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Little Compton, 36; Providence, 10; Smithfield, 75; Scituate, 55; Foster, 55; Glocester, 60; Cumberland, 40; Cranston, 50; Johnston, 30; North Providence, 20; Westerly, 31; North Kingstown, 50; South Kingstown, 100, Richmond, 25; Exeter, 31; Hopkinton, 30; Bristol, 20; Warren, 10; Barrington, 10; Warwick, 50; East Greenwich, 25; West Greenwich, 22; Coventry, 30.

This was the first proceeding of this State in relation to the new Constitution. She had no vote in Congress on the resolution recommending the holding of the Convention that formed it, no delegation at that Convention, and no vote in Congress on the report of the Convention to Congress. That Convention proposed that its adoption or rejection should be decided by a convention in each State, to be called by its legislature. This was the way proposed to bring the subject before the people of the states. Such conventions would represent the people, and the people alone were to be the parties to the Constitution. The legislature was the proper body to provide for such a convention, to arrange for the election of delegates to it, determine the time and place of their meeting. And this the General Assembly should have done at this time.

At the May session of the General Assembly, Peleg Arnold, Jonathan J. Hazard, Daniel Manton and Sylvester Gardner were elected delegates to Congress for one year from the first Monday in November, 1787.

This Congress should have assembled on the 5th day of November. On that day, South Carolina and Georgia were the only states in attendance; one other delegate, and he from New Hampshire, was also present. A quorum of states appeared on the 21st of January, 1788, and on the day following, Cyrus Griffin, a delegate from Virginia, was elected President.

As neither of the delegates from this State had left to discharge their duties in Congress, the Assembly at their February session, 1788,

VOTED AND RESOLVED, That Peleg Arnold and Jonathan J. Hazard, Esqrs., two of the delegates to represent this State in the Congress of the United States, be, and they are, hereby requested to take their seats in Congress as soon as may be.

Pursuant to this request, Mr. Arnold on the 6th of May, and Mr. Hazard on the 2d day of June, appeared in Congress and remained until August 7th. After this, Mr. Hazard's name does not appear on the Journals of Congress. Mr. Arnold's occurs on the 8th of September, and from time to time till the first of November. The other delegates did not attend Congress during the term of their appointment. The State was not so represented as to be entitled to a vote, except from July 2d to August 7th.

At the February session, 1788, the General Assembly passed the following act :

WHEREAS, the honorable the Continental Congress did heretofore recommend to the legislatures of the respective states to appoint delegates to meet in Convention at Philadelphia, in May, A. D. 1787, to make such alterations and amendments in the present Confederation of the United States, as would tend to promote the happiness and good government and welfare of the Federal Union; and whereas, the said delegates, on the 17th of September, 1787, did agree upon and report to the Congress of the United States a form of Constitution for the United States of America; and whereas, the said United States in Congress assembled, did by a resolution, passed the 28th day of September, A. D. 1787, transmit said report to the Legislature of this State to be submitted to the people thereof; and whereas, as this legislative body in General Assembly convened, considering themselves the representatives of the great body of the people at large, and that they cannot make any innovation in a Constitution which has been agreed upon and the compact settled between the governors and the governed without the express assent of the people at large, by their own voices individually taken in town meetings assembled; wherefore, for the purpose aforesaid and for submitting the said Constitution for the United States to the consideration of the freemen of this State,

BE IT ENACTED BY THIS GENERAL ASSEMBLY, AND BY THE AUTHORITY THEREOF IT IS HEREBY ENACTED, That the fourth Monday in March, instant, be, and the same is, hereby appointed the day for all the freemen and free

holders within this State to convene in their several towns in town meetings assembled, and to deliberate upon and determine each individual who hath a right to vote for the choice of general officers, by himself, by polls, whether the said Constitution for the United States shall be adopted or negatived.

AND BE IT FURTHER ENACTED BY THE AUTHORITY AFORESAID, That the town clerks in the respective towns shall forthwith issue their warrants for the convening of the freemen and freeholders to meet on said fourth Monday in March instant, at such place where the town meetings are usually holden; and the same shall be directed to the town sergeants and constables of the respective towns, who shall cause notifications to be set up in the most public places of resort within such towns, and shall also repair to the usual places of abode of the freemen and freeholders in such town, and give them notice of the meeting aforesaid for the purpose aforesaid; the said town sergeants and constables, to have particular districts pointed out to them to warn the freemen and freeholders, so as not to interfere with each other's district and all the freemen and freeholders may, if possible, have notice, and attend accordingly. And upon the convention of said freemen, they shall appoint a moderator who shall regulate such meeting, and the voices of the freemen and freeholders shall be taken by yeas and nays, and the town clerk of each town shall register the names of each and every freeman and freeholder with the yea or nay as he shall respectively give his vote aloud in open town meeting, and shall keep the original on file in his office, and shall make out a true and fair certified copy of the register aforesaid with the yeas and nays of each and every person thereon, and carefully seal the same up and direct it to the General Assembly to be holden by adjournment at East Greenwich, in the county of Kent, on the last Monday in March instant, and deliver the same to one of the representatives of such town, or other careful person who will take charge of the same, to be delivered to the said General Assembly, then and there to be opened, that the sentiments of the people may be known respecting the

same.

AND IT IS FURTHER ENACTED BY THE AUTHORITY AFORESAID, That in case it shall so happen that the said fourth Monday in March, inst., shall prove to be stormy or boisterous weather, so that the freemen and freeholders in general cannot conveniently attend, the said town meeting may adjourn from day to day, not exceeding three days, so that the voices of the people may be taken.

AND IT IS FURTHER ENACTED BY THE AUTHORITY AFORESAID, That the Secretary shall forthwith transmit to each town clerk of the respective towns within this State a copy of this act.

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This was the second step taken in this State in relation to the Constitution. The Assembly, in the preamble, exhibits a praiseworthy abhorrence of any innovation on the rights of their constituents. To carry out their ideas fully, they should have called a mass meeting of the people of the State, to act on the Constitution, or rather should have simply suggested the holding of such a meeting, for evidently they had no more power to call a town meeting for such a purpose than they had a mass meeting. The mode prescribed for calling the town meetings and for voting in them were "innovations on all previous customs. It was certainly as much in the power of the General Assembly to advise the holding of a convention as recommended by the Congress, as the holding of town meetings. The Constitution was transmitted to the Legislature for the express purpose of being laid before a convention, as appears by reference to the resolution of Congress and of the convention that formed the Constitution. It would seem that neither did Congress nor this convention suppose that the legislatures of the states were competent to assent to and ratify this Constitution Both of them expected the action of the people of each state, and this they supposed could not be had by a mass meeting of the people of each state, or by representatives chosen by such a meeting. The people of every state had been divided into towns or counties or parishes, each of which had been accustomed to choose representatives, and those representatives together had been deemed representatives of the whole body of the people. It would not have been a great stretch of power for these representatives assembled as a General Assembly for general purposes of legislation, to advise their constituents to elect representatives to meet together for any special purpose.

This act passed the house of representatives by a vote of forty-three to fifteen. A proposition to amend it so as to

take the votes of the freemen and freeholders in the special town meetings on the question, whether a convention should be called pursuant to the vote of Congress to decide on the Constitution, was negatived in the same house by a vote of sixteen to thirty-six. A motion to call a convention was also negatived by a vote of twelve to forty-two.

The representatives from Little Compton, brought to this session the following instructions from their constituents :

To MESSRS. GEORGE SIMMONS AND NATHANIEL SEARLE, DEPUTIES FOR THE TOWN OF LITTLE COMPTON :

We, the inhabitants of the town of Little Compton, being lawfully assembled in public town meeting, this 6th day of January, A. D. 1788, for the purpose of taking into consideration the proceedings of the late honorable Continental Convention, and being deeply impressed with a sense of the extreme need we stand in, of a well organized, energetic, national government, and viewing the new Federal Constitution as a plan of government well adapted to the present critical situation of our national affairs: We do therefore enjoin it upon you, gentlemen, as our positive instruction, that you and each of you, do use your utmost endeavors, at the next session of the General Assembly of this State, to have an act passed, recommending to the several towns in this State, to choose deputies to meet in a State Convention as soon as may be, for the purpose of adopting or rejecting the new Federal Constitution, agreeably to the requisition of the late honorable, the Continental Convention; and these our positive instructions, gentlemen, you must not fail to execute, on pain of incurring our highest displeasure.

The fourth Monday in March did not prove to be stormy or boisterous weather, so that the freemen or freeholders could not attend the proposed town meeting. The registers of votes were duly returned to the adjourned session of the Assembly on the last Monday of the month. A committee appointed to count the votes, reported the numbers of yeas to be 237, and nays, 2,708, making a majority against the Constitution of 2,471. Thereupon, the Assembly appointed Deputy Governor, Owen, Jonathan J. Hazard, Thomas Joslyn,

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