tained by the large towns and cities is in a fair measure compensated by the manifest advantages accorded to them in the constitution of the Council and the Senate. The inequality of representation between particular towns, when tested solely by population, may, in some cases, apparently be great; but when the rights of different interests and different sections of the Commonwealth are considered in connection with the whole system of elective government, the basis of the House cannot be deemed unequal or unjust. The Senate and Council are based upon population rather than voters, by which the inhabitants of the cities and large towns have influence in these two important departments of the government, quite disproportionate to their just elective power. No human government can attain to theoretic accuracy; and in a state where pursuits, habits and interests are various, it certainly is not the part of wisdom to place unlimited power in the hands of any. We invite you to consider that the governor represents the voters of the State; that the Council and Senate represent population, without any reference to voters, and, as a consequence, that these two departments of the government will eventually be in the control of the cities and chief towns; and finally, that we have sought only to secure to the rural districts, and to the agricultural and mechanical population and interests, a reasonable share of power in one branch of the Legislature. This influence gives to this portion of the people, power to assent to, but never to dictate, the policy of the government. The Convention of 1780 declared that "an exact representation would be impracticable, even in a system of government arising from the state of nature, and much more so in a State already divided into nearly three hundred corporations." We have encountered the same difficulty, and hope we have overcome it, in our day, as well as they overcame it, in their day.

But our deliberations have not been confined to the proposed system. Many of your delegates are of opinion that the State should be divided into districts, for the election of representatives, according to the number of voters in each. In this opinion a large majority of the Convention do not concur; but we think it our duty, first, to interpret the people's will, and then to give a fair opportunity for its expression upon all questions of importance, whenever such a course is practicable. We have therefore made a constitutional provision, that the Legislature of 1856, under the census to be taken in 1855, shall present a district system, which may be then substituted for the one recommended by the Convention, if, in the judgment of the whole people, it is wise to make the change.

We have also provided that the cities and large towns shall be so districted for the choice of representatives, that no district shall be entitled to elect more than three members.

In the judgment of the Convention, the election of many officers on a single general ticket, is not compatible with the freedom and purity of the representative system.

The property qualification of the governor and lieutenant-governor has been abolished.

The Council has been made elective by the people in single districts, and the records of that body are hereafter to be subject to publie examination.

We have provided that the attorney-general, the secretary of the Commonwealth, the auditor, and the treasurer, officers now appointed by the governor or chosen by the Legislature, shall hereafter be elected annually by the people; and that judges of probate, registers of probate, sheriffs, clerks of the courts, commissioners of insolvency, and district-attorneys, officers now appointed by the executive or the courts, shall also be elected by the people for terms of three years.

We have also provided that the justices of the Supreme Judicial Court, and the Court of Common Pleas hereafter appointed, shall hold their offices for the term of ten years.

In a free government the people should be relieved in a reasonable time, and by the ordinary course of affairs, from the weight of incompetent or unfaithful public servants. Under the present Constitution a judge can only be removed by the difficult and unpleasant process of impeachment or of address. Such remedies will be resorted to only in the most aggravated cases.

Under the proposed system we have no apprehension but that faithful and competent judges will be retained in the public service, while those whose places can be better filled by other men, will retire to private life, without violence or ungracious circumstances, and scarcely with observation.

It is proposed that justices of the peace shall be divided into two classes. Those whose duties are chiefly ministerial, will be, as heretofore, appointed by the Governor and Council, while those intrusted with judicial authority are to be elected by the people, and to hold by a tenure of three years.

Under the original Constitution, voters and public officers were required to possess property qualifications. These have heretofore been removed in part, and we now recommend the entire abolition of the property qualification in the voter for all national and all state officers mentioned in the Constitution. The obligations of citizens to contri

bute to the public expenses by assessment of taxes are not in any degree changed.

Provision is also made for the secrecy of the ballot. By the ballot the citizen, at the same time, declares his opinion on public affairs, and asserts his equality with every other citizen. Freedom of opinion and freedom in the expression of opinion, are individual rights, to be limited or controlled only by a public necessity. We see no public necessity which ought to deprive the citizen of these rights, and we have therefore made provision for their protection.

We also provide absolutely that, in many elections, persons having the highest number of votes shall be chosen. This rule has been applied principally to the elections in counties and districts, where the trouble of frequent trials is great.

The governor, lieutenant-governor, secretary of the Commonwealth, attorney-general, treasurer, auditor, representatives to the General Court, and town officers, are exceptions to the rule.

In case of a failure to elect either of the first six named, the election is referred to the General Court, while subsequent trials may be had for the choice of representatives and municipal officers. We have, therefore, as we think, retained the majority rule where its application will be least burdensome to the people. At the same time, we have provided that the legislature may substitute the plurality rule, whenever the public will shall demand it, with a condition, that no act for that purpose, shall take effect until one year after its passage,

Thus, we have given an opportunity to test the wisdom of the plurality system by experience, and power to apply it to every popular election in the Commonwealth, whenever the deliberate judgment of the people shall require it.

The various provisions relating to the militia have been revised, some important changes have been made, and that department of the government will rest more firmly than ever on a constitutional basis.

Changes are proposed concerning the University at Cambridge, and the General Court is instructed to provide means for the enlargement of the School Fund, until it shall amount to a sum not less than two million of dollars.

Although the Constitution has always asserted, in the strongest terms, the right of the people, at all times, to alter, reform, or totally change, their frame of government, yet it has been contended by some, that the operation and effect of the specific provisions for amendments, contained therein, have been such as practically to impair or render doubtful, this great right. We have, therefore, thought it wise, while

we recognize and retain the mode of exercising this right, practiced hitherto in this Commonwealth, to introduce additional provisions, to meet possible future exigencies, and to enable the people, without controversy, to hold periodical Conventions, that shall not be subject to, or restricted by, any previous or subsequent act of the Legislature. Trusting that you will examine with care, the proceedings of the Convention, and the result to which it has come, we deem it unnecessary to explain several less prominent changes proposed in the Constitution of this Commonwealth.

We also submit seven distinct amendments, which are presented separately for your ratification. Some of them are new, and all of them are independent of the framework of the government, and may either be adopted or rejected, without disturbing the system or harmony of the Constitution. They have all, however, been sustained by decisive majorities of your delegates, and embrace important and essential principles in popular government.

The formation or the revision of a popular constitution is an epoch in the history of a free people.

We are sensible of the magnitude of the trust which you have confided in us; but it is not more important than the just decision of the questions which we submit to you.

We have no doubt that your decision will secure a result beneficial to Massachusetts, and, under Divine Providence, will render more and more illustrious our ancient Commonwealth.

On motion of Mr. BIRD, of Walpole,

Ordered, That the Resolves contained in Document No. 128, and the Address to the people, signed by the President and Secretaries, be printed, in connection with the copies of the Revised Constitution ordered to be printed for distribution; and that thirty-five thousand additional copies of said Constitution, with the Resolves and Address, be printed for distribution, in accordance with the Orders already adopted.

On motion of Mr. CUSHMAN, of Bernardston, the Report of the Committee on the Pay Roll was taken from the table, and adopted, as follows:

COMMONWEALTH OF MASSACHUSETTS.

In Convention, August 1, 1853.

The Committee on the Pay Roll, in compliance with an Order of the Convention, directing them to make up the pay roll, have attended

to that duty, in accordance with a Resolve passed on the 28th day of June last, and report the sum herewith, amounting to $114,092, and also report the accompanying Order.

For the Committee,

ISAAC LIVERMORE, Chairman.

Ordered, That the Pay Roll of the Convention, as reported by the Committee, in accordance with the Resolve of the 28th of June last, and the Order of July 29th, be transmitted by the Secretary to the Auditor of Accounts, and that he be requested to obtain from the Governor a warrant upon the treasury of the Commonwealth, to authorize the payment thereof, and notify the Convention when the warrant has been drawn.

The Resolves reported by the special committee to whom were referred several Orders concerning the Documents and Debates, &c., Were taken up, and amended, on motions of Mr. Earle, of Worcester, and Mr. Paige, of Boston,

And then finally passed, as follow::

1. Resolved, That White & Potter be instructed to deliver, without additional charge, the remaining numbers of the quarto edition of the Journal of Debates, at such places in Boston as the members shall respectively order.

2. Resolved, That each member of this Convention be furnished with one copy of the Journal of the Debates, of the octavo edition, additional, to the one heretofore ordered.

3. Resolved, That the Messenger be directed to deliver, without additional cost, the copies of the Debates aforesaid, together with the Journals of the Convention, heretofore ordered, and the completed file of the Documents belonging to each member, at such place in Boston as the members shall respectively order; and also to send, in the usual manner, the copies of the Journals and Debates to the towns, cities, and public bodies, as ordered by the Convention, and also send to each town or city, its quota, in proportion to population, of the copies of the new Constitution, heretofore ordered to be published.

On motion of Mr. STETSON, of Braintree, the vote by which the Protest of William C. Nell and others, was ordered to be placed upon the Journal of the Convention,

Was reconsidered, and

The Protest was laid upon the table.