The plan was submitted
to the people again with a proposition that the choice of
delegates to the Constitutional Convention should be by secret
ballot. The people approved the plan by a substantial majority.
I have no doubt that the pledge above mentioned was made in
good faith and that the men who made it meant to keep it.
But before the Convention met two things happened which changed
the conditions. The coalition was wrecked. There were two
causes for its overthrow. One of them was the appointment
by Governor Boutwell of Caleb Cushing to a seat on the Supreme
Bench of Massachusetts. General Cushing was a man of great
accomplishment, though never a great lawyer. He could collect
with wonderful industry all the facts bearing on any historic
question and everything that had been said on either side
of any question of law. But he never had a gift of cogent
argument that would convince any judge or jury. He owed
his success in life largely to the personal favor of men who
knew him and were charmed by his agreeable quality. He was
regarded by the people of Massachusetts as a man without moral
convictions and as utterly subservient to the slave power.
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