On motion of Mr. LORD, the yeas and nays were then ordered upon the question of adjournment, 1 And the roll being called, fifty-six members voted in the affirmative, and one hundred and forty-four in the negative. So the motion to adjourn was rejected. Messrs. Benjamin P. Adams, P. Emory Aldrich, William Aspinwall, Artemas Hale, Nathan Hale, Phineas Harmon, George S. Hillard, Messrs. William Hinsdale, Those who voted in the negative are :— Messrs. Shubael P. Adams, James B. Allen, Parsons Allen, Josiah Allis, D. W. Alvord, Alpheus Bancroft, Moses Bates, Jr., John Beal, William Bennett, Jr., Francis W. Bird, William S. Booth, Samuel Houghton, William Hunt, William James, John Jenkins, Frederic W. Lincoln, Jr., Otis P. Lord, Theophilus R. Marvin, J. Thomas Stevenson, Benjamin White, Joel Wilder, Milo Wilson. Messrs. George S. Boutwell, Sewell Boutwell, Hiram N. Breed, Adolphus F. Brown, Hiram C. Brown, Joseph Brownell, Patrick Bryant, Cephas C. Bumpus, William Carruthers, Messrs. Chester W. Chapin, J. McKean Churchill, Ransom Clark, Alpheus B. Clarke, Gilman Day, Silas Dean, Elijah S. Deming, James M. Freeman, Johnson Gardner, Elbridge Gates, James Hewes, Levi Heywood, Henry Hobart, George Hood, Martin Howard, Abraham H. Howland, Henry K. Hoyt, Abijah M. Ide, Jr., Joseph Kingman, Messrs. William H. Knowlton, Albert Knox, Gardner P. Ladd, Justin E. Loomis, Laban Marcy, Abijah P. Marvin, Henry Pierce, Silas Rawson, Luther Richards, Daniel Richardson, Samuel H. Richardson, Joseph M. Rockwood, Chester Sikes, Alfred L. Strong, Charles Sumner, Joseph Thayer, Horatio W. Tilton, David Turner, David P. Turner, William Tyler, George B. Upton, Frederick T. Wallace, At eight o'clock, Mr. HALE, of Bridgewater, raised the question, whether, under the rule adopted in the morning session, on motion of Mr. Griswold, the Convention was not under the necessity of adjourning at eight o'clock. The President, (Mr. Wilson, of Natick, in the chair,) decided, that by the terms of that vote he was not authorized to declare the Convention adjourned at that time. Mr. SCHOULER, of Boston, appealed from this decision. Mr. LORD, of Salem, moved an adjournment; but the motion was rejected, by a vote of sixty-eight in the affirmative, to one hundred and thirteen in the negative. The question being upon the appeal taken by Mr. Schouler, it was not sustained by the Convention. So the decision of the Chair stood as the judgment of the Convention. Mr. ALVORD then withdrew his motion for the Previous Question. On motion of Mr. BUTLER, of Lowell, the Orders of the Day were laid upon the table. Mr. BUTLER then moved that debate upon the pending question cease at ten o'clock; but afterwards withdrew the motion. On motion of Mr. WALKER, of North Brookfield, the Orders of the Day were again taken up. Mr. WEEKS, of Harwich, called for the yeas and nays upon the amendment of Mr. Bird to the first Resolve; But the motion was not sustained by one-fifth of the members voting. Mr. Bird's amendment to the first Resolve was then adopted, by a vote of seventy-seven in the affirmative, to sixty-two in the negative. Mr. ELY, of Westfield, moved an adjournment; but the motion was rejected. Mr. Bird's amendment to the fourth Resolve was then adopted. The first and fourth Resolves, as amended, were then, on motion of Mr. BUTLER, of Lowell, passed over, and it was Ordered, That the question upon their final passage be taken at ten o'clock on Friday, without debate. The second, third, fifth and sixth Resolves were then finally passed, as follow: Resolved, That in all elections of senators and councillors, the person having the highest number of votes shall be elected. Resolved, That it is expedient so to amend the Constitution as to provide, that a majority of votes shall be necessary for the election of representatives to the general court, until otherwise provided by law. Resolved, That in the election of all county and district officers, the person having the highest number of votes shall be elected. Resolved, That in all elections where the person having the highest number of votes, may be elected, and there is a failure of election because two persons have an equal number of votes, subsequent trials may be had, at such times as may be prescribed by the legislature. On motion of Mr. LORD, of Salem, the first and fourth Resolves, as amended, were ordered to be printed. Mr. BATES, of Plymouth, from the Committee on Reporting and Printing, submitted two Reports on that subject. Placed in the Orders of the Day for Friday. At twenty minutes before one o'clock A. M. on Friday, The Convention adjourned. FRIDAY, July 29, 1853. Met according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read. Leave of absence for the remainder of the session, was granted to Mr. Crowell, of Dennis, on account of the illness of his son. Mr. LIVERMORE, of Cambridge, offered the following Order : Ordered, That the pay of members for attendance and travel, be made up by the Committee on the Pay Roll, including Monday, the first day of August next. On motion of Mr. BATES, of Plymouth, the Order was amended by the addition of the following words : And no member shall be entitled to pay beyond that time. The Order was then adopted. The special assignment for Thursday at ten o'clock, viz.: the Resolves offered by Mr. Morton, of Taunton, upon the mode of submitting the question of representation to the people, was taken up. After debate, the Resolves were laid upon the table. The special assignment for this day, at ten o'clock, viz.: the first and fourth Resolves on the subject of elections by plurality, was taken up. Mr. TRAIN, of Framingham, moved to amend the first Resolve, by striking out the word "majority" in the second line, and inserting instead thereof, the word "plurality," and by striking out the word "all" in the same line. But the motion was rejected, by a vote of one hundred and twenty in the affirmative, to one hundred and sixty-four in the negative. On motion of Mr. BUTLER, of Lowell, the yeas and nays were ordered upon the final passage of the Resolves. And the Roll being called, one hundred and eighty-five members voted in the affirmative, and one hundred and fifty-nine in the negative. So the Resolves were finally passed, as follow: 1. Resolved, That it is expedient to provide in the Constitution, that a majority of all the votes given shall be necessary to the election of a Governor, Lieutenant-Governor, Secretary, Treasurer, Auditor, and Attorney-General of the Commonwealth, until otherwise provided by law, but no such law providing that the Governor, Lieutenant-Governor, Secretary, Treasurer, Auditor, Attorney-General, and Representatives to the General Court, or either of them, shall be elected by plurality, instead of a majority of votes given in, shall take effect until one year after its passage; and if at any time after the enactment of any such law, and the same shall have taken effect, such law shall be repealed, such repeal shall not become a law until one year after the passage of the repealing act; and in default of any such law, if at any election of either of the above-named officers, except the Representatives to the General Court, no person shall have a majority of the votes given, the House of Representatives shall, by a majority of viva voce votes, elect two out of three persons who had the highest, if so many shall have been voted for, and return the persons so elected to the Senate, from which the Senate shall, by viva voce vote, elect one who shall be Governor. 4. Resolved, That in the election of all city or town officers, such rule of election shall govern as the legislature may by law prescribe. Those who voted in the affirmative are: Messrs. Josiah G. Abbott, Shubael P. Adams, James B. Allen, Josiah Allis, D. W. Alvord, Messrs. George Austin, Hillel Baker, Marcus Barrett, Eliakim A. Bates, Moses Bates, Jr., |
