Monday,] Edwards, Elisha Fay, Sullivan Fellows, James K. Fisk, Lyman Foster, Aaron Foster, Abram Fowle, Samuel French, Charles A. Hobart, Henry Hood, George NAYS-ABSENT. Nayson, Jonathan Nute, Andrew T. Osgood, Charles Packer, E. Wing Paine, Benjamin Paine, Henry Parris, Jonathan Partridge, John Penniman, John Perkins, Daniel A. Perkins, Noah C. Phinney, Silvanus B. Pierce, Henry Pool, James M. Powers, Peter Putnam, John A. Rantoul, Robert Rice, David Richards, Luther Richardson, Daniel Richardson, Nathan Richardson, Samuel H. Spooner, Samuel W. Crosby, Leander Davis, Solomon Denison, Hiram S. Ely, Homer Farwell, A. G. Gilbert, Wanton C. Giles, Joel Hale, Nathan Hammond, A. B. Hayward, George Hillard, George S. Hinsdale, William Houghton, Samuel Hunt, William Hurlburt, Samuel A. Jenkins, John Jenks, Samuel H. Kellogg, Giles C. Ladd, John S. [August 1st. Miller, Seth, Jr. Parker, Adolphus G. White, Benjamin Wilkinson, Ezra Williams, Henry Marvin, Theophilus R. Wilson, Milo Abbott, Alfred A. Abbott, Josiah G. Adams, Shubael P. Allen, Charles Allen, Parsons Andrews, Robert Appleton, William Atwood, David C. Ayres, Samuel Ballard, Alvah Banks, Nathaniel P., Jr. Dehon, William Bartlett, Sidney Bates, Eliakim A. Bennett, William, Jr. Churchill, J. McKean DeWitt, Alexander Doane, James C. Copeland, Benjamin F. Cressy, Oliver S. Crowell, Seth Fiske, Emery Henry, Samuel Hewes, James Monday,] Heywood, Levi Hobart, Aaron Hobbs, Edwin Holder, Nathaniel Hooper, Foster Hopkinson, Thomas Howard, Martin Hubbard, William J. Hunt, Charles E. Huntington, Asahel Huntington, Charles P. Huntington, George H. Jackson, Samuel James, William Johnson, John Kellogg, Martin R. Keyes, Edward L. Kimball, Joseph Kingman, Joseph Kinsman, Henry W. Knight, Jefferson Knowlton, Charles L. Kuhn, George H. Lawrence, Luther Putnam, George Absent, and not voting, 188. So proposition numbered "one" was passed. Pending the call Mr. COLE, of Cheshire, asked the indulgence of the Convention to explain the reasons for the vote which he gave. [Many voices. "No!" "No!" "No!"] The PRESIDENT decided that leave could be granted only by unanimous consent. The first proposition having thus been disposed of, the Secretary read the second proposition and the provision of the Constitution to which it referred, as follows: [August 1st. II. The provision respecting the granting of the writ of Habeas Corpus, as a proposition, numbered "two." If this proposition be ratified and adopted, it shall be an addition to the provision respecting the Habeas Corpus. The following is the provision referred to :— The writ of habeas corpus shall be granted as of right in all cases in which a discretion is not especially conferred upon the court by the legislature; but the legislature may prescribe forms of proceeding preliminary to the obtaining of the writ. The question was taken upon the final passage of the second proposition, and there were, upon a division-ayes, 169; noes, 17. So the proposition was passed. The third proposition was next read, as follows: III. The provision respecting the rights of juries in criminal trials, as a proposition, numbered "three." If this proposition be ratified and adopted, it shall be an addition to the article in the Declaration of Rights, respecting the rights of persons charged with crimes. The following is the provision referred to: In all trials for criminal offences, the jury, after having received the instruction of the court, shall have the right, in their verdict, of guilty or not guilty, to determine the law and the facts of the case, but it shall be the duty of the court to superintend the course of the trials, to decide upon the admission and rejection of evidence, and upon all questions of law raised during the trials, and upon all collateral and incidental proceedings; and also to allow bills of exceptions. And the court may grant a new trial in case of conviction. The question being upon the passage of the third proposition it was put, and there were-ayes, 149; noes, 56. So the proposition was passed. The fourth proposition was then read, as follows: IV. The provision respecting claims against the Commonwealth, as a proposition, numbered "four." If this proposition be ratified and adopted, it shall be an addition to Article XI., of the Declaration of Rights. Proposition numbered "four," is as follows: monwealth, ought to have a judicial remedy Every person having a claim against the Comtherefor. The question was then taken upon the passage No person shall be imprisoned for any debt hereafter contracted, unless in cases of fraud. The question was taken upon the passage of the fifth proposition, and there were-ayes, 153; noes, 16. So the proposition was passed. The sixth proposition was then read, as follows: VI. The provision respecting sectarian schools, as a proposition, numbered "six." If this proposition be ratified and adopted, it shall be an addition to Article IV. of Chapter XII., entitled, "The University at Cambridge, The School Fund, and The Encouragement of Literature." If proposition numbered "one" shall not be adopted, it shall be added as an amendment to the Constitution. The provision referred to, is as follows: All moneys raised by taxation in the towns and cities, for the support of public schools, and all moneys which may be appropriated by the State for the support of common schools, shall be applied to and expended in no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect, for the maintenance, exclusively, of its own schools. Mr. DANA. Before the question is taken pon the passage of the sixth proposition, I move to amend it by striking out the word "it" in the last clause, and inserting in lieu thereof, the words, "number six." The question was taken, and the motion was agreed to. Mr. HALLETT. I ask for the yeas and nays upon the passage of the sixth proposition. The yeas and nays were not ordered, one-fifth of those voting, not voting therefor. The question was then taken upon the passage of the sixth proposition, and there were, upon a division-ayes, 159; noes, 24. So the proposition was passed. [August 1st. The PRESIDENT. The next proposition is in the following words: VII. The Legislature shall not create corporations by special act, when the object of the incorporation is attainable by general laws. This proposition was adopted, without debate, on a division-ayes, 169; noes, 16. The PRESIDENT. The next business before the Convention is the eighth proposition. The Secretary read the following, previous to reading the proposition :— VIII. The provision respecting Banks and Banking, as a proposition, numbered “eight.” If the propositions numbered "seven" and "eight" be ratified and confirmed, they shall be added as separate articles, or if either of them be ratified and confirmed, as an article in Chapter XIII., entitled "Miscellaneous Provisions." If proposition numbered "one" be not ratified and confirmed, they shall be added as amendments to the Constitution." The eighth proposition was then read, as follows: The Legislature shall have no power to pass any act granting any special charter for banking purposes, or any special act to increase the capital stock of any chartered bank; but corporations may be formed for such purposes, or the capital stock of chartered banks may be increased, under general laws. The Legislature shall provide by law for the registry of all notes or bills authorized by general laws to be issued or put in circulation as money; and shall require ample security for the redemption of such notes, in specie. The proposition was adopted, on a divisionayes, 153; noes, 36. The question next recurred upon the second resolution, which was read, as follows: Resolved, That at the meetings for the election of Governor, Senators, and Representatives to the General Court, to be holden on the second Monday of November, in the year one thousand eight hundred and fifty-three, the qualified voters of the several towns and cities shall vote by ballot upon each of the propositions aforesaid, for or against the same, which ballots shall be inclosed within sealed envelopes, according to the provisions of an Act of this Commonwealth, passed on the twenty-second day of May, in the year eighteen hundred and fifty-one, and an Act passed the twentieth day of May, in the year eighteen hundred and fifty-two, and no ballots not so inclosed shall be received. And said votes shall be received, sorted, counted, declared, and recorded, in open meeting, in the same manner as is by law provided in reference to votes for governor, and a true copy of the record of said votes, attested by the selectmen and town clerk of each of the several towns, and the mayor and aldermen and city clerk of each of the several cities, Monday,] DANA-FROTHINGHAM KNOWLTON. shall be sealed up by said selectmen and mayor and aldermen, and directed to the Secretary of the Commonwealth, with a superscription expressing the purport of the contents thereof, and delivered to the sheriff of the county within fifteen days after said meetings, to be by him transmitted to the secretary's office, on or before the third Monday of December next; or, the said selectmen and mayor and aldermen shall themselves transmit the same to the secretary's office, on or before the day last aforesaid. The resolve was agreed to. The question next recurred upon the third resolution, which was read, as follows: Resolved, That the Secretary shall deliver said copies, so transmitted to him, to a Committee of this Convention, consisting of who shall assemble at the State House, on the third Monday of December next, and open the same, and examine and count the votes so returned; and if it shall appear that either of said propositions has been adopted by a majority of votes, then the proposition so adopted shall become and be either the whole or a portion of the Constitution of this Commonwealth, as hereinbefore provided, and the said Committee shall promulgate the results of said votes upon each of said propositions, by causing the same to be published in those newspapers in which the laws are now published; and shall also notify the Governor and Legislature, as soon as may be, of the said results; and the Governor shall forthwith make public proclamation of the fact of the adoption of either or all of said propositions, as the whole or as parts of the Constitution of this Commonwealth. Mr. DANA moved to amend the resolution, by providing that the blank be filled with the name of the President of the Convention, and the names of twenty other persons, whom he should nominate. The amendment was agreed to, and the question recurring on the passage of the resolve, as amended, [August 1st. Mr. FROTHINGHAM, of Charlestown. I have an amendment to propose to this resolve; and without questioning the eminent ability which has marked the course of the Committee in reference to preparing their Report and doing full justice to it, I yet think there may be an amendment here which will perhaps rclieve the voters of considerable trouble at the polls. The proposition as it now stands, states that Every voter may vote on each proposition by its appropriate number, without specifying in his ballot any reference to the subject of the proposition, and by writing opposite to the number of each proposition the word Yes or No; but the vote on all of the propositions shall be written or printed on one ballot, in substance as follows: Constitutional Propositions. Proposition No. I., Yes or No. Yes or No. Yes or No. And to Proposition No. VIII., Yes or No. Now, it seems to me that the ballot ought to specify each proposition. These pamphlets which we shall send out will, in all probability, be lost before the people come to the polls; and when they are there the inquiry will be: "What does number one mean? what does number two mean? or what does number three mean?" throughout the whole propositions. And then again the object is to prepare the ballot; and, after all, the ballot will not be specific. With these few remarks, I submit the following amendment, which is to strike out all after the word "whole," in the second line, and insert the following: Indicating on his ballot the subject of the proposition, and writing or printing the word Yes or No opposite to each proposition. Mr. KNOWLTON, of Worcester. As a member of the Committee on Revision, I give the amendment of the gentleman from Charlestown my support. I think it is plainer than the proposition of the Committee, and I hope it will be adopted. Mr. DANA, for Manchester. I was about to suggest, when I yielded the floor to the gentleman for Wilbraham, that it seems to me the proposition of the gentleman from Charlestown is a very proper one, and better than that which we had submitted; because, if the propositions were only designated by numbers, a mistake in those numbers, either from accident or design, would frustrate the intentions of the voters; but if we have both the number and the indication of the subject, there could be scarcely a possibility of Monday,] HALLETT EARLE JENKS - BOUTWELL-STETSON - MARVIN. mistake. The amendment was submitted by the gentleman from Charlestown to the chairman of the Committee, and to some other members, before he offered it, and I believe it met with general approbation. Perhaps it would be more grammatical to say "in" than to say "and." When a man votes, I do not suppose that any inquiry will be made as to whether he wrote his ballot, or whether his wife wrote it for him at home, or whether it was printed. Mr. HALLETT, for Wilbraham. It is just as easy to express it in language that every-body will understand, as it is to express it in doubtful language. If the word "in" will perfect the language, I move to substitute "in" instead of "and," so that it shall read: "indicating on his ballot the subject of the proposition in writing or printing, opposite each proposition." Mr. EARLE, of Worcester. It appears to me, that it is very well as it is; and in answer to the objection which has been raised by the gentleman for Manchester and the gentleman for Wilbraham, I can say that I do not suppose there will be any difficulty about this matter. It is not presumed that the voters are going to the polls, and to sit down and write their ballots when they vote. Unquestionably these propositions will all be printed-one set with yeas and another set with nays opposite to each proposition; and then each voter could select that which corresponds the nearest to the way he wishes to vote, and alter it to suit himself. If he votes "yes" on the majority of the propositions, and there are two or three which he does not like, he can take his pencil and mark "no" opposite to them, erasing the word "yes." I am in favor of the amendment as it now stands; I think there will be no difficulty arising from it. Mr. JENKS, of Boston. This seems to me to be merely a verbal dispute. It stands very well as the gentleman for Wilbraham proposes it, and it is much more plain and explicit. I presume the meaning is, that each voter shall state by a written or printed declaration; and perhaps that would be a good form in which to express it, instead of saying that he shall either write or print it. Mr. HALLETT. I should be sorry to have this go out in a wrong form; and I will farther suggest that the word " stating" be substituted for " indicating," so that it will read as follows: And every voter shall vote on each proposition by its appropriate number, stating on his ballot the subject of the proposition, in writing or printing, and the word yes or no opposite to each proposition. The question being then taken on the amend [August 1st. ment to the amendment, it was agreed to; and the amendment, as amended, was then adopted. The resolve, as amended, was then agreed to. The question was then stated on agreeing to the fifth resolve: Resolved, That a printed copy of these resolutions, with the several constitutional propositions annexed, shall be attested by the Secretaries of the Convention, and transmitted by them, as soon as may be, to the selectmen of each town, and the mayor and aldermen of each city, in the Commonwealth, whose duty it shall be to insert a proper article in reference to the voting upon said propositions, in the warrant calling the meetings aforesaid, on the second Monday of November next. Mr. BOUTWELL moved to amend by inserting after the words "attested by," the words "the President and," so that it would read "shall be attested by the President and Secretaries of the Convention," &c. The amendment was agreed to. Mr. STETSON, of Braintree. I should like to ask the chairman of the Committee, if it is intended that the same plan shall be pursued in the printing of the Constitution, which is pursued in the printing of these copies that have been distributed here. A part of this Constitution is set in open type, a part in close type, and a part in Italics. What I want is this: that in order that the people may understand what part of the Constitution is new and what part is old, it should be printed with all that is new inserted in Italics, and the old part in Roman. In that case, when it goes out to the people, they will not have to study and compare in order to find out what changes the Convention have made. I move that the Committee who have this matter in charge, direct all the new portion to be printed in Italics. Mr. BUTLER, of Lowell. I wish to inform the gentleman from Braintree, that the new parts are already differently printed from the old, so that they can be very well distinguished. However that may be, I had supposed that it was no part of the duty of the Committee on Revision to superintend the printing. Mr. MARVIN, of Boston. I think some plan should be adopted to carry out the view of the gentleman from Braintree-either that which he has suggested, or, perhaps it may be well to have the new portions of the Constitution enclosed in brackets, as is frequently done in such cases. Every man who knows anything about printing, will agree with me in the opinion, that threequarters of the men in the Commonwealth would not readily discern the difference between solid and leaded matter-I speak as a practical printer. I think there should be some obvious distinction |