6. Resolved, That it is expedient to alter and amend the fifth article of the sixth chapter, by striking out the words "they shall bear test of the first justice of the court to which they shall be returnable, who is not a party." So that the article, as amended, shall read thus: "ARTICLE 5. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the Commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue, and be signed by the clerk of such court.” On motion of Mr. WILSON, of Natick, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolve on the subject of elections by plurality; and the President requested Mr. Sumner, member for Marshfield, to take the chair. Afterwards, Mr. SUMNER reported, that the committee had made. further progress in the consideration of the Resolve referred to them, and had instructed him to report that it ought not to pass. Mr. MORTON, of Taunton, offered a substitute for the Resolve; pending the consideration of which, At a quarter past two o'clock, on motion of Mr. BUTLer, of Lowell, The Convention adjourned. AFTERNOON SESSION. Met according to adjournment. Mr. HOYT, of Deerfield, presented the Petition of J. A. Saxton, and thirty-two others, of Deerfield, for a declaration in favor of protection to fugitive slaves. Referred to the Committee on the Bill of Rights. Mr. PENNIMAN, of Chelsea, presented the Petition of John P. Coburn, and one hundred others, for a modification of the laws, so that no able-bodied citizen shall be prevented from serving or holding office or commission in the militia, on account of his color. Referred to the same committee. Mr. ALLEN, of Worcester, from the Committee on the Frame of Government, submitted a Report upon an Order of May 17th, concerning the loan of the credit of the State, recommending that it be referred to the committee having that subject in charge. The Report was accepted, and the Order so referred. The same gentleman, from the same committee, submitted a Report, inexpedient to act upon the subject of an Order of the 16th of May, concerning a limitation of the time for the reception of petitions by the legislature. Also, inexpedient to act upon the subject of an Order of the 17th of May, respecting the originating of bills and resolves in the House of Representatives. Also, inexpedient to act upon the subject of an Order of the 18th of May, relating to the permanent establishment of the seat of govern ment at Boston. Also, a Resolve on the subject of an Order of the 16th of May, relative to viva voce elections by the legislature. Mr. WHITNEY, of Conway, from the special committee on the subject of making constitutional provisions for the creation of corporations, submitted a Report and Resolve on that subject. These Reports were severally referred to the Committee of the Whole, and were ordered to be printed. Mr. KEYES, member for Abington, moved that the Resolve on the subject of elections by plurality of votes, and the substitute offered by Mr. Morton, of Taunton, be recommitted to the special committee on that subject. On motion of Mr. SCHOULER, of Boston, the Convention proceeded to the consideration of the Orders of the Day. Mr. BUTLER, of Lowell, then renewed the motion for recommitment, previously made by Mr. Keyes, but afterwards, at the suggestion of Mr. Cady, of Monson, moved to commit the subject to a special committee of one from each county, which motion was agreed to. Mr. HALLETT, member for Wilbraham, offered a Resolution on the subject of elections. Referred to the special committee. Mr. GRAY, of Boston, offered an Order, instructing the Committee on the House of Representatives to prepare a table of population and representation, &c. Laid over, under the rule. On motion of the same gentleman, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolves on the subject of the Council; and the President requested Mr. Briggs, of Pittsfield, to take the chair. Afterwards, Mr. BRIGGS reported, that the committee had made progress in the consideration of the subject referred to them, but had come to no conclusion, and had instructed him to ask leave to sit again. And leave was accordingly granted. At six o'clock, on motion of Mr. WEEKS, of Harwich, THURSDAY, June 2, 1853. Met according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read. On motion of Mr. WILSON, of Natick, Ordered, That the Special Committee on Elections by Plurality be instructed to inquire into the expediency of so amending the Constitution that all vacancies occasioned by failures to elect senators and representatives by a majority on the day of the annual election, shall be filled by elections to be held on the second Tuesday of December, by a plurality of votes; also, so as to give the legislature authority to provide by law that county and municipal officers may be chosen by a plurality of votes-such law not to take effect until two years after its passage. On motion of Mr. COLE, of Cheshire, Ordered, That the Committee on Enrolment be directed to consider the propriety of reporting to the Convention that it is expedient and proper to submit to the people, for adoption or rejection, so much of the amended Constitution as relates to the number of representatives and the basis of their apportionment, elections by plurality or majority, and granting the loan of State credit, in questions distinct from each other and from the Constitution as a whole. Mr. UNDERWOOD, of Milford, submitted the following Resolutions: Resolved, That the House of Representatives shall be composed of members chosen as follows: Every town or city containing less than one thousand inhabitants shall be entitled to one representative every third year. Said towns to be divided, as equally as may be, into three classes; the first class to elect the first year, the second class the second year, and the third class the third year. Every town or city containing over one thousand and less than two thousand inhabitants shall be entitled to one representative every second year. Said towns to be divided, as equally as may be, into two classes; the first class to elect the first year, and the second class the second year. Every town or city of two thousand inhabitants shall have one representative annually. Every town or city of six thousand, shall have two. Every town or city of twelve thousand, shall have three. Every town or city of twenty thousand, shall have four. Resolved, further, That the rate of increase above twenty thousand inhabitants, to entitle any town or city to an additional representative, shall be ten thousand, but no town or city shall in any case have over twenty-five representatives. The Order offered yesterday, instructing the Committee on the House of Representatives to prepare a table of population and representation, &c., was considered and rejected. Mr. MORTON, of Taunton, from the Committee on the Judiciary Power, submitted a Report and Resolves on that subject. Referred to the Committee of the Whole and ordered to be printed. Mr. COLE, of Cheshire, offered the following Order, which was adopted by a vote of one hundred and sixty-five in the affirmative, and sixty-one in the negative : Ordered, That the Convention hereafter adjourn at one o'clock, P. M., until otherwise determined. Afterwards, Mr. MILLER, of Wareham, moved a reconsideration of the vote by which the Order was adopted; and the motion was placed in the Orders of the Day. On motion of Mr. CUSHMAN, of Bernardston, the Convention resolved itself into Committee of the Whole, for the purpose of further considering the Resolves relating to the Council, and the Resolves relating to the Lieutenant-Governor; and the President requested Mr. Briggs, of Pittsfield, to take the chair. Afterwards, Mr. BRIGGS reported, that the committee had made progress in the consideration of the Resolves, but had come to no conclusion, and had instructed him to ask leave to sit again. And leave was accordingly granted. At one o'clock, on motion of Mr. MORTON, of Quincy, AFTERNOON SESSION. Met according to adjournment. The PRESIDENT appointed the Committee ordered by the Convention, on the subject of Elections by Plurality and Majority, consisting of the following members, viz. :— Messrs. Butler, of Lowell, Keyes, member for Abington, Stevenson, of Boston, Rockwell, of Pittsfield, Williams, of Taunton, De Witt, of Oxford, Phinney, member for Chatham, White, of Quincy, Griswold, of Buckland, Morss, of Newburyport, Parker, of Chicopee, Gilbert, of Plainfield, Pease, of Edgartown, and Easton, of Nantucket. On motion of Mr. NAYSON, of Amesbury, the Convention resolved itself into Committee of the Whole, for the purpose of further considering the Resolves relating to the Council and the LieutenantGovernor, and the President requested Mr. Briggs, of Pittsfield, to take the chair. Afterwards, Mr. BRIGGS reported, that the committee had made further progress in the consideration of the subject, but had come to no conclusion, and had instructed him to ask leave to sit again. And leave was accordingly granted. At twenty minutes past six o'clock, on motion of Mr. DUNCAN, of Williamstown, The Convention adjourned. FRIDAY, June 3, 1853. Met according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read. Mr. GREENE, of Brookfield, presented the Petition of Zilpha W. H. Spooner and forty-three others, women of Massachusetts, that they may be permitted to vote on the proposed amendments of the Constitution. Referred to the Committee on the Qualifications of Voters. On motion of Mr. CHURCHILL, of Milton, Ordered, That the Committee on the Governor be requested to consider and report upon the expediency of so amending the Constitution as to provide that in all applications to the executive of this Commonwealth for the exercise of the power to pardon or commute, public notice thereof and of the time and place of hearing the same shall be given, both in the county where the person in whose behalf such application is made, was tried and convicted, and in some newspaper published in the city of Boston; and that it shall likewise be the duty of the said Governor and Council to consult and advise with the attorney of the Commonwealth who was engaged in the trial and conviction of such applicant for executive clemency, as to the propriety of granting the same, or to require the presence of said attorney at the hearing of such application. On motion of Mr. PHELPS, of Monroe, Ordered, That the Committee on Plurality in Elections, take into consideration the expediency of so altering or amending the Consti |
