Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-03-11
MASSACHUSETTS, LEGISLATURES.
SENATE.

WEDNESDAY, March 10.
SENATE
The Committee on so much of the Cover
nor's Address as relates to the election of
public officers, reported resolve and article
of amendment of the constitution providing
for biennial Gnstead of annual elections, af-
ter 1860, for Governor, Lieut.. Governor,
Councillors, Secretary of State, Treasurer,
Attorney General and Senators. The resolve
was accompanied by long report, which
was laid on the table and ordered to be
printed.
Bills were reported restricting railroad
stockholders to vote upon proxies and to
punish the crime of stealing unsigned bank
notes.
Passed to be Engrossed. Bills, concerning
parishes and religious societies to incorpo.
rate the,proprietors of Hadley Falls regulat.
ing the SEEMING of Inenhaden in the Common.
wealth for the better preservation of sheep
from the ravages of dogs; concerning the
commitment OF lunatios to hospitals.
The bill to amend the 3lst section of the
2S4th chapter of the acts of 1855, was dis.
cussed at length, by Messrs. Bonney, Bailey.
Stone, Reed. Branning, and others This bill
repeats that portion of the insovent law
which makes 1t incumbent on the insolvent
to show that within six months of the time
Of the commencement OF proceedings against
him, he had reasonable ground to suppose
himself insolvent.
HOUSE.
A resolve was read from the Committee IN
Finsnce, allowing the sum of fifteen hundred
and ninety seven dollars and twenty five
cents to be paid to S. S. Lewis and Ezra Lin
coin, Commissioners on Boston harbor.
The Committee on Finance reported re-
solve that there be drawn from the treasury,
to be invested according to the Judgment of
the Governor, the sum of three thousand five
hundred dollars, for the permanent use and
advantage of VIM. II. Ella, as a remuneration
for injuries he received at the hands of SOL,
diery and police, in the city Of Boston on the
I'd of June, 1854.
The Committee on the Judiciary to whom
was referred the Senate bill ''to abolish the
office of Crier of Courts, report that the bill
had ought to pass; also, report froiA the
same committee, upon the subject of abolish
ing the Police Court of New Bedford, and
substituting therefor Municipal Court, that
the petitioners have leave to Withdraw.
Resolves Ill relation to the bred Scott de-
cision, were reported by Mr.. Duncan of Hav-
erhiil, from the Committee on Federal Rea.
tons. They declare that slavery does not and
cannot exist in Massachusetts that all clti-
zens of Massachusetts are citizens of the Unit
ciled within the limits of the State are citi-
zens: that no part of the bred Scott decision
is binding which was not necessary to the de.
termination of that case; that there was no
cause for inquiry on the part of the court as
to the constiLutionality of the Missouri Com
promise, which compromise it is held, was
constitutional, and its repeal unwise and
gross breach of faith that slavery can exist
nowhere except by positive law derounce
the doctrine that the constitution protects
slavery III the Territories as monstrous; and
declare that Massachusetts is unalterably op-
posed to the extension Of slavery.
A series of resolves in relation to the ad-
mission OF henzas were also reported from the
same committee, denouncing i'll the strongest
terms, the attempt to force the Lecompton
Constitution upon the people of Kanzas. The
consideration of both these sets of resolves
was assigned for Friday next
The Committee on the Judiciary reported
that it is inegpedient to repeal the Personal
Liberty Bill
A bill was reported defining the degrees
and penalties OF murder.
Leave to withdraw on the petitions for the
repeal or modification of the liquor law.
A bill was'reported restricting the invest.
ment of the Western Railroad sinking fund
to national, State, city, and town bonds.
A resolve was reported from the committee
on the right Of suffrage, directing the Board Of
Education to consider, and report to the next
Legislature, the expedency of allo wing wo
men more active part IN the management of
the public schools.
Mr.. Gushing'of Newburyport reported from
the Committee ON the Judiciary, an act de-
fnng the crime of murder. He explained at
length the distinction made from the law, as
it exists showing the necessity OF the change.
Placed in orders of. the day.
The Committee on Reduction of Public Of
fees reported bill abolishiug the Office OF
Land Agent, to take effect after the LIST of
January, 1859. Tbs Treasurer of the Com
monwealth is empowered to perform the duties
after that time.
| AT IL o'clock the special assignment was
taken up, which was the consolidate IN of the
courts OF Probate and Insolvency, and upon
motion of Mr. Andrew OF Boston, re. assigned
to Friday at IL o clock.
Mr.. Parker of Worcester moved suspen-
sion of the rules, in order to take up the sub
jeet OF the removal of Judge Lorng, which
was allowed, and on motion OF Mi. Yose of
Springfield the time for taking tlfe vote was
assigned to Thursday at l o'clock.
Mr.. Churchill, from the committee that re.
ported the address for the removal of the
Judge opened the debate. He thought there
was an incompatibility in the holding of the
offices Of United States Commissioner and
Judge Of Probate for the State of Massaohu-
sets in the same person. lie quoted various
documents in support of HE views, and spoke
at considerable length.
Mr. Browne Of Dorchester replied on the
other side.
Mr. Stevens Of Lowell desired to state some
reasons which induced him 10 concur in and
sign the report. lie replied to the arguments
ct the last speaker that the judiciary we're not
so far removed from responsibility to the peo
pie that they could not be reached when il be.
came necessary. He alluded to tho change f
the law in 1920, defending the propriety of
placing the power of removal in the majority
of the Legislature, instead of requiring a two.
thirds vote, as heretofore. The reason for his
signing the report was, that the Judge held
two Offices, derived from different powers, en-
tirely inconsistent in themselves. lie argued
ut length in support Of his opinions, In an able
and forcble manner.
Mr. Gushing rose to address the House. but
gave way to motion to take a recess till two
o'clock The busintss was therefore sus.
pended till that time.
The House reassombled at two o'clock and
Mr.. Gushing spoke for one hour and half in
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