by striking out all after the word "Resolved," and inserting instead thereof the following, to wit: what is printed as Document No. 117. But the Chairman decided the motion not in order. Mr. Hale, of Bridgewater, moved that the Committee rise, report progress, and ask leave to sit again. After debate by Messrs. Hallett, member for Wilbraham, and Hale, of Bridgewater, The motion was rejected by a vote of twenty-eight in the affirmative, and seventy-six in the negative. The question then recurred upon the amendment of Mr. Hale, and It was adopted. Mr. Hallett, member for Wilbraham, then renewed his motion to amend the Resolves, by striking out all after the word "Resolved," and inserting the following: That it is expedient to provide in the Constitution, that a Convention to revise or amend this Constitution, may be called and held in the following manner: At the general election which shall be in the year eighteen hundred and seventy-three, and in each twentieth year thereafter, the qualified voters in State election shall give in their votes, to be received, counted, returned and declared, in the same manner as by law is provided in the choice of general officers at such election, upon the question, "Shall there be a Convention to revise the Constitution, in conformity to the provisions of the Act of eighteen hundred and fifty-two, chapter one hundred and eighty-eight, relating to the calling a Convention of Delegates of the people for the purpose of revising the Constitution?" and if it shall appear, by the returns made, that a majority of the qualified voters throughout the State, who shall assemble and vote thereon, are in favor of such revision, the same shall be deemed and taken to be the will of the people of the Commonwealth that a Convention should meet accordingly; and thereupon delegates shall be chosen on the first Monday of March next succeeding, and such delegates shall meet in Convention, in the State House, on the first Wednesday of May succeeding, in the same manner, and with the same authority, as is provided in the second, third and fourth sections of said act. The general court shall have power and authority in any year other than the year above specified, to submit to the people the same proposition, to be voted on in the same manner, at the next ensuing general election; and if it shall appear by the returns made, that a majority of the qualified voters throughout the State, who shall assemble and vote thereon, are in favor of such revision, the same shall be deemed and taken to be the will of the people of the Com monwealth that a Convention should meet accordingly; and thereupon the same proceedings, with the same powers and authority, shall be had, as is provided in the foregoing clause of this Constitution. The foregoing provisions shall in no wise restrain or impair the reserved right of the people, in their sovereign capacity, at all times to reform, alter, or totally change their Constitution and Frame of Government. Mr. Hallett addressed the Committee upon his motion. Mr. Giles, of Boston, gave notice of an amendment he should offer, when in order. After remarks by Messrs. Giles, of Boston, and Churchill, of Milton, Mr. Churchill moved that the whole subject be indefinitely post poned; But the Chairman decided the motion not in order. Mr. Wilson addressed the Committee, When, on motion of Mr. Breed, of Lynn, it was Voted, That the Committee rise, report progress, and ask leave to sit again. And the Committee accordingly rose. FRIDAY, July 22, 1853. Mr. GRISWOLD, member for Erving, in the chair. By direction of the Convention, the Committee resumed the consideration of the unfinished business of the session of July 18th-the Resolves (printed Document No. 75) concerning Constitutional Conventions, reported from the Committee on Amendments and Enrolment, the pending question being on the amendment moved by Mr. Hallett, member for Wilbraham. The Committee was addressed by Messrs. Hallett, member for Wilbraham, and Burlingame, member for Northborough. Mr. Hale, of Bridgewater, moved that the Committee rise, report progress, and ask leave to sit again; But the motion was rejected. Mr. Hale of Bridgewater, then moved to amend the third Resolve, reported by the Committee, by striking out, in the seventh line, (printed copy,) the following words, "representatives elected," and inserting the following: "two-thirds of the whole number of representatives elected;" and also, by inserting, after the word "and," in the twelfth line, the words "two-thirds of." After remarks by Mr. Briggs, of Pittsfield, the motion was rejected. Mr. Hallett modified his amendment (printed Document No. 117) by inserting, after the word "succeeding," in the nineteenth line, (printed copy,) the following words: "in conformity with the law then in force for the election of representatives." Mr. Simmons, of Hanover, moved to amend the amendment, by adding thereto the following: It shall be the duty of all magistrates and persons in authority, to verify and recognize the proceedings of all meetings of the people holden for that purpose, to the end that the will of the majority may be ascertained and obeyed by the constituted authorities. But the motion was rejected. The question then recurring upon the amendment of Mr. Hallett, Mr. Upton, of Boston, moved to amend the amendment, by striking out the words "seventy-three," in the fifth line, (printed copy,) and inserting, instead thereof, the words "fifty-eight;" also, by striking out the word "twentieth," in the same line, and inserting instead thereof the word "fifth." The question being taken upon this amendment, It was rejected. Mr. Sargent, of Cambridge, moved to amend the amendment, by striking out, in the fifth line, (printed copy,) the words "seventy-three, and in each twentieth," and inserting, instead thereof, the following: "sixty, and in each tenth;" But the motion was rejected by a vote of forty-eight in the affirmative, and one hundred and seventy-eight in the negative. Mr. Cole, of Cheshire, moved further to amend the amendment by striking out, after the word "Constitution," in the tenth line, (printed copy,) the following words: "in conformity to the provisions of the Act of eighteen hundred and fifty-two, chapter one hundred and eighty-eight, relating to the calling a Convention of Delegates of the people for the purpose of revising the Constitution." The question being taken upon the amendment, Mr. Hale, of Bridgewater, then moved to amend the amendment, by striking out the last paragraph thereof, and inserting the following: And the right of the people, at all times, to amend their Constitution of Government, by Convention, or otherwise, according to their will, legally expressed, shall never be restrained or obstructed in this Commonwealth. After remarks by Mr. Parker, of Cambridge, The amendment was rejected. The question then recurred upon the amendment moved by Mr. Hallett. The question being taken, the amendment was agreed to, by a vote of one hundred and fifty-nine in the affirmative, and one hundred and one in the negative. When, on motion of Mr. Butler, of Lowell, it was Voted, That the Committee rise, and report to the Convention that the Resolves ought to pass, with the amendments. And the Committee accordingly rose. Mr. BUTLER, of Lowell, in the chair. SATURDAY, July 23, 1853. By direction of the Convention, the Committee proceeded to consider the following Resolve, reported from a special committee : Resolved, That it is expedient to insert into the Constitution, articles providing— 1. That 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 charter bank; but corporations may be formed for such purposes, or the capital stock of charter banks may be increased, under general laws. 2. That 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. After debate by Messrs. Frothingham, of Charlestown, and Schouler, of Boston, Mr. Hooper, of Fall River, moved to amend the Resolve by adding to the second paragraph the following: Provided, that no note or bill of a less denomination than ten dollars shall be issued as currency after the year eighteen hundred and sixty. After debate by Messrs. Hooper, of Fall River, French, of Berkley, Walker, of North Brookfield, Stetson, of Braintree, Frothingham, of Charlestown, and Livermore, of Cambridge, The amendment was rejected, by a vote of twenty-seven in the affirmative, and eighty-five in the negative. The question then recurred upon the adoption of the Resolve as reported, And it was decided in the affirmative, by a vote of one hundred and thirty in the affirmative, and twenty-eight in the negative. On motion of Mr. Davis, of Worcester, it was Voted, That the Committee rise, and report to the Convention that the Resolve ought to pass. And the Committee accordingly rose. Afterwards, Mr. MORTON, of Andover, in the chair. By direction of the Convention, the Committee proceeded to consider a series of Resolves (printed Document No: 104) reported from the Committee on Secretary, Treasurer, etc., concerning Justices of the Peace. Mr. Cushman, of Bernardston, moved to amend the first Resolve, by striking out all after the word "Resolved," and inserting the following: That it is expedient to amend the Constitution as follows. 1st. Trial Justices, who shall be elected by the legal voters of the several towns, for a term of three years. There shall be one in each town, and one additional for every two thousand inhabitants. They shall have the same jurisdictions, powers and duties that are now exercised by justices of the peace, justices of the quorum, and commissioners to qualify civil officers; and such other powers as may be given them by the legislature. 2d. Justices of the Peace, who shall be appointed by the governor and council, for a term of seven years; and those who now hold that office, shall continue as such according to the tenure of their respective commissions provided, that the jurisdiction of justices of the peace shall extend only to the acknowledgment of deeds, the administration of oaths, the issuing of subpoenas, and the solemnization of marriages. |
