ject of filling vacancies in the Convention, submitted a Report, concluding with a recommendation, that no action be taken upon the subject by the Convention at the present time.

The same gentleman, from the Committee on the Frame of Government, submitted a Report on the subject of the name-" The Commonwealth of Massachusetts," recommending that it be retained in the Constitution; which Reports were read, and placed in the Orders of the Day for to-morrow.

Mr. SIMONDS, of Bedford, presented a series of Resolutions relating to election returns.

Referred to the Committee on Elections.

On motion of Mr. BROWN, of Dracut, the Convention proceeded to the consideration of the Report of the Committee on Elections, the pending question being the motion of Mr. LADD, of Cambridge, to recommit the Report, with instructions to report a vacancy in the delegation from the town of Walpole.

After debate, the motion was rejected, and the Report was then accepted.

On motion of Mr. LIVERMORE, of Cambridge, the Convention proceeded to the consideration of the Orders of the Day; the first matter being the motion of Mr. TRAIN, of Framingham, that the vote by which the form of notice to the town of Berlin was adopted, be reconsidered.

Without disposing of the subject, upon motion of Mr. DURGIN, of Wilmington,

The Convention adjourned.

FRIDAY, May 13, 1853.

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

Mr. BATES, of Plymouth, from the committee to whom was referred the subject of assigning seats to the members, submitted the following Report:

They recommend that after reserving twelve seats to be given to those who were members of the Convention of 1820, and those who are aged and infirm, the remainder be distributed by lot, in the manner now provided for seating members of the House of Representatives.

On motion of Mr. LIVERMORE, of Cambridge, the rules were suspended, and the Report considered and accepted.

Afterwards, Mr. BATES, from the same committee, offered an Order for the appointment of a committee to proceed to the drawing of seats.

Mr. THOMPSON, of Charlestown, offered an amendment, and then, upon motion of Mr. HOOPER, of Fall River, the Order was recommitted to the committee.

On motion of Mr. COLE, of Cheshire,

Ordered, That the Committee on the General Court be instructed to consider the expediency of so amending the Constitution that no bill or resolve of the Senate and House of Representatives shall become a law or have force as such, until it shall have received a majority of the votes of all the members of both branches of the legislature elected by the people.

On motion of Mr. FRENCH, of New Bedford,

Ordered, That the Committee on the Bill of Rights be instructed to inquire into the justice of incorporating into that instrument provisions which shall effectually secure to all persons on Massachusetts soil their inherent and inalienable rights to liberty, in all cases whatsoever, except as a punishment for crime, and that they shall not be deprived of that liberty without trial by jury and the application of all the forms and safeguards included in what is called "due process of law," and report thereon.

On motion of Mr. HATHAWAY, of Freetown,

Ordered, That the Committee on the Bill of Rights be instructed to consider the expediency of incorporating therein a declaration that in all criminal proceedings for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

On motion of Mr. RICE, of Leverett,

Ordered, That the Committee on the Senate and House of Representatives be directed to consider the expediency of so amending the Constitution that those bodies shall convene not over ninety days at one time, under pay of the State; that their compensation shall not exceed two dollars and fifty cents per day, and that after the ninety days shall have expired, if the session is continued, their services shall be gratuitous.

On motion of Mr. EDWARDS, of Southampton,

Ordered, That the Committee on the House of Representatives be directed to consider the expediency of so amending the Constitution that each and every incorporated town shall be entitled to at least one representative annually.

On motion of Mr. BRADFORD, of Essex,

Ordered, That the Committee on the Governor be instructed to consider the expediency of so amending the Constitution that every citizen of the Commonwealth, being a legal voter therein, shall be eligible to the office of governor thereof.

Ordered, That the Committee on Amendments and Enrolment be instructed to consider the expediency of adding to article 10, chapter 6, part 2, the words-" Provided, that the people of the Commonwealth shall at all times have the right inalienable of making any revision and alteration of this Constitution, by delegates to be by them chosen for this purpose, in convention assembled."

On motion of Mr. TRAIN, of Framingham,

Ordered, That the Committee on the University at Cambridge be directed to consider the propriety and expediency of expunging from the Constitution, so much thereof as relates to the University at Cambridge.

On motion of Mr. WALLACE, of Palmer,

Ordered, That the Committee on the Judiciary be instructed to consider the expediency of providing in the Constitution that the judges of the several courts of the Commonwealth shall receive ample and honorable salaries; which shall not be diminished during their continuance in office; and report thereon.

On motion of Mr. DUNCAN, of Williamstown,

Ordered, That the Committee on the Judiciary be directed to consider the expediency of providing for the election of justices of the Supreme Court, and the judges of the Court of Common Pleas by the legislature upon joint ballot for the term of seven years, in such order as may be hereafter determined: provided, that no person shall be deemed eligible to, or continued in such office, who shall have passed the age of seventy.

On motion of Mr. BROWN, of Dracut,

Ordered, That the Committee on the Encouragement of Literature be instructed to inquire into the expediency of so amending the Constitution, that all the proceeds of the sales of the public lands in

the State of Maine, owned by this State, and not now otherwise appropriated, shall be appropriated to the support of common schools. On motion of Mr. LELAND, of Holliston,

Ordered, That the Secretaries of the Convention be authorized to employ the present contractors for legislative printing, to execute the printing for the Convention, at the same rate of compensation fixed by their contract for legislative printing.

Mr. GREENE, of Brookfield, offered Resolutions concerning the organization of, and mode of electing the Senate. Referred to the committee on that subject.

The PRESIDENT announced the appointment of the following Committees, viz. :

On the Pay Roll.

Messrs. Livermore, of Cambridge, Ely, of Westfield, Preston, of Boston, Pool, of Abington, Hunt, of Weymouth, Davis, of Methuen, and Carruthers, of Salisbury.

On Leave of Absence.

Messrs. Fay, of Southborough, Fowler, of Danvers, Dean, of Stoneham, Crockett, of Boston, Brown, of Tolland, Adams, of Topsfield, and Clarke, of Townsend.

On the Order offered by Mr. Hooper, of Fall River, concerning Elections by Plurality.

Messrs. Hooper, of Fall River, Osgood, of Northfield, Beebe, of Boston, Hyde, of Sturbridge, Parsons, of Lawrence, Edwards, of Southampton, Davis, of Truro, Winslow, of Windsor, Simonds, of Bedford, Breed, of Lynn, Parker, of Chicopee, Beal, of Scituate, and Andrews, of New Salem.

The PRESIDENT appointed Mr. Bird, of Walpole, to serve upon the Committee on the University at Cambridge, in place of Mr. Ward, of Newton, excused. Also, Mr. Lincoln, of Raynham, to serve upon the Committee on Secretary, Treasurer, &c., in place of Mr. Paine, of Brewster, excused.

Mr. WILSON, of Natick, from the Committee on the Senate, submitted a Report on that subject, which was referred to the Committee of the Whole, and ordered to be printed.

Mr. ABBOTT, of Lowell, from the Committee on Elections, submitted a Report on the subject of the vacancy in Boston, which was considered and accepted, as follows:

That from the examination of a letter from Henry B. Rogers, one of the persons chosen as a Delegate to this Convention from the city of Boston, to Hon. William Appleton, a Delegate from said city, the committee are satisfied that Mr. Rogers intended to decline serving as a Delegate in this Convention; they therefore report, that one vacancy exists in the delegation from the city of Boston, and that a notice of such vacancy be given from the Convention to the authorities of the said city of Boston, in the form to be determined upon by the Convention.

Ordered, That when the Convention adjourn, it adjourn to meet on Monday next, at three o'clock in the afternoon.

The Convention proceeded to the Orders of the Day, the first matter being the motion of Mr. TRAIN, of Framingham, to reconsider the vote by which the form of notice to the town of Berlin was adopted. Without taking the question,

On motion of Mr. WILSON, of Natick, the Convention adjourned.

MONDAY, May 16, 1853.

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

Mr. GOURGAS, of Concord, submitted a Report from the Committee appointed to consider the subject of reporting and printing the Proceedings and Debates of the Convention, accompanied by several Orders, and on his motion, the subject was considered at the present time.

After debate, upon motion of Mr. SCHOULER, of Boston, the subject was assigned for consideration at a quarter past three o'clock, and the Report and Orders were ordered to be printed.

The PRESIDENT read a communication from Hon. Peleg Sprague, one of the Delegates elected from the city of Boston, resigning his seat in the Convention, on account of the state of his health.

On motion of Mr. BARTLETT, of Boston, his resignation was accepted by the Convention. Mr. Bartlett further moved, that the Secretary give notice to the city of Boston of the existing vacancy. This proposition was amended, upon motion of Mr. FROTHINGHAM, of Charlestown, so as to direct the Secretary to notify, "in such manner and form as the Convention shall hereafter adopt;" and the motion thus amended was adopted.