Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-07-29
CONSTITUTIONAL CONVENTION.

"WEDNESDAY, July n.
Afternoon SeSsion.-Constitution Conventions
The resolves relative to amendments to the Const'
tuition, we're taken from the table and placed the
Calendar
School Appropriations, &c.-The resolve on this
subject, and the resolve the subject of moneys
raised for schools, were taken up, question on final
passage.
Mr. Parker Of Cambridge, moved that the last
named resolve be substituted for the first, which
was adopted, and The resolve amended, passed
without count, as follows:
Resolued, That all moneys raised by taxation in
the towns and cities for the support of Public
Schools, and all moneys which may be appropriated
by the State for the support OF Common Schools,
shall be applied TO and expended in other schools,
than those which are conducted according to law,
under the order and superintendent of the authori
ties of the town city in which the money is 10 be
expended; and such moneys shall never he appro-
priated to any religious sect, for the maintenance,
clus,vely, Of its schools.
representation in the House.-The Committee Of
the Whole was discharged from the further consid-
Grafton OF the resolve the mode OF submitting the
question of representation the people, when, on
milton OF Mr. Morton Of Taunton, tomorrow, at 10
O'Clock, assigned for the consideration Of the
same.
Secarian Schools. White of Quincy, moved
reconsideration Of the vote, passing the resolve on
this subject, which carried, and the yeas and
nays ordered on the same.
Bill OF Rights.-The resolves from the Commit.
tee on this branch of the Constitution, relative to
sundry topics, next considered queslion their
final passage.
Mr. Hallet moved to strike out the addition to
the resolve the subject of the habeas corpus, made
by Mr.. Dana, when the resolves were last consid-
cred.
Mr. Hallett defended his motion on the ground
that the amendment unnecessary, and if put
into the Bill of Rights might tend to bring about
collision between the State and general govern
meAt.
Mr. Reyes replied, ridIcung the idea of danger
to the Union, or conflict with the national iurisdic-
ton, by the adoption Of the amendment, and argued
that the subject matter of il was one which affected
every individual in the StaIe for himself, repelling
as personal insult any ntimation that from fear
for the Union he could not have the fullest secu-
rity Tor the freedom OF the people OF the Common
wealth.
Messrs. Dana, Wilson, Bartlett Of Boston, French
Of New Bedford, aud Lord OF Salem, continued the
debate, when the motion TO strike out was rejected
by 81 to 176.
division Of the question being had, the first two
resolves were finally passed as follows, (the clause
in brackets being he amendment of Mr.. Dana, }
without count:
Resolved, That the Bill o Rights be amended by
adding to the eleventh article, part of the same,
the following woids-"and every person having
claim against the Commonwealth, ought 10 have ju-
dcial remedy therefor"
Resolved, That the Bill OF Rights be amended by
inserting, between the 18th and 18th articles the FOL
lowing additional article, being identical with one
now in another chapter OF the Constitution, and
which more appropriately belongs to the Bill of
Righs:-''VIi The privilege and benefit of the
writ of habeas cOrpus shall be enjoyed in the Com
mouwealth in the most free easy, cheap, expeditions
and ample manner; and shall not be suspended by
the Legislature except upon the urgent and pres
sing occasions, and for limited lime, not exceeding
twelve mon,hs;" [said writ shall be granted as Of
right in all cases where the Legislature shall not es.
pecally confer discretion upon the court but the
legislature may prescribe preliminary proceedings TO
the obtaining of said writ.1
The third resolve was then finally passed without
count, as follows:
Resolved, That the Bill Of Rights be amended in
the last sentence of the 2Sth article BY striking out
the words $50 long they behave themselves well,
and that they" and inserting 'by enures establish
ed by the Constitution, and"; also by striking out
the words ''asceriained and established by standing
laws and inserting, switch shall not be diminish
ed during their continuance in Office so that the
whole sentence, amended, shall read as follows: -
It is therefore not only the best policy, but for the
security Of the rights Of the people, and of every
citizen, that the judges Of the Supreme Judicial
Court should hold their Office By tenure established
BIZ the Constitution, and should have honorable sala-
res, soch shall be diminished during then contin
ance in office
The fourth resolve was as foows:-
Resolved, That he Bill Of Rights be amended by
inserting between the 29th and Both articles, the
following additional article-"Hhs enumerat ton of
rights shall not impair others retained by the PEG.
pie, and no powers shall ever be assumed by the
Legislature that not granted in the Constitu
ton.
After little debate, on motion of Mr., Davis of
Worcester, the last clause-''and no powers, Sc
was stricken out, l35 to so.
The question recurring on the passage of the re-
solve amended, it was rejected, Il6 10 rs.
The next resolve was as follows:-
Resolved, That the Bill OF Rights I've amended
that no person be imprisoned for deb in this Com
monweaGh, except in such cases where fraud can be
proved.
Mr. Davis of Plymouth, moved that the resolve be
tabled. Rejected 81 10 1876.
Mr. Huntington of Northampton moved to insert
! the Words thereafter contracted" after the word
| "debts"
Mr. Lord Of Salam, moved the addition Of the
words cor upon any judgment hereafter recovered in
| any civil suit''
These propositions called out considerable debate
when the previous question was applied, and the
| amendment of MIR Lord rejected and that Of Mr.
| Huntington adopted.
The resolve as adopted, was then finally passed,
which completed the series.
Future Conventions resolve Of the special
| Committee on the subject Of Constitutional Conven.
tions were taken up, and several verbal amendments
made.
Mr. Lord Of Salem moved an amendment to the
effect of making the majority for any Convention
before being available, sat least equal to one hall
the number Of votes cast for Governor at said cleo
| ton"
Pending the consideration of this amendment
the previous question moved, and the yeas and
nays called on its adoption, when it was sustained
LOG to SO.
The amendment then rejected, and the re-
solves ordered 10 a second reading. Adjourned.
THE CoNvENTIoN.-In the Convention yes.
terday, The important resolve, which was de.
bated Wednesday, viz giving the jury the righ
in criminal case 10 decide on the law and the
facts of the case, again came up for their fina