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Pittstown. Falmouth, North Yarmouth, Cape Elizabeth, Gorham, Solomon Lombard, Esq. FOR THE COUNTY OF BERKSHIRE. Brunswick, Harpswell,

Sheffield, Mr. Silas Kellogg, Windham,

Great Barrington, Doct. William Whiting, New Gloucester,

Patridgefield, Mr. Daniel Kinney, Scarborough, Mr. Samuel Small, Williamstown, Capt. Stephen Davis, Peirsontown,

Mr. Elisha Baker, Royalsburg,

New Marlboro', Capt. Zenas Wheeler, Gray,

Jabez Ward, Esq. Raymondtown,

Lanesborough, Col. Jonathan Smith, Bakerstown,

James Harris, Esq. Sylvester's Town,

Pittsfield, William Williams, Esq. Bridgetown.


Capt. William Walker,

Mr. Caleb Hyde,

Stockbridge, Mr. Elias Gilbert, FOR THE COUNTY OF LINCOLN.

Mr. Asa Bement,

Egremont, Ephraim Fitch, Esq. Povnalborough,

Tyringham, Capt. Ezekiel Herrick. Georgetown,

Sandisfield, Mr. James Ayrault, Newcastle,

Mr. David Deming, Woolwich,


Mr. Elisha Carpenter, Topsham,

Windsor, Mr. Hezekiah Green, Bowdoinham,

Capt. Leicester Grosvenor, Boothbay,

Hancock, Mr. Asa Douglass, Bristol,

Mr. Jacob Eaton, Richmond, Mr. Cromstock Betts, Vassalborough,

Loudon, Winthrop. Mr. Benjamin Brainard. Washington, Winslow,

W. Stockbridge, Capt. Increase Hewins, Waldoborough,

| Alford,

Mr. John Adams, jr. Edgecomb,

New Ashford, Hallowell,

Asheweelot, Belfast,

Plantation No. 7, Warren,

Adams, Thomaston,

New Providence, Mr. Peter Werdin, Lower St. Georges,


THURSDAY, 28th Oct. 1779. Several new Members appearing produced certificates of their appointment to sit and act in this Convention, which were respectively read and approved, and the gentlemen took their seats accordingly, viz. :


Brimfield, Hon. T. Danielson, Esq. Hubbardston, Mr. John Woods,
Sunderland, Mr. D. Montague, Holden,

Mr. Richard Flag.
Major Whitmore,
Charlemont, Mr. Aaron Rice,

New Salem,

Capt. Jeremiah Ballard, Buckland,

Samuel Todd, Esq.

Mr. Thomas Maxwell.


Capt. Jonathan Lock, Kingston, William Drew, Esq.
Pepperell, Col. Henry Woods,
Wilmington, Capt. John Harnden,

Mr. Edward Kendall.

Marblehead, Hon. Azor Orne, Esq.

Thomas Gerry, Esq.

Joshua Orne, Esq.
Needham, Col. William McIntosh.

Jonathan Glover, Esq.

Commonwealth of Massachusetts.





Sect. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the inhabitants of the several towns, Districts, and places within this Commonwealth, qualified to vote for Senators or Representatives in the General Court, shall assemble in regular town meetings, to be notified in the usual manner, on the third Monday of August next, and shall, in open town meeting, give in their votes, by ballot, on this question : “ Is it expedient that Delegates should be chosen, to meet in Convention, for the purpose of revising, or altering the Constitution of Government of this Commonwealth ?” And the selectmen of the said towns and districts shall, in open town meeting, receive, sort, count and declare, and the clerks thereof shall, respectively, record the votes given for and against the measure; and exact returns thereof shall be made out, under the hands of a majority of the Selectmen, and of the clerk, who shall seal up and deliver the same to the Sheriff of the county, within one week from the time of meeting, to be by him transmitted to the office of the Secretary of the Coramonwealth, on or before the second Monday in September next; or the selectmen may themselves transmit the same to said office, on or before the day last mentioned ; and all returns not then made, shall be rejected in the counting. And the Governor and Council shall open and examine the returns made as aforesaid, and count the votes given on the said question; and the Governor shall by public proclamation, to be inade on or before the third Monday in said month of September, make known the result, by declaring the number appearing in favor of choosing Delegates for the purpose aforesaid, and the number of votes appearing against the same: And if it shall appear that a majority of the votes given in, and returned as aforesaid, are in favor of choosing delegates as aforesaid, the same shall be deemed and taken to be the will of the people of the Commonwealth, that a Convention should meet accordingly; and in case of such majority, the Governor shall call upon the people to elect delegates, to meet in Convention, in the manner hereinafter provided.

Sect. 2. Be it further enacted, That if it shall be declared by the said proclamation that the majority of votes as aforesaid is in favor of choosing delegates as abovementioned, the inhabitants of the several towns and districts within the Commonwealth, now entitled to send one or more representatives to the General Court, shall, on the third Monday in October next, assemble in town meeting, to be duly notified by warrant from the selectmen, and shall elect one or more dele

gates, not exceeding the number of representatives to which such town is entitled, to meet delegates from other towns in Convention, for the purposes hereinafter expressed : And at such meeting of the inhabitants, every person entitled to vote for representatives in the General Court shall have a right to vote in the choice of delegates; and the selectmen shall preside at such elections; and shall, in open meeting, receive, sort, count, and declare the votes, and the clerk shall make a record thereof, fair copies of which, attested by the selectmen and clerk, shall be seasonably delivered to each person chosen a delegate as aforesaid. And all the laws now in force, regulating the duty and conduct of town officers, sheriffs, magistrates, and electors, in the elections of governor, lieutenant governor, counsellors, and senators, and representatives, shall, as far as applicable, apply and be in full force and operation as to all meetings holden, and elections and returns made under this act, or which, by this act, are required to be holden or made, and upon the like forfeitures and penalties.

Sect. 3. Be it further enacted, That the persons so elected delegates shall meet in Convention, in the State House in Boston, on the third Wednesday in November next; and they shall be the judges of the returns and election of their own members, and may adjourn from time to time, and one hundred of the persons elected shall constitute a quorum for the transaction of business; and they shall proceed, as soon as may be, to organize themselves in Convention, by choosing a president, and such other officers as they may deem expedient, and by establishing proper rules of proceeding; and when organized, they may take into consideration the propriety and expediency of making any, and if any, what alterations or amendments in the present Constitution of Government of the Commonwealth; and such amendments, when made and adopted by the said Convention, shall be submitted to the people for their ratification and adoption, in such manner as the said Convention shall direct; and if ratified by the people in the manner directed by the said Convention, the Constitution shall be deemed and taken to be altered or amended accordingly; and if not so ratified, the present Constitution shall be and remain the Constitution of Government of this Commonwealth.

Sect. 4. Be it further enacted, That the said Convention shall establish the pay or compensation of its officers and members, and the expense of its session; and His Excellency, the Governor, by and with the advice and consent of the Council, is authorized to draw his warrant on the Treasurer therefor.

Sect. 5. Be it further enacted, That the Secretary of the Commonwealth be and he hereby is directed, forthwith, after the passage thereof, to transmit printed copies of this Act to the selectmen of every town and district within the said Commonwealth ; and whenever the Governor shall issue his proclamation, calling upon the people to elect delegates, to meet in Convention as aforesaid, the said Secretary shall also, immediately thereafter, transmit printed copies of said proclamation, attested by himself, to the selectmen of every town and district in said Commonwealth. (Approved by the Governor, June 16th, 1820.]


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