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choosing delegates for the purpose aforesaid, and the number of votes appearing against the same; and if it shall appear that a majority of the votes given in and returned as aforesaid are in favor of choosing delegates as aforesaid, the same shall be deemed and taken to be the will of the people of the Commonwealth, that a Convention should meet accordingly; and in case of such majority, the governor shall call upon the people to elect delegates to meet in Convention, in the manner hereinafter provided.
SECT. 2. If it shall be declared by the said proclamation, that the majority of votes, as aforesaid, is in favor of choosing delegates, as above-mentioned, the inhabitants of the several cities and towns within the Commonwealth, now entitled any one year to send one or more representatives to the general court, shall, on the first Monday of March, in the year one thousand eight hundred and fifty-three, assemble in their several meetings, to be duly notified by warrant from the selectmen of the several towns and the mayor and aldermen of the several cities, and shall elect one or more delegates, not exceeding the number of representatives to which each town or city was entitled last year, it being the year in which the valuation of estates in the Commonwealth was settled, to meet delegates from other towns and cities in Convention, for the purposes hereinafter expressed. And at such meetings of the inhabitants, every person entitled to vote for representatives in the general court, shall have a right to vote in the choice of delegates, and the same officers, in the several cities and towns in the Commonwealth, shall preside at such elections, as now preside in the choice of representatives to the general court; and the votes for said delegates shall be received, sorted, counted, declared, recorded, and copies thereof delivered to the delegates chosen, in the same manner as is now provided for in the case of representatives to the general court. And all laws now in force, regulating the duty and conduct of town and city officers, sheriffs, magistrates, and electors, in the election of governor, lieutenant-governor, senators and representatives, shall, as far as applicable, apply, and be in full force and operation, as to all meetings holden, and elections and returns made, under this Act, or which by this Act are required to be holden or made, and upon the like forfeitures and penalties.
SECT. 3. The persons so elected delegates shall meet in Convention in the State House, in Boston, on the first Wednesday in May, in the year one thousand eight hundred and fifty-three; and they shall be the judges of the returns and elections of their own members, and may adjourn from time to time; and one hundred of the persons. elected shall constitute a quorum for the transaction of business; and they shall proceed, as soon as may be, to organize themselves in Convention, by choosing a president and such other officers as they may deem expedient, and by establishing proper rules of proceeding; and when organized, they may take into consideration the propriety and expediency of revising the present constitution of government of this Commonwealth, or the propriety and expediency of making any, and if any, what alterations or amendments, in the present constitution of government of this Commonwealth. And such alterations or
amendments, when made and adopted by the said Convention, shall be submitted to the people for their ratification and adoption, in such manner as the said Convention shall direct; and if ratified by the people in the manner directed by the said Convention, the Constitution shall be deemed and taken to be altered or amended accordingly; and if not so ratified, the present Constitution shall be and remain the constitution of government of this Commonwealth.
SECT. 4. The said Convention shall establish the pay or compensation of its officers and members, and the expense of its session; and his excellency the Governor, by and with the advice and consent of the Council, is authorized to draw his warrant on the treasury therefor.
ECT. 5. The Secretary of the Commonwealth is hereby directed forthwith, after the passage thereof, to transmit printed copies of this Act to the selectmen of each town, and the mayor and aldermen of each city within the Commonwealth; and whenever the Governor shall issue his proclamation, calling upon the people to elect delegates, to meet in Convention as aforesaid, the said Secretary shall also, immediately thereafter, transmit printed copies of said procla mation, attested by himself, to the selectmen of each town, and the mayor and aldermen of each city, in the Commonwealth.
A Convention of Delegates, elected by the people, assembled at the State House in Boston on the first Wednesday, being the fourth day of May, A. D. one thousand eight hundred and fifty-three, and were called to order by the Hon. ROBERT RANTOUL, of Beverly, who appointed the following gentlemen a Committee to receive the Credentials of the Delegates, viz. :—
Messrs. Morton, of Taunton, Briggs, of Pittsfield, Bartlett, of Boston, De Witt, of Oxford, and Banks, of Waltham.
This committee afterwards reported that a quorum of Delegates was present.
Mr. CUSHMAN, of Bernardston, submitted the following Order, which was adopted :
Whereas, It is wise and proper, at the commencement of any great and important work, to invoke the guidance and blessing of the Almighty Ruler of the nations, therefore,
Ordered, That the Chairman be requested to invite some clergyman, a member of this body, to commence the proceedings of the Convention with prayer.
The Rev. Dr. LOTHROP, of Boston, by request of the Chairman, then offered prayer.
Mr. HOOPER, of Fall River, moved that a committee be appointed to collect, sort and count the votes for Secretary of the Convention.
Mr. WILLIAMS, of Taunton, moved, as an amendment, that in the election of officers, the members vote viva voce. The amendment
Mr. NAYSON, of Amesbury, moved to amend, so as to provide for the choice of a President, instead of a Secretary. This amendment was also rejected.
The motion of Mr. Hooper was then agreed to.
The CHAIRMAN appointed Messrs. Griswold, member for Erving, Morey, of Boston, Allen, of Worcester, Upham, of Salem, and Graves, of Lowell, to constitute the committee.
Afterwards, the committee reported, as follows:—
The Report was accepted, and Messrs. Hood, of Lynu, Ilale, of Bridgewater, and Gray, of Boston, were appointed a committee to notify Mr. Robinson of his election.
Mr. KEYES, member for Abington, moved that the Secretary be sworn to the faithful discharge of the duties of his office. This motion was agreed to, and the oath was administered by the Chairman.
Mr. KEYES, member for Abington, moved the appointment of a committee to receive, sort and count the votes for a second Secretary of the Convention; but afterwards withdrew the motion.
On motion of Mr. HOOPER, of Fall River, the following gentlemen were appointed a committee to receive, sort and count the votes for President of the Convention, viz.: Messrs. Davis, of Worcester, Appleton, of Boston, Chapin, of Springfield, Walker, of North Brookfield, and Braman, of Danvers.
The committee afterwards reported, as follows:
The Report was accepted, and the Chairman appointed Messrs. Choate, of Boston, Weston, of Duxbury, and Walcott, of Salem, a committee to notify Mr. BANKs of his election.
The PRESIDENT having been conducted to the chair, signified his acceptance of the office, and entered upon the discharge of its duties.
Mr. KEYES, member for Abington, renewed his motion for the appointment of a committee to receive, sort and count the votes for a second Secretary of the Convention.
The motion was agreed to, and Messrs. Griswold, member for Erving, Morey, of Boston, Allen, of Worcester, Upham, of Salem, and Graves, of Lowell, were appointed. They afterwards reported, as follows:
The President appointed the committee, as follows:
Messrs. Wilson, of Natick,
The Report was accepted, and upon motion of Mr. GOURGAs, of Concord, the Secretary was directed to notify Mr. J. T. ROBINSON of his election.
On motion of Mr. WILSON, of Natick,
Choate, of Boston,
Resolved, That a committee of one from each county be appointed by the President of the Convention, to consider and report as to the best mode of proceeding to the revision of the Constitution of the Commonwealth.
Mr. HALL, of Haverhill, offered an Order for the appointment of a committee of five to report Rules and Orders for the regulation of the Convention, and providing that in the mean time the Rules and Orders of the House of Representatives, as far as they are applicable, be the rules of the Convention.
The Order was adopted, and Messrs. Hall, of Haverhill, Crowninshield, of Boston, Whitney, of Conway, Gooch, of Melrose, and Lord, of Salem, were appointed upon the committee.
Mr. HALLETT, member for Wilbraham, offered the following Resolution, which was referred to the committee on reporting proper modes of proceeding to the revision of the Constitution.
Resolved, That the several distinct subjects and provisions embraced in the Constitution of this Commonwealth be referred each to a committee to take into consideration the propriety and expediency of making any, and if any, what alterations or amendments therein, with instructions to report thereon in printed form, at the adjourned meeting of this Convention, and with the power of conference between any or all of the committees herein appointed, namely: 1st. So much of the Constitution as is contained in the Preamble and Declaration of Rights.
2d. So much as relates to the General Court, in section 1 of chapter 1, and so much as relates to Settling Elections by the Legislature, in article 7 of section 3, chapter 2.
3d. So much as relates to the Senate in section 2 of chapter 1. 4th. So much as relates to the House of Representatives in section 3 of chapter 1.
5th. So much as relates to the Governor and the Militia, in section 1 of chapter 2.
6th. So much as relates to the Lieutenant-Governor, the Council, and the Secretary and Treasurer, in sections 2, 3 and 4 of chapter 2, except article 7 of section 3.
7th. So much as relates to the Judiciary Power in chapter 3, and the last two clauses of article 13, section 1 of chapter 2, relating to Salaries.
8th. So much as relates to the University at Cambridge, and Encouragement of Literature, in sections 1 and 2 of chapter 5.
9th. So much as relates to Oaths and Subscriptions, Incompatibility of Offices, Disqualifications, Commissions, Writs, Confirmation of Laws, Habeas Corpus, and the Enacting Style; including the first eight articles in chapter 6.
10th. So much as relates to the Qualifications of Voters, and