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Ronald M. Peters - The Massachusetts constitution of 1780: a social compact

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title The Massachusetts Constitution of 1780 A Social Compact author - photo 1

title:The Massachusetts Constitution of 1780 : A Social Compact
author:Peters, Ronald M.
publisher:University of Massachusetts Press
isbn10 | asin:087023143X
print isbn13:9780870231438
ebook isbn13:9780585084008
language:English
subjectConstitutional history--Massachusetts, Social contract.
publication date:1978
lcc:JK3125.P47 1978eb
ddc:342/.744/029
subject:Constitutional history--Massachusetts, Social contract.
Page i
The Massachusetts Constitution of 1780
A Social Compact
Ronald M. Peters, Jr.
The University of Massachusetts Press Amherst 1978
Page ii
Copyright 1974 by Ronald M. Peters, Jr.
Originally copyrighted as "The Political Theory of the
Massachusetts Constitution of 1780"
All rights reserved
Library of Congress Catalog Card Number 77-90730
ISBN 0-87023-143-X
Printed in the United States of America
Designed by Mary Mendell
Library of Congress Cataloging in Publication Data
Peters, Ronald M.
The Massachusetts constitution of 1780.
Includes bibliographical references and index.
1. MassachusettsConstitutional history.
2. Social contract. I. Title.
JK3125 1780.P47 342'.744'029 77-90730
ISBN 0-87023-143-X
Page iii
Contents
Acknowledgments
v
Preface
vii
I
The Massachusetts Constitution of 1780
1
II
The Text of the Constitution
40
III
The Theory of the State
65
IV
The Theory of Government
115
V
Commonwealth
177
Appendix
195
Bibliographic Note
225
Index
238

Page iv
To Mother and Father
Page v
Acknowledgments
The political theory of the Massachusetts Constitution of 1780 would have remained undiscovered had I not had the support and assistance of many people. The book began as a doctoral dissertation, and my largest debt arising from the dissertation is to the chairman of my research committee, Tim Tilton. His shrewd criticisms of the developing manuscript wrought many improvements in both the argument and the style of the essay. He has been an inspiration, an example, and a friend to me, and for all of these reasons I am greatly indebted to him. Among other members of my research committee, I am grateful to both Lynton Caldwell and Bernard Sheehan for their thoughtful reading of the manuscript. Larry Hill came late to the project, but he was a major source of support and advice as I struggled to turn the dissertation into a book. Numerous persons helped in the research and preparation of the manuscript at various stages of its development. Connie Bolte, Ronald M. Peters, Sr., and Helene L. Peters were able research assistants; Helene Peters, in particular, received a second education in the history of her birthplace. Several members of my family were kind enough to house me during a summer of research on the East Coast: Mrs. Dorothy Loughlin, of Worcester, Massachusetts; Ted and Virginia Peters, of North Andover, Massachusetts; Cameron Peters, of Boston; George and Mary Jane Mastapeter, of Martinsville, New Jersey; and Mrs. Rose Mastapeter, recently departed, of Bound Brook, New Jersey. My debt to Glenda May Peters cannot be calculated; she changed her name, but she never changed. Pam Hussen, Geri Rowden, and Betty Anderson were faithful typists, each of whom corrected many of my errors and none of whom rubbed them into my face.
Librarians from Boston to New York gave me an education in the mechanics of serious research. I would like especially to ex-
Page vi
tend a grateful thanks to Ms. Gertrude Fisher of the Massachusetts Historical Society, and to Mr. and Mrs. Leo Flaherty, of the Massachusetts Division of Archives. I must also acknowledge with appreciation the many people who were of help to me in the Boston Public Library, the Massachusetts State Library, the Boston University Library, the American Antiquarian Society, the New York City Public Library, the Indiana University Library, and the Lilly Library. I would not have been able to travel to these places and meet these people, however, without the generous support of the Earhart Foundation of Ann Arbor, Michigan, for which I extend my deepest appreciation.
Finally, a word about Charles S. Hyneman. During the time when this book was researched and written, Charles Hyneman was the source of whatever wisdom I obtained. He struggled for years to shape my mind and he ended up getting at my character as well. He led me to the serious study of politics and showed me how to do it. Charles Hyneman, more than any other person except myself, is responsible for what follows. But if it does not do him justice, the fault is mine and not his.
Page vii
Preface
This book is an interpretation of the political theory of the Massachusetts Constitution of 1780. The focus is upon the relationship between the individual and the demos, as that relationship is defined by the Constitution. This is the central problem of social contract theory, as defined by Hobbes, Locke, and Rousseau. The Massachusetts Constitution of 1780 was adopted by a political society that was schooled in social contract theory, and was explicitly predicated upon a social contract. In order to understand that social contract, I found it necessary to reconstruct the theoretical basis of the Constitution. This reconstruction rests upon an exegesis of the political literature produced in Massachusetts between 1774, the year of the Continental Congress, and 1780. I attempt to develop the theoretical implications of this literature and bring them to bear upon the task of interpreting the theoretical foundations of the Constitution.1
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