Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
of thirty was chosen to perform these two important duties; and this
Committee, after extended discussion, intrusted to John Adams alone
the preparation of a Declaration of Rights, and to a Sub-Committee,
consisting of James Bowdoin, Samuel Adams, and John Adams, the
duty of preparing the Form of a Constitution, which Sub-Committee
again delegated the task to John Adams: so that to the pen of this
illustrious citizen we are indebted primarily both for the Declaration
of Rights and the Form of the Constitution.[36]
[33] Essex Result, p. 4.
[34] Journal of the Convention, pp. 22, 23.
[35] This was the testimony of the late Rev. Charles Lowell, who
had received it from his father, Hon. John Lowell, a member of
the Convention, in whose family was a tradition that the latter
obtained the insertion of the words "all men are born free and
equal," for this declared purpose. See, _ut supra_, Coll. Mass.
Hist. Soc., 4th Ser. Vol. IV. p. 340.
[36] Observations on the Reconstruction of Government in
Massachusetts during the Revolution: Works of John Adams, Vol. IV.
pp. 215, 216.
It is not difficult to trace most, if not all, of the ideas and
provisions of our Preamble and Declaration of Rights to their primitive
sources. The Preamble, where the body politic is founded on the fiction
of the Social Compact, was doubtless inspired by the writings of
Sidney and Locke, and by the English discussions at the period of the
Revolution of 1688, when this questionable theory did good service
in response to the assumptions of Filmer, and as a shield against
arbitrary power. Of different provisions in the Bill of Rights, some
are in the very words of Magna Charta,--others are derived from the
ancient Common Law, the Petition of Right, and the Bill of Rights
of 1688,--while, of the thirty Articles composing it, no less than
nineteen,[37] either wholly or in part, may be found substantially in
the Virginia Bill of Rights: but these again are in great part derived
from the earlier fountains.
[37] Namely, Articles 1, 2, 4-10, 12-18, 20, 26, 30. The Virginia
Bill of Rights consists of sixteen Articles, three of which (the
5th, 6th, and 8th) are divided in the Massachusetts Declaration,
constituting respectively the substance of Articles 30 and 8, 9 and
10, 12 and 13.
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