Mr. FAY, of Southboro', from the Committee on Leave of Absence, submitted a report granting leave of absence for three weeks to Mr. Houghton, delegate from Stoughton.

The Report was accepted.

At quarter past six o'clock, upon motion of Mr. PHINNEY, for Chatham, the Convention adjourned.

TUESDAY, July 5, 1853.

The Convention assembled pursuant to adjournment, and was called to order by the President, at 10 o'clock.

Prayer by the Chaplain.

The Journal of Friday's proceedings was read.

Communication from the Secretary of the Commonwealth.

The PRESIDENT laid before the Convention a communication from the Secretary of the Commonwealth, furnishing, in conformity with an order of the Convention, a list of the Justices of the Supreme Judicial Court and the Court of Common Pleas; also, enclosing a list of pardons, remissions, restorations and commutations from 1843 to 1852 inclusive.

On motion of Mr. WILSON, of Natick, the communication was laid upon the table, and ordered to be printed.

[July 5th.

upon the legislature in relation to the education of females.

The resolution was approved by the Committee of the Whole, and on motion of Mr. DAVIS, of Worcester, the Committee rose, and by their chairman reported the same to

THE CONVENTION,

With a recommendation that it do pass.

The Report of the Committee of the Whole, was concurred in, and the resolution was ordered to a second reading.

On motion of Mr. WILSON, of Natick, the Convention resolved itself into

COMMITTEE OF THE WHOLE,

Mr. Walker, of North Brookfield, in the Chair, on the Report of the Committee on the Encouragement of Literature, in reference to the establishment of a Board of Education, and a Board of Agriculture, as permanent departments of government, upon which the Committee had reported that it is inexpedient so to alter the Constitution.

The question being on concurring in the resolution reported by the Committee.

Mr. COGSWELL, of Yarmouth, addressed the Committee, as follows: No subject can come before this Convention that is of greater importance than that of popular instruction. The examples of all past ages teach us that education, founded upon principles of virtue and morality, is the most sure, as well as the most desirable defence of the State. Our school-houses and churches are the true symbols of civilization, as temples and pyramids were symbols of ancient civilization. The condition of these is a fair index of the intelligence and virtue of a people.

Learning has ever been the handmaid of virtue

COMMITTEE OF THE WHOLE,

Mr. Parker, of Cambridge, in the Chair, on the Report of the Committee on the Encouragement of Literature, to whom had been referred an order of May 20th, concerning

Female Education,

And the petition of Harriot K. Hunt, on the same subject.

The resolve reported by the Committee was read as follows:

Resolved, That it is not expedient to alter the Constitution so as to confer any additional powers

ness and prosperity as a people. But how are objects so desirable to be fully effected. It is very evident that it is not enough to enact laws favorable to popular education, and not employ sufficient agents, or make sufficient appropriations to carry into effect those laws in their spirit, as well as letter. No reforms can be carried on without reformers; no monied institution is chartered which does not forthwith employ servants to advocate its claims before the public. This is the ordinary and direct way of gaining popular favor, and such a course is equally necessary with all the great moral and educational reforms of the day. Thus, the subject of popular education should be constantly kept before the people; the public sentiment must be educated to appreciate

its glories, and its inestimable benefits. Laws are a dead letter upon the statute book, if they be not also borne in remembrance, and cherished in the hearts of the people. They must not be allowed to forget the dignity and beauty, and utility of common schools; official agents need to be constantly engaged in appealing to the good sense and patriotism of the whole community, in informing them, by lectures, essays, reports, statistics and addresses. This had already been accomplished in our Commonwealth, to a great extent, in the establishment of a Board of Education. How well this Board has done its work, it is hardly necessary to remind you. I cannot let the occasion pass, however, without bearing my humble testimony to the distinguished merits of the past and present secretaries of the Board. They have merited, and will enjoy, the grateful remembrance of the people of Massachusetts. The practical utility of this Board has been abundantly tested, and established. It is almost the only agency, or establishment, that has successfully triumphed over popular caprice, and the changes of legislative policy. It is an established and favored organization of the State. On these accounts your Committee think it unnecessary to recognize its existence, and thus virtually endorse its usefulness in the constitutional instrument we are constructing; but, prefer to leave it where it is, and commit its management in all coming times to the wisdom and fostering care of future legislatures. I move, Mr. Chairman, that the Committee rise and report the resolution to the Convention, with a recommendation that it do pass.

The motion was agreed to, and the Committee accordingly rose, and by their chairman reported the resolution to

THE CONVENTION,

With a recommendation that it do pass.

The Report of the Committee of the Whole was concurred in, and the resolution was ordered to a second reading.

On motion of Mr. WILSON, of Natick, the Convention resolved itself into

COMMITTEE OF THE WHOLE,

Mr. Schouler, of Boston, in the Chair, on the Report of the Committee on the Encouragement of Literature, in reference to the appropriation of moneys for

Sectarian or Denominational Schools. The Report was read, as follows :—

Resolved, That it is expedient so to amend the Constitution, as to provide that no public money

[July 5th.

in this Commonwealth, whether accruing from funds or raised by taxation, shall ever be appropriated for the support of sectarian or denominational schools.

On motion of Mr. PUTNAM, of Wenham, the Committee rose and reported the resolution to

THE CONVENTION,

With a recommendation that it do pass.

The Report of the Committee of the Whole was concurred in, and the resolution was ordered to a second reading.

Mr. KINGMAN, of West Bridgewater, moved a suspension of the rules, with the view of taking up for consideration the resolution reported by the Committee on the Encouragement of Literature in reference to the subject of appropriating money for the support of

Sectarian Schools.

The motion was, upon a division-ayes, 92; noes, 28; two-thirds of those voting being in favor thereof-decided in the affirmative. The resolution was again read :—

Resolved, That it is expedient so to amend the Constitution, as to provide that no public money in this Commonwealth, whether accruing from funds or raised by taxation, shall ever be appropriated for the support of sectarian and denominational schools.

The question being on its final passage.

Mr. TYLER. I beg to inquire, Sir, whether the term school, includes all academies and seminaries of learning; or whether it is confined to what are called common schools. It seems to me, the thing is indefinite as it stands. The word school, I apprehend, in its common acceptation, must mean all institutions of learning.

Mr. COGSWELL. As the chairman of the Committee from which this Report was made, is not present to reply to the inquiry of the gentleman, I will state, that the view taken by the Committee was, that the schools intended are those to, which public money is appropriated, whether received from the State funds or from taxation. The Committee thought the matter sufficiently plain, and that no further explanation

was necessary.

Mr. BIRD, of Walpole, moved that when the question is taken, it be taken by yeas and nays. The motion was not agreed to-there being, on a division, ayes, 35; nays, 82-and the yeas and nays were not ordered.

Mr. WARNER, of Wrentham, moved that the further consideration of the subject be postponed until to-morrow.

Tuesday,]

The motion was, upon a division-ayes, 60; noes, 47-decided in the affirmative.

On motion of Mr. BIRD, of Walpole, the Convention resolved itself into

COMMITTEE OF THE WHOLE,

Mr. Sumner, for Otis, in the Chair, and proceeded to consider the scries of resolutions reported by the Committee on Oaths and Subscriptions,

Concerning Oaths, the Incompatibility of Offices, the Enacting Style, the subject of Attachment on Mesne Process, and Election of Bank Officers. Mr. HOOPER moved to amend the first resolve, by striking out the words "the legislature," and inserting the word "law."

Mr. BRINLEY, of Boston. I rise, Sir, to move an amendment, though I must confess that I have no great faith in the success of my proposition, because it is one of a rather conservative character. I, nevertheless, move to strike out the third resolve reported by the Committee, which is the following :

:

3. Resolved, That the eighth article of the sixth chapter be amended by striking out the words "Senate and House of Representatives in," and the words "assembled and by the authority

of the same," and by adding the words "of Massachusetts," so that the article as amended shall read:

ARTICLE VIII. The enacting style in making and passing all acts, statutes, and laws, shall be: Be it Enacted by the General Court of Massachusetts.

This resolve proposes to change the form which has always been in use with regard to the enactment of laws. The phraseology which is proposed by the amendment may be a little more terse, but I see no benefit to result from its adop tion; and I am indisposed to make changes unless there is some valid and strong reason for them. We have become so much accustomed to the phraseology now in use, that I much prefer to retain it.

I make the motion to strike out the resolve, and those gentlemen who entertain the same regard which I entertain for old forms, will vote for the motion; while those who are disinclined to retain the old phraseology, but prefer that recommended in the Report of the Committee, will, of course, vote against the motion to strike out.

I do not propose to make any extended remarks, but merely to indicate my preference to a form of expression which is old and familiar to us all.

Mr. STETSON, of Braintree. I am not one of the legal profession, and therefore have not that reverence for forms and ceremonies which I other

[July 5th.

wise should have. I shall support the resolve as reported by the Committee; and for this reason, I do not see why, in remodeling the frame of government, we should not make use of such terms as will be an improvement upon the old order of things. I am in favor of all improvements which shall conduce to the prosperity and welfare of the Commonwealth. I am not prepared to say whether this change is one calculated to conduce to the general prosperity and welfare or not; but if it is a change that will relieve us from the use of any unnecessary or obsolete term, and which will give us in its place one more brief and more intelligible, I am in favor of it.

Now, Sir, I am aware that gentlemen who have read Blackstone, &c., hold on to the old forms of expression. I do not know whether they are even ready to acquiesce in the new order of things relative to our laws, which was adopted a few years ago, for the reason that they have become so much accustomed to a settled form of expression, that any change disarranges all their order of proceedings and habits of thought. I suppose this is the reason why so many cling to the old forms, originating in the aristocracy of England, and handed down to us by our forefathers, which consisted in a multiplication of words to such an extent that the common people could not understand the purport of a legal document at all. For instance, in filling out a writ, such a confused mass of words were employed that no person but a lawyer could understand it, unless it was that portion which pertains to himself when the officer claps his hand upon his shoulder.

I trust the Convention will adopt the Report as submitted by the Committee, because there is nothing unreasonable about it, and because it proposes a form of expression which it seems to me is preferable to that now used.

Mr. KINGMAN, of West Bridgewater. As the chairman of the Committee which reported these resolutions, (Mr. Butler, of Lowell,) is not now in his seat, and as I am a member of that Committee, I think it proper to state to the Convention that the Committee unanimously recommended this reform. The principle argument urged in Committee was that it would save a great deal of writing. Gentlemen of the legal profession are, of course, more familiar with this subject than I am. But the Committee were unanimously of the opinion that it would be better to shorten the enacting style. In the course of a year, whatever form is adopted, must be repeated a great many times, involving a great amount of writing.

Mr. UPTON, of Boston. I hope the amend

ment of my colleague will prevail. There is no occasion for using the words "General Court of Massachusetts." If the only object is to shorten the sentence, it would be best to strike out the words "General Court," or " Massachusetts," and insert the words "the legislature." It seems that the phraseology of the Constitution, as it stands at present, although it is rather long, is better than the term "be it enacted by the General Court." But if we are intending to alter the phraseology we had better use the phraseology of my colleague, (Mr. Brinley).

Mr. WILSON. The term "General Court" is the Constitutional name of the legislature. I think the Report of the Committee makes an improvement in the Constitution. The enacting clause now reads as follows::

"Be it enacted by the Senate and House of Representatives in General Court assembled, &c."

The proposition now made is simply to say: "Be it enacted by the General Court of Massachusetts." That is the constitutional name of the legislature, and it is as brief as we can make it. I think it is a decided improvement over the present enacting clause, and I hope the motion made by my friend from Boston, (Mr. Brinley,) will not prevail. The expression made use of by the Committee is more brief than the term which the gentleman proposes to retain.

Mr. EARLE, of Worcester. I move to amend the amendment by striking out the words "of Massachusetts," and then it will make it just what I desire. It appears to me that the words "of Massachusetts" are entirely superfluous. They are not used even in the old form, and it seems unnecessary to make use of them here. suppose that my amendment would strictly take precedence of the other, as it is to perfect the section.

I

Mr. BRINLEY. I have not, myself, considsidered that it was incumbent upon us to make great changes in the phraseology of the Constitution, and I presume if I were to sit down and criticise it much, I could find little inaccuracies which would admit of improvement. For instance, in the Constitution the legislature is called a general court, and in one or two instances "General Assembly," but we have been so long acting under these provisions that we perfectly understand them, and although, if we were making a Constitution anew, we might attempt to preserve entire consistency throughout, yet I do not think it is so important in the present instance. I think that the argument used in favor of the expression reported by the Committee, that it is a little more brief, is not entitled to much weight. I have no

[July 5th.

And

Mr. BRINLEY. I do not think it is necessary, by any means for us, that we should busy ourselves about mere phraseology in the Constitution when we understand it as it now exists. therefore, although I might say, if it were a new question entirely, that we might use a better form, still, situated as we are, and with the experience of seventy odd years, I would prefer that it should remain as it is, for the very reason that I do not care to change the phraseology of the Constitution. For instance, the phrase "General Assembly" is used. If a motion was made to strike it out, unless it was necessary to do so, I should vote against it, because it produces no harm at present. So with regard to the present enacting clause. If it produces no harm, I shall abide by it, and vote against the adoption of a new form. It is not very probable that any proposition which comes in conflict with the Report of the Committee will be adopted, and I have, therefore, no great faith that the motion I made will succeed. I leave the matter, then, in the hands of the Committee, feeling satisfied that my amendment will be rejected. The question was then taken upon Mr. Earle's amendment and it was rejected.

Mr. EARLE. I hope now that the motion made by the gentleman from Boston, (Mr. Brinley,) will prevail, inasmuch as the motion which I made has been rejected. The object of the Committee, as I understand it, is merely for the purpose of shortening the phraseology. If this is the object, why incorporate a word in the phrase which adds nothing to its meaning. The laws are headed" Commonwealth of Massachusetts," and then comes the enacting clause. It appears to me that inserting the word Massachusetts there again is tautological, and I should much prefer the present enacting clause to this one with the words "of Massachusetts" remaining in it. I therefore shall vote for striking out, and hope the motion will prevail. I think the existing clause far preferable to the one reported by the Committee.

Mr. WALKER, of North Brookfield. I hope the motion now before the Committee will prevail. If the Constitution should be submitted to the people in detail, this should make one of

Tuesday,]

the questions as much as anything else. I do not think it worth while to encumber ourselves with a matter of so little importance.

Mr. WILSON, of Natick. It seems to me, that these reformers are getting some rather queer notions this morning. A short time since some of us were in favor of changing the Constitution in very many respects. To-day I find that it is not worth while to make a very great change unless it is absolutely necessary. My friend from Worcester, because he lost his amendment, is in hopes that the amendment moved by the gentleman from Boston, (Mr. Brinley,) will prevail. I would have liked his amendment very well, and I think the phrase as reported by the Committee would have been better, if it had been adopted. I hope the resolution as reported by the Committee will be adopted, as I consider it a marked and decided improvement upon the other phraseology. I see no necessity whatever for retaining this long enacting clause now used in acts of the legislature. | The one proposed by the Committee is brief, and expresses all that is necessary to be expressed, and I hope that the report of the Committee will be sustained by this Committee and Convention. In some States they use the term "people." In the State of New York the enacting clause is, "Be it enacted by the people of the State of New York in General Assembly." So in some of the Western States they use the same term. We have decided to retain the words "general court" as the title of the legislature of Massachusetts. I hope the Report of the Committee will be sustained, and I think we need not give ourselves any apprehension about the trouble in regard to it, which will be incurred by the people.

Mr. HOOPER, of Fall River. I hope that the Constitution will be amended, whenever it is susceptible of improvement. I did entertain the hope that we were thoroughly revising the Constitution and that we had given up the idea of submitting the amendments separately. I desire to give them all a thorough revision and make improvements wherever we can, whether in matter or phraseology. I think this is an improvement which the Committee have reported, but it does not exactly meet my views. I should prefer a different phraseology. A form of expression like this, "Be it enacted by the people represented in general court," would suit me better. And for the purpose of presenting that question, I would move to amend the proposition of the gentleman from Boston, (Mr. Brinley,) so as to strike out and insert the following:-" Be it enacted by the people represented in general court." I think it will be a decided improvement upon the present amendment and likewise upon

[July 5th.

the Report of the Committee. I am in hopes that the Committee will change the phraseology of the enacting clause, as I have suggested; otherwise I hope the motion of the gentleman from Boston, (Mr. Brinley,) will not prevail, and that the Report of the Committee may stand as it is at present.

I

Mr. FROTHINGHAM, of Charlestown. think in the first place we are considering a matter of considerable consequence to the whole resolve, without the presence of the chairman of the Committee, and I rise merely to make a suggestion whether in this matter of mere phraseology it would not be full as well to let the resolves as they stand go into Convention, and then make the amendments which may be determined upon there. In relation to the enacting style, I have not paid much attention to it, but it seems to me that the suggestion of the gentleman from Fall River, (Mr. Hooper,) is a very good one in the main. It seems to me by that phrase we would retain whatever of the old rust might be agreeable, and at the same time incorporate into the Constitution what there was of the new principle which has been adopted throughout the country.

Now, in New York and other States, the enacting clause is so framed, that it indicates the precise fact in relation to the laws, that the people do ordain their law through their representatives in general court, or in the Senate and House of Representatives assembled. It is worth something to ask, whether it would not be a change, or something more than a mere change in name and form, to alter the enacting style. I believe that, at present, the style is, "Be it enacted by the General Court, &c."

Mr. EARLE. It is, "Be it enacted by the Senate and House of Representatives in General Court assembled."

Mr. FROTHINGHAM. It is quite a long title, and if we could get rid of it, it might be quite well to do it. I retain, however, the impression with which I rose, that it might be well to amend it in Committee, and adopt the substance of the resolve, as reported by the Committce.

Mr. UPTON, of Boston. I suppose the only substance in this resolve, is the change in the phraseology. I regret to see such a difference of opinion among those who are trying to reform the Constitution, this morning. [Laughter.] But it does seem to me there was some little sense in the remark I made when I was up before, that if you make any change from the original form, you had better shorten it as much as possible. It strikes me it would be as well to leave it, "Be it enacted." I do not know about these mere