Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
Though this assertion may at first sight seem too sweeping, it is borne
out by the facts. During the first sessions of the Continental Congress
no question was more pressing than the reorganization of the colonies
should they renounce their allegiance to the crown, nor was there one
in regard to which the majority of the delegates were more at sea.
From, their peculiar education the New Englanders were exceptions to the
general rule, and John Adams in particular had thought out the problem
in all its details. His conversation so impressed some of his colleagues
that he was asked to put his views in a popular form. His first attempt
was a short letter to Richard Henry Lee, in November, 1775, in which
he starts with this proposition as fundamental: “A legislative, an
executive, and a judicial power comprehend the whole of what is meant
and understood by government. It is by balancing each of these powers
against the other two, that the efforts in human nature towards tyranny
can alone be checked and restrained, and any degree of freedom preserved
in the constitution.” [Footnote: _Works of J. Adams_, iv. 186.]
His next tract, written in 1776 at the request of Wythe of Virginia, was
printed and widely circulated, and similar communications were sent
in reply to applications from New Jersey, North Carolina, and possibly
other States. The effect of this discussion is apparent in all of the
ten constitutions afterward drawn, with the exception of Pennsylvania’s,
which was a failure; but none of them passed beyond the tentative or
embryonic stage. It therefore remained for Massachusetts to present the
model, which in its main features has not yet been superseded.
A first attempt was deservedly rejected by the people, and the work was
not done until 1779; but the men who then met in convention at Cambridge
knew precisely what they meant to do. Though the executive and the
legislature were a direct inheritance, needing but little change, a
deep line was drawn between the three departments, and the theory of
the coordinate judiciary was first brought to its maturity within the
jurisdiction where it had been born. To attain this cherished object
was the chief labor of the delegates, for to the supreme court was to
be intrusted the dangerous task of grappling with the representative
chambers and enforcing the popular charter. Therefore they made the
tenure of the judges permanent; they secured their pay; to obtain
impartiality they excluded them from political office; while on the
other hand they confined the legislature within its proper sphere, to
the end that the government they created might be one of laws and not of
men.
Public-domain text, read in full here on John Shaqi.
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