(July 5th.

the registry of all notes or bills authorized by upon the legislature in relation to the education general laws to be issued or put in circulation as

of females. money; and shall require ample security for the

The resolution was approved by the Committee redemption of such notes, in specie.

of the Whole, and on motion of Mr. DAVIS, of Referred to the Committee of the Whole and Worcester, the Committee rose, and by their chairordered to be printed.

man reported the same to Leave of Absence.

THE CONVENTION, Mr. FAY, of Southboro', from the Committee With a recommendation that it do pass. on Leave of Absence, submitted a report grant

The Report of the Committee of the Whole, ing leave of absence for three weeks to Mr.

was concurred in, and the resolution was ordered Houghton, delegate from Stoughton.

to a second reading. The Report was accepted.

On motion of Mr. WILSON, of Natick, the
At quarter past six o'clock, upon motion of Convention resolved itself into
Mr. PHINNEY, for Chatham, the Convention

Mr. Walker, of North Brookfield, in the Chair,

on the Report of the Committee on the EncourTUESDAY, July 5, 1853.

agement of Literature, in reference to the estab

lishment of a Board of Education, and a Board The Convention assembled pursuant to ad- of Agriculture, as permanent departments of journment, and was called to order by the Pres

government, upon which the Committee had reident, at 10 o'clock.

ported that it is inexpedient so to alter the ConPrayer by the Chaplain.

stitution. The Journal of Friday's proceedings was read. The question being on concurring in the reso

lution reported by the Committee. Communication from the Secretary of the Com- Mr. COGSWELL, of Yarmouth, addressed monwealth.

the Committee, as follows: No subject can come The PRESIDENT laid before the Convention a before this Convention that is of greater imporcommunication from the Secretary of the Com- tance than that of popular instruction. The exmonwealth, furnishing, in conformity with an amples of all past ages teach us that education, order of the Convention, a list of the Justices of founded upon principles of virtue and morality, the Supreme Judicial Court and the Court of is the most sure, as well as the most desirable deCommon Pleas; also, enclosing a list of pardons, fence of the State. Our school-houses and churches remissions, restorations and commutations from are the true symbols of civilization, as temples 1843 to 1852 inclusive.

and pyramids were symbols of ancient civilizaOn motion of Mr. WILSON, of Natick, the tion. The condition of these is a fair index of communication was laid upon the table, and the intelligence and virtue of a people. ordered to be printed.

Learning has ever been the handmaid of virtue On motion of Mr. WILSON, of Natick, the and upon these two elements depend our happiConvention resolved itself into

ness and prosperity as a people. But how are

objects so desirable to be fully effected. It is very THE WHOLE,

evident that it is not enough to enact laws favorMr. Parker, of Cambridge, in the Chair, on the able to popular education, and not employ suffiReport of the Committee on the Encouragement cient agents, or make sufficient appropriations to of Literature, to whom had been referred an carry into effect those laws in their spirit, as well order of May 20th, concerning

as letter. No reforms can be carried on without

reformers; no monied institution is chartered Female Education,

which does not forth with employ servants to adAnd the petition of Harriot K. Hunt, on the same

vocate its claims before the public. This is the subject.

ordinary and direct way of gaining popular favor,

and such a course is equally necessary with all The resolve reported by the Committee was read as follows:

the great moral and educational reforms of the

day. Thus, the subject of popular education Resolved, That it is not expedient to alter the should be constantly kept before the people; the Constitution so as to confer any additional powers public sentiment must be educated to appreciate




[July 5th.

its glories, and its inestimable benefits. Laws are in this Commonwealth, whether accruing from a dead letter upon the statute book, if they be not funds or raised by taxation, shall ever be approalso borne in remembrance, and cherished in the priated for the support of sectarian or denomina

tional schools. hearts of the people. They must not be allowed to forget the dignity and beauty, and utility of

On motion of Mr. PUTNAM, of Wenham, the common schools ; official agents need to be con

Committee rose and reported the resolution to stantly engaged in appealing to the good sense and patriotism of the whole community, in informing

THE CONVENTION, them, by lectures, essays, reports, statistics and

With a recommendation that it do pass. addresses. This had already been accomplished

The Report of the Committee of the Whole was in our Commonwealth, to a great extent, in the

concurred in, and the resolution was ordered to a establishment of a Board of Education. How

second reading. well this Board has done its work, it is hardly

Mr. KINGMAN, of West Bridgewater, moved necessary to remind you. I cannot let the occa

a suspension of the rules, with the view of taking sion pass, however, without bearing my humble

up for consideration the resolution reported by the testimony to the distinguished merits of the past Committee on the Encouragement of Literature and present secretaries of the Board. They have in reference to the subject of appropriating money merited, and will enjoy, the grateful remembrance

for the support of of the people of Massachusetts. The practical utility of this Board has been abundantly tested,

Sectarian Schools. and established. It is almost the only agency, or

The motion was, upon a division-ayes, 92 ; establishment, that has successfully triumphed over popular caprice, and the changes of legislative noes, 28; two-thirds of those voting being in

favor thereof-decided in the affirmative. policy. It is an established and favored organiza

The resolution was again read :tion of the State. On these accounts your Committee think it unnecessary to recognize its exist

Resolved, That it is expedient so to amend the ence, and thus virtually endorse its usefulness in Constitution, as to provide that no public money the constitutional instrument we are constructing ; | in this Commonwealth, whether accruing from but, prefer to leave it where it is, and commit its

funds or raised by taxation, shall ever be appromanagement in all coming times to the wisdom priated for the support of sectarian and denomi

national schools. and fostering care of future legislatures. I move, Mr. Chairman, that the Committee rise and report The question being on its final passage. the resolution to the Convention, with a recom

Mr. TYLER. I beg to inquire, Sir, whether mendation that it do pass.

the term school, includes all academies and semiThe motion was agreed to, and the Committee naries of learning; or whether it is confined to accordingly rose, and by their chairman reported what are called common schools. It seems to me, the resolution to

the thing is indefinite as it stands. The word

school, I apprehend, in its common acceptation, THE CONVENTION,

must mean all institutions of learning. With a recommendation that it do pass.

Mr. COGSWELL. As the chairman of the The Report of the Committee of the Whole was Committee from which this Report was made, is concurred in, and the resolution was ordered to a not present to reply to the inquiry of the gentlesecond reading.

man, I will state, that the view taken by the On motion of Mr. WILSON, of Natick, the Committee was, that the schools intended are Convention resolved itself into

those to , which public money is appropriated,

whether received from the State funds or from COMMITTEE OF THE WHOLE,

taxation. The Committee thought the matter Mr. Schouler, of Boston, in the Chair, on the sufficiently plain, and that no further explanation

was necessary. Report of the Committee on the Encouragement of Literature, in reference to the appropriation of

Mr. BIRD, of Walpole, moved that when the moneys for

question is taken, it be taken by yeas and nays.

The motion was not agreed to—there being, on Sectarian or Denominational Schools. a division, ayes, 35; nays, 82—and the yeas and

nays were not ordered. The Report was read, as follows :

Mr. WARNER, of Wrentham, moved that the Resolved, That it is expedient so to amend the further consideration of the subject be postponed Constitution, as to provide that no public money I until to-morrow.



(July 5th.

The motion was, upon a division-ayes, 60 ; wise should have. I shall support the resolve as noes, 47-decided in the affirmative.

reported by the Committee ; and for this reason, On motion of Mr. BIRD, of Walpole, the Con- I do not see why, in remodeling the frame of vention resolved itself into

government, we should not make use of such

terms as will be an improvement upon the old COMMITTEE OF THE WHOLE,

order of things. I am in favor of all improveMr. Sumner, for Otis, in the Chair, and proceeded ments which shall conduce to the prosperity and to consider the series of resolutions reported by welfare of the Commonwealth. I am not prethe Committee on Oaths and Subscriptions, pared to say whether this change is one calculated

to conduce to the general prosperity and welfare Concerning Oaths, the Incompatibility of Offices, or not; but if it is a change that will relieve

the Enacting Style, the subject of Attachment on us from the use of any unnecessary or obsolete Mesne Process, and Election of Bank Officers. term, and which will give us in its place one Mr. HOOPER moved to amend the first re

more brief and more intelligible, I am in favor

of it. solve, by striking out the words “the legislature,” and inserting the word “ law.”

Now, Sir, I am aware that gentlemen who have Mr. BRINLEY, of Boston. I rise, Sir, to

read Blackstone, &c., hold on to the old forms of move an amendment, though I must confess that expression. I do not know whether they are I have no great faith in the success of my propo

even ready to acquiesce in the new order of things sition, because it is one of a rather conservative relative to our laws, which was adopted a few character. I, nevertheless, move to strike out the

years ago, for the reason that they have become third resolve reported by the Committee, which

so much accustomed to a settled form of expresis the following :

sion, that any change disarranges all their order

of proceedings and habits of thought. I suppose 3. Resolved, That the eighth article of the sixth this is the reason why so many cling to the old chapter be amended by striking out the words forms, originating in the aristocracy of England, “Senate and House of Representatives in,” and and handed down to us by our forefathers, which the words “ assembled ” « and by the authority of the same,” and by adding the words of consisted in a multiplication of words to such an Massachusetts," so that the article as amended

extent that the common people could not undershall read :

stand the purport of a legal document at all. For ARTICLE VIII. The enacting style in making instance, in filling out a writ, such a confused and passing all acts, statutes, and laws, shall be :

mass of words were employed that no person but Be it Enacted by the General Court of Massa

a lawyer could understand it, unless it was that chusetts.

portion which pertains to himself when the officer This resolve proposes to change the form which claps his hand upon his shoulder. has always been in use with regard to the enact- I trust the Convention will adopt the Report ment of laws. The phraseology which is pro

as submitted by the Committee, because there is posed by the amendment may be a little more

nothing unreasonable about it, and because it terse, but I see no benefit to result from its adop proposes a form of expression which it seems to tion; and I am indisposed to make changes unless me is preferable to that now used. there is some valid and strong reason for them. Mr. KINGMAN, of West Bridgewater. As We have become so much accustomed to the the chairman of the Committee which reported phraseology now in use, that I much prefer to re- these resolutions, (Mr. Butler, of Lowell,) is not tain it.

now in his seat, and as I am a member of that I make the motion to strike out the resolve, Committee, I think it proper to state to the Conand those gentlemen who entertain the same re- vention that the Committee unanimously recomgard which I entertain for old forms, will vote for mended this reform. The principle argument the motion ; while those who are disinclined to urged in Committee was that it would save a retain the old phrascology, but prefer that recom- great deal of writing. Gentlemen of the legal mended in the Report of the Committee, will, of profession are, of course, more familiar with this course, vote against the motion to strike out. subject than I am. But the Committee were

I do not propose to make any extended remarks, unanimously of the opinion that it would be betbut merely to indicate my preference to a form of ter to shorten the enacting style. In the course expression which is old and familiar to us all. of a year, whatever form is adopted, must be re

Mr. STETSON, of Braintree. I am not one peated a great many times, involving a great of the legal profession, and therefore have not that amount of writing. reverence for forms and ceremonies which I other- Mr. UPTON, of Boston. I hope the amendTuesday,]


[July 5th.


ment of my colleague will prevail. There is no doubt that most of the members of this Convenoccasion for using the words “ General Court of tion, relying upon their memories, would find the Massachusetts.” If the only object is to shorten words “ Be it enacted by the Senate and IIouse the sentence, it would be best to strike out the of Representatives, in General Court assembled," words “General Court,” or “ Massachusetts," and flowing to their lips more readily than the form of insert the words “the legislature.” It seems that phraseology now used, and those who should try the phraseology of the Constitution, as it stands their hands at drasting would make mistakes very at present, although it is rather long, is better often, relying upon their memories. than the term “be it enacted by the General Mr. EARLE. We have printed blanks before Court.” But if we are intending to alter the phraseology we had better use the phraseology of

Mr. BRINLEY. I do not think it is necessary, my colleague, (Mr. Brinley).

by any means for us, that we should busy ourMr. WILSON. The term “General Court" is selves about mere phraseology in the Constitution the Constitutional name of the legislature. I when we understand it as it now exists. And think the Report of the Committee makes an im- therefore, although I might say, if it were a new provement in the Constitution. The enacting question entirely, that we might use a better form, clause now reads as follows:

still, situated as we are, and with the experience “Be it enacted by the Senate and House of remain as it is, for the very reason that I do not

of seventy odd years, I would prefer that it should Representatives in General Court assembled, &c.

care to change the phraseology of the Constitution. The proposition now made is simply to say:

For instance, the phrase “ General Assembly' is “ Be it enacted by the General Court of Massa

used. If a motion was made to strike it out, unchusetts.” That is the constitutional name of less it was necessary to do so, I should vote the legislature, and it is as brief as we can make against it, because it produces no harm at present. it. I think it is a decided improvement over the So with regard to the present enacting clause. If present enacting clause, and I hope the motion it produces no harm, I shall abide by it, and vote made by my friend from Boston, (Mr. Brinley,) against the adoption of a new form. It is not will not prevail. The expression made use of by very probable that any proposition which comes the Committee is more brief than the term which in conflict with the Report of the Committee will the gentleman proposes to retain.

be adopted, and I have, therefore, no great faith Mr. EARLE, of Worcester. I move to amend that the motion I made will succeed. I leave the the amendment by striking out the words of matter, then, in the hands of the Committee, feelMassachusetts," and then it will make it just ing satisfied that my amendment will be rejected. what I desire. It appears to me that the words The question was then taken upon Mr. Earle's “ of Massachusetts” are entirely superfluous. amendment and it was rejected. They are not used even in the old form, and it Mr. EARLE. I hope now that the motion seems unnecessary to make use of them here. I made by the gentleman from Boston, (Mr. Brinsuppose that my amendment would strictly take ley,) will prevail, inasmuch as the motion which precedence of the other, as it is to perfect the sec- I made has been rejected. The object of the Comtion.

mittee, as I understand it, is merely for the purMr. BRINLEY. I have not, myself, consid- pose of shortening the phraseology. If this is the sidered that it was incumbent upon us to make object, why incorporate a word in the phrase great changes in the phraseology of the Constitu- which adds nothing to its meaning. The laws tion, and I presume if I were to sit down and criti- are headed “ Commonwealth of Massachusetts," cise it much, I could find little inaccuracies which and then comes the enacting clause. It appears would admit of improvement. For instance, in to me that inserting the word Massachusetts there the Constitution the legislature is called a general again is tautological, and I should much prefer court, and in one or two instances “General As- | the present enacting clause to this one with the sembly," but we have been so long acting under words “of Massachusetts" remaining in it. I these provisions that we perfectly understand therefore shall vote for striking out, and hope the them, and although, if we were making a Consti- motion will prevail. I think the existing clause tution anew, we might attempt to preserve entire far preferable to the one reported by the Comconsistency throughout, yet I do not think it is mittee. so important in the present instance. I think Mr. WALKER, of North Brookfield. I hope that the argument used in favor of the expression the motion now before the Committee will prereported by the Committee, that it is a little more vail. If the Constitution should be submitted brief, is not entitled to much weight. I have no to the people in detail, this should make one of Tuesday,]


[July 5th.

the questions as much as anything else. I do the Report of the Comınittee. I am in hopes not think it worth wł to encumber ourselves that the Com tee will change the phraseology with a matter of so little importance.

of the enacting clause, as I have suggested; otherMr. WILSON, of Natick. It seems to me, wise I hope the motion of the gentleman from that these reformers are getting some rather queer Boston, (Mr. Brinley,) will not prevail, and that notions this morning. A short time since some of the Report of the Committee may stand as it is at us were in favor of changing the Constitution in present. very many respects. To-day I find that it is not Mr. FROTHINGHAM, of Charlestown. I worth while to make a very great change unless think in the first place we are considering a it is absolutely necessary. My friend from Wor- matter of considerable consequence to the whole cester, because he lost his amendment, is in hopes resolve, without the presence of the chairman of that the amendment moved by the gentleman the Committee, and I rise merely to make a sugfrom Boston, (Mr. Brinley,) will prevail. I would gestion whether in this matter of mere phraseolhave liked his amendment very well, and I think ogy it would not be full as well to let the resolves the phrase as reported by the Committee would as they stand go into Convention, and then make have been better, if it had been adopted. I hope the amendments which may be determined upon the resolution as reported by the Committee will there. In relation to the enacting style, I have be adopted, as I consider it a marked and decided not paid much attention to it, but it seems to me improvement upon the other phraseology. I see that the suggestion of the gentleman from Fall no necessity whatever for retaining this long River, (Mr. Hooper,) is a very good one in the enacting clause now used in acts of the legislature. main. It seems to me by that phrase we would The one proposed by the Committee is brief, and retain whatever of the old rust might be agreeable, expresses all that is necessary to be expressed, and and at the same time incorporate into the ConstiI hope that the report of the Committee will be tution what there was of the new principle which sustained by this Committee and Convention. In has been adopted throughout the country. some States they use the term “people.” In the Now, in New York and other States, the enState of New York the enacting clause is, “ Be it acting clause is so framed, that it indicates the enacted by the people of the State of New York precise fact in relation to the laws, that the people in General Assembly.” So in some of the West- do ordain their law through their representatives ern States they use the same term. We have in general court, or in the Senate and House of decided to retain the words “general court" as Representatives assembled. It is worth somethe title of the legislature of Massachusetts. I thing to ask, whether it would not be a change, hope the Report of the Committee will be sus- or something more than a mere change in name tained, and I think we need not give ourselves and form, to alter the enacting style. I believe any apprehension about the trouble in regard to that, at present, the style is, “ Be it enacted by it, which will be incurred by the people.

the General Court, &c.Mr. HOOPER, of Fall River. I hope that the

Mr. EARLE. It is, “Be it enacted by the Constitution will be amended, whenever it is sus

Senate and House of Representatives in General ceptible of improvement. I did entertain the

Court assembled.” hope that we were thoroughly revising the Con

Mr. FROTHINGHAM. It is quite a long stitution and that we had given up the idea of title, and if we could get rid of it, it might be submitting the amendments separately. I desire quite well to do it. I retain, however, the imto give them all a thorough revision and make pression with which I rose, that it might be well improvements wherever we can, whether in to amend it in Committee, and adopt the submatter or phraseology. I think this is an im- stance of the resolve, as reported by the Comprovement which the Committee have reported,

mittce. but it does not exactly meet my views. I should

Mr. UPTON, of Boston. I suppose the only prefer a different phraseology. A form of expres

substance in this resolve, is the change in the sion like this, “Be it enacted by the people rep- phraseology. I regret to see such a difference of resented in general court,” would suit me better. opinion among those who are trying to reform And for the purpose of presenting that question, the Constitution, this morning. (Laughter.] But I would move to amend the proposition of the it does seem to me there was some little sense in gentleman from Boston, (Mr. Brinley,) so as to the remark I made when I was up before, that if strike out and insert the following :—"Be it you make any change from the original form, enacted by the people represented in general you had better shorten it as much as possible. It court.” I think it will be a decided improvement strikes me it would be as well to leave it, “ Be it upon the present amendment and likewise upon

enacted.” I do not know about these mere

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