nd influential leader
of the Free Soilers. Mr. Palfrey agreed that the Constitution
ought to be defeated, if possible. Judge Hoar and he sat
down together and prepared a pamphlet, the Judge furnishing
all the legal argument and Mr. Palfrey the rest, clothing
it all in his inimitable style. It was published under Dr.
Palfrey's name. Judge Hoar, being then upon the bench, did
not think it becoming to take any more public action in the
matter, although he made his opinion known to all persons
who cared to know it. Charles Francis Adams and Marcus Morton
also made powerful arguments on the same side. My father,
Samuel Hoar, also made several speeches against the Constitution.
At this defection of so many Free Soilers the Whig leaders
took heart and made a vigorous and successful resistance.

The result was that the people voted down the whole constitution.
Several of the most eminent leaders of the Free Soilers and
Democrats separated themselves from their party and joined
the Whigs in defeating it. Among them were Marcus Morton,
formerly Governor and Judge of the Supreme Court; John G.
Palfrey, who had been the Free Soil candidate for Governor;
Charles Francis Adams, afterward member of Congress and Minister
to England, and Samuel Hoar.

I was myself, at this time, an enthusiastic Free Soiler,
and was, as I have said, Chairman of the Republican County
Committee, but I joined the rebels against the dominant feeling
of my party.

The defeat of the Constitution was aided, however, undoubtedly
by a very just and righteous proposal which was submitted
to a separate vote of the people, but which had its effect
on the feeling in regard to the whole scheme, to prohibit
the use of any money raised by taxation for sectarian schools.
To this the Catholic clergy were opposed, and the Catholic
vote, not however then very important in Massachusetts, was
cast against the whole scheme.

But the Whigs did not entirely get over the feeling that
something must be done to propitiate the desire for change.
Accordingly they, through the Legislature, submitted to the
people propositions for the election by the people of the
counties of Sheriffs and District Attorneys who before that
time had been appointed by the Governor. These proposals
were ratified by the people and became part of the Constitution.
I have always thought the change a bad one. I think the Governor
likely to make quite as good if not a better choice of Sheriff