On 9 Aug. JA had been elected to represent Braintree in the convention called to frame a new state constitution (
Braintree Town Records
, p. 503). He attended the plenary sessions of that body in the First Church in Cambridge, 1–7 Sept., and presumably again from 28 Oct. to 11 Nov.— that is, throughout its second session, which ended two days before he sailed again for Europe. On 4 Sept. he was named one of a committee of thirty members to draft “a Declaration of Rights, and the Form of a Constitution,” to be laid before the Convention at its second session (Mass. Constitutional Convention, 1779–1780, Jour.
, p. 26). The payroll records of the Massachusetts Council indicate that he was paid £90 for twenty-five days' attendance at committee meetings between the first and second sessions (M-Ar
: vol. 170, fol. 413; vol. 171, fol. 20). JA told Edmund Jenings in a letter of 7 June 1780
: “I was by the Convention put upon the Committee—by the Committee upon the Subcommittee—and by the Subcommittee appointed a Sub Sub Committee—so that I had the honour to be principal Engineer” (Adams Papers
). He was in fact sole draftsman of the earliest form of the instrument which, after some revisions in committee and others in convention, none of them drastic, was adopted by the people in 1780 and is still in force as the organic law of the Commonwealth of Massachusetts, though amended from time to time by later constitutional conventions. With its simple but eloquent preamble on the principle of government by compact, its elevated Declaration of Rights, and its unprecedented clauses requiring state support for education and the encouragement of “literature and the sciences,” it is JA's chief monument as a political thinker. In editing his grandfather's writings CFA provided a carefully edited text of the Constitution of 1780, together with commentary and notes showing the modifications of the author's draft (so far as it was then possible to do so) through the point of its adoption by the Convention in its third session, Jan.–March 1780 (
, 4:213–267). Though JA's MS
appears to be irretrievably lost, copies of the 1779 printings annotated by members while the Convention was in progress have now come to light, and these will make possible a more complete and accurate presentation of the evolution of the text. See entry of 19 Dec.
, below, and note 1
Meanwhile, on 27 Sept. 1779, after “a great deal of disagreeable altercation and debate,” JA was elected by Congress, on the nomination of Henry Laurens, minister plenipotentiary to negotiate treaties of peace and commerce with Great Britain, and John Jay was elected minister to Spain, leaving Arthur Lee, who was persona non grata
to the French government, without a post (
, 15:1107–1113; John Fell, Diary, in Burnett, ed., Letters of Members
, 4:439, 449; see also p. 437–438, 442–450; Lovell to JA, 27
, 28 Sept. 
, Adams Papers
; Gerry to JA, 29 Sept.
, same; and Gérard, Despatches and Instructions
, p. 100–118, 893–898). Thus was settled an issue which had agitated Congress for months and of which perhaps the most lucid account is that by Burnett in his Continental Congress
, ch. 23. JA's commissions (dated 29 Sept.
) and his instructions (see below) were forwarded to him in a letter of 20 Oct.
from Samuel Huntington, who had replaced Jay as president of Congress upon the latter's appointment to Spain (Adams Papers
; printed in
, 7:119–120). The instructions, though dated 16 Oct.
, had been adopted by Congress as early as 14 Aug., and the French minister in Philadelphia had had a material part in framing them (
, 14:956–966; copied, together with the commissions, from the originals in the Adams Papers
, into JA's Autobiography at the beginning of its third and last section, entitled “Peace”). JA accepted his appointment in a letter to Huntington of 4 Nov.
, Adams Papers
; also copied into his Autobiography). Gérard and La Luzerne proposed that he take passage in the Sensible
, which was still in Boston Harbor, and gave orders to Capt. Chavagnes to that effect (La Luzerne to JA, 29 Sept. 1779
, Adams Papers
; copied into JA's Autobiography along with an
from La Luzerne to Chavagnes).