It was my earnest purpose to preserve town
representation and in the debate I made two elaborate speeches. It was
then and upon that subject that I encountered Mr. Choate for the first
time. He was a supporter, and, of course, the leading advocate of the
district system. The Convention adhered to town representation in a
modified form. The proposition was defeated by the vote of Boston,
which gave a majority against the new Constitution of about one
thousand in excess of the negative majority of the entire State.
More serious difficulties, even, were encountered in the attempt to
change the tenure of judges. No inconsiderable portion of the
Convention favored an elective judiciary. To that project I was
opposed. By the co-operation of a number of the members of the
coalition party with the Whigs the proposition was defeated. Next,
a proposition was submitted by Mr. Knowlton of Worcester, to continue
the appointment in the Executive Department, limiting the tenure to
seven years. After an amendment had been agreed to extending the term
to ten years, the proposition was adopted. With some misgivings I
assented to the compromise. The attempt to change the tenure of the
judges was a grave mistake, and it was the efficient cause of the
defeat of the work of the Convention. Beyond this error, the defeat of
the new Constitution was made certain by the course of Bishop
Fitzpatrick of the Catholic Church.
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