Page images
PDF
EPUB

The first subject was the Resolves reported by the Committee on Reporting and Printing.

The Resolves were read a second time, and finally passed, as follow:

Resolved, That the chairman of the Committee on Reporting and Printing be authorized, under the direction and sanction of said committee, to superintend the Reporting, Indexing, Printing and Publication of the Debates and Proceedings of the Convention, until the same are completed, and that he be paid therefor the sum of four dollars per day, and travel.

Resolved, That said committee be authorized to pay to the Secretary of the Commonwealth such expenses, not exceeding six hundred dollars, as may have been incurred for extra services performed by order of this Convention, and that the Order of May 18th, be so far altered as that said committee shall have the direction of all matters relative to the sale or distribution of the Reports and Proceedings of this Convention.

Resolved, That a copy of the Debates and Proceedings of this Convention, when completed, be furnished by the committee to each of the Reporters to the Convention.

The Report, inexpedient to act upon the subject of an Order of July 21st, relative to appending to the published debates, " Poole's Statistical View of the Members," and "the pay for attendance and travel of the members,"

Was accepted.

Mr. BIRD, of Walpole, from the Committee on the Preservation of the Records, reported a Resolve, which was read, and then finally passed, as follows:

Resolved, That the Journal of the Proceedings in Committee of the Whole, with an Index, be printed, under the supervision of the Committee on the Preservation of the Records, in the same volume with the Journal of the Convention, and on the same terms as provided for in the Resolves relating to the preservation of the Records, with the same provision for the payment of the expense thereof.

At half past seven o'clock, on motion of Mr. Woop, of Fitchburg, The Convention adjourned.

SATURDAY, July 30, 1853.

Met according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read.

On motion of Mr. BATES, of Plymouth,

Ordered, That each member of the Convention who has ordered copies of the Debates and Proceedings of this Convention, be entitled to complete files of those Debates, the address and order of each member to be left with the Messenger of the Convention.

On motion of Mr. WALKER, of North Brookfield,

Ordered, That one hundred thousand copies of the new Constitution to be submitted to the people, be published in the same manner as the General Laws and Resolves; and one copy be distributed to each family in the Commonwealth.

Mr. WALKER, of North Brookfield, offered the following Order:—

Ordered, That the Committee on Reporting and Printing be instructed to employ some suitable person to receive and distribute all the documents ordered by this Convention, in the manner and form which has been heretofore directed.

On motion of Mr. BIRD, of Walpole, the Order was referred to a Select Committee.

The President appointed the committee, consisting of the following members, viz.: Messrs. Walker, of North Brookfield, Williams, of Taunton, Schouler, of Boston, White, of Quincy, Phinney, member for Chatham, Parsons, of Lawrence, and Bird, of Walpole.

Mr. EARLE, of Worcester, offered the following Order; which was referred to the same Committee:

Ordered, That such members of the Convention as elected to take one or more copies of the Official Reports of the Debates and Proceedings of the Convention, instead of papers to which they were entitled under the Order of this body, but who are unable to procure the same in consequence of the deficiency in the number provided, be entitled to receive in lieu thereof the same number of copies of the octavo edition of the Reports, not to exceed three copies in the whole. to any one member. And the Messenger is hereby directed to furnish said copies from those already ordered to be published by the Con

vention.

On motion of Mr. DANA, member for Manchester, the Convention proceeded to the consideration of the Orders of the Day.

The first subject was the Resolves from the Committee on the Judiciary.

On motion of Mr. DANA, the third Resolve was amended by inserting after the word "for" in the third line, the words "incapacity, misconduct, or maladministration in their offices;" and also by striking out all after the word "provided" in the same Resolve, and inserting the following: "That the cause be entered upon the records of the Council, and a copy thereof be furnished to the party to be removed, and a reasonable opportunity be given him for defence. And the Governor may at any time, if the public exigency demand it, either before or after such entry and notice, suspend any of said officers, and appoint substitutes who shall hold office until the final action upon the question of removal."

On motion of Mr. MORTON, of Taunton, the Resolves were further amended by the addition of the following Resolve:

Resolved, That the terms of all elective officers not otherwise provided for in this Constitution, shall commence on the first Wednesday in January next after their election.

The Resolves, as amended, were then finally passed, as follow:—

Resolved, That persons holding office by election or appointment under the present Constitution, shall continue to discharge the duties thereof until their term of office shall expire, or officers authorized to perform their duties, or any part thereof, shall be elected and qualified, pursuant to the provisions of this amended Constitution; when all powers not reserved to them by the provisions of this amended Constitution shall cease: Provided, however, that justices of the peace, justices of the peace and of the quorum, and commissioners of insolvency, shall be authorized to finish and complete all proceedings pending before them at the time, when their powers and duties shall cease, or be altered as aforesaid.

Resolved, That the legislature shall provide, from time to time, the mode in which commissions or certificates of election shall be issued to all officers elected pursuant to the Constitution, except in case where provision shall be made therein.

Resolved, That the Governor, by and with the consent of the Council, may at any time for incapacity, misconduct, or maladministration in their offices, cause shown, remove from office, clerks of courts, commissioners of insolvency, judges and registers of probate, district-attorneys, registers of deeds, county treasurers, county commissioners, sheriffs, trial justices, and justices of police courts: Provided, that the cause be entered upon the records of the Council,

and a copy thereof be furnished to the party to be removed, and a reasonable opportunity be given him for defence. And the Governor may, at any time, if the public exigency demand it, either before or after such entry and notice, suspend any of said officers, and appoint substitutes, who shall hold office until the final action upon the ques

tion of removal.

Resolved, That whenever a vacancy shall occur in any elective office provided for in this Constitution, except that of governor, lieutenant-governor, councillor, senator, member of the House of Representatives, and town and city officers, the Governor for the time being, by and with the advice and consent of the Council, may appoint some suitable person to fill such vacancy until the next annual election, when the same shall be filled by a new election, in the manner to be provided by law: Provided, however, trial justices shall not be deemed to be town officers for this purpose.

Resolved, That all elections provided to be had under this amended Constitution shall, unless otherwise provided, be first held on the Tuesday next after the first Monday of November, A. D. 1854.

Resolved, That the terms of all elective officers, not otherwise provided for in this Constitution, shall commence on the first Wednesday in January next after their election.

Mr. DAVIS, of Plymouth, moved that the Committee on the Frame of Government be instructed to report upon the subject of an Order on the subject of the governor's appointing members of the legislature to offices created, or the emoluments of which have been increased during their term of office.

On motion of Mr. HUNTINGTON, of Northampton, the motion was Laid upon the table.

Mr. STETSON, of Braintree, moved that the Resolve on the subject of the law martial, be taken from the table; but the motion was rejected.

Mr. BOUTWELL, member for Berlin, from the Committee on Revision, submitted a Report, asking that the Committee be discharged from the further consideration of a Resolve referred to them, adopted by the Convention on the 30th of May, on the mode in which the governor shall be chosen by the legislature, in case of the non-election of that officer by the people.

The Report was accepted, and the committee discharged.

Mr. LORD, of Salem, moved a suspension of the rule, so as to allow a motion to reconsider the vote by which the Resolve referred to in the above Report was passed.

But the motion was ruled to be not in order.

Mr. HILLARD, of Boston, being in the chair,

Mr. BRIGGS, of Pittsfield, offered the following Resolution, which was unanimously adopted:—

Resolved, That the thanks of this Convention be given to Hon. NATHANIEL P. BANKS, Jr., for the dignified, fair, and able manner in which he has presided over its deliberations.

On motion of Mr. LORD, of Salem, the Committee on the Pay Roll were instructed to make up the pay of Mr. Wilson, of Natick, at the rate of three dollars per day additional to his pay as a member, for the time during which he was President pro tempore of the Convention. Mr. WILSON, of Natick, moved that the Convention adjourn until three o'clock; but afterwards withdrew the motion.

On motion of Mr. BUTLER, of Lowell,

Ordered, That when the Convention adjourn, it adjourn to meet on Monday, at ten o'clock.

Mr. BUTLER then moved an adjournment; but the motion was d.

Mr. LIVERMORE, of Cambridge, then moved a reconsideration of the vote by which the Convention agreed to the Order offered by Mr. Butler.

And the vote was reconsidered.

The question then recurred upon the Order of Mr. Butler, and it was rejected.

On motion of Mr. LIVERMORE, of Cambridge,

The Convention adjourned.

AFTERNOON SESSION.

Met according to adjournment.

Mr. WILSON, of Natick, moved that the Convention adjourn until Monday, at ten o'clock;

But afterwards withdrew the motion,

And moved that when the Convention adjourn, it adjourn to meet on Monday, at ten o'clock.

The motion was agreed to.

Mr. WILSON then moved an adjournment,

And this motion was agreed to, by a vote of ninety-four in the affirmative, to sixty-seven in the negative.

And at ten minutes past three o'clock,

The Convention adjourned.

« PreviousContinue »