On motion of Mr. FROTHINGHAM, of Charlestown, the amendment was further amended, by inserting the words "may be " after the word" and," in the third line of the first section.

On motion of Mr. MORTON, of Andover, the amendment was further amended, by striking out the words "each town," in the third line of the first section, and inserting, instead thereof, the words, “in every such town or city."

On motion of Mr. LELAND, of Holliston, the amendment was further amended, by adding to the first section the words, "Provided that no trial justice shall act as such, upon his ceasing to reside in the town in which he was elected."

The amendment of Mr. Morton, as amended, was then adopted. Mr. LORD, of Salem, moved to amend by adding the following section:

No trial justice shall have jurisdiction in any civil action in which both parties shall be inhabitants of towns within this Commonwealth, other than the town by which such justice was elected.

But the amendment was rejected.

Mr. STEVENSON, of Boston, moved that the subject be referred to a special committee; but the motion was rejected, by a vote of ninetyseven in the affirmative, to one hundred and nineteen in the negative.

Afterwards, on motion of Mr. CHAPIN, of Worcester, the above vote was reconsidered, by a vote of one hundred and twenty-seven in the affirmative, to eighty-nine in the negative.

Mr. BOUTWELL, member for Berlin, moved that the subject be laid upon the table; but the motion was rejected, by a vote of ninety-four in the affirmative to one hundred and forty in the negative.

The motion to refer to a special committee, was then agreed to, and the committee were instructed to report to-morrow morning. On motion of Mr. KEYES, member for Abington,

Ordered, That the committee consist of seven members.

The President appointed the committee, as follows:—

Messrs. Stevenson, of Boston, Butler, of Lowell, Chapin, of Worcester, Bartlett, of Boston, Griswold, member for Erving, Dawes, of Adams, and Morton, of Andover.

Mr. CHURCHILL, of Milton, offered Resolutions on the subject of justices of the peace.

Referred to the special committee.

The Resolve granting authority to the Committee on Reporting and Printing, was finally passed, as follows:

Resolved, That the Committee appointed to superintend the publication of the Reports and Proceedings of this Convention, be authorized, in connection with the President and State Auditor, to allow the accounts for such service, and the Governor is hereby requested to draw his order on the treasury for the payment of the same.

On motion of Mr. BIRD, of Walpole, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolves reported by the Committee on the Bill of Rights, also the Resolves reported by a minority of the same committee; also the Resolves reported by a special committee on the subject of legal remedies to the representatives of persons killed by the negligence or misconduct of railroad corporations; and the President pro tempore requested Mr. Schouler, of Boston, to take the chair.

Afterwards Mr. SCHOULER reported the Resolves of the committee, with an amendment to the second Resolve, viz.:—

Add the words, "said writ shall be granted as of right in all cases. where the legislature shall not specially confer a discretion therein upon the court. But the legislature may prescribe preliminary proceedings to the obtaining of said writ."

Mr. SCHOULER also reported, that the committee had instructed him to ask leave to sit again, for the consideration of the Resolves reported by the minority of the committee, and the Resolve on the subject of legal remedies, &c.

And leave was accordingly granted.

The amendment to the second Resolve was concurred in.

On motion of Mr. LORD, of Salem, the further consideration of the subject was postponed until ten o'clock to-morrow.

Mr. STEVENSON, of Boston, from the Special Committee on the subject of justices of the peace, submitted a Report and Resolves on that subject.

Laid upon the table and ordered to be printed.

At a quarter before seven o'clock, on motion of Mr. BReed, of Lynn,

The Convention adjourned.

TUESDAY, July 26, 1853.

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

Mr. MIXTER, of New Braintree, offered the following Order :

Ordered, That the clerk of each of the towns in this Commonwealth that have not sent a Delegate to this Convention, shall receive, for the use of the town, one copy of the Constitutions of the United States, and one copy of the Debates of the Massachusetts Convention of 1820.

Laid over, under the rule.

Mr. DANA, member for Manchester, offered an Order, which, after being amended, on motion of Mr. BIRD, of Walpole, by substituting an Order to "consider the expediency," was adopted, as follows:

Ordered, That the Committee on the Judiciary, consider the expediency of reporting upon the following subjects, to wit:—

1. The holding over of officers having authority under the present Constitution, until officers holding under the Revised Constitution shall be qualified.

2. The commissioning by the governor, of certain officers elected by the people.

3. The authority of the governor to suspend or remove officers elected by the people, or the legislature.

4. The time for the first election under the new Constitution, if adopted.

Mr. HALLETT, member for Wilbraham, from the Special Committee to whom was referred the resolves and proposed amendments on the subject of amendments to the Constitution, submitted a Report on that subject.

On motion of Mr. BUTLER, of Lowell, the rule requiring it to be considered in Committee of the Whole, was suspended.

The Resolve was laid upon the table and ordered to be printed. On motion of Mr. MORTON, of Taunton, the Committee on the Judiciary were authorized to sit during the sessions of the Convention. On motion of Mr. BUTLER, of Lowell, the Convention proceeded to the consideration of the Orders of the Day.

The first subject, viz.: the Resolve on the subject of the commissions of the judges, was amended, on motion of Mr. WALKer, of North Brookfield, by inserting the words "that the Constitution be so amended," in the first line;

And then finally passed, as follows:

Resolved, That the Constitution be so amended, that all judicial commissions which shall issue to any person from and after the tenth day of August, in the year one thousand eight hundred and fiftythree, shall confer no greater tenure of office than the term of ten years.

On motion of Mr. BUTLER, of Lowell, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolve on the subject of uniformity in the mode of receiving votes, &c.; and the President pro tempore requested Mr. Nayson, of Amesbury, to take the chair.

Afterwards, Mr. NAYSON reported, that it was the opinion of the committee that the Resolve ought to pass.

On motion of Mr. ELY, of Westfield, the Resolve was indefinitely postponed.

On motion of Mr. BUTLER, of Lowell, the Resolve reported by the Special Committee, on the subject of justices of the peace, was taken from the table;

And, on motion of the same gentleman, the rule requiring it to be considered in Committee of the Whole, was suspended,

And the Resolve was considered.

On motion of Mr. BUTLER, the fourth section was amended by inserting after the word "officer" in the second line, the words, “ clerk or justice aforesaid."

On motion of Mr. WALKER, of North Brookfield,

Ordered, That debate on this subject shall close at a quarter past eleven o'clock.

Mr. DUNCAN, of Williamstown, moved to amend by striking out all after the words "provide that," and insert instead thereof the words, "justices of the peace shall be elected by the legal voters of the several towns and cities, as may be hereafter provided by law."

Mr. HATHAWAY, of Freetown, moved to amend by striking out the words, "or the issuing of warrants in criminal cases;" but the amendment was rejected by a vote of forty-three in the affirmative, to one hundred and forty-four in the negative.

The amendment of Mr. Duncan was then rejected.

The Resolve, as amended, was then ordered to a second reading. On motion of Mr. BUTLER, of Lowell, the rule was suspended, and the Resolve considered, on the question of its final passage.

Mr. WHITNEY, of Conway, moved to amend by striking out the words, "or the issuing of warrants in criminal cases;"

Mr. ADAMS, of Lowell, moved the Previous Question; which was ordered.

Mr. Whitney's amendment was then rejected.

The Resolve was then finally passed, as follows:

Resolved, That it is expedient to amend the Constitution so as to provide that

1. Trial Justices shall be elected by the legal voters of the several towns and cities where, at the time of such election, there is no police court established by law, who shall hold their offices for a term of

three years.

Every such city or town shall elect one such justice, and may elect one additional for each two thousand inhabitants therein, according to the next preceding decennial census.

They shall have the same jurisdiction, powers and duties, as are now exercised by justices of the peace, which jurisdiction, powers and duties, may be changed by the legislature: Provided, that every trial justice who shall remove from the town in which he was elected, shall thereby vacate his office.

2. Justices of the peace, justices of the peace and quorum, justices of the peace throughout the Commonwealth, and commissioners to qualify civil officers, may be appointed by the Governor and Council for a term of seven years; and those now in office shall continue therein according to the tenure of their respective commissions: Provided, that the jurisdiction of all such justices shall not extend to the hearing or trial of any causes, or the issuing of warrants in criminal

cases.

3. Justices and clerks of the police courts of the several cities and towns of the Commonwealth, shall be elected by the legal voters thereof, for a term of three years.

4. In case of vacancy by resignation, or otherwise, of any State, county, or district officer, clerk or justice aforesaid, excepting members of the legislature, whose efection is provided for in the Constitution. and whose term of office does not expire at the next annual election, the governor shall issue his warrant to the mayors and aldermen of the several cities, and the selectmen of the several towns, to fill the vacancy at the next annual election after it shall have happened; and the Governor, with the advice and consent of the Council, may appoint suitable persons to fill such vacancies until an election by the people.