Evening star., 1936-04-19
The Berkshire
COnstitutiOnalists
BY Frederic J. Haskin.

this day. ever thought it could become
During President Franklin Roosevelt's
administration more laws have been de-
clared invalid under the Constitution
than in any previous period of years. The
Constitution has fallen into diSrepute
among many people who have asserted
that it is antiquated and unresponsive.
Others adhere to its fundamentalism and
declare for departure from it only by
constitutional methods-thst is, amend
ment and ratification by the whole
people.
Concerning the drafting Of the Con-
Stitution, the history books have most
to say about such great statesmen of
the South as Madison and Jefferson and
Pinckney, but there is reason to suspect
that the strongest influence really came
from New England and from a small
group in one New England State-the
farmers of Berkshire County, in MasSa
chusetts. To the more searching his
torians they have come to be known as
the Berkshire ConstitutionaliSts. Their
inSiStence on constitution as funda-
mental law and a bill of rights was
carried to the point Of threatened Sc
cession from Massachusetts, under arms,
and SO urgent were they that they car
ried their point. first in Massachusetts,
and, later, in influencing the Federal
Constitution.
Some years ago the entire Nation was
amazed at the action of a judge in
Adams County, Ohio, who disfranchiSed
the entire county for year because of
widespread bribery and corruption of
the electorate. This event should be
impaneled as a companion piece with
the action of the people Of Berkshire
County, who, in 1774. unseated the courts
as being tyrannical and corrupt For six
years the county had no law courts and
did not consent to have courts until
constitution which should govern them
could be vouchsafed. Delay in granting
constitution on the part OF MaSSachu-
sets resulted in a threat to withdraw
and attach the county to New York or
some State that would provide a con-
stitution which would lay down funda
mental rules of action.
In 1774, when the Berkshire suspension
of the courts started, the courts were
those appointed by royal authority. as
Massachusetts was still colony. But
even after the Declaration Of Independ-
ence, though the Berkshire farmers were
active in military service, they persisted
in their refusal to permit any court to
sit until guiding constitution, accepted
by the people, had been provided. The
court holiday was not, as might be eX
pected, marked by laWlesSnesS and tres
pass. The peace was kept and men paio
their debts as general rule. There were,
Of course, exceptions but so are there
in counties crowded with courts.
X Xxx
There were threats from other parts
of the State to move against Berkshire
under arms just as there were threats
of Berkshire to secede, but no violence
occurred. Petitions were sent to the
General Court, the Massachusetts, Legis-
lature being so called, for a constitution
with the reiterated statement that there
would be no submission until constitu-
ton was provided.
Thomas Allen, a parson. was a leader
of the rebellion against unconstitutional
ism. He was fighting parson in every
sense. having fired the first shot at the
battle of Bennington, but his military
prowesS was nothing to the tenacity with
which he insisted on a known and ac-
cepted law. His basis was that it would
be very easy to win the Revolution and
shift from one tyrant, a king, to multi
tude of tyrants in the shape Of judges
and legislators, Who would prove worse
if there were no basic law to govern
them.
In other words. the position Of the
Berkshire Constitutionalists was that
the only tyrant to which they would sub
nit was the law, in contrast to admins
traitors of the law. 1t is interesting to
recall in this connection, that, after
many reforms, the King Of England now
takes an oath of allegiance to the law
and the people. This is carrying out
the idea that the law, in constitutional
form, as established by the people, is the
supreme and the only supreme temporal
ruler.
The constitution finally enacted pro-
vided that laws enacted by the Legis-
lature could be declared void if found
to be incompatible with the constitu-
ton. In the same manner. later, the
trainers of the Federal Constitution gave
the Supreme Court of the United States
authority to declare invalid acts OF Con-
gress which should be repugnant to the
basic law. The judicial power OF the
United States" says the Constitution,
shall be vested in one Supreme Court,
and in such inferior courts as the Con-
gress may from time to time ordain and
establish" There could be no mistaking
such forceful language. The judicial
power is definitely vested as a power
above Congress and subservient only to
the Constitution.
The tenacity of these Berkshire farm
ers and the results upon American his
tory of that tenacity are astounding.
They were not professional men, not even
LAWYERS. They were farmers. Indeed,
Capt. Jonathan Smith. in addressing the
Massachusetts convention. declared. in
cidentally that in his town OF Lanes
borough there was not single lawyer.
He described himself as a ploughman,
but the transcript of his address shows
that he had many gifts
So insistent we're these Berkshire
farmers that finally a committee was
named to take up their demand. 1t con-
sisted of men no less than John Adams,
Samuel Adams and James Bowdoin. and
it would be difficult to find three more
celebrated names in Massachusetts, his
tory. John Adams was delegated to
draft bill of rights.
This had been insisted upon by the
Berkshire farmers as condition prece-
dent to their acceptance OF courts. It
may be remembered that, later, the Fed
eral Constitution came near failing OF
ratification because bill Of rights was
not at first contained. Such bill had
to be hustled into the instrument by
adding the first ten amendments.