(May 28th.

suing we shall not terminate this debate in any reasonable time. I have listened with a great deal of interest to the discussion which has taken place upon this and upon other questions. We have had already forty-two speeches upon the subject which was last before this Committee and it yet remains undecided. I have no desire to restrict any reasonable debate upon any question, but I submit to the members of the Convention whether it is not expedient that gentlemen should restrict themselves to as brief a period as possible in their remarks. I would also suggest to members of committees that they should refrain from introducing amendments to the Constitution except where they shall seem absolutely necessary.

Now the point I am coming at is this, that the amendment now under consideration was not called for by the people. I hope, therefore, we shall not consume more of the time of the Convention in discussing an amendment which was not expected by the people, and which no one heard of here, until it was introduced by this Committee. I think the people are willing to leave the matter to themselves with regard to the selection of a candidate for governor without any further restrictions from the Constitution. I do not think it is necessary to provide in the Constitution that the governor shall be a citizen of the State of Massachusetts or of the United States, and I therefore doubt the expediency of adopting the resolve. The gentleman from Pittsfield, (Mr. Briggs,) has remarked that the people would judge for themselves in relation to this matter, and decide it for themselves. Why, Mr. Chairman, I do not understand that the people will have an opportunity of expressing their opinions upon this provision separately at all. There is the difficulty, and it is for this reason that we should be very careful about sending out in these proposed amendments propositions which we do not ourselves thoroughly approve.

Now I like the proposition of the gentleman from Essex, to make the only qualification for governor, that required for a legal voter. But I should like better still to leave the whole matter to the people without restriction, and to let them select whom they please for governor. And I think it would be just as well to limit the term of residence to a shorter period than seven years if any limit is to be fixed at all. I hope, therefore, Mr. Chairman, that the first resolution which is now before the Commitee will be rejected. I can see no necessity for fixing the qualification for governor at all, and if that of citizen of the United States or citizen of Massachusetts is fixed, we shall have difficulty in future in determining who are citizens of the United States and who are citizens of Massachusetts.

Mr. HOPKINSON, of Boston. I desire to say a word before this discussion closes, in relation to one or two matters, upon which I take a greater degree of interest from the fact that I was a member of the Committee which reported these resolves. In relation to this matter of the rights of women, which has been alluded to, I wish to say that the Committee were not altogether forgetful of their rights. The matter was discussed in our Committee, and inasmuch as we reported no restriction upon their eligibility to office, gentlemen can draw their own inference as to our opinion upon the subject.

But the question I wish to discuss is this : Is there anything in the way of adopting the re

striction reported by the Committee in these the office. For instance, a man, who, through
resolves, that the governor shall be a citizen of the carelessness, may have omitted temporarily to pay
United States ? I maintain that there is nothing. his taxes, would not be admitted as a legal voter.
Without attempting to go into any complex or It is true, we cannot now foretell what the
nice distinctions as to the matter of citizenship, I qualifications of legal voters may be when we
imagine that a general definition is easily given, come to settle that question, but it seems to me
and I will endeavor to give one which I think that there are many ways in which a man may,
will include almost every case. In the first place through çarelessness, disqualify himself as a legal
all who were living within the limits of the Unit- voter, when he would in every respect be a suitable
ed States at the time the government was formed, person for governor.
were necessarily citizens, because the people at *As to paupers, lunatics, or women being made
that time formed themselves into a nation, ineligible to the office of governor, I agree per-
by common consent, and of course made them- fectly, with my friend from Taunton, (Mr. Mor-
selves citizens. In the next place all who were ton,) that it is not a matter of sufficient importance
residents of the United States at a certain speci- to make it worth the while of the Convention to
fied time are citizens. These are made so by a consider it, and especially, to impose any restric-
general law of congress declaring them citizens. tion in the Constitution to the eligibility of such
In the third place, by what I believe is a univer- persons to the office of governor.
sal law, natives of any country are citizens of that Mr. LIVERMORE, of Cambridge. Mr. Chair-
country. So far then there can be no difficulty man, no man in this Convention has undertaken,
in ascertaining who are citizens. Further than specifically and definitely to define what is a
this, in pursuance of the Constitution of the citizen of Massachusetts, or, what is a citizen of
United States, and in pursuance of law, there are the United States. At least, that question has not
certain ways by which other persons—foreign- been definitely settled, and it seems to me that in
ers-may become citizens of the United States. either case, if such a restriction is placed in the
All persons, then, who are citizens of the United Constitution of the State, it may give rise to diffi-
States belong to some of these descriptions of per- culty. Where, ti en, is the necessity of placing
sons, and there can be no difficulty in relation to in the Constitution terms which admit of the least
the matter except it may be in regard to those ambiguity? Why not make the restriction one
foreigners who may have become naturalized. which every-body can understand? Why not

But, suppose you adopt the amendment which make the restriction, that of a legal voter of the
has been offered, and declare that citizenship of Commonwealth ? I cannot understand the per-
Massachusetts shall become the qualification. tinacity with which gentlemen hold on to those
Now, let us sec, who are citizens of Massachu- words “citizen of Massachusetts," or, “citizen
setts, and you must adopt in general the same of the United States," when their adoption may
rules which apply to citizens of the United States. lead to endless difficulty. It seems to me, we had
In the first place, those who were residents of the better adopt the plainest language possible.
State at the time her government was formed, Now, Sir, I do not think the chances of men
were citizens from necessity. Those who are na- disqualifying themselves from becoming voters,
tives, by universal law, are citizens. But, inas- who are very likely to be candidates for governor,
much as Massachusetts never had any naturaliza- are very strong. I know such things have hap-
tion laws, I do not think any person can become a pened. I know, some years ago, two gentlemen
citizen of Massachusetts who was not born there, who had omitted to have their names placed upon
unless he comes in under the general laws of the the voting list, were considered as disqualified
State, and my impression is, that no foreigner can from voting, and were excluded from the polls,
become a citizen of Massachusetts unless he comes and that a certain gentleman was made governor
in under the general naturalization laws of the by that means. But, I think, if a man is to lose
United States.

his qualification for office, in consequence of not Now, I propose to give an opinion, such as it is, having paid his taxes, it is a very easy matter for upon a subject which has been somewhat mooted him to go and pay them. I am sure the thing in the Convention, and especially by the gentle- can be got at very easily in some way, and the man who spoke from the gallery, Wr. Whitney). question of, who are legal voters, is one which can I have no manner of doubt that an African, born be very easily settled. in the United States, and born to servitude, when Now, if the amendment pending is voted down, he becomes manumitted, and comes to Massachu- I propose to offer one making that of legal voter setts, is a citizen of the United States, might be- the only restriction. I do not think any restriccome a voter in Massachusetts, and is entitled to tion with reference to the age of the person at all all the privileges of a citizen of the United States. necessary. I think the gentleman for WilbraSuch a thing was never heard of in our courts as ham, (Mr. Hallett,) is quite right when he says to inquire whether a man had labored for hire, or there should be no restriction with regard to the whether he had labored by compulsion, in de- age. I think that gentleman was quite as comtermining whether he was a citizen of the United petent to have been governor some twenty years States or not. I have no manner of doubt in ago as he is now. [Laughter.] The first time I relation to the matter. It may be rash for me to had the honor of meeting him was in 1829, at a give an opinion, where my friend upon my left, festival given in honor of the birth-day of Henry (Mr. Morton,) had hesitated to give one, but, I Clay. He was the prominent man upon that ochave no manner of doubt. It appears to me casion, and I should have been very happy, at that therefore, that no difficulty in relation to the time, to have voted for him for governor of the matter should arise upon that ground.

Commonwealth. I think, however, that any reMy impression, in relation to the qualification striction as to age is entirely unnecessary, and I being fixed as that of a legal voter, is, that it may shall oppose any such provision being placed in give rise to difficulty, and that persons may be ex- the Constitution. cluded who are in every y suitable persons for

Mr. HALLETT. I should like to inquire of the !


[May 28th.


gentleman, if he will permit me, where that festival was held, at which he speaks of my being present?

Mr. LIVERMORE. In the town of Pawtucket.

Mr. ILALLETT. I have no recollection of any such occurrence.

Mr. MORTON, of Taunton. I think the gentleman misunderstood me when he alludal to the instance which I mentioned of a candidate for governor being disqualified on account of not being a legal voter. The in-tance to which I alluded was one which came within my personal knowledge, where a most distinguished and respectable citizen of this Commonwealth way regularly nominated and voted for by a party for governor, but it was afterwards ascertained that he was not a legal voter because, by accident, a year or two before, he had omitted to pay his taxes. Now, I do not want to exclude such a man from being eligible to the office of governor. I do not think that is a restriction which it is wise for us to impose, because a man may in a dozen ways, through more accident, disqualify himself for being a legal voter, who is in every way a suitable person for the office of governor.

Mr. GOOCH, of Melrose. I should like to ask some of those gentlemen who desire to have the restriction of legal voters placed in the ('onstitution, to define who are legal voters. The Constitution now prescribes that a legal voter shall be a citizen of the State of Massachusetts, so that if there be any difficulty in defining who are citizens of Massachusetts, the same difficulty will be involved in this case; because it must first be ascertained that a man is a citizen of Massachusetts before he can be a legal voter.

We know, when we say that a person in order to be eligible to the office of governor of this Commonwealth shall be a citizen, what that

I do not understand that the term “citizen" is defined in the Constitution of the United States ; but as I said before, I do think it should be defined in the Constitution of every State. I hope, as I said before, that the amendment proposed by the gentleman from Taunton, (Mr. Morton,) will prevail, and I hope that this Convention will go further and define the term "citizen" in the Constitution itself, and then the whole question which we have been discussing this morning will be settled, and every man will know who is a citizen of Massachusetts.

Mr. WILSON, of Natiek. The gentleman says that in order to become legal voters, persons must be citizens, and of course all citizens may be legal voters.

Mr. HOPKINSON. I do not mean to be so understood. I said that men in order to be voters must be citizens, and in order to settle the question who a voter is, you must go back and decide the question whether or no he is a citizen, because his right to vote rests upon his citizenship.

Mr. WILSON. I do not wish to detain the Committee, but I simply wish to say, that I hope the Convention will concur in the proposition made by the gentleman from Taunton, (Mr. Morton,) and make the qualification that of a citizen of Massachusetts. The gentleman for Wilbraham, (Mr. Hallett,) says, that it enlarges it by saying citizen of the United States. I do not understand how that can be so. I understood the gentleman from Boston, (Mr. Hopkinson,)

who addressed the Committee, to say when Jr. IIOOD, of Lynn, moved that the resolution
he fir-t occupied the floor, that a citizen of the be indefinitely postponed.
United States was necessarily a citizen of Massa- The (ILAIRMAX. That is a motion which

cannot be entertained.
Mr. IIOPKINSOX. If a re-ident here.

Mr. (IIURCHILL, of Milton, moved to amend Jr. WILSOX. But he would not say that a by providing "tat no person shall be eligible to citizen of Massachusetts was nece-sarily a citizen the office of governor who shall not have attained of the United States. That is the very point the age of twenty-five years." about which some of us had doubts, and that is This que-tion was taken, and the motion was t'e reason why I have raised this question. I not a reed to. believe, myself, fully, in the dirlaration made by Mr. HOOD, of Lynn, moved to amend by inthe gentleman for Wilbra'lam, (Mr. ILillett,)

serting the word "in" before the word “exthat a citiren of the l'nited States is a citizen of pedient.” (Laug!.ter.] Massachusett«, and that a citizen of Massachusetts The question was taken, and the motion was is necezarily a citizen of the l'nited States. But not agreed to. there are some persons who entertain doubts upon There being no further amendments, and the this point, and I think, in making a ('onstitution question being upon the adoption of the first for Massachusetts, we had better insert the term resolve, as amended, it was taken and decided in “ citizen of the Commonwealth of Massachusetts," the affirmative. than inscrt "citizen of the United States." I

The second, third, and fourth resolves were t'hink that this mode of expression would be a

then read, and there being no amendments, were more proper and fitting one. I agree with the agreed to. gentleman from Boston in another declaration. Mr. WILSON, of Vatick. I desire to offer an He spoke about having kind and paternal feelings additional resolution :towards the general government. I apprehend that there is but one sentiment in regard to that Resolred, That it is proper and expedient to matter, and nobody here wishes to raise any issues

alter or amend article 1, section 1, chapter 2, of of that sort, but it seems to me more proper and

the t'onstitution by striking out the words “and

whose title shall be His Excellency.”
fitting that we should employ the term “ citizen
of Massachusetts" rather than "citizen of the
United States," because we all know that a citizen

The CIIAIRMAN. I would observe to the of the t'nited States is necessarily a citizen of

gentleman that the Committee have reported only

in part, and I do not think that the gentleman's Massachusetts,

motion can be entertained at this time, as the The question was then taken upon the motion

Committee to whom the matter was referred has by the gentleman from Taunton, (Mr. Morton,) to strike out the words “ l'nited States," and

not reported upon the subject. insert “ Massachusetts," and it was decided in

Mr. BUTLER, of Lowell. I would inquire if the affirmative.

it is in order to amend the Report of the CommitMr. SUMNER, for Otis. I rise simply for the

tee by substituting another resolution. purpose of moving to amend this resolve by

The CHAIRMAN. A subject which has not striking out after the word “governor” all that

been referred to the Committee of the Whole by part which reads "nor shall any person be eligi

the Convention, cannot be entertained. ble to that office who shall not have attained

Mr. BUTLER moved that the Committee rise to the age of thirty years."

and report the resolution, as amended, to the I submit, that no reason whatever has been

Convention. shown for the restriction contained in the latter

The question was taken, and it was decided in part of this resolve. If there is any good and

the affirmative.
sufficient reason for such a restriction, I appre-
hend, the Committee, as they had it in their

power, would have submitted it upon the present- The PRESIDENT having resumed the Chair,
ation of the Report. We know it is a matter of

the Chairman reported that the Committee had history that there have been instances where had the resolves in relation to the governor under persons have actually acted in the capacity of

consideration, and that they had instructed him chief magistrate of a State, who were not only

to report the same back to the Convention, with under the age of thirty years, but under the age

certain amendments.
of twenty-one. I do not know that the people
have ever elected a minor to the office of governor,

The question then being upon agreeing to the but it is well known, that in Michigan, while it

amendments reported by the Committee of the was a territory, that a gentleman who was a minor

Whole, it was taken and decided in the affirmaunder the age of twenty-one, was the acting

tive. So the Report of the Committee, as amended,

was agreed to.
governor there, and that, in point of efficiency,
talent and capacity to meet the responsibilities

Mr. HOPKINSON. I rise to make a motion, devolving upon him, he would not suffer in com

at the suggestion of a very experienced and comparison with any other chief magistrate in the

petent gentleman, which appears to me to have Union I submit that there is no reason whatever

great force, that in the final action of this house for a restriction such as gentlemen are attempting

upon any matter in which we propose to amend to place upon the eligibility of persons to the

the fundamental law of the land, the vote shall office of chief magistrate of this Common

be taken by yeas and nays. wealth.

The PRESIDENT. The question now is upon The question was taken upon Mr. Sumner's

ordering the resolves to a second reading, and motion, and it was agreed to.

does not involve final action upon them. The question then recurring upon the resolve

The resolves, as amended, were ordered to a as amended,

second reading.




[May 28th.

The Council. Mr. HALLETT, from the Committee to whom was referred so much of the Constitution as relates to the Council, made the following Report:

That the Committee, in recommending the abolition of the Council and the distribution of its powers and duties, believe that they are meeting the just expectations of the people in simplifying the machinery of government wherever it can be done without endangering any safeguard of public or private right.

A Council to advise and restrain the executive power, originally had a strong significance, when the Crown held the authority to appoint the Governor, Lieutenant-Governor and Secretary, and when the Assistants or Councillors were chosen by the General Court, consisting of the town representatives who were elected by a majority of the people.

That significance has long ago ceased to exist, and the Council has become relatively unimportant as a distinct or co-operative branch of any department of the government.

Whether to dispense with or retain it in the Constitution, is a question merely of convenience, economy and expediency. It is believed that all the duties required of it, by the Constitution, or by Statute, can be more appropriately and effectively performed by other departments and officers of the government.

To enable the Convention to judge of this, a carefully prepared synopsis is appended to this Report, of all the provisions in the Constitution or in the Statutes, concerning the Council, and these powers and duties, it is proposed to distribute, in the manner recommended in the accompanying resolutions.

The average annual cost of maintaining the Council for the last four years has been $5,263, and it is not proposed or believed to be necessary to establish a single additional office, should the Council be dispensed with,

The executive power cannot be increased in the hands of the Governor, even should none of the offices now filled by his appointment with the consent of Council, be hereafter made elective. And in all appointments now requiring the confirmation of the Council, the proposed action of the Senate thereon, will necessarily be more conservative than the action of the people, because the Senate comes from the people, while the Council comes from the legislature.

The pardoning power, it is believed, from all precedents and experience, will be safer, and will be more judicially administered in the hands of a chief magistrate, personally and solely responsible for each exercise of, or refusal to exereise this dispensing power-than when divided and lost, as it now is, among a Board of eleven persons, mo-t, if not all of whom, are usually changed annually, and who are necessarily left without any direct individuality in the exercise of this reserved power to suspend the operation of the law, and revise the criminal sentences of the judiciary.

The financial concerns which formerly devolved upon the Council mueh labor in the auditing of accounts, and the examination of warrants, have been substantially transferred by law to another department, that of Auditor, which must necessarily become a permanent department; and thus, this duty has ceased to require the supervision of that body. In revising the warrants on the treasury, drawn by the Governor under ex

ting laws or resolves, the Auditor, and in all matters of doubt touching the law, the Attorney-General, may, with equal safety and more directness and uniformity of decision, be substituted, or the legislature may make other provisions thereon if necessary, as is also provided, in all other matters not enurnerated in the resolutions.

Wit.zout entering further into a detail of the facts and reasons that have induced the Committee to come to their decision upon the matters sub

mitted to them, they recommend the adoption of by the governor, of all judicial officers, the attorthe resolutions herewith reported.

ney-general, the solicitor-general, all sheriffs, corFor the Committee,

oners, and registers of probate, and notaries pubB. F. HALLETT, Chairman. lic; and to consent to the removal of notaries

public from office, by the governor, upon the Resolutions relating to the Council.

address of both houses of the legislature; and to 1. Resolved, That the Constitution should be

advise the governor in appointing suitable perso altered as to strike out the 3d section of chap

sons to fill such military offices, as have failed to ter 2, relating to "the Council for advising the

be filled by election. Ch. 2, sect. 1, art. 9 & 10. Governor in the executive part of the govern

8. To execute all executive powers, in case the ment," and substitute therefor a distribution of

office of governor and lieutenant-governor shall

be vacant. its powers and duties to other branches and off

Ch. 2, sect. 3, art. 6. cers of the government.

9. To advise and consent to the appointment, 2. Resolved, That the powers and duties of the

by the governor, of a suitable person to the office Council should be distributed as follows:

of secretary or treasurer of the Commonwealth, First. The advisory power in "pardoning of

when such office shall become vacant from any fences," to the Governor.

cause during the recess of the general court. Ch. Second. The advisory and confirming power

2, sect. 4, art. 1. in appointments of civil officers, to the Senate.

10. To consent to the removal of judicial offiThird. The examination of returns of votes for

cers by the governor, upon the address of both Senators, Representatives to Congress, Electors of

houses of the legislature. Ch. 3, art. 1. President and Vice-President, and all other cases

11. To hear and determine with the governor, in which returns made by law are referred to the

all causes of marriage, divorce and alimony, and Governor and Council--to a Board consisting of

all appeals from the judges of probate, until the the Governor, Lieutenant-Governor, the Secre

legislature shall by law make other provision, tary of State, the General Treasurer, and the

(which has been made). Ch. 3, art. 5. Attorney-General, or a majority of them.

12. To attend the governor in the administra

tion of the oath of office to the senators and repFourth. The Governor's warrants for drawing

resentatives. Ch. 6, art. 1.
moneys out of the treasury shall be drawn upon
the certificate of the Auditor, and in all cases of
doubt, by the advice and approval of the Attorney-

Part 2.-Duties required of the Council by the

General, or such other officer or officers as the
legislature may by law direct.

1. To examine and count, with the governor,
Fifth. All other duties now required to be the returns of votes for representatives in con-
performed by the Governor and Council jointly, gress, and for electors of president and vice-presi-
or by the Council, shall devolve on the governor dent. R. S., ch. 6, $y 5, 19.
until the legislature shall otherwise provide by 2. To visit, with the governor, the State Prison

annually, or oftener, at pleasure, and supervise 3. Resolved, That it should be provided in the its general discipline, and perform other advisory Constitution that whenever the offices of Gover- services with the governor relating to that instinor and Lieutenant-Governor shall both be va- tution. R. S., ch. 144, $$ 3, 4, 5, 11, 15, 49, 50, cant, the legislature, if in session, shall, by joint 51, and subsequent Acts upon the same subject. ballot, fill the vacancy of Governor ; but if the 3. To advise and assist the governor in his aplegislature be not in session, then the Speaker of pointments and duties relating to the State Luthe House of Representatives shall act as Gover- natic Hospital. R. S., ch. 48, and the subsequent nor until the next annual election. And in case Acts upon the same subject. of the death, disability or resignation of the 4. To advise and assist the governor in his apSpeaker, the legislature shall be convened by pointments and duties relating to the Board of proclamation of the Secretary of the Common- Education. Act of 1837, ch. 241, and the subsewealth, to fill the vacancy by joint ballot of both quent Acts upon the same subject. Houses.

5. To advise and assist the governor in his ap

pointments and duties relating to the State Reform SYNOPSIS OF THE POWERS AND DUTIES OF THE School. Act of 1817, ch. 165, and the subsequent COUNCIL.

Acts upon the same subject.
Part 1.-Duties required of the Council by the

6. To advise and assist the governor in his apConstitution.

pointments and duties relating to the Board of 1. To assemble upon the call of the governor,

Agriculture. Act of 1852, ch. 142. and advise him in the executive part of the gov

7. To advise the governor in his appointment

of Trustees of the State Library. Act of 1850, ch. ernment, agreeably to the constitution and the

182. laws of the land. Ch. 2, sect. 1, art. 4. Ch. 2,

8. To advise and assist the governor in his dusect. 3, art. 1.

ties relating to any representative districts which 2. To advise and consent to all money warrants

may be formed by towns under the thirteenth drawn by the governor on the treasury. Ch. 1,

article of amendments in the Constitution. Act Sect. 1, art. 4. Ch. 2, sect. 1, art. 11.

of 1840, ch. 66. 3. To assign, with the governor, the number of

9. To advise and assist the governor in his apsenators to be chosen in each district, according pointments and duties relating to Pilotage and to the number of inhabitants in the same, every

Pilots. R. S., ch. 32. Act of 1845, ch. 187, and tenth year, by the census. Ch. 1, sect. 2, art. 1.

other Acts upon the same subject. And to examine, with the governor, the records 10. To advise and assist the governor in his of votes for senators. Ch. 1, sect. 2, art. 3. 4. To apportion, with the governor, in the year

appointments and duties relating to Commissionof each decennial census, the number of represent

ers, and their compensation and reports, for a atives which each city, town and representative

great variety of purposes ; also relating to various

Trustees, and to the approval of official bonds; district is entitled to elect, and ascertain how

also, relating to the issue and disposition of State many years, within ten years, any town may

Scrip; and also relating to the various State Funds, elect a representative, which is not entitled to

and many other subjects, all which are provided elect one every year. Ch. 1, sect. 3, art. 2.

for by a great number and variety of temporary 5. To advise the governor in calling together,

and special acts and resolves. Accounts are now adjourning, proroguing, and dissolving the gen

examined and certified by the auditor of accounts. eral court, and in directing the place where the

Act of 1849, ch. 56, and the subsequent Acts upon
session shall be held within the State, in case of
infectious disease or other case making a change

the same subject.
necessary. Ch. 2, sect. 1, art. 5 & 6.
6. To advise the governor in pardoning of-

Removal of Justices.
fences. Ch. 2, sect. 1, art 8.

On motion by Mr. WATERS, of Millbury, it 7. To advise and consent to the appointment,

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(May 3 )th.

Ordered, That the Committee on the Judiciary consideration that part of the Constitution relat- Oriered, That the Committee to whom was rebe instructed to consider the expediency of detin- ing to the Lieutenant Governor, be in-tructed to ferred so much of the Constitution as relates to ing more clearly the power and the manner of inquire into the expediency of abolishing that of the Qualitications of Voters, consider the expediremoving Justices of the Peace for sufficient fice in this Commonwealth.

eney of providing that ability to read and write cause, the same being now involved in doubt and

shall be an indispensul de requisite for the exercise wholly impracticable.

Prison Inspector.

of the elective franci.i e in all elections held for

the c..oice of town, city, county, and state officers. Payment of Debts. On motion by Mr. WILSON, of Vatick,

Ordered, T at the same Committee consider On motion by Mr. DAVIS, of Acton,

the expediency of regarding the power to vote as Ordered, That the Committee to whom was

a sacred trust, as well as a civil right, and of referred so much of the ('on-titution as relates to Ordered, That the Committee to whom was

therefore providing that t'e neglect of this trut, the Secretary, Treasurer, and Attorney-General, be referred so much of the ('onstitution as is con

that is, the neglect to vote,–when not caused instructed to consider the expedicney of amending

by sickness, or arence from the State, shall be an tained in the Preamble and Declaration of Rights, the Constitution so as to provide for the election be instructed to inquire into the expediency of so

offence punishable by fine, and if persevered in by the people of the Commonwealth of a Prison amending the same, that no person by act of gove Inspector.

for a given term of years, shall work a forfeiture ernment shall be released from paying his honest

of the right to vote. debts, whenever he has the ability so to do; and

Member for Berlin.

The Gorernor. report thereon.

Mr. GOURGAS, of Concord, presented a com

On motion by Mr. WARNER, of Wrentham, Mr. WILSON, of Xatick. I rise for the pur- munication signed by the selectmen of Berlin, ac

the ('onvention proceeded to tie consideration of pose of make a suggestion, and I do it at the re- crediting George S. Boutwell, of Groton, delegate the Orders of the Day, the first subject in order quest of the Messenger. He states that the for that town.

being the resolves relating to the office of GovernHouse is in a very unfit condition for our accom- The communication was read as follows:

or, on their second reading. They were read, as modation ; that he wishes to put down a new car- COMMONWEALTH OF MASSACHUSETTS. follows:pet and clean up the hall, and that he can do it if

County of Worcester. the Convention will give him this afternoon and

Pursuant to a request made to the selectmen of Resolred, That it is expedient to alter and the forenoon of Monday, so that by three o'clock

Berlin, by order of the ('onvention for revising amend the Constitution, so as to provide that no

the Constitution of this Commonwealth, now in on the afternoon of Monday he will have every

person except a citizen of the l’nited States shall session in Boston, the qualitied electors of said be eligible to the office of Governor, nor shall any thing in readiness. I will suggest to the ('on

Berlin, in town meeting convened, on Friday the person be eligible to t'unt office who shall not have vention, therefore, the propriety of adjourning 27th day of May, in-t., did elect in the manner attained to the age of thirty years. until 3 o'clock on Monday for that purpose. prexcribed by the Act calling the Convention, Resolred, That it is expedient to alter and

Mr. BROWN, of Douglas, thereupon moved adopted by the people on the second Monday of amend t'ie ('onstitution by abolishing the propthat when the Convention adjourn it be to meet

November, A. 1)., 18.52, George S. Boutwell, of erty qualification for Governor.

Groton, as their delegate to represent them in Resulred, That it is expedient to alter and at 3 o'clock, P. M., on Monday.

the Convention aforesaid, in place of Hon. Henry | amend the ('onstitution, so as to provide for the Mr. AUSTIN, of Swanzey, moved to amend Wilson, re-igned.

election of Governor, on the Tuesday next after the motion by substituting ten o'clock, A. M. Dated at Berlin, this twenty-seventh day of the first Monday in the month of November, The amendment was disagreed to. May, A. D., 1853.

annually. The question was taken on the motion of the

Silas SAWYER, Selectmen Resolrod, That it is expedient to alter and gentleman from Douglas, and upon a division

Lewis L. CARTER, ) of Berlin. amend the Constitution, so as to provide that in

case of the failure of an election of Governor by ayes, 137 ; noes, 32—it was decided in the affirm- No objection being made thereto the commu

the people, he shall be elected by the Senate and ative. nication was placed on file.

House of Representatives, by joint ballot. On motion, the Convention then, at twenty- Mr. Boutwell appeared and took his seat. five minutes past one o'clock, P. M., adjourned.

The question being on the final passage of the Reconsideration.

resolutions, Mr. WILKINS, of Bo-ton. A few minutes Mr. THOMPSON, of Charlestown, moved that ago an order was referred to the Committee on when the question is taken, it be taken by yeas

the Lieutenant-Governor, directing that CommitMonday, May 30, 1853. tee to inquire into the expediency of abolishing The motion was agreed to. The Convention met, pursuant to adjourn- that office. The chairman of that Committee is Mr. EARLE, of Worcester. I would inquire ment, at 3 o'clock, P. M.

not prezent. I will therefore move that the vote whether the vote by yeas and nays will apply to Prayer by the chaplain.

by which it was referred to the Committee be re- each of the resolutions if a division be called for. The Journal of Saturday's proceedings was read considered, and that it be laid upon the table for The PRESIDENT. It applies now to the and approved.

the present. The Committee have had the sub- body of the resolves.

ject under consideration, and have made a Report, Mr. WHEELER, of Lincoln. I would inIncorporated Towns.

and that Report is the first subject that will quire of the Committee who reported these resoThe following communication was laid before come up for consideration in Committee of the lutions whether it is proposed that in an election the Convention. It was read by the Secretary :- Whole. It seems to me, therefore, that it would of governor by the House of Representatives and

be better that this order be laid upon the table Senate, by a joint ballot, the number of candidates Secretary's Office, Boston, until that Report comes to be considered.

shall be limited. The last resolution reads as May, 30, 1853.

follows: In compliance with an order of the Convention

Mr. MORTON, of Taunton. I would suggest of the 27th inst., I herewith present a list of the

to the gentleman the propriety of moving to' retowns incorporated since 1820, arranged in coun- consider the vote by which the order was referred

Resolved, That it is expedient to alter and

amend the Constitution, so as to provide that in ties, with the dates of their incorporation.

to the Committee on the Lieutenant-Governor, Respectfully, your

case of the failure of an election of Governor by and of then moving to refer it to Committee of Most obedient servant,

the people, he shall be elected by the Senate and E. M. WRIGHT. the Whole.

House of Representatives, by joint ballot. To the President of the Convention.

Mr. WILKINS. I will adopt the gentleman's suggestion.

Do the Committee propose that the Senate and On motion of Mr. TIIOMPSON, of Charles- The motion to reconsider was agreed to, and

House of Representatives shall select the governtown, the communication and accompanying docu- the question then being on referring the said or from the body of the people of the State, or ment were laid upon the table and ordered to be order to the Committee of the Whole and placing from among the three or four candidates only printed.

it upon the calendar of the Committee, with the who have the greatest number of votes ?

Report on the subject of the Lieutenant-Govern- Mr. BRIGGS, of Pittsfield. As no other Lieutenant-Governor. or, it was also decided in the affirmative.

member of the Committee rises to reply to the On motion by Mr. FRENCH of Berkley,

gentleman, I will say that this point struck my Qualifications of Voters.

attention the other day, when the Committee were Ordered, That the Committee having under On motion of Mr. LOTHROP, of Boston, engaged in the consideration of the subject, and I

and nays.



(May 30th.

prepared an amendment to be added to the last resolution ; but, on second thought, I came to the conclusion that it was not necessary. This resolution proposes an amendment to the existing Constitution, which provides that the House shall, out of the four highest candidates, send two to the Senate, for them to select one. The amendment proposes that the House and the Senate, in joint meeting, shall elect a governor, leaving it, as appears to me, to be the fair construction as it exists in the present Constitution, with the exception that the two Houses shall vote in joint meeting; so that when the Committee of Revision shall place this amendment in its right position in the new Constitution, I should suppose that so much of the old would be retained as directs the House to select from the four candidates having the highest number of votes. If it be not really so, I think the amendment should nade to contain this provision.

Mr. TYLER, of Pawtucket. The Committee on the Governor had that point under consideration, and inasmuch as the question whether the majority or plurality rule shall prevail, remains yet to be decided, it was thought best to leave this point for the present undetermined. If the majority rule is decided upon, perhaps the Convention will think proper to make the selection from the three or four candidates having the highest number of votes; but if the plurality system is adopted, and the possible contingency should happen that two candidates should have an equal nunber of votes, the selection would be mnade from the two. Therefore the number of candidates from which the selection was to be made, was left for future decision.

The question was then taken on the final passage of the resolution, by yeas and nays, and resulted thus : yeas, 288 ; nays, 6.

The yeas and nays are as follows:

Cross, Joseph W. Hinsdale, William
Crowninshield, F. B. Hobart, Aaron
Cummings, Joseph Ilobart, Ilenry
Cushman, Thomas Hobbs, Edwin
Cutler, Simeon N. Holder, Nathaniel
Dana, Richard H., Jr. Hood, George
Davis, Ebenezer Hopkinson, Thomas
Davis, John

Houghton, Samuel
Davis, Robert T. Howard, Martin
Davis, Solomon Hubbard, William J.
Dean, Silas

Ilunt, William Dehon, William Huntington, Charles P. Deming, Elijah S. Huntington, George H. Denton, Augustus Hurlbut, Moses C. De Witt, Alexander Hlyde, Benjamin D. Doane, James C. Jacobs, John Duncan, Samuel Jenks, Samuel H. Dunham, Bradish Johnson, John Durgin, John M. Kellogg, Giles C. Eames, Philip

Kendall, Isaac Earle, John M.

Keyes, Edward L. Easland, Peter

Kimball, Joseph Easton, James, 2d Kinsman, Henry W. Eaton, Lilley

Knight, Jefferson Edwards, Elisha Knight Joseph Ely, Homer

Knowlton, J. S. C. Eustis, William T. Knowlton, William H. Farwell, A. G.

Kuhn, George H. Fellows, James K. Ladd, Gardner P. Fiske, Emery

Ladd, John S. Fisk, Lyman

Lawton, Job G., Jr. Fitch, Ezekiel W. Leland, Alden Foster, Aaron

Lincoln, Abishai Foster, Abram

Lincoln, F. W., Jr. Fowle, Samuel Littlefield, Tristram Fowler, Samuel P. Livermore, Isaac Freeman, James M. Lothrop, Samuel K. French, Charles A. Loud, Samuel P. French, Samuel Lowell, John A. Frothingham, R., Jr. Marble, William P. Gale, Luther

Marcy, Laban
Gates, Elbridge Marvin, Abijah P.
Gilbert, Washington Meader, Reuben
Giles, Charles G. Merritt, Simeon
Giles, Joel

Mixter, Samuel
Gooch, Daniel W. Monroe, James L.
Gooding, Leonard Morss, Joseph B.
Gould, Robert Morton, Marcus
Goulding, Jason Morton, Marcus, Jr.
Gourgas, F. R. Morton, William S.
Graves, John W. Nash, Hiram
Gray, John C.

Nayson, Jonathan
Green, Jabez

Newman, Charles Greene, William B. Nichols, William Hadley, Samuel P. Noyes, Daniel Hale, Artemas

Nute, Andrew T. Hall, Charles B. Oliver, Henry K. Hallett, B. F.

Orcutt, Nathan
Hammond, A. B. Orne, Benjamin S.
Hapgood, Lyman W. Osgood, Charles
Hapgood, Seth

Packer, E. Wing
Harmon, Phineas Paine, Benjamin
Haskins, William Paine, Henry
Hathaway, Elnathan P. Park, John G.
Hawkes, Stephen E. Parker, Adolphus G.
Hayden, Isaac Parker, Joel
Heard, Charles Parker, Samuel D.
Heath, Ezra, 2d Parris, Jonathan
Henry, Samuel Partridge, John
Hersey, Henry Payson, Thomas E.
Hewes, James Peabody, Nathaniel
IIewes, William H. Penniman, John
Heywood, Levi Perkins, Daniel A.

Perkins, Noah C. Thomas, John W.
Phelps, Charles

Thompson, Charles Pierce, Henry Tileston, Edmund P. Pool, James M. Tilton, Abraham Powers, Peter Tilton, Horatio W. Putnam, George Tower, Ephraim Putnam, John A. Train, Charles R. Rantoul, Robert Turner, David Rawson, Silas

Tyler, William Read, James

Underwood, Orison Reed, Sampson L'pham, Charles W. Rice, David

Upton, George B. Richards, Luther Viles, Joel Richardson, Samuel II. Wallis, Freeland Ring, Elkanah, Jr. Walker, Samuel Rogers, John

Ward, Andrew H. Royce, James C. Warner, Marshal Sampson, George R. Warner, Samuel, Jr. Sanderson, Chester Weeks, Cyrus Sargent, John

Weston, Gershom, B. Schouler, William Wheeler, William F. Sherril, John

White, Benjamin Sikes, Chester

White, George Sleeper, John S. Whitney, Daniel S. Smith, Matthew Wilbur, Daniel Souther, John Wilder, Joel Sprague, Melzar Wilkins, John H. Spooner, Samuel W. Wilkinson, Ezra Stevens, Charles G. Williams, Henry Stevens, Granville Williams, J. B. Stevens, Joseph L., Jr. Wilson, IIenry Stevens, William Wilson, Milo Strong, Alfred L.

Wilson, Willard Sumner, Charles Winn, Jonathan B. Sumner, Increase Winslow, Levi M. Swain, Alanson Wood, Nathaniel Taft, Arnold

Woods, Josiah B. Talbot, Thomas Wood, Otis Taylor, Ralph

Wood, William H. Thayer, Joseph Wright, Ezekiel Thayer, Willard, 2d

NAYS. Aspinwall, William Edwards, Samuel Atwood, David C. Goulding, Dalton Copeland, Benjamin F. Walcott, Samuel B.

YEAS. Adams, Benjamin P. Brown, Alpheus R. Adams, Shubael P. Brown, Artemas Aldrich, P. Emory Brown, Hammond Allen, Charles Brownell, Joseph Allen, James B. Bullen, Amos H. Allen, Joel C.

Bullock, Rufus Allen, Parsons Bumpus Cephas C. Alley, John B. Burlingame, Anson Andrews, Robert Butler, Benjamin F. Appleton, William Cady, Henry Ayres, Samuel

Carruthers, William Ballard, Alvah

Case, Isaac
Ball, George S. Chandler, Amariah
Bartlett, Russell Chapin, Daniel E.
Bartlett, Sidney, Childs, Josiah
Barrett, Marcus Choate, Rufus
Bates, Moses, Jr. Churchill, J. McKean
Beach, Erasmus D. Clarke, Alpheus B.
Beal, John

Clark, Salah
Beebe, James M. Clarke, Stillman
Bennett, Zephaniah Ceverly, William
Bigelow, Edward B.

Coggin, Jacob
Bird, Francis W. Cogswell, Nathaniel
Blagden, George W. Cole, Sumner
Bliss, Gad 0.

Conkey, Ithamar Boutwell, George S. Cooledge, Henry F. "Boutwell, Sewell Crane, George B. Bradford, William J. A. Cressy, Oliver S. Breed, Hiram N. Crittenden, Simeon Briggs, George N. Crockett, George W. Brown, Adolphus F. Crosby, Leander

ABSENT. Abbott, Alfred A. Carter, Timothy W. Abbott, Josiah G. Chapin, Chester W. Allis, Josiah

Chapin, Henry Alvord, D. W. Clark, Henry Austin, George Clark, Ransom Baker, Hillel

Cole, Lausing J. Bancroft, Alpheus Cook, Charles E. Banks, Nath'l P., Jr. Crowell, Seth Barrows, Joseph Curtis, Wilber Bates, Eliakim A. Cushman, Henry W. Bell, Luther V. Davis, Charles G. Bennett, William, Jr. Davis, Isaac Bigelow, Jacob Dawes, Henry L. Bishop, Henry W. Day, Gilman Bliss, William C. Denison, Hiram S. Booth, William S. Dorman, Moses Bradbury, Ebenezer Eaton, Calvin D. Braman, Milton P. Ely, Joseph M. Brewster, Osmyn

Fay, Sullivan Brinley, Francis French, Charles H. Bronson, Asa

French, Rodney Brown, Hiram C. Gardner, Henry J. Brownell, Frederick Gardner, Johnson Bryant, Patrick Gilbert, Wanton C. Buck, Asahel

Greenleaf, Simon

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