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ed, forms a check on the powers vested in the general govern. ment. The sovereignty of each state, though reduced from its original amplitude, has been viewed, by the most illustrious statesmen of our country, as forming a safe and effectual counterpoise to that mass of power given by the constitution of the United States, and which is necessary for the general welfare. Whatever apprehensions may have been entertained, at any former period, of the operations of the national government, the people of this commonwealth haye but one sentiment, as to its continuance. Massachusetts will be among the last to impair the union of the states, as she would be the last, silently to ABANDON HER OWN JUST RIGHTS.

the

"Without extending our views to the general history of mankind or of governments, the annals of our own country, migration and settlement, the political and religious principles, and the literary institutions of our fathers-the rise, progress, and termination of the momentous question between Great Britain and her colonies, (now the United States of America,) as to the right of parliamentary taxation-the origin, structure, and establishment of our system of jurisprudence; open various and prolific sources of instruction to the legislator, and of proud satisfaction to the American patriot.

"Annual elections and frequent meetings of the legislature, being designed to perpetuate the principles of a free government in their purity and vigor, and to promote in the highest possible degree, the general welfare of the state, it seems highly important, and auxiliary to these ends, that the attention of the general court be frequently directed to inquiries into the competency of the laws for securing to the people their political and elective rights; and whether they obtain, what the constitution assures them, "right and justice, without purchase, without denial, and without delay."

"Massachusetts has always been respectable among her sister states. And while she retains the spirit and is governed by the principles of her political, religious, and moral institutions, while her schools and seminaries of learning are supported, while science and the useful arts are cultivated, her love of justice and habits of industry and economy are maintained, she will continue to command the respectful consideration of the civilized world.

"The commonwealth, to the mild and beneficent influence of whose constitution and laws we are indebted for our civil privileges, the secure enjoyment of the rights of conscience, and whatever is dear to us in domestic life, claims our first fealty and homage. And I may add, that the people in the several

states will most effectually perpetuate the system of national government, by preserving the solidity and strength, and by maintaining the erect attitude of the PILLARS, on which the vast superstructure is erected.

"Hitherto, conformably to the genius and maxims of free governments, all the departments of industry have been equally protected by the laws. The destination of labor and capital has been controlled by the option of individuals: and in this freedom of choice, our liberty greatly consists.'

These opinions and declarations, officially made to the assembled representatives of the people, were the result of mature reflection, and of many years study of the nature of our free and happy government. They are true expressions of the enlightened patriot, and of the disinterested friend of republican liberty. The wish and object of his heart were the preservation of civil liberty, supported by just and constitutional law. It was not in character for Governor Brooks to make public speeches merely for display, or to gain popularity. His was the rare patriotism, which prefers the public welfare to popular favor. He relinquished an honorable profession, and entered into the service of his country from the purest motives. After a faithful and resolute discharge of his duty, as an officer of the revolutionary army during the whole war, he took a very decided and active part in preserving order and subordination among the troops, in 1783, on the restoration of peace. When insidious attempts were made to persuade the troops, with arms in their hands, to assume the attitude of menace, and to insist on payment from congress, when it was wholly out of their power; a committee of the officers, who had a meeting on this most alarming occasion, and who, (to the great honor of the individuals chosen,) were General Knox, Colonel Brooks, and Captain Hayward, all of Massachusetts, reported resolutions, which were unanimously adopted ; and were as follows:* "That, at the commencement of the present war, the officers of the American army, engaged in the service of their country, from the purest love and attachment to the rights and liberties of human nature, (which motives still exist in the highest degree) and that no circumstances of distress or danger shall induce a conduct which may tend to sully the reputation and glory they have acquired, at the price of their blood, and eight years' faithful services: That the army have an unshaken con

* General Gates was chairman of this meeting of officers of the continental army; and the meeting, when the committee was elected, was addressed by General Washington, the commander-in-chief.

fidence in the justice of congress and their country; and are fully convinced that the representatives of the American people will not disband nor disperse the army, until their accounts are liquidated, and adequate funds established for their payment: That the commander-in-chief be requested to write to the president of congress, earnestly entreating the speedy decision of that honorable body on the subject of our late address, which was forwarded by a committee of the army: In the alternative of peace or war, this event would be highly satisfactory, and would produce immediate tranquillity in the minds of the army, and prevent any further machinations of designing men to sow discord between the civil and military powers of the country: And that the officers of the American army view with abhorrence and reject with disdain, the infamous propositions contained in a late anonymous address to the officers of the army, and resent with indignation the secret attempts of some unknown persons to collect the officers together, and in a manner totally subversive of all discipline and good order." *

Governor Brooks took a deep interest in the penitentiary at Charlestown, which was established at the expense and by the direction of the state, at the time of some changes in the criminal code. When first established, and for several subsequent years, the system was very defective, and did not answer

* Certain individuals were suspected of a plan so to excite the feelings of the army, as to induce them to remain together till congress should provide payment, in part, for their wages, and adopt effectual measures to answer all their claims within a definite period. Anonymous letters were circulated, addressed chiefly to the passions of the soldiers; and except for the prompt efforts of General Washington and some other officers, the most disastrous effects might have followed.

Who were the authors of these inflammatory letters was never known; and the hope was cherished that no one belonging to Massachusetts, suggested or favored a measure so ominous to the liberties of America.t

Colonel Brooks was an original member of the society of Cincinnati; and after the death of General Lincoln, was president of the State Society in Massachusetts. The design of the society, it is stated in their proceedings, adopted in May, 1783, was "to perpetuate the remembrance of the LIBERTy and INDEPENDENCE of the United States, and the friendships formed under the pressure of common danger-to inculcate to the latest ages the duty of laying down in peace, arms assumed for public defence and the following principles, it was declared, should be immutable and the basis of the society: An incessant attention to preserve inviolate those exalted rights and liberties of human nature, for which they fought and bled; and without which the high rank of a rational being is a curse rather than a blessing and an unalterable determination to promote and cherish, between the respective states, that union and national honor, so essentially neces sary to their happiness, and the future dignity of the American empire."

the expectations of the public. The great defect was found in the want of cells, sufficient to realize solitary confinement during the night. Sometimes the number of convicts in the prison was so great that six and even eight persons were lodged in one room; where the younger and the least criminal were liable to be corrupted by the more depraved, and where plans of mischief and of rebellion might be proposed. The governor saw both the defect and the remedy; and he repeatedly urged the legislature to provide another building, with such a number of additional cells and rooms, that there might be entire solitary confinement, except when the convicts were at work and under the inspection of an armed guard. The general court could not be persuaded to comply with the advice of the governor, on account of the great expense which would attend the erection of the building proposed. Some of the members of the legislature, and many other citizens were also in doubt of the benefit of the system in every form; and were therefore disposed to abandon it altogether. But Governor Brooks expressed his belief, that if the plan of solitary confinement by night could be carried into effect, the system would be proved to be useful, by preventing the bad from depredating on society, and at the same time affording an opportunity and the means of reformation. In this opinion, the chief executive officer of the state prison, after several years of experience, fully agreed with the governor; and even urged the plan of solitary confinement, as the only one to authorize a hope of the utility of the institution. The debt of the commonwealth was great at that time; which operated as one objection to an additional building, as recommended by Governor Brooks; but his advice and opinion, so often given, had an influence, no doubt, with his successors in urging the measure, till it was finally adopted. Governor Brooks was a firm supporter of law; but his benevolence led him to favor all reasonable plans for the reformation and improvement of mankind. He corresponded with some distinguished philanthropists in Europe, as well as in the United States, on the subject of penitentiaries; and he became satisfied, that, with solitary confinement for the night, such institutions would be preferable to former modes of punishment. The consideration of the expense of a new building, therefore, had little influence with him. And but for his decided and repeated recommendations, the additional buildings, probably, would not have been provided, and the system would have been abandoned in Massachusetts.

While Governor Brooks was in the chair, petitions from many of the people of Maine were presented to the general

court, for a separation of that part of the state. When the subject was first submitted to the people of that district, in 1817, there was not a majority in favor of a separation. But on a second application, in 1819, and the majority expressing an opinion for forming a separate and independent state, the consent of Massachusetts was given; and terms were stipulated for dividing the common and wild lands in that district. One half of those lands were to remain the property of Massachusetts; at the same time it was agreed, that Maine should be entitled to one third of the sums received from congress as a reimbursement of the expenses of the militia of the state, during the war of 1812. The population of Maine, when it was formed into a separate state, was about two hundred and thirty thousand, and that of Massachusetts four hundred thousand.

In 1820, forty years from the adoption of the state constitution, a convention was held in the metropolis, by delegates from all the towns in the commonwealth, to consider what alterations were required in that instrument. The constitution, as first adopted, provided, that alterations might be made in fifteen years. In 1795, the majority of the people expressed an opinion, that it was inexpedient to call a convention at that time; as they were not sensible of any important alteration necessary to be made in the constitution. After the separation of Maine, it was deemed expedient to have a revision of it; but other considerations had an influence in favor of the measure. There were several changes projected by different individuals in the commonwealth: the most important was provision for a much less number of representatives than was allowed by the constitution. But no alteration in this respect was made by the convention. There probably was a majority in the convention for lessening the number; but no plan was suggested which received the approbation of the convention. It was also proposed to dispense with the office of lieutenant governor, or of the counsellors; but neither were these propositions approved. Another plan was to have the senate based on population, as the house was, and not on property, as by the original constitution. This project was also rejected by the convention.

The most important alteration of the constitution adopted by the convention, was a clause respecting the qualifications of voters for public officers in the state. This was considered more republican or democratic, as it permitted some description of persons to vote who before had not that privilege.*

* The constitution now allows every male citizen of the age of twenty