MONDAY, August 1, 1853. Met according to adjournment. Prayer was offered by the Chaplain. The Journal of Saturday was read. Mr. OLIVER, of Lawrence, by leave of the Convention, made a personal explanation in relation to his vote upon the Resolve providing that ballots shall be enclosed in sealed envelopes. Mr. KEYES, member for Abington, presented the Protest of William C. Nell and others, against the action of the Convention on the subject of the Petition of the colored citizens, who asked that they should not be prohibited from serving in the militia; And moved that the paper be entered upon the Journal of the Convention. The motion was agreed to by a vote of ninety-seven in the affirmative, to sixty-six in the negative. Mr. LIVERMORE, of Cambridge, from the Committee on the Pay Roll, submitted a Report and Order on that subject; which, on motion of Mr. GRISWOLD, member for Erving, were Laid upon the table. Mr. WALKER, of North Brookfield, from the Special Committee on the subject of the distribution of documents, &c., submitted a Report and Resolves, which were considered; and Pending an amendment offered by Mr. Earle, of Worcester, On motion of Mr. BUTLER, of Lowell, the subject was laid upon the table. Mr. BOUTWELL, member for Berlin, from the committee appointed to reduce the amendments to form, submitted a Report, accompanied by Resolves, and a series of Constitutional Propositions, to be submitted to the people. No objection being made, the question was stated upon the final passage of the Resolves. And the Resolves were read. On motion of Mr. BOUTWELL, member for Berlin, and no objection being made, The first Proposition, comprising the proposed Preamble, Declaration of Rights and Frame of Government, was read and considered. by chapters; And that portion which contained the Preamble and Declaration of Rights, was first read. Mr. SCHOULER, of Boston, moved to amend, by inserting at the close of article 27th, the words standing as the fifth Proposition, on page 39th, viz.: the words No person shall be imprisoned for any debt hereafter contracted, unless in cases of fraud. The motion was rejected. Mr. KELLOGG, of Hadley, moved to amend, by striking from the fourth article of the Declaration of Rights, the words "in Congress assembled." The President decided the motion to be not in order, being an amendment of the substance of the Constitution and not merely of the form. Mr. JENKS, of Boston, offered an amendment; which was also ruled to be not in order for the same reason. Mr. PLUNKETT, of Adams, moved to amend, by inserting at the end of the thirteenth article of the Declaration of Rights, the words standing as the third Proposition, viz. : 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. Chapter first of the proposed Frame of Government, relating to the General Court, was then read. Mr. UPTON, of Boston, moved to amend, by inserting in the chapter on the general court the words standing as the seventh and eighth Propositions, viz. : The legislature shall not create corporations by special act, when the object of the incorporation is attainable by general laws. 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 motion was rejected. Mr. LIVERMORE, of Cambridge, moved to amend, by striking out the words contained in the last sentence of the second article, viz.:— But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the governor. The President ruled the motion to be not in order. Mr. ALLEN, of Worcester, afterwards asked the general consent of the Convention that such an amendment might be introduced. But objection was made. Mr. LORD, of Salem, moved to amend, by striking out the word "present" from the thirteenth line of the fourth article; but the mowas rejected, by a vote of sixty-three in the affirmative, to one hundred and sixty-two in the negative. Mr. OLIVER, of Lawrence, moved to amend, by taking from its place in the first chapter, the words standing as article third, viz.: "The compensation of members of the general court shall be established by standing laws; but no act increasing the compensation shall apply to the general court which passes such act; and no compensation shall be allowed for attendance of members at any one session for a longer time than one hundred days;" and placing them among the Propositions to be submitted separately. But the motion was rejected. Mr. OLIVER also moved to amend, by taking from its place in the first chapter, the words standing as article thirteenth, viz.: "In all elections by the general court, or either branch thereof, a majority of votes shall be required, and the members shall vote viva voce;" and placing them among the Propositions to be submitted separately. But the motion was rejected. Chapter second, relating to the Senate, was then read. No amendments being offered, Chapter third, relating to the House of Representatives, was read. Mr. EARLE, of Worcester, moved to amend, by striking from the second article, the words, "every town containing eight thousand inhabitants and less than twelve thousand, may elect three representatives. Every city or town containing twelve thousand inhabitants, may elect four representatives." And by striking out the word "twelve" in the fifteenth line, and inserting instead thereof, the word "four." But the amendment was rejected. Mr. MORTON, of Taunton, moved to amend the eighth article, by adding to it the words: "and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid." Mr. LORD, of Salem, raised the question whether this language was not a part of the present Constitution, and therefore, not having been struck out by the action of the Convention, it must remain a part of the revised instrument. In reply, the President stated that the committee, by their Report, had given the opinion that these words are not a part of the present Constitution. Mr. WILKINSON, of Dedham, moved a reconsideration of the vote by which Mr. Morton's amendment was rejected. On this motion, Mr. GRAY, of Boston, called for the yeas and nays; which were ordered. At two o'clock, the Convention adjourned. AFTERNOON SESSION. Met according to adjournment. The Convention resumed the consideration of the Report of the - Committee on Revision. On motion of Mr. GRAY, of Boston, the vote by which the yeas and nays were ordered upon the question of reconsidering the vote by which Mr. Morton's amendment was rejected, Was reconsidered; and Mr. GRAY then withdrew his demand for the yeas and nays. The question being upon the motion to reconsider, It was rejected, by a vote of thirty-nine in the affirmative, to one hundred and three in the negative. Mr. LORD, of Salem, moved to amend, by providing that the second, third, fourth and fifth articles, viz.: ART. 2. And in order to provide for a representation of the citizens of this Commonwealth, founded upon the principle of equality, every corporate town, containing less than one thousand inhabitants, may elect one representative in the year when the valuation of estates shall be settled, and, in addition thereto, one representative five years in every ten years. Every town containing one thousand inhabitants. and less than four thousand, may elect one representative. Every town containing four thousand inhabitants and less than eight thousand, may elect two representatives. Every town containing eight thousand inhabitants and less than twelve thousand, may elect three representatives. Every city or town containing twelve thousand inhabitants, may elect four representatives. Every city or town containing over twelve thousand inhabitants, may elect one additional representative for every four thousand inhabitants it shall contain, over twelve thousand. Any two towns, each containing less than one thousand inhabitants, may, by consent of a majority of the legal voters present at a legal meeting, in each of said towns respectively, called for that purpose, form themselves into a representative district, to continue for the term of not less than two years; and such district shall have all the rights, in regard to representation, which belong to a town having one thousand inhabitants. And this apportionment shall be based upon the census of the year one thousand eight hundred and fifty, until a new census shall be taken. ART. 3. The Senate, at its first session after this Constitution shall have been adopted, and at its first session after the next State census shall have been taken, and at its first session next after each decennial State census thereafterwards, shall apportion the number of representatives to which each town and city shall be entitled, and shall cause the same to be seasonably published; and in all apportionments after the first, the numbers which shall entitle any town or city, to two, three, four, or more representatives, shall be increased or diminished in the same proportion as the population of the whole Commonwealth shall have increased or decreased since the last preceding apportionment. ART. 4. No town hereafter incorporated, containing less than fifteen hundred inhabitants, shall be entitled to choose a representative. ART. 5. Each city, in this Commonwealth, shall be divided, by such means as the legislature may provide, into districts of contiguous territory, as nearly equal in population as may be, for the election of representatives, which districts shall not be changed oftener than once in five years: Provided, however, that no one district shall be entitled to elect more than three representatives, Be struck out of their place in the third chapter, and placed among the Propositions to be submitted separately." And upon his motion, the yeas and nays were ordered upon this question. And the roll being called, ninety-one members voted in the affirmative, and two hundred and five in the negative. So the amendment was rejected. Those who voted in the affirmative are: Messrs. Alfred A. Abbott, Benjamin P. Adams, P. Emory Aldrich, William Aspinwall, Samuel Ayres, Messrs. Sidney Bartlett, Erasmus D. Beach, Ebenezer Bradbury, William J. A. Bradford, |