From David McCullough’s John Adams:
On Adams’ writing of “A Constitution or Form of Government for the Commonwealth of Massachusetts” completed on October 30, 1779 (Adams’ 44th birthday)
The work was to be his alone, and if ever he had a chance to rise to an occasion for which he was ideally suited, this was it. so many of his salient strengths the acute legal mind, his command of the English language, his devotion to the ideals of the good society so much that he knew of government, so much that he had read and written, could now be brought to bear on one noble task
In any event, the result was to be one of the most admirable, long-lasting achievements of John Adams’ life .
A tone of absolute clarity and elevated thought was established in the opening lines, in a Preamble, a new feature in constitutions, affirming the old ideal of the common good founded on a social compact:
“The end of the institution, maintenance, and administration of government is to secure the existence of the body politic; to protect it; and to furnish the individuals who compose it with the power of enjoying, in safety and tranquility, their natural rights and the blessings of life; and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, happiness and prosperity ”
A Declaration of Rights, following the Preamble and preceding the Constitution itself, stated unequivocally that all men were “born equally free and independent” and that they had certain “natural, essential, and inalienable rights.” It guaranteed free elections, and in one of a number of articles borrowed from the constitution of Pennsylvania, guaranteed “freedom of speaking” and “liberty of the press”. It provided against unreasonable searches and seizures, and trial by jury. While it did not guarantee freedom of religion, it affirmed the “duty” of all people to worship “the Supreme Being, the great creator and preserver of the universe,” and that no one was to “hurt, molested, or restrained in his person, liberty, or estate for worshiping God in the manner most agreeable to the dictates of his own conscience”, provided he did not disturb the public peace
There would be two branches of the legislature, a Senate and a House of Representatives, an executive, the governor, who was to be elected at large annually and have veto power over the acts of the legislature. But it was the establishment of an independent judiciary, with judges of the Supreme Court appointed, not elected, and for life (“as long as they behave themselves well”), that Adams made one of his greatest contributions not only to Massachusetts but to the country, as time would tell.
In addition, notably, there was Section II of Chapter 6, a paragraph headed “The Encouragement of Literature, Etc.”, which was like no other declaration to be found in any constitution ever written until then or since. It was entirely Adams’ creation, his original contribution to the constitution of Massachusetts and he rightly took great pride in it.
“Wisdom and knowledge, as well as virtue, diffused generally among the body of the people being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in various parts of the country, and among the different orders of the people, it shall be the duty of legislators and magistrates in all future periods of this commonwealth to cherish the interests of literature and the sciences, and all seminaries of them, especially the university at Cambridge, public schools, and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings, sincerity, good humor, and all social affections, and generous sentiments among the people.”
It was, in all, a declaration of Adams’ faith in education as the bulwark of the good society, the old abiding faith of this Puritan forebears. The survival of the rights and liberties of the people depended on the spread of wisdom, knowledge, and virtue among all the people, the common people, of whom he, as a farmer’s son, was one. “I must judge for myself, but how can I judge, how can any man judge, unless his mind has been opened and enlarged by reading,” Adams had written in his diary at age 25
As had no constitution before, Adams was declaring it the “duty” of government not only to provide education but to “cherish” the interests of literature and science indeed, the full range of the arts, commerce, trades, manufactures, and natural history
Because wisdom and education were not sufficient of themselves, he had added the further “duty” of government to “countenance and inculcate” the principles of humanity, charity, industry, frugality, honesty, sincerity virtue, in sum. And amiability as well “good humor,” as he called it counted for the common good, the Constitution of Massachusetts was to proclaim, suggesting that such delight in life as Adams had found in the amiable outlook of the French had had a decided influence.
He had written Section II of Chapter 6 in a burst of inspiration, the words “flowing” from his pen, but expected the convention to “show it no mercy,” as he later said. “I was somewhat apprehensive that criticism and objections would be made to the section, and particularly that the ‘natural history’ and ‘good humor’ would be stricken out.” To his surprise and delight, the whole of the paragraph passed intact, and, as he also noted, “unanimously without amendment!”
In the end, the convention approved nearly all of his draft, with only a few notable changes. Preferring what Jefferson had written in the Declaration of Independence, the convention revised the first article of the Declaration of Rights, that all men were “born equally free and independent”, to read that all men were “born free and equal”, a change Adams did not like and would like even less as time went on. He did not believe all men were created equal, except in the eyes of God, but that all men, for their many obvious differences, were born to equal rights.
The reference to freedom of speech was removed, not to be reinstated until much later, and the worship of God was declared a right of all men, as well as a duty. The legislature was also given power to override the governor’s veto, another change Adams regretted, as it was contrary to his belief in a strong, popularly elected executive.
None of the alterations, however, diminished his overall pride in what he and the convention had achieved, and the acclaim it brought. “I take vast satisfaction in the general approbation of the Massachusetts Constitution,” he would tell a friend. “If the people are as wise and honest in the choice of their rulers, as they have been in framing a government, they will be happy, and I shall die content with the prospect for my children.”
As time would prove, he had written one of the great, enduring documents of the American Revolution. The constitution of the Commonwealth of Massachusetts is the oldest functioning written constitution in the world.
