Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-18
Remarks of AIR COgsweIi of Worcester,

this subject, with an unfeigned dlthdence. am
oppressed by the recollection that at the last ses-
sion of the Legislature the proposed amendment
received, in the manner provided for by the Con-
stitution, the sanction Of the two cOncurring bod
les that during the present session, it has been
agreed to, by the all but unanimous voice of the
other branch that it is supported in this house
by very large and respectable body, and that
there is to say the least, strong probability it
Will, tomorrow, be passed to its final stage, and
submitted to the people. l am very we'll aware
that 1t receives the support and cOuntenance
OF many gentlemen for whose opinions l enter
tain the most profound respect, and with whom,
on ordinary occasions, it is my Tride and pleasure
to act AS citizen of the Commonwealth, ever
anxious that the irit of equal and impartial jus
tice should pervade the whole body and frame
work of our laws. gratefully acknowledge that
the friends of this amendment appear TO have in
tended that 1t should no. be liable to the charge
of prescription and intolerance, which has been
brought against certain other proposed changes
of the organic law. 1t kindly reserves the rights
OF those to whom nature has not been kindly, and
those upon whom the weight of threescOre years
presses heayily-who have reached that epoch,
when, life's record almost ended, the gTasshop
per becomes burden, when ambition is almost
always quenched, and the impulse to exerton is
faint and cold If this amendments to be agreed
to by us, and adopted by the people, l hope, in
all sincerity, that it will be found, in its pract.
cal operation, equal and successful than
there seems 20 me reason to fear And yet, sir,
l am constrained to say, that, after careful eX-
animation Of this resolve, cannot give il my
support, and l ask the indulgence of the House
whilst / state the reasons which have had weight
with my own mind.
And, in the outset let me allude to a sugges~
ton which l have heard frequently made here,
not only with regard to this, but the other amend
| ments, which have been and will be presented for
| our consideration-that, having passed both
branches of the Legislature in former year. the
present Legislature is not bound to bestow upon
them very critical scrutiny, but may pass them
| by, a matter of course, and suffer them to go
to the people, Sir, | cannot subscribe to the doc
trine, either in principle, applied to these
particular cases. Such is not the manner in
which our fathers have treated grave constitu-
tional propositions. Such propositions are very
different in character from changes which are
proposed in such laws and statutes as are the
subjects of ordinary legislation. AS to the latter,
it is evidently impossible for each individual leg
iSlatOr to consider them all maturely. So many
subjects are presented for our consideration and
sucn multiplicity of bills are proposed, that
must, of necessity, often rely upon the sound
judgment and good faith of individuals, and the
fidelity of committees. If we do injustice by our
action, scarcely six months will elapse ere anoth-
er legislative body will occupy seats, and re-
wise and perfect our mistaken conclusions. 1t is
not so with changes in the Constitution-once
incorporated into the framework of government,
years, perhaps forever. As simple abstract prop
ostions, naked TO the understanding, and not
clouded by the ordinary verbiage of legal enact
ments, Microscope and object are palpable TO any
understanding, and there is no room for mistake
or misrepresentation. In this spirit, our fathers
have always acted, in reference to the construc
ton or modification of the Constitution
We have had three constitutional conventions
in Massachusetts, each illustrated by genius,
learning, and patriotism. The Convention of
1879 was adorned and supported by the genius
and virtue OF Adams and Bowdoin. The Conven-
ton Of 1920 was still more able body, and its
deliberations have become part of the constitu-
tional history of our country. A few illustrious
survivors of that great circle of sagacous states
men yet remain among us, worthy eXemplars of
Massachusetts influences and Massachusetts ta-
bility-siurdy oaks, that have defed the storms
of time and the foods Of change We may judge
of the sterling character of that body, in which
| even Lincoln, and Quincy, and Shaw, were per-
| haps not the most eminent and influential. OF
the Convention of 1858 it is not necessary to
| speak Its history is too recent, and the causes
| of the rejection of its conclusions by the people
| are well known. The Convention Of 1920, pro-
| vded, in the 9th article of amendment, an easy,
| and comparatively expeditions way Of present.
ing, for the consideration of the people, other
| changes which might be proposed Yet the mod
ifcations, presented and adopted in the long in
terval, have been, on che whole, very few and un.
| important, mostly rendered imperatvely neces-
| sary by change of circumstances, and mostly linn
tied to the election of officers, and changes in the
system of repres entation. Within year two,
there seems greater tendency to links the Con-
stitution, and, especially, an inclination, on the
part of the Legislature, to avoid responsibility in
| the manner indicated But, for my own part, il
seems to me- that the Legislature of the first year
has much greater reason to consider themselves
absolyed from the necessity of careful delibera-
| ton upon proposed amendment, than the Leg.
islature Of the second. They may we'll urge this
| proposed change strikes US favorably-let us
send it to the next Legislature, and then, with
greater light and the advantage of more am.
pie and general discussion, they can decide
| intelligently." The Constitution evidently con-
templates that the General Court of the second
| year shall act as check upon the first. 1t is a
| part of our constitutional obligation, as Repre-.
sentatives, under the sanction of an oath, to act
for what seems to the best interests of the peo-
pie The duty is imperative uponus, TO act upon
| the best light obtain, even il by so doing
we defeat the proposition BY our single Individual
| vote, and in its latest stage.
| do not make these remarks, as intending to
impute, to this intelligent and conscientious
| body, any negligence in this matter. [ cannot
/ believe that any gentleman will vote tomorrow.
upon this proposition without having scrutinized,
carefully and seriously, not only in its practical
| bearing, but comparing it, also, with the other
| provisions OF the Constitution and the general
| spirit Of that instrument.
| with your leave, Mr. speaker, will read the
amendment, as passed by the Legislature of 1856:
"No person shall have the right to vote, or be
eligible to hold office under the Constitution of
this Commonwealth, who shall not be able to read
| the Constitution in the English language, and
| write his name prOUtded hoWeUer, that the pro
visions of this amendment shall not apply to any
person prevented by physical disability from com
plying with lis acquisitions, nor to any person
who now has the right 10 vote, nor to any per-
sons who shall be sixty years of age and upwards
at the time This amendment shall take effect"
My first objection to this amendment, is, not
for what it does say, but for what il does not saw
1t will be noticed that, in the first clause the
right of voting and being eligible to Office under
the Constitution, is taken away from a certain
class of persons, viz those who shall not be able
to read the Constitution in the English language,
and write their names. The proyiso however,
excerpts from these provisions those persons who
now have the right to vote, but it does not in
clude those who are now eligible to Office
Hence, such are excluded from the saving clause,
in this respect. The right to vote and to be eli.
gible to office, are under the Constitution, equal
and correlatiye privileges of the citizen. The
Bill of Rights provides this. Turn TO that noble
declaration of natural and inalienable rights
the great magma charta of our liberties, as it is,
which, as was said by a brilliant orator in the
convention of 1853, should be "spared in its very
rust as we would spare the common English of
the Bible" and which should certainly control
every other part of the CONSTITUTION, the basis
ana groundwork upon which it is built-and we
find the following declaration:
"All the inhabitants of this Commonwealth,
having such qualifications as they shall establish
by their frame of government, have an equal
right to elect officers, and to be elected, for pub
lie employments."