Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-07-28
CONSTITUTIONAL CONVENTION.

The Convention went into Committee OF the
Whole (Mr Schouler of Boston, in the chalr) on
the report Of the Committee on the subject OF the
Bill OF Rights. The Report OF minority OF that
committee, concerning religious liberation, being
first considered, their report states that The Sec
ond article of the Bill Of Rights ought to be al
tered as to change the words, ''lor his religious
profession or sentiments, to the words, "ior his
profession or sentiments concerning religion
So that it will read If so amended-ssAnd no
subject shall be hurt, molested, or restrained in
his person, liberty, or estate, for worshlpping
God in the manner and in the season most agree
able to the dictates Of his own conscience, or his
profession or sentiments concerning religion
Mr. Whitney Of Boylston, moved to add to the
end of the report the words, ''except those per-
sons whose religion forbids the taking of human
life" The amendment was rejected.
Mr. Spooner of Warwick then moved to add TO
the close of the report, the words, "or any other
subject" Also rejected.
The resolution was then rejected by vote
12l TO 127.
Mr. Halleit Of Wilbraham at once moved re-
consideration, but his motion was also rejected
without count
Law Martial. The resolve from minority of
the same Committee concerning this subject, was
next taken up The report proposes to strike out
from the 2Sth article of the Bill of Rights, the
words, ''but by the authority ofthe Legislature. !"
So it will read if so amended-"No person can
in any case be subjected to latc martial, or to
any penalties or pains by virtue of the law, ex-
cept those employ ed in the army or navy, and ex-
cept those of the militia employed in actual
VICE.
Mr. Halleit explained, and advocated the prop
osltion, as tending to secure the civil power
against the encroachmens OF the military power.
Report accepted.
The next report Of the minority of the Commit
tee Constituting juries judges of law as well of
fact,) then takeu up but without action
thereon the Committee rose and reported 10 the
Convention, and asked leave 10 sit again.
In Convention, Mr. Butler of Lowell, moved
that the Committee Of the Whole be discharged
from the furter consideration of the subject which
motion was sustained.
Mr. llalett called for the yeas and nays on the
question Of concurring with the Committee in the
rejection Of the first report; and they were order
ed. The roll was then called with the following
result; Yeas 1876, nays LOG; SO the Convention
concured with the Committee, and the report
was rel ected.
The question then REQUIRED on agreeing with
the Committee in the acceptance of The report
concerning Law Martial.
WEDNESDAY, July 81.
position under which he had suffered for several
days, reappeared and took the chair.
The order offered by Mr.. Mixter of New Brain
tree, for supplying unrepresented towns with cop
les of the proceedings Of the Conventions of 1920
and 1853 was adopted.
Judges and Juries.-The following resolve was
taken up, having been reported as minority re-
solve by Messrs Hallett, Burlingame, Charles
Sumner, L. March, Charles Allen and H. Will
liams
-Io44 = -. l. III ~
10Th Article of the Bill of Rights the following
clause In all trials for criminal offences the
jury, after having received the instruction of the
Court, shall have the right, in their verdict of
guilty or not guilty to determine the law and the
facts of the case.'
Mr. Rurlngame claimed that this resolve was me-
cessary check the encroachmenis of the bench up
the perfect Independence Of juries. Itwould be
relief to judges put it in practice, and it was
prnci lie which had been favored by all the brightest
ornaments Of the bar, except Judge Story and Lord
Mansfield.
John Adams maintained the principle of this resolve.
Judge Chase, Of the U. S. Supreme Court was i'm
peached, one of the charges against him being Tor
holding this opinion, and his opinion was confirmed
by his acquittal Of that charge.
MIR Haett of Wibraham, believed that history
had always proved that juries right and judges
wrong, in everything pertaining to human liberty
The witchcrafl convictions originated in the Judging
Of law by an English judge. This resolve intended
to restore to ures the rights which they at first ex-
ercised, and which had fallen into dsuse because of
the encroachmenis Of Judges.
MIR Dana Of Manchester, believed that liberty was
best preserved by the division of power, and he
would therefore let the judge be the judge of law
and the jury Of facts, and moi place all the power in
the hands Of the jury. One jury might be empanneI-
ed, which would declare law unconstitutional; a
succeeding one would take the opposite view and