Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1853-09-03

using, by "PERMIssIoN," Mr.. Luther S
Cushng's copyrighted "uersion Of that instru-
ment
Seven distinct amendments, "some Of them
new and all OF them independent Of The France
work ofthe government" are separately present.
ed TO the people, for ratification. They may"
to quote The words Of the address, ''be adopted
or rejected, without disturbing the system OF har-
mony ofthe Constitution.
The second proposition, proposed by Mr. Dane,
declares that the
"Wril of habeaS corpus shall be granted as a
right in all Cases in which discretion is not es-
pecally conferred upon the Coun by the Legis
iature.''
This very important Constitutional provision
was finally adopted by vote of 1863 to II. The
third PROPOSITION declares that
SIN all trials for criminal offences, the jury, af
ter having received the instruction of the Court,
shall have the right, in their verdict of guilty or
not gully, to determine the law and the facts of
the CASE
This amendment was discussed by the most
eminent members of the legal profession in the
Convention, with great zeal and with signal ab-
ity, and sanctioned by final vote of LAT 10 &c.
The fourth proposition declares that
Every person having claim against the Com
monwealth ought to have Judicial remedy there
for
None can deny the equity Of this proposition.
1t was adopted by final vol of 1873 to 6. The
fifth proposition declares that
''No person shall be imprisoned for any debt
hereafter contracted, unless in cases offraud.''
This amendment was adopted on The last day
ofthe SESSION, by vote Of l52 TO Is. If the peo-
pie shall incorporate this proposition into their
ganic law, this relic of the barbarlsm of past ages
will be bloued out forever in this Common
wealth. The provisions of the sixth proposition
are 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
Stale for the support Of common schools, shall be
applied 10 and expended in no other schools than
those which conducted according to law, un-
der the order and superintendence Of the author.
tiles of the town or city in which the money is TO
be expended; and such moneys shall never be ap.
IToprated 10 any religious sect, for the main
ienance exclusively Of lis own schooIs''
The object of this amendment, which was IN
troduced by Judge Parker, of Cambridge, is to
preserve the common schools of Massachusetts in
all coming time, from the exclusiveness of secla-
ranism of every kind and degree On the last
day of the session the Convention finally adopted
this proposition by vote of 159 TO "a The
seventh proposition declares that
''lhe Legislature shall not create corporations
by special ACT, when the object OF the incorpora-
ton is atanahle 10y general laws"
Gen. Whitney, of Conway, the Trainer of the
General Corporation Act of 1851 for Manufac-
turing purposes, introduced this proposition (which
was finally adopted by the Convention by vote
Of l69 to I6 Since the adoption Of the Consti-
tuition more than $4O0, 900 900 of capital have
been incorporated by the Legislature. AT the
session of 1858 one hundred and fifty nine acts
were passed Incorporating capital or increasing
| tho capitnl nf 1
ature of 1858 incorporated $25 500, 900 of cap.
tai. This special Legislation bllngs around The
Legislature annually owarms Of lobby members
| and agents asking special favors. Such undue
Influences tend TO corrupt legislation. General
laws and and should be made for incorpora
tons for business, insurance, literary and religious
purposes The ratification of this amendment
cannot but be conducive 10 the public interests.
The 9Th proposition introduced by Mr.
rockingham, of Charlestown, the author of the
Genersl Banking Act of 1851. 1t provides that
81 he l.! gslaure shall have no over to pass
any acl granting any special charter for banking
purposes, any special act 10 increase the capt
tai stock Of any chartered bunk but corporations
may be formed for such purposes, or the capital
stock of chartered banks may be increased under
general laws,
The Legislature shall provide by law for the
registry of all notes or bills authorized by gener
al laws to be issued OF put into circulation as
money, md shall require ample security for the
redemption Of such notes IN SPECIE / his pro-
| position was adopted by vote of SO to SO, on
the last day Of the session.
| | have now traced out the matured results of
the action of the Convention results which the
! Convention have submitted to the calm Judgment
| Of the people of Massachusetts. Upon these
matured acts of the Convention the public intelIi-
gence is now to utter lis potential vuice. From that
! verdict lies no appeal
The friends of progress cannot fail TO see in
| these various propositions many wise and salutary
reforms; and they cannot fail see that the rat
ihcatlon of these reforms will give TO Massachu-
| sets improved Constitutions Constitution
more in accordance with he wants of the people
and the progressive spirit of the age.
Ardent friends of constitutional reform NAV
have felt some degree of disappointment at the
action Of the Convention upon some questions
deemed by Them of the first importance These
friends Of reform should remember that Massa.
ehuseIts is an old Commonwealth she has
a hstorJ-a glorious past, full of recoections
and memories. They should remember that her
people cherish with afeclionate regard the works
and memories of their glorious ancestry,-they
will not touch with irreverent hand The works
achieved by their fathers They should remem-
Der that the people OF Massachusetts instinctiyey
| shihh nun al experiments. lDeY should
also remember that the first proposition fora Con-
ventlon to revise The Constitution was lost 10 1851
and that In 1852 it was carried by immense efforts
Recalling the mind 10 these facts, they cannot
fail TO realize the profound wisdom of that policy
by which the Convention was guded-a policy
which refused to peril wise and bene6cient mea.
sures of reform by the adoption of untr d and
hazardous experiments, OF radical changes which
the people were not prepared TO sustain. The
men of the majority Of the Convention-the men
VIII se unliring efforts had carried The Convention
before The people against powerful combinations
and great interests the whose efforts had
secured more Than 100 majority Of relormers in
the Convention, CLEARLY saw that the hope. the
last and only hope Of the leaders OF the opposi.
tion,-who had denied the constitutionality OF the
act calling the Convention, who had voted against
II two years IN the Legislature, opposed it before
the people, demanded It's repeal by the Legsla-
'ure OF ls53-depended solely upon the adoption
| OF untflpd and rubioal IL.