Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-12-30

When the message of the Governor vetoing
the militia chapter of the revised statutes came
up, it excited considerable opposition, the talk
ing being mostly against it. The question
being on restoring the word "white" where it
had been previously struck OUT
Mr.. Davis of Bristol said, that, notwith-
standing the original bill had been vetoed by
the Governor, and that the amendment would
probably be adopted by the Senate, yet he sol.
EMMY and deliberately believed that the for
mer action of the Senate was constitutional
and in view Of his constitutional right he dis
! tinctly reatirmed the opinions he had express
| ed when the matter was previously before the
Senate. He then cited the constitution and
argued that the action of the legislature was
in accordance with it. He said that the opin-
ion of the Supreme Court had now been indi-
rectly foisted upon the legislature, and this he
considered should be carefully examined, as.
by too free asking of opinions from this
court, the legislature might eventually dele
gate its duties to the judges. He was very
severe on the Executive for the course he had
pursued in the matter, and closed by stating
that he should vote against the bill as amended.
Mr.. Odiorne of Boston sustained the Gov
ernor, both in his decision and in the proprety
of obtaining the opinion of the Supreme Court
Mr.. Parker of Worcester said that as one of
the majority of the Senate who had voted to
strike out the word "white," he was unwilling
to give silent vote upon the question before
them. He was aware that it would be perhaps
better for an older man than himself to speak
upon the question, but as one of the young
men of the Senate, he would not let this
amendment be defeated without raising his
voice against it. This was a question as to
whether the crack of she slave drivers whip
should rule in Massachusetts, or whether the
voice of the representatives of the people
shall be heard. There had been laid on the
desks OF Senators an opinion of the Judges of
the Supreme Court, and he for one exercised
his right to take exceptions to this opinion as
course had been pursued without precedent
in the history of our commonwealth. A case
similar to this occurred in 1885, when an
amendment to chapter IA was adopted, which
Governor Armstrong objected to- Finding
this, he sent message to the Legislature, re-
questing that this chapter might be sent to him
separately-but this the Legislature refused to
do; and when the whole of the statutes came
to him for his decision, he stated his objections
to the particular amendment, asked that they
might be entered on the journal, and then he
signed the bill striking out the word Dhite,
This Mr.. Parker said, was the manly course,
Uut WV Dduho lldu uOl even uOilH iiilS, EuL
keeps back his objections until the last day of
the session, and then forces the alternative on
the Legislature either of rejecting the Revis-
ion or rejecting the amendment. If he had
the choice either of rejecting the Revision or
violating his principles, he would stand by his
principles. The opinion of the Supreme Court
enunciated doctrine more infamous than any
by the Kings Bench in the time of James and
Elizabeth of England. He called the attention
of Senators to the significant fact that the word
in controversy was not mentioned in the whole
of the lengthy opinion and this he thought
might be attributed to the fact that the Judges
were DESTROYS of lodging the issue of putting
brand on the black man. He wished these
Judges were within the reach of the people as
he thought then the opinion might have been
different. He concluded by saying he should
oppose the amendment, and so long as he re-
membered what the black man had done for
freedom in the Revolution, he would never
give vote to put stigma on the black man.
The yeas and nays having been called and
ordered on passing the amended bill to a third
reading, the vote stood as follows:
YEAs.-Messrs. Bacon, Bigelow Conn., G. L. Davis Ev-
ans, Fabens French, Knight, Norton Odiorne Osgood
Rich. Sawn, Simmons, Wilams-l5
NAYs.--Messrs Atwood, Boynton, Branning Cornell,
Daggett r. T. Davis. w. T. Davis Hotchkiss Luce Met
calf, ID. L. Parker-ll.
The bill was then ordered to be engrossed.