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insertion of the same words, after the word “being,” so that the paragraph, as amended, shall read as follows:
And the said oaths and affirmations shall be taken and subscribed by the governor and lieutenant-governor before the president of the Senate, in presence of the two Houses in convention, and by councillors before the president of the Senate, and in presence of the Senate, and by the senators and representatives before the governor and council for the time being, and by the residue of the officers aforesaid before such persons and in such manner as shall from time to time be prescribed by law."
2. Resolved, That the first paragraph of said article ought to be amended by inserting after the word “ court” in the second line, " or court of common pleas,” and by adding after the last word of said paragraph the following: “Except that they may be appointed to take depositions or acknowledgments of deeds, or other legal instruments, by the authority of any other state or country.”
So that the game, amended, shall read as follows, to wit:
No governor, lieutenant-governor, or judge of the supreme judicial court or court of common pleas, shall hold any other office, under the authority of this Commonwealth, except such as by this Constitution they are admitted to hold, saving that the judges of the said courts may hold the offices of justices of the peace through the State; nor shall they hold any other office, or receive any pension or salary from any other state, or government, or power whatever; except that they may be appointed to take depositions, or acknowledgmerts of deeds, or other legal instruments, by the authority of any other state or country.
Also, that the second, third, and fourth paragraphs, and article eight of the amendments of said article, be stricken out, and the following inserted :
No person shall hold or exercise at the same time more than one of the following offices, to wit: the office of governor, lieutenant-gov. ernor, senator, representative, judge of the supreme judicial court, or court of common pleas, secretary of the Commonwealth, attorneygeneral, treasurer, auditor, councillor, judge of probate, register of probate, register of deeds, sheriff, or his deputy, clerk of the supreme judicial court, or court of common pleas, clerk of the Senate or House of Representatives; and any person holding either of the above offices shall be deemed to have vacated the same by accepting a seat in the congress of the United States, or any office under the authority of the United States, the office of postmaster excepted; and no person shall be capable of holding at the same time more than two offices which are held by appointment of the governor, or governor and council, or
the Senate, or the House of Representatives; military offices, and the offices of justices of the peace, justices of the peace and quorum, and notaries public, excepted; and whenever there shall be a vacancy of any of the above offices, the office of governor and lieutenant-governor excepted, the same may be filled.
That the fifth paragraph of said article ought to be retained without alteration or amendment.
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 authority of the same,” and by adding the words “of Massachusetts,” so that the article, as amended, shall read:
Art. 8. The enacting style in making and passing all acts, statutes, and laws, shall be: Be it enacted by the General Court of Massachusetts.
4. Resolved, That it is inexpedient to make any constitutional provision relative to the subject of the Order exempting a certain amount of property from attachment on mesne process.
5. Resolved, That it is inexpedient to provide that any persons may act under the Constitution in an official capacity, without at least an affirmation that they will discharge and perform all the duties incumbent upon them in such capacity, according to the best of their abilities and understanding, agreeably to the rules and regulations of the Constitution and the laws of the Commonwealth.
6. Resolved, That it is not expedient, by a provision of the Constitution, to render any officer of a banking company incapable of holding any office to which he may be duly chosen by the votes of the people, or any portion thereof.
On motion of Mr. BOUTWELL, member for Berlin, the Resolves on the subject of the House of Representatives were taken from the table, and
The hour of half past nine o'clock, to-morrow, was specially assigned for their consideration.
Mr. Wilson, of Natick, moved that the hour of half past eleven o'clock on Friday, be assigned for taking the question on the final passage of the Resolves.
Mr. LORD, of Salem, called for the yeas and nays on this motion, but the demand was not sustained by one-fifth of the members voting.
The motion of Mr. Wilson was then agreed to.
Mr. Fay, of Southborough, from the Committee on Leave of Absence, submitted a Report, granting to Mr. Taber, of New Bedford, leave of absence for ten days.
The Report was considered, and leave of absence granted.
On motion of Mr. Bird, of Walpole, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolves on the subject of amendments of the Constitution; and the President requested Mr. Griswold, member for Erving, to take the chair.
Afterwards, Mr. GRISWOLD reported, that the committee had made progress in the consideration of the subject, but had come to no conclusion, and had instructed him to ask leave to sit again.
And leave was accordingly granted.
THURSDAY, July 7, 1853. Mot according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read.
Mr. Chandler, of Greenfield, presented the Petition of C. J. J. Ingersoll and thirty-eight other inhabitants of Greenfield, for a declaration in favor of protection to fugitive slaves.
Referred to the Committee on the Bill of Rights.
Resolved, That the Constitution be so amended that a majority of the members of the House shall be necessary to constitute a quorum.
On motion of Mr. Wilson, of Natick, the Convention proceeded to the consideration of the Orders of the Day.
The first subject, being the Resolve on the subject of general laws for corporations, was passed over.
The second subject was the Resolve on the subject of the enlargement and preservation of the School Fund.
Mr. LOTHROP, of Boston, moved to amend the Resolve by inserting after the word “appropriated,” in the fifth line, (printed copy,) the words "under the direction of the Board of Education, or such similar agency as may be provided by law;" but the amendment was rejected.
The Resolve was then finally passed, as follows :
Resolved, That the legislature shall, as soon as may be, provide for the enlargement of the School Fund of this Commonwealth, until it shall amount, at least, to the sum of two millions of dollars; and the
said fund shall be preserved inviolate, and the income thereof shall be annually appropriated for the aid and improvement of the common schools of the State, and for no other purpose.
Mr. BoUTWELL, member for Berlin, called for the special assignment for half-past nine o'clock, viz.: the Resolves on the subject of the House of Representatives.
On motion of Mr. Wood, of Middleborough, the Resolves were amended by striking out the second paragraph of the first Resolve, and substituting therefor the following:
Any two of such towns may, by a vote of a major part of the legal voters of each, at legal meetings thereof, and held at some time preceding the first election which shall take place under this amendment to the Constitution, and thereafter, at legal meetings, held at some time preceding the first election which shall take place next after each decennial State census, unite together in a district, which shall be entitled to a representative each year, and which shall continue until the next decennial censas, excepting the year in which the valuation of estates is settled.
At one o'clock, the Convention adjourned.
Met according to adjournment.
On motion of Mr. Breed, of Lynn, the Convention proceeded to the consideration of the Orders of the Day; the first subject being the unfinished business specially assigned, viz.: the Resolves on the subject of the House of Representatives.
Mr. Hale, of Boston, moved to amend the Resolves by substituting therefor the following:
Resolved, That it is expedient so to alter and amend the Constitution, as to provide for a periodical division of the Commonwealth into equal districts on the basis of population, with a view to the establishment of a House of Representatives on the principle of equality, and consisting of such a number of members as may be best entitled to the confidence of the people, and best adapted to the convenient despatch of the legislative business. In order thereto, a census of the inhabitants of each city and town, on the first day of May in the year one thousand eight hundred and fifty-four, and on the first day of May in every tenth year thereafter, shall be taken and returned to the office of the secretary of the Commonwealth, on or before the last day of June next ensuing the dates aforesaid. And it shall be the duty of
the general court, which shall be next chosen after the taking of each decennial census, to divide the towns and cities of the Commonwealth into eighty districts, in such manner that each shall contain, as nearly as may be, an equal number of inhabitants; and they shall, in all cases where the same shall be practicable, be formed by the union of towns and cities, or parts of cities, adjoining one another; and in the formation of such districts no town shall be divided. But the cities, when containing a greater number of inhabitants than the average of the districts throughout the Commonwealth, shall be so divided that each district shall, as nearly as may be, contain that number; and any part of the inhabitants exceeding the number required for the entire districts therein, shall be set off to form a part of such adjoining district as the general court shall direct. The division of cities into districts shall be formed, and the inhabitants who may be set off to an adjoining district shall be organized for the purpose of conducting the elections therein, by the municipal authorities of the respective cities, in the same manner as the wards for city purposes are constituted therein. And the inhabitants of each district shall elect three representatives, constituting a House of two hundred and forty members.
On motion of Mr. Hale, the yeas and nays were ordered upon the adoption of the amendment.
Mr. HALLETT, member for Wilbraham, moved a reconsideration of the vote by which the Convention, in the morning session, agreed to the amendment offered by Mr. Wood, of Middleborough.
And pending this question,
FRIDAY, July 8, 1853. Met according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read.
On motion of Mr. James, of South Scituate, the Convention proceeded to the consideration of the Orders of the Day.
The first subject was the unfinished business of yesterday, viz. : the Resolves on the subject of the House of Representatives, and
The pending question was upon the motion of Mr. Hallett, member for Wilbraham, to reconsider the vote by which the amendment of Mr. Wood, of Middleborough, was adopted.