Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-05-21
MASSACHUSETTS LEGISLATURE,

SENATE.-A bill was reported authorizing
the terms of the loan to the Norwich and
Worcester Railroad.
Ehe Kansas Aid Resolves were taken up,
and Mr.. Bonney, Of Middlesex, moved an
amendment that no money should be drawn
from the Treasury under this resolve until
the Supreme Court shall have declared the
resolves to be constitutional.
Mr.. Albee said that it was in the power of
the Government to make the inquiry of the
Supreme Court, and he thought it was not
worth while to make any stipulation on that
point. Mr.. Shaw commented upon the abb
surdity of enacting a law, and attaching to it
a proyiso that it should not be law until it
was declared to be good by another branch of
the government.
Mr. Hoar argued that this plan was not in
accordance with the spirit of that provision of
the constitution which allows the Legislature
to ask the opinion of the Court upon ques-
lions of law. He opposed the amendment at
some length.
Mr.. Warner said that this provision would
place both the Legislature and the Governor
In an awkward predicament The Governor
will not of course sign the resolves unless he
believes them to De constitutional by this
proviso we first make him declare them I'M
constitutional in his opinion, and then ask
the Supreme Court whether they are or not
Mr.. Harris, of Plymouth, argued in favor
of the amendment.
Mr.. White, of Middlesex, opposed the
amendment He was followed by Mr.. Hoar
in another legal statement Of reasons against
the amendment.
MIR. Stone, of Essex, advocated the amend
ment, and then the vote was taken with this
result:
Yeas Atwood, Batchelder, Bonney, Burbank, Clark,
oowdin, Field, Harris, Haynes Hunking, Messenger
Mitchell Mixter, Poor, sawn, Stone, Swift, Turner,
Ravs-Albee, Ames Breckenridge, Churchill, Green,
Hitchcock, Hoar, Merrick, Rogers, Sabin Shaw, Taft
Usher, Warner, White, Young-l6,
So the amendment was agreed to.
A debate took place on the passage of the
resolves to be engrossed. Mr.. Albee hoped
the resolutions would pass, in spite of their
| defects. Mr.. Shaw said that he should vote
for them, in the hopes that the House would
| restore them to their proper shape. Mr..
| Warner said that as the resolves were accom-
panied by provisions which place the State i'll
a niggardly and contemplate position, he
! should vote against them. In relation to Mr.
! Bonney's constitutional scruples, he said they
| were OF sudden growth, as within a few days
| he had voted to pass the resolves to third
| reading, without any provision as to the opin-
ion OF the Supreme Court.
Mr.. Hoar said that he should vote for the
resolves, with hopes that hereafter they might
be placed in better shape.
Mr.. Taft said that the amendment Just
adopted takes away all moral effect from the
bill If the bill cannot be passed in respecta-
bic shape, let us say so and act accordingly.
The resolves were then passed to be en-
crossed by the following vote:
Ysas-Albee Aues, Bonney, Breckenridge, Churchill
Green Harris Haynes, Hitchcock Hoar, Merrick Mitch
ELL Rogers sabin, Shaw, Stone, Wheeler White, Young
| -19.
Nays-Atwood, Batchelder, Burbank, Clark, Cowdin,
Hunking, Messenger, Mixter, Poor, Sawin, Taft Taylor
Turner. Usher, Warner-15
Attarnoon SesSion.-The Tunnel Loan Bill
was taken up, debated, and ordered to a third
reading
HoUsE.- Sunday bills, &c., were passed to
be engrossed. To repeal the act to change the
time for assessing taxes in the city of Boston
| in relation to the State Map; concerning the
Returns of the Justices of the Peace to in
corporate the Newton Railroad Co. 10 pre-
vent instructions in the ferry way between
New Bedford and Fairhaven.
The bill to set off part of Sutton to Doug.
lass, was rejected.
afternoon Session.-The Committee on Fed
eral Relations, to whom had been recommit-
ted the bill relating to citizenship, reported it
again, recommending its passage. minor
lty of the Committee, consisting of Messrs.
Albee, of the Senate, and Ward and Swift,
the House submit a minority report. They
say that Massachusetts, commenced her career
with the broad declaration that all men are
free and equal, and have certain natural, es-
sental and unalienabe rights Her courts
early decided that slavery could not exist
under her constitution. She has as yet
stained her statute book with no act recognize
irg the right of man to hold property in man.
She has declared the Fugitive Slave Bill un.
constitutional, She has by her Personal Lib
erty Bill secured the privilege of Habeas Cor
pus and Trial by Jury to the humblest indi-
vidual that treads her soil. She declares in
her constitution that the people have the sole
and exclusive right of governing themselves
as free and independent state, and shall
forever exercise every right which is MT
expressly delegated to the United States,
she has never delegated TO the Supreme Court
of the United States nor to any other power
the right to make color test of citizenship
within her borders. And as people of color,
equally with whites, have been heretofore adj
mltted to citizenship, and as they did in fact
constitute at the time Of the adoption CT the
federal Constitution g an elementary part of
the federal compact" 1t follows that citizen
ship in this State requires no new definition
on account OF the recent decision in the bred
Scott case. Massachusetts has already practi-
| SaAly cOluIuehteu upon IlhC decision DV
thorizing the Secretary of State TO issue pass
ports to colored citizens. The minority are
satisfied to leave to the Courts the decision of
all such cases as may hereafter arise, and they
are confident that the decision of each indi.
Vldual case will be in accordance with the de-
mands of liberty, and justice, and the consti-
tuition and laws of the State. They therefore
report that it is inexpedient to legislate furth.
er on the subject
Inc address for the removal of Judge E. g.
Loring was taken up, and debated until four
o'clock by Messrs. Ward of Abingdon, A. ].
Wright oil Boston, and White of Midway, in
its favor, and Mr.. Wells of Chicopee, against
it.
The bill respecting trials by the Court, was
debated, and passed to be engrossed by vote
OF 40 to 40. Adjourned.
WEDNESDAY, May l0-136th day.
SENATE.-The following bills, &C., were
passed to be engrossed. 10 fix the salaries of
the District Attorneys for the Northern, East
ern and Southern Districts concerning the
crime of ENLIGHTENMENT; in relation to the
State Printing; to repeal chapter l63 Of the
acts of 1858 authorizing Z. II. & Kate E.
Rogers to sell real estate concerning drains
and sewers in the city of Boston.
The Tunnel Loan Bill was also passed to
be engrossed, an amendment offered by Mr..
Mixter, that the subscription of 5000 900
should be an unconditional cash substitution.
being rejected
l. u.