Thursday,] QUALIFICATION OF VOTERS, THE SENATE, &c. — HOOPER — WALKER — WILSON. Ordered, That the Committee to whom was referred so much of the Constitution as relates to the Judiciary, inquire into, and report upon, the expediency of so amending the Constitution as to provide, that whenever a vacancy shall occur on the bench of the Supreme Court, such vacancy shall be filled by an election at large, by the qualified voters in the State, for a term of years equi to the whole number of Judges in said Court, unless two or more vacancies shall occur in one and the same year-in that case the term of service for which each shall be elected, shall be specified by the Governor, when ordering the clection so that the term of service of no two shall expire in any one year, but that one shall be elected every year, when the seats of the present incumbents shall have been vacated; also that said Committee consider and report upon the expediency of electing the Chief Justice of the Court of Common Pleas, by an election at large by the qualified voters of the State, for a term of five years, and that the other Judges of the same Court, be elected by districts, into which the State shall be divided for that purpose, and for the election of Councillors; each Judge so elected to hold his office for five years, and no two to be elected in any one year, unless it shall be for the purpose of filling a va cancy. On motion by Mr. CUSHMAN, of Bernardston, Ordered, That the Committee which have under consideration the Council, &c., be directed to consider the expediency of so amending the Constitution, that the Council shall consist of five persons to be elected by the people in single Councillor districts; and that eight contiguous Senatorial districts shall constitute one Councillor district. Qualification of Voters. Mr. WALKER, of North Brookfield, from the Committee to whom was referred so much of the Constitution as relates to Qualification of Voters, and also the orders of the Convention of the 11th, 12th, and 16th instant, on the same subject; also the petitions of sundry persons that the word "male" be stricken from the Constitution; and also the orders of the 11th and 12th instant, concerning the freedom of the ballot, and its extension to all elections of county, town and city officers, reported the following resolutions. 1. Resolved, That the Constitution be so amended that the payment of a tax shall not be required as a qualification to vote in any election of governor, lieutenant-governor, senators, and representatives of this Commonwealth. 2. R volred, That the term of residence in a town or district, now required as a qualification to vote, be reduced from six to three months. 3. Revold, That, for the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the army or navy of the United States, or while navigating the waters of this State, or of the United States, or of the high seas, or while a member of any seminary of learning. 4. Resolved, That all ballots required by law to be given at any national, state, county, or municipal election, shall be deposited in scaled envelopes of uniform size and appearance, to be furnished by the Commonwealth. Excused from Serving. Mr. HALE, of Boston, asked to be excused from serving upon the Committee on the Report of Debates. The request was granted. Orders of the Day. On motion of Mr. GOURGAS, of Concord, the Convention procceded to the consideration of the Orders of the Day. The only business on the calendar was the Report of the Committee on the Frame of Government; that the name, "The Commonwealth of Massachusetts" ought to be retained. The Report was referred to the Committee of the Whole. The Orders of the Day being thus disposed of. Committee of the Whole, On motion, by Mr. THOMPSON, of Charlestown, the Convention resolved itself into Committee of the Whole, to consider the Report of the Committee on The Senate. Hon. MARCUS MORTON, of Taunton, in the Chair. The Report of the Committee on the Senate having been read, Mr. WILSON, of Natick, addressed the Committee. Having reported these resolutions, said Mr. W., by order of the Committee to whom so much of the Constitution as relates to the Senate was referred, I ask the indulgence of the Committee for a few moments, while I make a few explanations of the propositions contained in the Report. I shall endeavor to be very brief, in the first place, because I think it is not necessary to take up the time of the Committee in entering into the discussion of these matters, and in the next place, because I understand there is great anxiety manifested on the part of some members of the House of Representatives that the Convention shall get through as soon as possible, in order to allow that body to proceed with its business. [Laughter.] It will be perceived that the first resolution proposes that the number of senators shall be forty-the present number. Some members of the Committee would have preferred to increase the number to fifty. It was thought, however-and I believe the vote of the Committee upon that subject was unanimous-that we had better retain the present number of senators. It will be seen that the resolution also proposes that the senators shall be elected annually. The matter was discussed in the Committee, whether we should have annual elections of senators, or whether we should have double districts, and have the senators elected for two years, one half of [May 19th. them to be elected annually, so that we should have twenty old members always in the Senate. It was thought by members of the Committee that the experience of the past had proved that the people of the Commonwealth generally reclected a majority of the old members of the Senate, and t`at we had, taking one year with another, about half of the old senators re-elected, and it Was therefore unanimously voted by the Committee that we should have annual elections. It will be seen, also, that this resolution proposes that the Commonwealth shall be divided into single senatorial districts. The vote of the Committee upon this subject was nearly unanimous, and upon this point I think there can be no difference of opinion, and it was believed by the Committee, and I am of the opinion that it will be the judgment of the Commonwealth and the people of the State. It is proposed also that the Senate shall be based upon population. It was discussed in the Committee, whether the basis of representation should be population, polls, or legal voters, and after these propositions were fully considered for several hours by the members of the Committee, I believe they finally, by an almost unanimous vote, settled upon the proposition, that the basis should be that of as equal population as is practicable. In doing this, I think they were right. It was contended by some members of the Committee, and it may be that you will have the argument presented by some members of the Convention, that we should base the Senate upon the number of legal voters. The Committee, however, were of the opinion that, on the whole, it was best that the basis should be that of population. It may be objected, as for instance in the city of Lowell, where the females constitute so large a portion of her population, and in the city of Boston, and some large towns, where foreigners constitute so large a portion of the population, not having the privilege of voting, that the population should not be the basis of representation. I disagree with that view of the matter altogether. They have not, it is truc, the right of voting, but they should have the right of being represented fully in the legislature. Although they may not have the privilege of voting, yet they exert a moral and social influence in the affairs of life, and their voice should be regarded in those great political questions which come up for consideration, and it is important that they should be fully represented in both branches of this government, and any other basis which should recognize a different principle would excite, against the constitutional amendments, the prejudices, at least, of a large class of the foreign population of the State, who are hereafter to be with us and of us. The second Resolution proposes, to amend the Constitution of the Commonwealth, so that the meetings for the choice of senators shall be held on the Tuesday next after the first Monday of November, annually. We propose to change the day of the election from the second Monday to the Tuesday following the first Monday—that is, we propose to fix the day of the election on the same day with the presidential election. I suppose there can be no difference of opinion here with regard to the expediency of making this change. In 1848 and in 1852, the people were called out twice to vote within one week, and the great amount of time, labor and expense incurred in consequence of these frequent elections, Thursday,] we now propose to remedy. Besides, I would change the day for another reason. I think it much better that the day of election should be on Tuesday than on Monday, because a great many persons in this Commonwealth do not like to attend political meetings even on Saturday evenings. They do not wish to bring political meetings into the Sabbath, and every one knows, who has any experience in political affairs, that for a few hours preceding the election, there is generally much political excitement and discussion. By this change, Monday and Monday night can be devoted to the consideration of those political questions, which we must always take into consideration. This change, does not interfere with Saturday night or the Sabbath. The third Resolution proposes, that the Constitution shall be so altered or amended as that the Senate shall have power to adjourn, provided such adjournments do not exceed three days at a time. The Constitution now limits the adjournment to two days, and the Committee were unanimous in the opinion, that we had better make the time three days. The reasons which governed the Committee, I think, were these: many members of the Senate and the House of Representatives find it necessary to go home when the March meetings are held, and they must leave here on Friday afternoon or Saturday. If they are town officers, town clerks, members of the school committee, selectmen, or gentlemen taking any interest in the affairs of their towns, it is necessary that they should spend the whole day on Monday in their towns in local affairs, and they cannot be present in either branch of the legislature on Tuesday to attend to the public business, and thus a small portion of the two branches of the legislature are left here to transact the public business. It was, therefore, thought best, that the time for adjournment should be extended from two to three days, and I trust that the Convention will agree to this change. The fourth Resolution proposes, that it shall require a majority of the Senate, to transact the public business. The minority, however, can organize, adjourn from day to day, and compel the attendance of absent members. Sixteen members now constitute a quorum, and can transact the public business. I think this should not be so, and that it should require a majority of the Senate at least twenty-one members out of the forty-to transact the public business; and in this opinion the Committee were unanimously agreed. The fifth Resolution proposes, it will be perceived, to retain that provision of the Constitution which provides, that no person shall be elected as senator who has not been an inhabitant of the State for five years preceding his election; and it also provides, that he shall be a resident of the district from which he is chosen. I believe upon this point the Committee came to a unanimous conclusion, and I trust this Convention will make no change in this respect. It will be seen by the sixth Resolution, that the Committee propose to retain the eighth article of the second section of the first chapter of the Constitution, which provides, that the Senate shall try impeachments. This provision of the Constitution should be retained as it is.. Mr. BRADFORD, of Essex, moved that said Report be amended by striking out after the word "Resolved," in the first line thercof, and insert ing as follows:-That the second section of chapter one of part two, be amended as follows, viz.: by striking out the first, third, and fourth paragraphs of said section; also, by striking out the word "inhabitants," and inserting "ratable polls," in the first line of the second paragraph of said section; also, that said section be amended further by inserting as follows: Article 2. There shall be annually elected, by the inhabitants of this Commonwealth, who shall be legal voters thereof, qualified as in this Constitution is provided, a number of persons to be senators for the year ensuing their election, to be chosen for the districts into which the Commonwealth may be divided for that purpose, according to the plan and basis following: : At the time of each decennial period when the legislature shall divide the State into districts for the choice of representatives to the Congress of the United States, there shall be formed a number of senatorial districts, which shall be, in the whole, equal to four times the number of congressional districts; which senatorial districts shall be composed of contiguous territory, and shall each contain, as near as may be, an equal number of ratable polls. And there shall be elected in each of said districts, one senator, who shall be a legal voter of the Commonwealth, and a resident and a legal voter in the district for which he shall be chosen. And every person coming within these conditions shall be eligible to the office of senator. The general election for the choice of State officers shali be holden on the day now fixed, or which may be hereafter fixed for the election of President of the United States, and on the corresponding day of each year. Article 3. A majority of the whole number of senators of which, under the above provision, a full Senate shall consist, shall be a quorum for the transaction of business. But a less number shall have power to adjourn from day to day, and to another hour of the same day. Mr. BRADFORD said:-I offer this amendment, Sir, with the intention of following it up with further amendments, to complete the Report of the Committee relating to the Senate, in case it is accepted. The two items of difference between the Report and the amendment I offer, are substituting as the basis ratable polls instead of population, and requiring that the qualifications of senators shall be no more than those which pertain to every legal voter. These are the two particular points of difference. The second point of difference proceeds upon the idea, that there should be no difference between the citizen and the office holder. Upon this point I do not wish to say anything. Upon the other, in relation to the basis of ratable polls instead of population, I will only make a single remark. It does seem to me that the present basis of representation is so far equitable, and to be so generally acceptable, that no change is necessary. If the foreign population are to be represented, it does not seem to me that we can attain the object by making them merely the basis of representation, and not allow them the privilege of voting. One reason that influenced me in proposing the amendment, was to put whatever propositions there were before the Committee in a definite shape, so that when they were to be acted upon, they should be presented to the minds of the Convention as they should stand in the Constitution. Mr. WILSON, of Natick. I regret, Mr. Chairman, that my friend from Worcester, (Mr. Earle,) entertains such views of this question. I was in hopes that the gentleman thought as I did, [May 19th. that a man is a man, no matter where he was born or where he resides. I suppose the gentleman thinks if we change this basis of representation that it will make a great change in the elections of each district in the Commonwealth, but in this the gentleman is altogether mistaken. It makes scarcely any change. If you take the present senatorial districts as they now stand, it simply takes one senator from the County of Suffolk and gives him, by a fraction, to the County of Plymouth. I hold in my hands a statement made out by the Committee who had this subject under consideration, and who went into a close calculation in relation to the matter, but I do not wish to take up the time of the Convention by reading this paper unless it is called for. Whether we take as the basis the legal voters or the population, very little change will be made in regard to these senatorial districts, and gentlemen who will enter upon an examination will find this to be the case. Now I see no reason why the city of Lowell, because it happens to have 10,000 women, should be cut down in its senatorial representation. I see no reason, because the city of Boston has thirty, forty, or 50,000 foreign population, who have cast their lot in this country and who are hereafter to be with us and of us, why they should not be considered equal to the rest of our fellow citizens, in making the basis of representation. I believe, if this Convention undertakes to adopt any policy of that character, it will array against the acts of this body, at least the feelings of a large class of our population, which I do not wish to arouse, either in that class or in any other class of our fellow citizens. There is but one line of policy in my judgment to be pursued, and that is, to base the Senate upon single senatorial districts, of as equal population as is practicable, and upon contiguous territory. When that is done, I believe the people of this State will acquiesce in it by a voice approaching almost unanimity. Why should we make this distinction? It will change but very little these districts, and any other course will arouse the hostility of a considerable portion of our fellow citizens, who have not the right of voting, but who wish the right of being represented fairly and fully in the legislature of this Commonwealth. Upon political questions there may be differences of opinion, but upon nineteen out of twenty of the questions which come before the legislature of Massachusetts, your women, your foreign population, and your persons who cannot vote, have a deep and abiding personal interest. They have their business, their moral and religious relations, their social and educational relations, all to be regarded, and they influence and control their senators and representatives although they may not give their votes. I trust that this Convention will adopt no narrow and intolerant policy. In our earlier state constitutions, votes and votes alone were considered, but state after state has abandoned the idea of making polls or votes the basis of representation. Nearly all of the state constitutions have established population as the basis, and which I believe to be the only fair and liberal basis upon which to rest the representation of this Commonwealth. We propose that a senator shall be a resident of the district from which he is clected, that he may be known by the voters of his district, and represent their wishes and wants. I believe that to be sound policy. Upon the great questions of public policy a man might rep Thursday,] THE SENATE. — HOOPER — SIMONDS — BUTLER — GARDNER. voters, and not upon the extent of the population. This would be going back some half a century to believe that population is the only true and just basis of representation, and one which will give the highest satisfaction to all classes. It has been suggested that one of the objects of this Convention is to limit the influence of some of the large places by changing this very basis, but I hope that our action will not go to substantiate that allegation. resent a district, a town, and not be a resident there. Something would be gained if this policy was pursued in our congressional elections and somewhat was the basis of our first Constitution. I other elections, but in regard to local matters which come up for discussion in the Senate and House of Representatives, I believe that the representative should be a resident of the district from which he is elected; that he should know the people of his district personally, and come here to represent his people, and no other people. By so doing the whole people will be heard in this hall, and in no other way. I hope that this Committee and the Convention will stand by population as the basis of representation, and that they will not deny to the women and children. who congregate in our large manufacturing towns their full influence in the government of this Commonwealth, and that the foreign population of this State, who have come here from abroad, and who have cast their lot with us, and who mean in future to be with us, shall not be denied their fair and legitimate influence in the affairs of government. I think that such a policy would be regar led as a narrow and bigotted one, and, for one, I cannot support it. Mr. HOOPER. Having been a member of the Committee who made this Report, I wish simply to state some of the views which controlled my decision upon this matter. As has been stated, this question was thoroughly canvassed as to the effect it would have upon representation. There was one circumstance which has not been alluded to, and it is this, that the calculations which were made in the Committee were based upon the census of 1850, which does not at this time reprepresent the actual proportion between the poplation and legal voters, and which I presume will be found to be greatly diffrent from what it was in 1850. In the town which I have the honor to represent here, we have something like a thousand polls more than the legal voters, and I was informed within the last year, that there were about 600 applications for naturalization, and I believe about 300 actually obtained their papers. So the population which now live there is entirely different from what it was in 1850, and the probability is, that the foreign will continue to increase, and will most certainly do so, if population is made the basis of representation. By adopting such basis as this, we shall violate what I have supposed has always been considered as the lealing principle at the very foundation of our government, that representation and taxation should go together. What do gentlemen propose? That none but legal voters shall be reckoned as the basis of representation? Will they say that the remainder of the population shall be omitted in making up the taxes. It strikes me, that this would be a violation of the very principle which laid at the foundation of our Revolution. Here is a large class whom I contend are represented here, not directly by their votes, but by their natural privilèges, for I hold that the people include the whole population, and that those who are accustomed to exercise power, are the natural representatives of the foreign population, the husbands and guardians of the women and children, and therefore they have the right and authority to speak for them, and hence the people are represented and should be represented upon no other basis. It strikes me, that it would be unjust as well as impolitic to take a step backward, and base our representation upon the number of legal Mr. SIMONDS, of Bedford. The views which I entertain upon this subject may not be deemed of any great value by this Convent on, although I regard them as being of vital importance in the determination of this question. I am in favor and cordially approve of the principle contemplated by this amendment for a basis of repre-entation, and against that reported by the Comm'ttee. It is urged that the whole population s'ould be represented, by making the whole number a basis of apportionment for the Senate, instead of the whole number of qualified voters, because the rights of the non-voting class in a community is thereby secured by an equal proportion of population contained in each separate district. The conclusion from these premises, if correct in theory, is false in fact; for it does not follow, because they are a part of the measure for the quantity of a district, that they are in any sense a political exponent of any part of it. The result would be, that districts formed upon this principle in Boston, Lowell, and som› other localities would contain a much less proportion of voters to the whole number of population than they would in many others. Consequently, we have an unequal measure for a basis, which benefits no class of the community but the voters in those districts containing the least number qualiied to vote. This amendment would establish an equal measure for a basis, giving to each district an equal division of powers in the administration of the government. In the government under which we live, a certain class of the male population are deputed to hold and exercise sovereign power, which they derived from the compact voluntarily entered into by the whole num'er of persons composing the community before the organization of the government of this State; and afterwards incorporated into the Constitution under which we now exist. The Report does not propose to extend this fundamental principle by bringing in another class of persons to participate in the exercise of sovereignty, but the same class, modified by the circumstances of a greater or less number of the non-voting population. Who are to go to the polls to elect the Senator but the qualified voters in each district? Is it proposed to enlarge. the right of suffrage? No, Sir; neither is it proposed to change the responsibility of the support of the government in times of peace or war. Those who now represent the whole population, are to bear its burdens and enact the laws, not for a particular class, but for the whole community. The qualified voters are the true basis of government, and it ought to rest equally upon them. If females and aliens ought to be counted as a basis of representation, it would follow that they ought to share equally in the division of honors and burdens of government; they ought to be eligible to hold the offices, and subject to the active duties in support of the government. The [May 19th. basis proposed by this amendment being in accordance with the fundamental principle of the government, recognized by the wisest and purest advocates of freedom in every generation since the first settlement of the colonies upon the soil; where the people of this Commonwealth have | enjoyed the most liberal protection in the pursuit of the means of happiness and individual prosperity, under the laws that have been enacted upon this principle, is incontrovertible evidence in favor of the necessity of preserving this feature as the fundamental principle in the government for the benefit of generations to come. Mr. BUTLER, of Lowell. I would simply say, that in my judgment, this whole question is disposed of by a principle to which we should all agree, t'at there should be no taxation without a representation. We tax those who cannot votewe tax this alien population whom some of our friends do not wish to be represented at all, and then do we have a taxation wit out a representation? Does not the application of a well known and well settled principle settle this whole matter, that there must be some representation in | some form, if we are to have a government of those | wao pay the taxes? Let me not be misunderstood. I do not believe in founding a government upon property, and it seems to me, that either one of two things must be done; we must say to the alien population, or to those who have not yet ar| rived at the age of twenty-one years, that we will not tax them or allow them to be represented. I would have the basis of representation changed from a property basis to a more perfect popular basis, so that the whole body of the Commonwealth should be represented, and that obvious and just principle is population, in my estimation. I do not see, if the Committee agree to the propositions of the gentleman from Worcester, (Mr. Earle,) and the gentleman from Essex, (Mr. Bradford,) how that popular body, which we all agree should represent the State equally, shall be based upon anything else than the merest approach to the people, in any definition which can be given to that term. I trust that the Report of the Committee, which commends itself to my judgment, and will receive my vote, will commend itself to the judgment of those of more experience politically than myself, and whose opinions would be of more value. Mr. GARDNER, of Seekonk. I regret, Sir, to be compelled to differ from the opinion entertained by the Committee by whom this Report was made, and before the question is taken, I should like to hear the subject discusssed still more fully. It does seem to me, that the towns in the County of Bristol will not be fairly represented in the Senate, in case the Report of the Committee shall be adopted. There are in the County of Bristol nineteen towns, three of which have a large foreign population. Most of the other towns are agricultural town-, and have a population entirely different in its character from Fall River, Taunton and New Bedford. I ask the Committee, if this Report shall be adopted, whether such a basis as is recommended here will be just to the whole population of the County of Bristol, or in regard to that of the other counties of the Commonwealth. It seems to rae, that the inhabitants will be more equally and justly rep resented that the Constitution will be more republican in its character, provided the amendment offered here by the gentleman from Worcester, Thur-day,] THE SENATE. — HILLARD-WII SON-BRADFORD — GILES. (Mr. Earle,) shall be accepted instead of the Report of the Committee. I believe that taxation and representation will go hand in hand, provided the amendment which has been proposed by the gentleman from Worcester shall be accepted. At any rate, this is a subject upon which I have not had time to reflect, but it seems to me that the amendment should prevail, and that by its adoption we shall be likely to frame a Constitution which will be more acceptable to the people of the whole State; for I take it that whatever we do here, is to be submitted to the people; and if we intend to make such amendments to the Constitution as will commend themselves to the approbation of the people, we must do not only what will be gratifying to two or three or half a dozen large towns in the Commonwealth, but we must do that which will be just and equal to all the inhabitants of the State-to the inhabitants of the small as well as the large cities. I merely make these suggestions in the hope that other gentlemen who have considered this subject, will give us their views upon it more extensively than they have. Mr. HILLARD, of Boston. It seems to me that gentlemen who support this amendment, confound two things which are essentially distinct. One is the principle or basis of representation, and the other is the mode in which the representative is elected. A representative may represent more than one kind of constituency. He may represent a class. The representative peers of Scotland, in the English House of Lords, represent their own order, the peerage of Scotland, and are elected by them. In the House of Commons, the basis or principle of representation is territorial or local. A member is chosen for a county, city, or borough; and does not represent a certain number of constituents. The rules by which the right of voting is regulated vary in different places. But, in every case, the member chosen represents the whole territory for which he is chosen. Lord John Russell, for instance, represents the City of London, though a small portion, comparatively, of the inhabitants have the right to vote in elections of members of parliament. The argument, that a representative strictly represents only those who vote for him, is untenable; because, in the first place, in the most warmly contested elections not more than two-thirds of the voters vote; and often, not more than onehalf. But the representative represents those who did not vote, as well as those who did. In the second place, a representative may be elected by a very small majority. A thousand votes may be thrown against him, and a thousand and five in his favor. But the moment the election is over, he represents this minority who have voted against him and done all they could to prevent his election. In any event, we must come to the conclusion that a representative represents those who have not voted at all, and the minority who have voted against him. Is there any difficulty in the view that he represents the whole community? Again, the basis of representation is population; but a representative represents something more than numbers or individuals. He represents rights and interests. He represents a community who are entitled to protection in person and property. Their interests are numerous, complicated, and not easily defined. The voters are determined by a sharp line of division; all over twenty-one, vote; all under, do not. But there is no such rigid division in the whole aggregate of in Hampden, Suffolk, Essex, Middlesex, Worcester, Hampshire, 8,855. Hampden, 13,439 Franklin, Berkshire, 12,264 Mr. WILSON, of Natick. My friend from Worcester, seems to be of the opinion that I could not have reflected much upon this matter, if I entertain the views which I have expressed. I am a little surprised, Sir, that a gentleman so intelligent as my friend from Worcester, and so liberal in his views, should undertake, upon the floor of this Convention, to maintain the doctrine that he has asserted here to-day. Will the gentleman say, that the women of this Commonwealth, some of whom are now asking us to give them the right of suffrage, have no influence upon the public opinion in this State? Does he admit that his own wife does not influence his judgment upon many of the questions upon which he is called to act? He has the good fortune, Sir, to have a wife of uncommon intelligence, as I am happy to know; and I dare say that her opinions upon many moral and political questions, have influenced the gentleman in many of his political Dukes, I am not one of those, Sir, who expect to advocate the right of women to vote; but, one Nantucket, thing is certain, I could not make an argument against it; and I would like to see the man who could make such an argument. And, I go further. I believe that upon most of the questions that concern this Commonwealth and this country, they have their influence; and if they had also the right to vote, the country would be none the acts. worse. The foreign population is engaged in the business affairs of life, in our churches, and our schools, in the various pursuits of social life, and in every thing that is consistent with the duties of citizens, and they influence the opinions of their neighbors and friends. Sir, the honorable representative on this floor from Boston, if he be worthy of the seat he fills, will pay deference to the sentiments which come from that portion of the community who cannot vote, as well as that portion who can. Senators and represetatives in the legislature represent the whole people, and not the men only who can vote. They represent the women and children, and all the members of the community which go to make up the intelligent, and moral judgment of that community. Now, I hope we shall adopt here no narrow basis. We propose to base a representation in the Senate upon the population; and I hope we shall adhere to it. I trust we shall stand by the Report, and I have no doubt, that when we go out of doors we shall find the people of the Commonwealth will take a broad and liberal ground, and not undertake to narrow the basis. I rose chiefly to read the statement that is appended to the Report of the Committee. The Committee spent two days in investigating this thing. I will read it, and it will show one thing; that, if we abandon the plan pursued at present, and take the voters as our basis, there will be no great change, as will be seen by the following statement, which I will read to the Committee: Present Polls. Voters. Pop No. Suffolk, 5 50-100 4 95-100 5 99-100 6 Essex, 5 30-100 4 33-100 5 23-100 5 Middlesex, 6 49-100 6 3-100 6 39-100 6 Worcester, 5 65-100 5 59-100 5 19-100 5 Hampshire, 1 44-100 1 62-100 1 40-100 2 Norfolk, Bristol, Mr. BRADFORD, of Essex. I have not myself examined the statement which has just been read by the gentleman behind me, but it seems to me, from the figures that he has given us, and the observations made by him in relation to each county, that there is, in some counties, no difference at all in the result, and in others only a small fraction; it seems to me that this proves there is no great room to boast of liberality, or for the claim, that the report is to be prepared on the ground of presenting us a liberal basis. The foreign citizen, it is said, will feel injured by not being included in the basis of representation. It is said there is something illiberal and injurious in it. man. I think the foreign citizens of this Commonwealth and of the country, so far as I am acquainted with them, have too much sense to take the shadow for the substance. I do not quite understand the argument advanced by the gentleIt is a novel idea to me that persons are represented because they are made the basis of representation. Are the three millions of slaves at the South, because they are made the basis of representation in Congress, represented there? I cannot understand it so. I do not think it is so generally understood. I cannot understand how the basis of representation is to make a particular part of that basis represented. As to the narrowness, illiberality and bigotry of the two propositions, I am willing to leave them to speak for themselves. Mr. GILES, of Boston. There is one view that I think has not been stated in reference to this amendment. I am opposed to the amend ment. I think it wrong in principle, because, Sir, it places the government upon an artificial instead of a natural basis. I understand the word people, in the history of this country, to mean the inhabitants-all the inhabitants; and that the sovereignty resides in the inhabitants, and all the inhabitants of this Commonwealth. And by the voters I understand those of the body politic who are qualified according to the requisitions of your frame of government, and who are in that sense something more than inhabitants. Your Consti Thursday,] THE SENATE. — HILLARD — EARLE – HATHAWAY, tution says, a voter shall be a free, male, resident, tax payer; and that is a fundamental principle of your frame of government; but a frame of government is a thing that is made, and which does not exist naturally, as do the people. Now, Sir, the theory of government, as I understand it, in this country-the theory which my friend from Natick (Mr. Wilson,) recognized as the chief palladium of liberty-is this: the people have an organ, and that organ speaks and acts for them politically and legally, and is socially, politically and legally constituted. That organ is the voters. They speak and act for the inhabitants; it is the body of voters that speak and act for the body of inhabitants. It is said we are deputed to carry out the will of the people, constitutionally and legally expressed by their immediate organs, the voters. And what does the Act calling this Convention say? Was that Act proposed to the people-to the inhabitants? Not directly, but to the voters, the first organ of the people, and was approved by a majority of those who did vote; and the Act itself says, that such majorityvote shall be taken and deemed to be the will of the people, and therefore it is so, not because all the inhabitants willed it directly, but because they have willed it in accordance with the frame of our government, through their political organism, the voters. Now, as to this amendment, if you base your representation upon the voters, unless you strike off all qualification from the inhabitant, and make him a voter, you have got your government upon an artificial basis, instead of the basis upon which God placed it, and from which men never should remove it. It would be like setting a house upon its first story, instead of upon a solid foundation. The voter being a political creature for the purpose of government, may be altered from day to day, and from year to year, and the government, not being based upon the people, but upon the voter, may take the shape and color of the chameleon, according to the dominant power of the government. We may have a Convention as well as a legislature, and may alter our frame of government as well as our laws; for I hold that this power to make a Constitution, or to alter and revise the Constitution, is not only the people's right, but their inalienable right-a right of which the people cannot divest themselves if they would. All my difficulty with the amendment, is precisely here; it is placing the whole superstructure of government upon a political device, and making the whole thing artificial. I agree with the sentiment uttered by the chairman of the Committee, that, in your representation, you want the local men and local sentiment to make your laws, that your laws may have the support of popular men and popular sentiment, which is the vitality of law in our form of government. It will then represent the reason, the conscience, the patriotism, and the enthusiasm of the people, and these together will always command the physical force, which is the working point of every law, when resisted. Now, that a foreign population should not come in and control the native population, I agree; that the female part of the inhabitants should not control the male, I agree; that the minors, the prisoners, the aliens, and the inhabitants upon locations under the jurisdiction of another government should not be legally clothed with the qualifications and powers appertaining to the yeomanry, the bone, muscle and sinew of the Mr. HILLARD, of Boston. The gentleman Mr. KINSMAN, of Newburyport, asked for the reading of the amendment, and it was accordingly read by the Secretary. Mr. EARLE, of Worcester. It appears to me that gentlemen who have taken part in this discussion, have not observed the distinction which exists between the rights of corporations, and the people themselves. Now, the right of representation which is based upon taxation, does not apply to individuals. There is no such application of the principle in our own government. It is a principle that is adopted in relation to communities, that you shall not tax a community without giving that community a right of representation in [May 19th. some way that may be fixed by law. Gentlemen say that they will not allow the area of territory and the population to control the election of representatives; they will not allow the women, children and minors to control the election of representatives. Ah! are they going to control the elections if it is given into the hands of the people. If they control it against those who now vote, then the whole people do not govern. Now, if we are to have something different, by which the people are to control the elections, it is tantamount to saying the people have not the actual sovereignty, though nominally they have; and when gentlemen talk about an artificial basis I say that the artificial basis is that which now prevails. The whole thing is artificial. Here one-fourth of the population, according to the gentlemen's argument, are disfranchised; and they say also that the men whom they elect will vote differently. Is this democratic representation? If so, then I have not learned democracy and republicanism aright; I have been to the wrong school all my life. [A laugh.] As I said, I did not get up to enter at length into a discussion on this subject. I have heard a great many sentiments advanced and received with much approbation, from which, gentlemen at another time would shrink with horror; and I expect to see the day when those who elect representatives shall be entitled to equal privileges; and when one man's vote shall not counterbalance the votes of three or four others, because he happens to live on one side of an artificial line; and when my friend talks about the slaves of the South being represented in congress, it seems to me he does not clearly understand what he is saying. If he does, I admit he takes a view very different from mine. I should like to hear him explain, and if he can show that the slaves are represented on the floor of congress, save me, I say, from representation anywhere and everywhere. [Laughter.] Mr. HATHAWAY, of Freetown. I did not expect that this debate would come up this afternoon. I came here, therefore, totally unprepared to discuss the matter now before the Convention. I do not know precisely what portion of the present Constitution the amendment proposed by the gentleman from Essex covers. He has made his references, but I confess I am not yet informed precisely to what particular part the amendment is to be applied. There is one portion of the amendment, however, that I do understand. It is that portion that applies to the amendment of the Resolutions that were reported from the Committee, for the purpose of striking out the word "population" and inserting the words "legal voters." That portion of the amendment I do understand, and I understand its application. This debate has come up unexpectedly, as I said before, and I did not intend to discuss it; but whether prepared or unprepared, the question is here and is to be met; if the proposition of the gentleman from Essex be wrong, then no doubt it will be rejected; if it be right, I have that high opinion of this Convention that they will amend the Resolutions, and incorporate the words legal voters instead of population, basing the representation in the Senate upon the legal voters, instead of basing it upon the people of the scveral districts. Sir, much has been said in reference to the foreign population. Perhaps my sympathies will go |