History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
But while the Continental Congress were engaged in the adoption of these
measures of constitutional resistance, and still acknowledged their
colonial relations to the imperial government, the course of events in
Massachusetts had put an end to the forms of law and government in that
colony, as established or upheld by imperial authority. The last
Assembly held in the Province upon the principles of its charter had
been dissolved by the Governor's proclamation, at Salem, on the 17th of
June, 1774. The new law for the alteration of the government had taken
effect; and in August the Governor received from England a list of
thirty-six councillors, who were to be called into office by the King's
writ of _mandamus_, instead of being elected, as under the charter, by
the House of Representatives. Two thirds of the number accepted their
appointment; but popular indignation, treating them as enemies of their
country, compelled the greater part of them to renounce their offices.
The new judges were prevented everywhere from proceeding with the
business of the courts, which were obstructed by assemblies of the
people, who would permit no judge to exercise his functions, save in
accordance with the ancient laws and usages of the Colony.
Writs had been issued for a new General Assembly, which was to meet at
Salem in October; but it was found, that, while the old constitution had
been taken away by act of Parliament, the new one had been rejected by
the people. The compulsory resignation of so many of the councillors
left that body without power, and the Governor deemed it expedient to
countermand the writs by proclamation, and to defer the holding of the
Assembly until the popular temper should have had time to cool. But the
legality of the proclamation was denied; the elections were everywhere
held, and the members elect assembled at Salem, pursuant to the
precepts. There they waited a day for the Governor to attend, administer
the oaths, and open the session; but as he did not appear, they resolved
themselves into a Provincial Congress, to be joined by others who had
been or might be elected for that purpose, and adjourned to the town of
Cambridge, to take into consideration the affairs of the Colony, in
which the regular and established government was now at an end. Their
acts were at first couched in the form of recommendations to the people,
whose ready compliance gave to them the weight and efficacy of laws,
and there was thus formed something like a new and independent
government. Under the form of recommendation and advice, they settled
the militia, regulated the public revenue, provided arms, and prepared
to resist the British troops. In December, 1774, they elected five
persons to represent the Colony in the Continental Congress that was to
assemble at Philadelphia in the ensuing May. They were met by a
proclamation, issued by the Governor, in which their assembly was
declared unlawful, and the people were prohibited, in the King's name,
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