Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1858-03-01


Reqs-MessFs. Adams, Allen, Hsep. Bliss, Boyden,
Cornell, Crane, Davis, Eiis, Haynes, jenkins, Knight,
Me l' eetcs e. I rntr, Usher, Wnser
y "eys-1e-SFs. Blnncy, Esrls, Esiy Felton,, Frost,
uleene holbrook Hooper Ingsls Parker Phelps, Por-
Ter, Sawyer, on, swift
The bill, as amended, was then passed 70 q
third reading As finally adopted, it stands
as follows
an Act to Increase the Anoaat and Cireu1a
ton Of Specie tn the Commonwealth. Be il
enacted by the Senate and House of Repre-
sentative, in General Court assembled, and
by the authority OF the same, as follows:
Sect. l. Every bank within this Common
wealth shall be required to keep an amount
OF specie equal to fifteen per cent. of its aggre
gate liability for circulation and deposits and
whenever, by the weekly or monthly returns
required by the sixth section of the three hun
dred and seventh chapter of Acts of eighteen
hundred and ffty-four, the weekly average
amount Of specie in any bank in Boston is
less than 10 per cent. Of aggregate liability Of
sald bank for circulation and deposit, it shall
be unlawful for any such bank to make new
loans or discounts until the amount of specie
IN SAID bank shall be restored to the proper
ton Of fifteen per cent. of its aggregate liabili-
~ for circulation and deposit: proUided, that
banks out of Boston. in the monthly returns
dred and seventh chapter of the acts of eight
teen hundred and ffty-four, shall return the
monthly average amount Of balances in other
banks for the purpose of redeeming their notes
IN circulation and not bearing interest, and
the same shall be considered and deemed as
equivalent to specie for the purposes Of this
act.
Sect. 2. The amount of bills is8ued. by any
bank shall not at any time exceed the amount
OF the capital stock of said bank So much
OF the eighth section Of the thirty SIKH chap
ter Of the Revised Statutes as relates to the
amount of bills which any bank may issue,
and all other acts or parts of acts inconsistent
with this section, are hereby repealed.
Sect 3. This act shall take effect from and
after the first day of June next.
The bill concerning parishes and religious
societies was laid on the table.
HOUSE.
Net at ten o'clock.
Mr. Cushing of Newburyport, presented
the remonstrance of one hundred and eight
cen citizens Of Plymouth against the removal
OF Il. u. Lorlng from the Probate Judgeship.
Mr. Hale Of Boston, presented the petit on
OF William FL. Ella tor some compensation from
the State for injuries received at the time of
the rendition Of Burns. The petition was as
follows:
William Il. Ella Of Boston, shows that on
the I'd of June, A. D., 1854, lie was lawfully
and peacefully passing along on Commercial
street. in the city of Boston, when he was con
tronted by file of soldiers, and by them and
the police cruelty and brutally treated and Sc
verely injured that it has now been deter
mined by the Supreme Court Of the State
that the stationing Of said troops and the
clearing said streets was lawful, and that said
injuries being done by persons acting under
lawful orders, the petitioner is without reme-
dy for the injuries by him sustained thereby,
at law wherefore, your petitioner prays that
some reasonable and fit sum be appropriated
to aid him, as he was so injured, bodily and
mentally. By said injuries,-so to disable him
from earning his usual support for himself.
Mr. Hale, in presenting the petition, re-
marked upon the extreme hardship of the case,
that the petitioner had no redress in law. and
his family were in destitute circumstances.
lie was glad to express the opinion of the
counsellor all sides of the question, that the
State could consistently step in and furnish
aid to the petitioner.
Mr.. Gushing said that he hoped the matter
would be settled upon its intrinsic merits, and
without reference to party politics,
The petition was referred to the Committee
on Claims.
Ordered, That the Joint Banking Committee
consider the expedency of limiting the loans
or circulation Of banks in this Commonwealth
below the present amount allowed by law.
That the Probate and ChanceFy Committee
be instructed to inquire whether any further
legislation is necessary respecting the resigna-
ton. removal and appointment of assignees
on insolvent estates.
That the Judiciary Committee be instructed
to inquire into the expedlency of discriminate
ing, by appropriate legislation between differ
ent degrees of the crime Of murder, and of
defining the same by statute.
The Committee on Finance reported that
the resolve approprieung $25OO from the
treasury, the current year, for the Charitable
Eye and Ear Inhrmary, ought to pass.
The bill repeating the act making iuries
judges of the Jaw as well as fact, was then
taken up aud considered.
Mr.. Brown Of dorchester addressed the
House in opposition to the repeal, going over
the ground previously CLEANED, and examin-
ing the bred Scott decision. He agreed with
theremarks Of the gentleman from Newbury-
port, that the Supreme Court had merely de.
cided that the Circuit Court in Missouri had
not jurisdiction in the case of Scott VS.. Sand
ford. But ne dissenied from his views in
other particulars. When the Supreme Court
volunteered an opinion against the Missouri
Compromise, they exceeded their power, and
their opinion was of no binding force.
Mr.. Cushing reioined that the plaintiff in
the bred Scott case passed into territory COM
prsed within the Missouri Compromise, and
that made the matter pertinent 1t vas ex-
ceedingly difficult to decide how much of the
augmentation by which judge arrives at his
decision assumes The force of law.
He differed from the Chief Justice in his
assertion thar all territories Of the United
States should be regarded as inchoate States
There were territories already in our possess
sion, and the amount might be increased in
the future, which might never take place in
the galaxy of States.
Mr.. Andrew of Boston was glad to see that
the ex-Attorney General of the United States
had oyerruled a part OF the bred Scott deeis.
ion.
Mr.. Hoadley Of Lawrence opposed the re-
peal Of the jury Law.
Mr., Walker Of North Brookfeld defended
the jury as a great Saxon institution, and
would not tamper with it for any supposed
advantages to temperance, though he, was
strong temperance man.
MIR. Young of Boston considered Jurors in
capable Of judging of the law He thought
laboring men should be excluded from the Jury
box, except in the trial of trfipg cases, as
they were incompetent to decide upon them,
lie favored the repeal OF the present law.
Mr.. Churchill Of Milton advocated the abo-
htion OF the existing statute, as he did moi
consider gentlemen not connected with the
legal profession qualified to judge of the law,
Ex Gov. Morton of Taunton next spoke.
lie referred to the imperfect phraseology of
the law ns it now stands. But the principle