so far as my communication with them will allow me to judge. It is no part of my wish to injure the medium towns at all, or to give the smaller towns advantage over the larger towns, but I simply desire that something shall be done by which the representation of the people shall be made equal throughout the Commonwealth, and the size of the House of Representatives decreased as much as it can be consistently with justice and propriety. And, if there is anything in my proposition which will tend to produce a greater inequality than will be produced by any other plan, I hope it will not be adopted. As I said before, however, my object in submitting that amendment, was to provide for decreasing the size of the House of Representatives. Mr. KEYES, for Abington. I hope that the amendment of the gentleman from Monson will not be adopted. And if it should not be agreed to by the Convention, I will move that the words "fifteen hundred" be stricken out, and the words "twelve hundred" be inserted, so that the amendment will be, in this particular, in accordance with the plan of the gentleman from Northampton, (Mr. Huntington). I shall then move to strike out, at the end of the third article, the words "four thousand," and insert the words "twelve thousand," so that the clause, as amended, will read: "Every town having four thousand inhabitants, may elect two representatives annually; the mean increasing ratio shall be twelve thousand." The meaning of that will then be, that towns having twelve thousand inhabitants may elect three representatives. I shall then propose to add another article: "That every town and city having more than twelve thousand inhabitants, may elect as many representatives as the number five thousand is contained in the number of the population." It seems to me, if the Committee had taken this matter in charge, they would have arrived at the same result which I have here proposed, but as that has not been permitted, as soon as the amendment of the gentleman from Monson is disposed of, I shall move the amendment which I have indicated. The question was then taken on agreeing to the amendment of the gentleman from Monson, and it was decided in the negative. The amendment was accordingly rejected. Mr. KEYES. I now move that the words "fifteen hundred" be stricken out of the first article, and the words "twelve hundred" be inserted. [June 29th. me, an amendment which did not occur to me when this plan was drawn up. It is, to take the second article of the first resolve submitted by the gentleman from Lowell, and insert it between the first and second sections of my plan. The article reads as follows: Any two of such towns may, by a vote of a major part of the legal voters of each, at legal meetings thereof, unite together in a district, which shall be entitled to a representative each year, and which shall continue for a period of not less than five years, excepting the year in which the valuation of estates is settled. Mr. OLIVER, of Lawrence. I would inquire whether the effect of this would not be to require that all the voters should be present? Mr. THOMPSON. I think that difficulty could be obviated by inserting the word present in such manner that it would read, "that all the voters present," &c. I would remark, that this matter has been brought to my attention during the past few moments for the first time. Hence a little difficulty may arise from my not having considered the point in question more deliberately. I should not suppose, however, that a gentleman possessing the legal acumen and knowledge of the gentleman from Lowell, would have drafted a provision of the important character of this, which would be liable to be applied in a different manner from that which he intended. If any difficulty should arise, however, it can be adjusted hereafter; my wish, now, simply being to provide a system of representation that shall be acceptable to all. Mr. BUTLER, of Lowell. As this section, proposed to be taken from my amendment and inserted in that of the gentleman from Charlestown, was drawn up by myself, and as the gentleman from Lawrence has made an inquiry in regard to it, I may be permitted to say a word upon it. I am surprised that any legal gentleman, and much more so, that a military man should have asked such a question. The same inquiry arose some time ago in regard to elections of officers, and caused a great deal of trouble. It was finally submitted to the honorable and learned Attorney of the Commonwealth, who has since been elevated, or depressed, according as gentlemen may choose to consider it, from that office to the gubernatorial chair, [laughter,] and he gave an opinion which covers the whole subject, which The question was taken on the amendment, may be found-for my friend's instruction-on the and it was not agreed to. Mr. THOMPSON. I would suggest here, and I do so at the request of several gentlemen around one hundred and fifteenth page of the Digest of the Militia Laws, a copy of which I brought here, expecting somebody to ask that question. [Laugh ter.] I should be happy to lend it to the gentle- question of so much importance as this taken man. Mr. OLIVER. I recollect the case, Sir, and I entirely dissent from that decision. Mr. BUTLER. I will only say that I think this decision will be found to be governed by the decision of the supreme court, and that the majority of the legal voters-that is those voters who are present, not those who are a thousand miles distant on the ocean, but who are thereare the ones who do the voting, and elect the man of their choice. There is, therefore, no need of amending my proposition in the manner suggested, as it was drawn up with a full knowledge of all the facts. Mr. GRISWOLD, for Erving. I do not precisely understand what is meant in the fourth paragraph of the first resolve by the phrase "ratio of towns." I would like to ask an explanation. Mr. THOMPSON. My intention in drawing up that sec ion, was to provide that on the increase of the inhabitants that might take place between one decennial period and another, the ratio of the towns would be increased, and the mean increasing ratio be so increased as to preserve the same relative proportion of political power, and the same number of representatives in the House of Representatives through all coming time, as is provided for by the plan now submitted. Mr. GRISWOLD. From the explanation which the gentleman has given us of the proposition, I do not think it is as favorable as our present system of representation. For instance, if we take a town of fourteen hundred and ninety-nine inhabitants, we shall find, upon making the proper calculation, that it will be entitled to only six representatives in ten years. The small towns have more than that number under the present basis of representation which we have come here to correct. I hope the amendment, therefore, will not be adopted. Mr. GARDNER, of Seekonk, moved to strike out, in the first and second sections, the words "fifteen hundred," and insert "one thousand." The question being taken on agreeing to the motion, it was decided in the negative, so the motion did not prevail. Mr. BOUTWELL, for Berlin. As it is rather late in the afternoon, and the seats are not all full, my own sense of respect to the proposition, and what I take to be the sense of the Convention also in this matter, as well as personal appeals from gentlemen who favor the amendment, impel me to ask that its further consideration be postponed until to-morrow. I dislike to have a without a fair opportunity for the expression of the views and opinions of members being allowed, and I therefore move that the Orders of the Day be laid upon the table. The motion was agreed to. On motion by Mr. WILSON, the Convention then, at twenty-five minutes past 6 o'clock, adjourned. THURSDAY, June 30, 1853. The Convention assembled, and was called to order by the President, at 9 o'clock. Prayer by the Chaplain. The Journal of yesterday was read. Reports from a Committee. Mr. BRIGGS, of Pittsfield, from the Committee on the Encouragement of Literature, presented the following Reports, which were severally referred to the Committee of the Whole, and ordered to be printed. On Female Education. In Convention, June 30, 1853. The Committee on the Encouragement of Literature, to whom was referred an order of the Convention of the 20th of May last, on the subject o female education, and the petition of Harriet K. Hunt on the same subject, have considered the same, and report that, in the opinion of the Committee, the existing Constitution confers upon the legislature as ample powers to provide for the education of females as it does for the education of males, and that it is not necessary to alter it so as to provide for the education of females. They, therefore, recommend the adoption of the following resolution. GEO. N. BRIGGS, Chairman. Resolved, That it is not expedient to alter the Constitution so as to confer any additional powers upon the legislature in relation to the education of females. Relating to the School Fund. In Convention, June 30, 1853. The Committee on the Encouragement of Literature, to whom was referred an order of the Convention of the 31st of May, instructing them "to inquire into the expediency of so amending the Constitution, that the school fund belonging to the Commonwealth shall never be appropriated or applied to the support of any sectarian schools, or Relating to the Union of the Boards of Education and Agriculture. COMMONWEALTH OF MASSACHUSETTS. In Convention, June 30, 1853. The Committee on the Encouragement of Literature, to whom was referred an order of the Convention of the 23d of May last, directing them to consider the expediency of so altering the Constitution as to provide that the Board of Education and the Board of Agriculture shall be established as permanent departments of the government, have considered the same, and report the following resolution. GEO. N. BRIGGS, Chairman. Resolved, That it is not expedient so to alter the Constitution as to provide that a Board of Education and a Board of Agriculture shall be established as permanent departments of the gov ernment. Plan of Representation. Mr. VILES, of Lexington, presented the following plan as the basis of the representation in the House of Representatives, which was referred to the Committee of the Whole, and ordered to be printed : Resolved, That the Constitution be so amended that the House of Representatives shall be apportioned as follows: Towns containing two thousand inhabitants may be entitled to elect one representative every year. Towns containing five thousand inhabitants shall be entitled to elect two representatives; and five thousand shall be the mean increasing ratio, for each and every additional representative. Towns containing less than two thousand inhabitants shall be entitled to elect as many representatives in ten years as the number two hundred is contained in the number of inhabitants in said town. Also, entitled to elect an additional representative every decennial year. On motion by Mr. WILSON, of Natick, the Convention resolved itself into COMMITTEE OF THE WHOLE, [June 30th. The Reference of Legislative Acts to the People. The Report was read by the Secretary, as follows: The Committee on so much of the Constitution as relates to the Frame of Government, &c., upon an order of May 17th, respecting the reference by the legislature to the people of legislative acts, for approval or rejection, report that it is inexpedient for the Convention to act thereon. Mr. DAVIS, of Plymouth, moved that the Committee rise, and recommend to the Convention that the Report be accepted. The motion was agreed to, and the Committee rose, and IN CONVENTION, The chairman of the Committee of the Whole reported, that they had had under consideration the Report submitted to them, and that he was instructed to recommend to the Convention that it ought to be accepted. The Convention accordingly concurred in the recommendation of the Committee. On motion by Mr. ALLEN, of Worcester, the Convention resolved itself into COMMITTEE OF THE WHOLE, Mr. Earle, of Worcester, in the Chair, upon the The Property of Married Women. COMMONWEALTH OF MASSACHUSETTS. That, in the opinion of the Committee, greater security than is now afforded by law, ought to be provided, for the preservation to married women, of the property acquired by them through the kindness of parents and friends, or by their own industry and prudence. The Committee have seen with much satisfaction, that, of late years, the course of legislation, and the decisions of enlightened judicial tribunals, have tended towards the alleviation of hardship and injustice resulting from the absolute control, which the have had over most of Evils still exist, which Mr. Lord, of Salem, in the Chair, upon the Report husband and his creditors relating to the property of the wife. Thursday,] ALLEN. [June 30th. may be diminished or removed by legal enactment. But the Committee believe that the rem COMMITTEE OF THE WHOLE, edy can be most safely and beneficially applied On the subject of CHARLES ALLEN, Chairman. On motion, the Committee rose, and IN CONVENTION, The chairman reported, under instructions from the Committee, that the Report ought to be accepted, and it was accordingly accepted by the Convention. Upon motion of Mr. ALLEN, of Worcester, the Convention went into COMMITTEE OF THE WHOLE, Mr. Whitney, of Boylston, in the Chair, for the consideration of the Report of the Committee on the Frame of Government, relating to State Offenders. The Report was read, as follows: The Committee on so much of the Constitution as relates to the Frame Government, &c., upon an order of June 9th, relative to the remuneration of persons tried for offences against the State and acquitted, report that it is inexpedient to act thereon. On motion, the Committee rose, and, IN CONVENTION, Reported, through its chairman, that the Report ought to be agreed to. The Report was accepted. Upon motion of Mr. ALLEN, of Worcester, the Convention again went into COMMITTEE OF THE WHOLE, Mr. Wood, of Middleboro', in the Chair, upon the The Petition of Silas Lamson And forty-four others. The Committee concurred in the Report, without debate, and IN CONVENTION, The Judiciary, Mr. James, of South Scituate in the Chair. The Committee on the Judiciary, to whom was referred an order of June 6th, relating to granting the subject "a certain remedy in law, prompt and without delay," and an order of June 6, relating to the codification of the laws, have considered the same, and report that it is inexpedient to take further action upon the same. On motion of Mr. HALL, of Haverhill, the Committee rose, and, IN CONVENTION, The chairman reported that the Committee had concurred in the Report, and recommended its adoption by the Convention. The Report was adopted. Mr. WILSON, of Natick, moved that the Convention resolve itself into COMMITTEE OF THE WHOLE, for the consideration of the resolve reported by the Committee on so much of the Constitution as relates to The Secretary, Treasurer, &c. The motion was agreed to, and Mr. Davis, of Resolved, That it is inexpedient so to amend the Constitution as to require that "every person holding an office in or under the State government, shall retire therefrom at the expiration of six years' service." On motion of Mr. JAMES, of South Scituate, the Committee rose, and, IN CONVENTION, The chairman reported that the Committee of the Whole had considered the subject referred to them, and recommended that the resolve ought to pass. The Convention concurred in the recommendation, and the resolve was ordered to a second reading. On motion of Mr. WILSON, of Natick, the The Report of the Committee of the Whole rules were suspended, and the resolve was read was concurred in. On motion by Mr. WILSON, of Natick, the Convention went into a second time and finally passed. On motion of Mr. WILSON, of Natick, the Convention resolved itself into Mr. Sargent, of Cambridge, in the Chair, on the The charman, Mr. Sargent, of Cambridge, reReport relating to The Governor. The Report was read by the Secretary, as follows: The Committee to whom was referred so much of the Constitution in chapter 2, sect. 1, (except articles 9 and 10,) as relates to the Governor; a resolve of June 22, relative to the 7th article in chap. 2d; a Report of the Committee of the 14th of June, relative to the 7th article; have attended to the duty assigned them, and submit the following Report: The Committee having ascertained, that the Committee to whom was referred so much of the Constitution as relates to the Militia, had reported to the Convention an article upon which the Convention have acted, that it becomes necessary to strike out of the Constitution, the said 7th article. They, therefore, report the following resolve : Resolved, That it is expedient to amend the Constitution by striking out the whole of article 7th, in section 1st, chapter 2d. Mr. DAVIS, of Plymouth. I do not rise because I am opposed to the Report of the Committee, but because I believe that document is not yet printed; gentlemen here do not find it upon their files. I am of the opinion that the subject will cause some debate, and under the circumstances, I submit the motion that the Committee now rise, report progress, and ask leave to sit again. Mr. DAVIS, of Worcester. I trust that that motion will not prevail. The Report has been printed, and it will be found in Document No. 88. The reason why the Committee have reported in favor of striking out this article, is, that the Military Committee, who have had the subject under consideration, have reported an article to the Convention which has been adopted by the Committee of the Whole and reported back to the Convention; and that article entirely supersedes this which it is proposed to strike out. Mr. DAVIS, of Plymouth. I was not aware that this subject had been acted upon by the Convention, having been absent at that time. Since that is the case, I withdraw my motion. Mr. DAVIS, of Worcester. I move that the Committee now rise, and report to the Convention that the resolve ought to pass. The motion was agreed. The Committee accordingly rose, and the President having resumed the Chair of ported that the Committee of the Whole had had under consideration the Report of the Committee in relation to striking out article 7th in section 1st, chapter 2d, of the Constitution, and that the resolve which the Committee had reported ought to pass. ordered to a second reading. The Report was accepted, and the resolve was Mr. EARLE, of Worcester, moved that the resolve take its second reading at this time. Unanimous consent being given, the resolve was then read a second time and passed. Mr. EARLE, of Worcester, moved that the Convention resolve itself into Committee of the Whole upon the resolve reported by the Committee on the Frame of Government in relation to the State Census. The Convention accordingly resolved itself into COMMITTEE OF THE WHOLE, Mr. Hooper, of Fall River, in the Chair, and proceeded to consider the said resolve, which was read as follows: Resolved, That the Constitution be so amended as to require that a census of the State be taken in the year 1855, and on every tenth year from and after that period. Mr. EARLE. I move to amend that resolve by inserting after the words "census of the," the words "whole population of the," so that the resolve will read as follows: Resolved, That the Constitution be so amended as to require that a census of the whole population of the State be taken in the year 1855, and on every tenth year from and after that period. The object of the amendment which I have offered, is, to provide that in taking the State census the entire population of the State shall be taken. Heretofore the practice has been to take that portion only upon which representation is based, and the effect of it is, that we do not get the entire population; therefore it does not compare with the census which is taken by the United States government. My object is to base it upon the same principle upon which the census is taken by the United States; and then the legislature may provide by law for any distinction or classification they please, or they may take the census as it is now taken, and in addition take all the other population. There has been a general desire, heretofore, that the entire census should be taken, because, as it is now taken, it answers |