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On motion of Mr. WILSON, of Natick, the Resolves of the Special Committee on the subject of Amendments of the Constitution, were taken from the table.

On motion of Mr. WILSON, the rule requiring them to be considered in Committee of the Whole, was suspended, and they were placed in the Orders of the Day.

On motion of Mr. PARKER, of Cambridge, the Resolve on the subject of appropriations for sectarian schools,

And the Resolve introduced by him on the same subject, were
Taken from the table, and considered.

On motion of Mr. PARKER, the Resolve reported by the committee was amended, by substituting the Resolve introduced by him; and as thus amended, the Resolve was finally passed, as follows:

Resolved, That 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. WHITE, of Quincy, moved a reconsideration of the vote by which the Resolve was finally passed;

And the motion was placed in the Orders of the Day for to-mor

row.

On motion of Mr. MORTON, of Taunton, the Committee of the Whole were discharged from the consideration of the Resolve on the mode of submitting the question of representation to the people; and

The rule requiring the subject to be considered in committee, was suspended, and the Resolve was specially assigned for consideration on Thursday, at ten o'clock.

On motion of Mr. WILSON, of Natick, the Convention proceeded to the consideration of the Orders of the Day.

The first subject was the Resolves of the Committee on the Bill of Rights, as amended.

Mr. HALLETT, member for Wilbraham, moved to amend the second Resolve, by striking from the article proposed to be inserted, the words which were adopted as an amendment at a former stage of the Resolve, viz.:

Said writ shall be granted as of right, in all cases where the leg

islature shall not especially confer a discretion upon the court. But the legislature may prescribe preliminary proceedings to the obtaining of said writ.

A division of the Resolves was called for, and the question was stated to be upon adopting the first and second Resolves.

On motion of Mr. ADAMS, of Lowell, the Previous Question was ordered.

Mr. WALES, of Randolph, called for the yeas and nays upon the amendment of Mr. Hallett; but the call was not sustained by onefifth of the members voting.

The amendment was then rejected, by a vote of thirty-seven in the affirmative, to one hundred and seventy-six in the negative.

The first and second Resolves were then finally passed, as follow:

Resolved, That the Bill of Rights be amended by adding to the eleventh article, as part of the same, the following words:

And every person having a claim against the Commonwealth, ought to have a judicial remedy therefor.

Resolved, That the Bill of Rights be amended by inserting, between the eleventh and twelfth articles, the following additional article, being identical with one now in another chapter of the Constitution, and which more appropriately belongs to the Bill of Rights, viz.:

VII. The privilege and benefit of the writ of habeas corpus shall be enjoyed in this Commonwealth in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. Said writ shall be granted as of right, in all cases where the legislature shall not especially confer a discretion upon the court. But the legislature may prescribe preliminary proceedings to the obtaining of said writ.

The third Resolve was also finally passed, as follows:

Resolved, That the Bill of Rights be amended, in the last sentence of the twenty-ninth article, by striking out the words "so long as they behave themselves well, and that they," and inserting "by tenures established by the Constitution, and;" also by striking out the words, "ascertained and established by standing laws," and inserting "which shall not be diminished during their continuance in office;" so that the whole sentence, as amended, shall read as follows:

It is, therefore, not only the best policy, but for the security of the

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rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices by tenures established by the Constitution, and should have honorable salaries, which shall not be diminished during their continuance in office.

The question being upon the passage of the fourth Resolve, which is as follows:

Resolved, That the Bill of Rights be amended, by inserting between the twenty-ninth and thirtieth article, the following additional article:

This enumeration of rights shall not impair others retained by the people, and no powers shall ever be assumed by the legislature, that are not granted in this Constitution.

Mr. DAVIS, of Worcester, moved to amend, by striking out after the word "people."

Mr. MORTON, of Quincy, moved the Previous Question; which was ordered.

Mr. BRIGGS, of Pittsfield, called for the yeas and nays upon the amendment; but the call was not sustained by one-fifth of the members voting.

The amendment was adopted, by a vote of one hundred and thirty-five in the affirmative, to sixty in the negative.

And the Resolve was then rejected, by a vote of one hundred and sixteen in the affirmative, to one hundred and eighteen in the negative.

The question being upon the passage of the fifth Resolve,

Mr. MILLER, of Wareham, called for the yeas and nays; but the call was not sustained by one-fifth of the members voting.

Mr. LORD, of Salem, moved to amend the amendment, by adding the words, " or upon any judgment hereafter recovered, in any civil suit."

Mr. HUNTINGTON, of Northampton, moved to amend, by inserting after the word "debt," the words "hereafter contracted."

Mr. DAVIS, of Plymouth, moved that the subject be laid upon the table.

On motion of Mr. SCHOULER, of Boston, the yeas and nays were ordered upon this question.

Afterwards, on motion of Mr. KEYES, member for Abington, the vote ordering the yeas and nays was reconsidered;

And the question recurring upon the call for the yeas and nays, it was not sustained by one-fifth of the members voting.

The motion of Mr. Davis was then rejected.

Mr. BIRD, of Walpole, moved the Previous Question; which was ordered.

Mr. Lord's amendment was then rejected, and

Mr. Huntington's amendment was adopted.

The Resolve, as amended, was then finally passed, as follows:

Resolved, That the Bill of Rights be so amended, that no person shall be subjected to imprisonment for debt hereafter contracted in this Commonwealth, founded upon any contract, express or implied,

unless in cases of fraud.

The Resolves of the special committee on the subject of amendments of the Constitution, were next in order.

On motion of Mr. HALLETT, member for Wilbraham, the first Resolve was amended, by striking out the words, "in the newspapers in which the laws are then published," in the twelfth and thirteenth lines, (printed copy,) and by inserting the word "officially" before the word "publish" in the twelfth line.

On motion of Mr. GRISWOLD, member for Erving, the first Resolve was further amended, by striking out the word "and" in the twentysecond line, and by inserting after the word "cities" in the same line, the words "and districts;" and also by inserting, after the word "elect " in the line succeeding, the words "in any year of that decennial period;" also by substituting the word "Wednesday" for the word "Monday," in the line next following.

Mr. LORD, of Salem, moved further to amend the first Resolve, by inserting after the word "affirmative," in the fifteenth line, the words, "and such majority shall be at least equal to one-half of the votes given for governor at such election.

Mr. BATES, of Plymouth, moved the Previous Question.

On motion of Mr. LORD, of Salem, the yeas and nays were ordered upon this motion.

Mr. GARDNER, of Boston, moved an adjournment, but the motion was rejected, by a vote of sixty-six in the affirmative, to ninety in the negative.

The question was stated on the demand for the Previous Question, And the roll being called, one hundred and six members voted in the affirmative, and thirty-three in the negative.

So the Previous Question was ordered.
Those who voted in the affirmative are:-

Messrs. Parsons Allen,

Josiah Allis,

D. W. Alvord,

Messrs. George Austin,

Hillel Baker,
Alpheus Bancroft,

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Francis W. Bird,

George S. Boutwell,

Hiram N. Breed,
Hammond Brown,
Hiram C. Brown,
Joseph Brownell,
Patrick Bryant,
Cephas C. Bumpus,
Isaac Case,

J. McKean Churchill,

Ransom Clark,
Salah Clark,
Sumner Cole,
Charles G. Davis,
Isaac Davis,
Gilman Day,
Silas Dean,
Augustus Denton,
Samuel Duncan,
Philip Eames,
Peter Easland,
James Easton, 2d,
Calvin D. Eaton,
Samuel Edwards,
Joseph M. Ely,
Sullivan Fay,

Lyman Fisk,

Charles A. French,

Richard Frothingham, Jr.,

Luther Gale,

Henry J. Gardner, Johnson Gardner,

Elbridge Gates,

Wanton C. Gilbert,

Charles G. Giles,

Jason Goulding,

Jabez Green,

Josiah W. Griswold, Whiting Griswold, Benjamin F. Hallett,

Lyman W. Hapgood,

Seth Hapgood,

Phineas Harmon,
Stephen E. Hawkes,
Isaac Hayden,
Ezra Heath, 2d,
George Hood,

George H. Huntington,

Moses C. Hurlbut,

Benjamin D. Hyde,

John Jacobs,
Jefferson Knight,

Albert Knox,
Gardner P. Ladd,
Wilber C. Langdon,
Alden Leland,
Justin E. Loomis,
Simeon Merritt,
James L. Monroe,
Elbridge G. Morton,
William S. Morton,
Hiram Nash,
Charles Newman,
Charles Osgood,
E. Wing Packer,
Benjamin Paine,
John Partridge,
John Penniman,
Charles Phelps,
Henry Pierce,
Robert Rantoul,
Silas Rawson,

Samuel H. Richardson,
Elkanah Ring, Jr.,

David S. Ross,

James C. Royce,

Melzar Sprague,

Samuel W. Spooner,

Charles G. Stevens,

Granville Stevens,

Gideon Stiles,

Charles Sumner,

Increase Sumner,
Alanson Swain,
Charles Thompson,
Horatio W. Tilton,
Freeland Wallis,
Amasa Walker,
Andrew H. Ward,
Gershom B. Weston,

Daniel S. Whitney,

James S. Whitney, Charles C. Wood, Otis Wood.

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