they confer no new obligations upon future legislatures, their insertion into the Constitution can do no harm, and should excite no apprehensions on the part of any one here or elsewhere. I wish to say, Sir, that I repudiate altogether the idea thrown out yesterday by the gentleman from Lawrence, (Mr. Parsons,) and repeated by others here to-day, that this Constitution is to obtain votes by putting these articles into this Constitution. In my judgment, these articles will gain few votes for the amended Constitution, and few will vote against constitutional reform if they are adopted by the Convention. My esteemed friend from Walpole, (Mr. Bird,) expressed yesterday the opinion that his hostility to this Report, would, if he should be a candidate for public office, cost him the votes of many military men. Military men like a brave man, a gallant foe, and they will commend the gentleman for his unyielding courage in breasting what he believes to be the current of popular opinion. My friend from Walpole intimates that some of us support this Report because it is popular to go for the military. This insinuation is hardly generous in him. My friend from Upton, (Mr. Ball,) who addressed us yesterday with so much feeling and power, told the Convention that the military organization had been the instrument to elevate men into public offices. My friends from Walpole and Upton are not a little mistaken in these views. I do not say, Sir, that men have not been elected to office owing to their connection with the militia of the Commonwealth; but I do say that the members of the volunteer militia are as independent in their political action as any portion of our fellow-citizens. I may speak from some little experience, having been a member of the volunteer militia of Massachusetts for nine years, and having, during those years, held the offices of major, lieutenant-colonel, colonel, and brigadiergeneral. I held the command of a brigade of more than eight hundred men for five years, and during these nine years I made many acquaintances and formed many friendships I shall ever fondly cherish. Not one unkind word ever passed between me and any officer or private of the brigade during my nine years of connection with it. I received from many of my comrades many acts of kindness I hope never to forget. During these years, I was five times a candidate for senator of Middlesex, the county where the members of my brigade resided, and I can truly say that I do not know, or think, that I ever received a single vote owing to my connection with the brigade. Four of the five gentlemen who were members of my staff, while I commanded the brigade, were of a different political faith

[June 21st.

from mine, and I have no reason to think they ever sacrificed their opinions on account of our personal relations as members of a military family. During the years of my connection with the militia, the three distinguished gentlemen whom we are proud to have with us in this Convention, the gentleman from Taunton, (Governor Morton,) the gentleman from Pittsfield, (Governor Briggs,) and the delegate for Berlin, (Governor Boutwell,) reviewed us at different times. Each of these gentlemen, as commander-in-chief, visited different portions of the State, and reviewed the military reviews and encampments, and in so doing they won the approbation of the militia, without distinction of party. But they can tell you, Sir, and the members of the Convention, that while they won the approbation of officers and soldiers for the faithful performance of duty, they won not votes from political opponents. The members of the volunteer militia of Massachusetts are generally men of intelligence and character, who are not won from their political allegiance by the plume and epaulette.

My friend, the delegate for Abington, (Mr. Keyes,) who proposes to vote for the Report-and for this vote I commend him-refers to the services of the militia in the last war with England, and he charges them, in some cases, with cowardice. Cowardice is not an American attribute. That in some cases the militia faltered when called upon to meet the veteran troops of England, the men who had met and vanquished the legions of France on many fields of conflict, under the eyes of veteran chiefs, I admit. My friend refers to the battle of Queenstown Heights, and to the dishonorable conduct of a portion of the militia who halted on the river's bank and discussed constitutional questions, while Scott and Wool and their gallant comrades were nobly fighting to uphold the flag of the country. The militia who stood upon the banks of the Niagara on that day, and saw their comrades struggle against overpowering odds, and muttered out their constitutional objections to crossing over to the shores of the enemy, only repeated the lessons taught them by blinded politicians, who forgot, in the madness of partizanship, the duty of patriotism. The men of New England are not the men to disparage or forget the services rendered to the country by the militiamen. They protected her homes in the long French and Indian wars, which so often desolated her fields from the settlement of Plymouth to the fall of Quebec. To the militia the civil leaders of the Revolution looked for the defenders of liberty and national independence. And the heroic actions of the militia at Lexing

ton, Concord, Bunker Hill, before Boston, at Bennington, Stillwater, Saratoga, and many other fields, prove that they did not look in vain to the militia for the defenders of freedom and national independence. My friend, the delegate for Abington, (Mr. Keyes,) refers to the militia who were called out when Sims was led away into bondage on that April morning. The militia of Massachusetts are bound to obey the civil authorities. The legislature has given to the mayor of the city of Boston power to order out the militia to preserve the public peace, to execute the laws. They came out on that occasion in obedience to the laws of Massachusetts, upon the call of the mayor of Boston. No one has less respect than I have for the actions of the city authorities on that occasion. Upon the civil authorities rest the responsibility of the acts in that drama. The militia are bound to render implicit obedience to the civil authority. That is their constitutional and legal duty. It is not for the militia to determine when they shall and when they shall not obey orders. Obedience to the civil authority is the first and highest duty of the militia. I venture the assertion, knowing, as I do, something of the feelings of military men, that whenever called upon by the civil authority to execute the laws, they will promptly respond to the call, whether the laws be right or wrong. That is not a matter for them to decide. Bayonets must not think, they must obey, they

must execute.

My excellent friend from Boylston, (Mr. Whitney,) has uttered, in the speech he has just made, many noble sentiments of love among men and peace on earth. I love peace not less ardently than my friend from Boylston. The bloodless victories of peace are as dear to me as to him. But I am not one of those men who cry peace when there is no peace, without slavery, injustice and wrong. My friend from North Brookfield, (Mr. Walker,) and others, have spoken of the peace movements in England and on the continent, and of Richard Cobden and others of its leading spirits. I may be in error, but I have sometimes thought that the song which the peace movement has hymned into the ear of Europe during the past five years has made far easier the march of the legions of Russia and Austria upon Hungary and Italy, and the march of the legions of France-of apostate republican France-upon Rome. While the people have listened with softened hearts to the songs of peace, their masters have disarmed them, and sent forth their increasing standing armies to crush every manifestation of freedom, progress, and popular rights. When tyranny is overthrown and freedom established; when stand

[June 21st.

ing armies are disbanded and the people armed for their own protection against arbitrary power; then I would write "peace" on the banners of the people and send them forth to make the tour of the world. My motto is ". Liberty first-peace afterwards."

Mr. FOSTER, of Charlemont. I cannot see these doctrines adopted by the Convention without saying one word against them. I have not the strength to speak now, but if I had I am sure I could make the gentleman who has just taken his seat, (Mr. Wilson,) think differently from what he does now. I could show him a more beautiful side of that subject. I could show him that military force is not the power which will bring about peace on earth. It is the gospel of Jesus Christ which alone can bring about that peace. But I have not strength enough to speak and I must take my seat.

Mr. SUMNER, for Marshfield. I should like to call the attention of the Committee to the precise question on which we are to vote. This does not, as it seems to me, properly open the discussion to which we have been listening. I do not understand that it involves the topics introduced by my friend opposite, (Mr. Wilson): the present condition of Europe, the prospects of the liberal cause in that quarter of the globe, or the extent to which that cause may be affected by the cotemporaneous movement for peace. Nor do I understand that the important considerations introduced by the gentleman on my right, (Mr. Whitney, of Boylston,) as to the extent to which government may be intrusted with the power of the sword, can materially influence our decision. I put these things aside at this time.

The question is on the final passage of the fifteen resolutions reported by the Committee on the Militia; and here let me catch and adopt one word from my friend opposite, (Mr. Wilson). He regretted, if I understood him, that this whole subject was not compressed into one or two resolutions. Am I right?

Mr. WILSON. The gentleman is correct. Mr. SUMNER. I agree with him. I regret that it was not compressed into one or two resolutions. I object to these resolutions for several reasons. In the first place there are too many. In the second place, at least two of them seem to be an assumption of power belonging to congress, and, therefore, at least, of doubtful constitutionality; and in the third place, because twelve of them undertake to control matters which it were better to leave to the legislature.

On the formation of the Constitution of Massachusetts, in 1780, it was natural that our fathers should introduce into it details with regard to the

militia and its organization. The Constitution of the United States had not then been formed. But, since the establishment of this Constitution, the whole condition of the militia is changed. Among the powers expressly given to congress is the power "to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by congress." And congress have proceeded to exercise this power by the organization of a national militia. I submit, that whatever might have been the original inducements to introduce multiform provisions on this subject into the Constitution of Massachusetts, none such exist at this day; and it is impolitic, at least, to introduce them.

But I fear that they are more than impolitic. I will not argue here the question of constitutional law; but I submit to the better judgment of my professional brethren, and I am happy to see some of them lingering at this late hour,-that any attempt, on the part of the State, to interfere, in any way, by addition or subtraction, with the organization of the national militia, is an experiment which we should not introduce into the permanent text of our organic law. If the decisions of the Supreme Court of the United States on the powers of congress are to prevail, then, it seems to me, any such assumption will be unconstitutional and void. In the famous case of Prigg vs. Pennsylvania, after an elaborate discussion at the bar, all State legislation on the subject of fugitive slaves was declared to be unconstitutional and void, while congress were recognized as the sole depository of power on this subject. According to my recollection it was expressly held, that the legislation by congress excluded all State legislation on the same subject, whether to control, qualify, or superadd to the remedy enacted by congress. I commend gentlemen, who are now so swift to introduce these provisions into our Constitution, to the study of this case. It is comparatively recent; and the principle of interpretation which it establishes is as applicable to State laws on the militia as to State laws on fugitive slaves.

But the States are not without power over the militia. In the very grant to congress is a reservation to them as follows: "reserving to the States, respectively, the appointment of the officers and the authority of training the militia, according to the discipline prescribed by congress." And here is precisely what the States can do. They may appoint the officers and train the militia.

- BRIGGS.

[June 21st.

Now, Sir, the first two resolutions before us transcend the powers of the State. They touch the enrolment and organization of the militia, and on this account are an assumption of power forbidden by the principle to which I have referred. The other thirteen resolutions, with the exception of the seventh, are in the nature of a military code, concerning the choice of officers; all of which should be left to the action of the legislature.

In conformity with these views, Mr. President, and in the hope of presenting a proposition on which the Convention may unite, I propose to strike out all after the preamble and insert two resolutions, as follows:—

Art. 1. The Governor shall be the Commanderin-Chief of the Army and Navy of the State, and the Militia thereof, excepting when these forces shall be actually in the service of the United States; and shall have power to call out the same to aid in the execution of the laws, to suppress insurrection, and to repel invasion.

Art. 2. The appointment of officers and the training of the Militia shall be regulated in such manner as may hereafter be deemed expedient by the legislature, and all persons who, from scruples of conscience, shall be averse to bearing arms, shall be excused on such conditions as shall hereafter be prescribed by law.

The first of these resolutions is identical with the seventh resolution of the Committee. The second provides for the exercise, by the legislature, of the powers expressly reserved to the States, over the appointment of officers and the training of the militia; and taking advantage of the Act of congress, which allows the States to determine who shall be exempted from military duty, it plants in the text of the Constitution a clause by which this immunity is secured to all persons, who, from scruples of conscience, shall be averse to bearing arms. I believe we cannot go far beyond these without doing too much, while these seem to me to be enough. I send the resolutions to the Chair, and leave the Convention to dispose of them as they think proper.

Mr. CHURCHILL, of Milton. I regret that the chairman of the Committee which reported these resolutions (Mr. Oliver, of Lawrence) is not present to present his own views upon this amendment, and upon the Report which he has, with so much ability, and after so much experience, prepared. But not expecting this subject to come up this afternoon he is not here.

I do not propose to discuss the question before us, I rise simply to say that I hope the amend ment offered by the gentleman for Marshfield will not be adopted.

Mr. BRIGGS, of Pittsfield, (interposing). If

Wednesday,]

SUMNER-DENTON.

[June 22d.

the gentleman will allow me a suggestion, it seems to me that, at this late hour, we hardly ought to undertake to reverse all that we did yesterday; especially in the absence of the chairman of the Committee, (Mr. Oliver,) who, I know, takes a very deep interest in the matter. I would therefore suggest that the resolutions offered by the gentleman for Marshfield be printed, and that the subject be postponed until to-morrow, or until sometime when the gentleman from Lawrence can be here to listen to the arguments brought forward in favor of the amendment, and when he shall have an opportunity to defend his Report. It seems to me that this is nothing more than fairness to that gentleman, and I would therefore suggest to the gentleman from Milton (Mr. Churchill) that he pursue that course.

Mr. BRADBURY, of Newton. There is another reason-if other reasons are necessary— for the adoption of the suggestion of the gentleman from Pittsfield, (Mr. Briggs,) and for postponing this subject until some other time. There is a lapping of jurisdiction between two Committees upon this subject. The Committee upon the subject of governor have made a Report which is among the printed documents in the hands of the Committee of the Whole, touching this subject, which conflicts directly with the proposition of the honorable gentleman for Marshfield, (Mr. Sumner). I refer to that provision which relates to the duty of governor as commander-in-chief of the militia. But the chairman of the Committee on the subject of the governor has not been present to-day and another gentleman who takes an interest in this subject and who is well able to defend the action of that Committee on this subject, is also absent. That is another reason-if other reasons are wantedwhy the Conve: tion should not dispose of this subject at present.

Mr. CHURCHILL. I am not anxious to go on with this discussion to-night. I only wished that the question should not be taken upon the amendment proposed by the gentleman for Marshfield without something being said against the adoption of that amendment. If it is agreeable to the Convention, I will move that the amendment be printed and then that the Convention adjourn. The PRESIDENT. It is hardly competent for the gentleman at this stage of the proceedings to move that the amendment be printed. He can move an adjournment and the Convention can order the amendment printed at some future time.

Mr. BRIGGS. I hope by unanimous consent the Convention will order these papers to be printed.

On motion of Mr. CHURCHILL, of Milton, the Convention, at o'clock, adjourned till tomorrow at 9 o'clock, A. M.

WEDNESDAY, June 22, 1853.

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

Prayer by the Chaplain.
The Journal of yesterday was read.

Resolve relating to the Judiciary.

Mr. SUMNER, for Otis, offered the following resolution, which was referred to the Committee of the Whole, and ordered to be printed.

Resolved, That it is expedient to amend the Constitution, as follows:

The tenure that all Judicial Officers shall have by law in their offices, excepting those concerning whom there is a different provision made in the Constitution, shall be ten years; provided, however, they may be removed from office by the executive upon the address of a majority of the members present of each House of the Legislature; but no address for the removal of any Judicial Officer shall pass either House of the Legislature until the

causes of such removal are first stated, and entered on the journal of the House in which it shall originate, and a copy thereof served on the person in office, so that he may be admitted to a hearing in his defence before each of said Houses.

The present Justices of the Supreme Judicial Court and Court of Common Pleas, shall hold their offices according to their respective commissions; but hereafter, when any vacancy in said offices shall occur, it shall be filled by election by the qualified voters of the Commonwealth, and the person elected shall be commissioned by the executive.

The Legislature shall, by law, regulate the mode of elections for filling said offices, and of ascertaining who is chosen.

Former incumbents of either of said offices shall be eligible to re-election.

Petition-Corporate Bodies.

Mr. DENTON, of Chelsea, presented the following petition, which was referred to the Committee of the Whole, viz.: the petition of A. T. Willard, and thirty-three others, legal voters of Chelsea, praying "that the Committee on the Frame of Government consider the expediency of so amending the Constitution of this Commonwealth, that all corporate bodies shall be organized under general laws, thereby obviating the necessity for special legislation, and the granting of powers and privileges that cannot be enjoyed

Wednesday,]

[June 22d.

Votes, &c.

Mr. ROCKWELL, of Pittsfield, presented the petition of Edward A. Newton and Henry H. Childs, and one hundred and fifteen others, citizens of Pittsfield, embracing the following suggestions, as constitutional amendments.

First.-To establish the daily pay of members of the Legislature; and to limit the days paid for, in each year, to a number not exceeding one hundred days.

Second.-To substitute the principle of plurality for that of the majority in elections.

Third.-To divide the State into forty districts; each dictrict to elect one Senator, and five Representatives; the Senators to be chosen for two years; the Representatives annually.

Fourth. To restrict the Legislative Power in granting loans, upon the credit of the State, by requiring the submission of such laws to the people for approval.

The petition, on motion of Mr. ROCKWELL, was referred to the several Committees having the subjects alluded to in charge.

Report.

Mr. WALKER, of North Brookfield, submitted the following Report from a Committee :

COMMONWEALTH OF MASSACHUSETTS.

In Convention, June 21, 1853. The Committee on the Qualifications of Voters, to whom was referred an order of the 16th instant, respecting loss of residence in consequence of absence while on the business of this State, or of the United States; and also respecting idiots, insane persons, and persons convicted of infamous crimes, have considered the same, and report the following Resolutions.

AMASA WALKER, Chairman.

1. Resolved, That the Constitution be so amended as to provide that no person shall be deemed to have lost his residence in this Commonwealth, by reason of his absence while on the business of this State, or of the United States.

2. Resolved, That no idiot, or insane person, or person convicted of a felony, unless pardoned, and restored to the right of suffrage, shall be entitled to vote in any election.

The Report was referred to the Committee of the Whole, and ordered to be printed.

Justices of Supreme Judicial Court. Mr. WILSON, of Natick, offered the following resolution, which was referred to the Committee of the Whole and ordered to be printed.

Resolved, That it is proper and expedient so to

That, in the opinion of the Committee, this Convention cannot incorporate into the Constitution of Massachusetts any provision which shall conflict with the laws of the United States, and cannot therefore act in accordance with the request of the petitioners. But, inasmuch as the present organization of the militia of the Commonwealth is founded upon a system of voluntary, and not of compulsory service, a service not contemplated by the laws of the United States, and as this system authorizes "the commanderin-chief, or the mayor and aldermen of any city, or the selectmen of any town, in the Commonwealth, to grant petitions for raising companies at large, provided the whole number of these companies shall not exceed one hundred and twenty," [1840, § 12, and 1843, ch. 84, § 4,] and as no reference is, in this provision of the law, made to color, the Committee believe the whole subject to be within the control and authority of the officers just named. They therefore advise that it is inexpedient for the Convention to act thereon.

For the Committee,

HENRY K. OLIVER, Chairman.

The Report having been read

Mr. WHITNEY, of Boylston. I would like to say one word upon that Report. I am no military man, as is well known, but yet I cannot see why the color of a man's skin should prevent