On Display in the State Library

This month, we’re displaying a broadside of a proclamation that was issued on August 29, 1780 and called for a special session of the Great and General Court or Assembly of the state of Massachusetts-Bay to convene on September 8, 1780. The General Court had been prorogued (or deferred) from July until September 13 but were called back to an earlier session because, as stated in the proclamation, “such intelligence has been received, and of such an important nature, as renders necessary that the said Court should be called together sooner than the time to which it stands prorogued.” 

There was a lot going on in Massachusetts in the fall of 1780. While the Revolutionary War continued on, Massachusetts was in the final stages of establishing its constitution. In 1779, town delegates participated in a constitutional convention, which resulted in a draft written by John Adams. The Massachusetts Constitution was ratified in June of 1780 and became effective on October 25. When this proclamation was issued on August 29, the state was less than two months away from having its constitution in place. Once the constitution was effective, John Hancock was elected the first Governor of Massachusetts, and the legislative branch was formally established with a House of Representatives and Senate – 242 years ago this month!

A quick way to identify this proclamation as dating to prior to the establishment of the state constitution is that it addresses the “Great and General Court,” terminology that was changed to the Massachusetts General Court after October 25, 1780. The General Court was and is the name given to Massachusetts state legislature – with the Senate as the upper house and the House of Representatives as the lower body. But the colonial legislature in place prior to the establishment of the constitution can be a little confusing, so an abridged version follows. The Province of Massachusetts Bay had a royal governor until 1775, the last of which was Thomas Gage, who was recalled amid the rising tensions of the Revolutionary War. From that point until 1780, Massachusetts was run by a Provincial Congress, without a governor or lieutenant governor in office. This proclamation falls at the very end of that political period. It refers to the Great and General court, or Assembly, which would be the equivalent of the lower house. But it is also important to note that the proclamation was issued on order of the Council, which was a group of individuals who were elected from the General Court and served as executives in the absence of a governor. If you look closely at the proclamation, you can see that it was issued in the Council Chamber of what is now known of as the Old State House, but in 1780 it was the seat of state government, housing the Council Chamber, the Supreme Judicial Court, and the space where the Assembly met. 

And now a note on the condition of this item, since it needed a bit of preservation attention before it was ready for display. We could tell by looking at it that there were lost fibers in the bottom portion, making it thinner and a bit fragile. As such, it had previously been stabilized by housing it between two pieces of archivally sound plastic sheets that were held together with double-sided tape. Though it was securely in place, we remove this type of enclosure because if the item shifts at all, it runs the risk of coming in contact with the tape. Before going on display, it was removed from the old enclosure and once it is off of display, we will make a new enclosure for it using Mylar sheets and our encapsulator, which makes a seal using heat rather than adhesive. Once it was out of its plastic enclosure, we were able to determine that there was a fair amount of dirt on the bottom portion. Since it was weak in that spot, we very gently cleaned it without causing any tears. In the image to the left, the “before” is on the top and the “after” is on the bottom.

With a little bit of care, this 242-year-old document was ready for display! Visit us throughout the month of October to see it on display in our main reading room.

Elizabeth Roscio
Preservation Librarian

Researching Early (Legal) Name Changes in Massachusetts

A page from the 1905 Acts and Resolves 

listing the name changes that occurred

in Essex and Franklin counties during

the year 1904. 

Everyone has the right to legally go by the name of their choice, as long as it is not done for illegal or fraudulent purposes.  Today, the procedure for changing your name in Massachusetts includes filling out a form (petition), and filing the petition with your county’s Probate and Family Court (or the Juvenile Court for minors).  For more information, visit: http://www.mass.gov/courts/selfhelp/name-changes/

Prior to 1852, if an individual wanted to change their name, he or she had to submit a petition to the General Court; once approved, the petitions were subsequently published as special acts of the legislature.  Such special acts can be helpful to researchers and genealogists who are trying to track down the original name of a person, the name they legally adopted, when the person initiated the change, and in what city they were residing at the time.  Not too long ago it was discovered that the Gloucester painter formerly known incorrectly as “Fitz Hugh Lane” had actually adopted and used the name “Fitz Henry Lane” in his lifetime, as recorded in Chapter 124 of the Acts of 1832.  Such special acts containing name changes can be found, either by browsing or using a keyword search, in the library’s acts database-- which covers the years 1692 through 2010: http://archives.lib.state.ma.us/handle/123456789/2

An 1835 pencil drawing of Fitz Henry Lane
by Robert Cooke.  Three years earlier Lane was
known by his birth name Nathaniel Rogers
Lane. By Robert Cooke (American
Antiquarian Society, Worcester, Mass.)
 [Public domain], via Wikimedia Commons.

Another great resource collated and published by the Secretary of the Commonwealth back in 1893 is the book List of Persons Whose Names Have Been Changed in Massachusetts: 1780-1892.  Unlike the acts database, it also includes data from the annual name change returns submitted to the Secretary by the county probate courts.  An online version of this book is also viewable and downloadable through HathiTrust.org.

If you are looking for information after 1892, annual lists of name changes can also be found in the Acts and Resolves volumes from 1853 through 1913; these volumes have been digitized and can be accessed via the library’s website. 

Original petitions submitted to the legislature that were and were not approved can be found at the Massachusetts State Archives.





Kaitlin Connolly
Reference Department

President –Elect John F. Kennedy addresses the Massachusetts General Court

On November 8th, 1960, Massachusetts’ favorite son, Senator John Fitzgerald Kennedy, was elected to the Presidency.  Elected at the age of just forty-three, he was the youngest man elected to that office.

A highlight of his career, perhaps most importantly for those in Massachusetts was his speech here in the Massachusetts State House, delivered on January 9th, 1961. Kennedy's speech as president-elect was delivered “To a Joint Convention of the Two Houses of the General Court of Massachusetts.”  He spoke here just ten days before his inauguration and the address has come to be known as "The City Upon the Hill" address.

The eloquent speech contains mention of Kennedy’s appreciation of history and of government. It also shines throughout with his love for this state, the state of his birth.   He notes that:

                For forty-three years---- whether I was in London, Washington, the South Pacific or elsewhere this has been my home: and, God willing, wherever I serve, this shall remain my home.

Reading this speech now captures the excitement of the times and the great hope Kennedy’s Massachusetts supporters had for their favorite son. The ending notes the profound future role for the President-elect:

       I ask for your help and your prayers, as I embark on this new and solemn journey.      

The speech is House Bill No. 2660  of 1961 located in the State Library. The text is scanned and available here.

The John F. Kennedy Presidential Library and Museum has a recording of the speech.

Please visit the State Library to find a large collection of materials about John F. Kennedy  and the Kennedy family.   We are located in Room 341 of the State House.  Please view our website at
www.mass.gov/lib.

Pamela W. Schofield
Legislative Reference Librarian
State Library of Massachusetts

Item of the Month for April 2013 - Questions and Answers on Legislative History

Senate                                                                        House

 
Lawmakers in the Commonwealth, members of the Massachusetts General Court, make the laws in the state. The Senate and House chambers (above) are where much of the legislative process happens. All proposed laws, whether they are or are not enacted can be researched in the State Library which is, of course, located in the State House.

In the course of any day in the library, there are inquiries about conducting legislative history. The wish to find this history is one of the major reasons for a visit to the library, be it a visit in person or by online inquiry. Reference staff help with inquiries of all kinds about the process and are often in receipt of questions such as the following:

1. What is Massachusetts legislative history?

It is the process of following a legislative petition (bill) to its enactment or to its failure.

2. What is the name of the Massachusetts legislative branch and how many legislators are there?

The General Court- there are 160 members of the House, 40 of the Senate. All are elected every two years.

3. There is a source which compiles legislative history for federal laws- "United States Congressional and Administrative News". Is there such a source for Massachusetts laws?

No, one must actually compile the history from scratch.

4. What are some official sources used in the library to conduct legislative history?

• Legislative petitions or bills
• House and Senate Journals
• Massachusetts General Laws
• Legislative Record or Index
• Bulletins of Committee Work
• Massachusetts Acts and Resolves

5. What is the difference between “chapters” of the Massachusetts General Laws and “chapters” of the Acts and Resolves?

The General Laws are organized into chapters representing overall subject areas. These chapters may be comprised of many different years’ Acts and Resolves. The Acts and Resolves are comprised of laws signed each year and the “chapter” numbers are assigned chronologically, determined merely by the date they are signed into law by the Governor.

6. How are the “general laws” updated?

These are updated when the legislature passes “acts” or “chapters” as mentioned above.

7. What are the compilations of the General Laws called? 

There are 3 compilations of the Massachusetts laws. The official set, published every two years, is updated with supplements. It is called General Laws of Massachusetts and is updated with supplements and Interim supplements. 

The two privately published sets- Massachusetts General Laws Annotated and the Annotated Laws of Massachusetts are updated with annual pocket parts and interim supplements.

8. How soon after the Governor signs a bill into law does it become effective?

Most become effective after 90 days. These 90 days include holidays and weekends. Some acts, become effective immediately and there will be wording saying: "This act shall take effect upon its passage". 

9. What is a “carryover provision” and does Massachusetts have it?

This provision allows a bill introduced in the first year of each two year legislative session which does not pass (elections are held in even years and the sessions are two years beginning in the January after the election) to be considered in the second year.

Before a rules change in 1994, a bill not passed in the first year would “die” and have to be reintroduced the next year and assigned a different number. The “rules change” allowed for a “carryover provision.”

10. What does “engrossment” mean?

Once both branches of the legislature have passed a bill, it goes to the Engrossing Division and is typed on special paper for a final vote enacting it.

 

Pamela Schofield
Legislative Reference Librarian

African Americans in the Massachusetts Legislature Exhibit Now on Flickr

In the winter of 2009 the State Library displayed an exhibit called "African Americans in the Massachusetts Legislature." This exhibit is now available to view online as a set of images on the State Library's Flickr site.

The exhibit documented the lives and contributions of noteworthy people who have served the General Court of the Commonwealth and changed Massachusetts history. Legislators highlighted include Lewis Hayden, Royal Bolling, Sr., Royal Bolling, Jr., Bill Owens, Shirley Owens-Hicks and Mel King, among others.

Please visit the State Library (State House - Room 341) Monday through Friday, 9am to 5 pm to view the library's current exhibit, "Worcester: Heart of the Commonwealth," open though January 27, 2012.

- The Marketing Committee

Brown Bag on the Massachusetts General Court

Join us for a Brown Bag Lunch
On Thursday May 19th 2011
State Library of Massachusetts
Room 442 State House
12 until 1:30 PM
Bring your lunch and join us to hear Neil Savage, historian and author, speak about the Massachusetts legislature. He will focus on the origination of the Great and General Court of the Governor and the Company At the Massachusetts Bay in New England. His presentation will also include discussion of significant legislation and about some outstanding members.
To register, RSVP to: http://www.surveymonkey.com/s/6CJMJTV
You may also let us know you will attend by calling the Reference Department at 617-727-2590 or e-mailing to reference.department@state.ma.us
Sponsored by the Friends of the State Library

Future Brown Bags will include:
June 14th, 2011- Michael Widmer, President, The Massachusetts Taxpayers Association
July 14th, 2011- Sean Murphy, reporter, Boston Globe, professor, Suffolk University
August 11th, 2011, Dr. John Warner, Archivist of the Commonwealth, Massachusetts State Archives
September, 2011, Noah Berger, Massachusetts Budget and Policy Center, (date to be announced)
October, 2011, Celia Wcislo, The Commonwealth Connector, (date to be announced)