tution, that whenever there shall be a failure to elect any state, county, district, or municipal officer, at the first election which shall be held therefor, at a subsequent meeting held for that purpose, the person receiving the highest number of votes at any such subsequent meeting, shall be declared elected.

On motion of Mr. MORTON, of Quincy,

Ordered, That the Committee on the Frame of Government, take into consideration the expediency of so amending the Constitution, that, by that instrument, the rights of women to their property, acquired by devise, inheritance, their own labor, or otherwise, shall be so secured to them as not to be subject to be alienated except by their own act and consent.

On motion of Mr. CUSHMAN, of Bernardston,

Ordered, That the Committee on the Secretary, Treasurer, &c., be directed to consider the expediency of so amending the Constitution, that there shall be two classes of justices of the peace, viz. :—

1st. Police or trial justices, consisting of such a number as may be necessary, but not less than one in each town, who shall be elected by the people for five years, and who shall have all the powers, and shall perform all the duties that are now exercised by justices of the peace, justices of the quorum, and by qualifying officers; and

2d. Justices of the peace, whose authority shall extend only to the acknowledgment of deeds, and to the administration of oaths.

Mr. BISHOP, of Lenox, from the Committee on the subject of the Secretary, Treasurer, Attorney-General, &c., submitted a Report and Resolutions on that subject.

Referred to the Committee of the Whole and ordered to be printed. The same gentleman, from the same committee, submitted a Report on an Order of inquiry as to the expediency of electing justices of the peace by the people; recommending that the committee be discharged from the further consideration of the Order, and that it be referred to the Committee on the Judiciary Power.

After debate, on motion of Mr. WATERS, of Millbury, the Report was recommitted to the Committee on the Secretary, Treasurer, &c. Mr. LIVERMORE, of Cambridge, from the Committee on the Pay Roll, submitted a Report on the subject of the compensation of the members of the Convention.

Laid upon the table, and ordered to be printed.

On motion of Mr. BIRD, of Walpole, the Secretary was directed to give notice to the city of Boston, of a vacancy existing in the

delegation from that city, occasioned by the resignation of Hon. Samuel A. Eliot.

On motion of Mr. CHANDLER, of Greenfield, the Convention proceeded to the consideration of the Orders of the Day.

The first subject was the motion of Mr. Miller, of Wareham, that the vote by which the Convention agreed to adjourn each day at one o'clock, P. M., be reconsidered.

After debate, the motion to reconsider was rejected by a vote of seventy-four in the affirmative, and one hundred and twenty-four in the negative.

On motion of Mr. PHINNEY, member for Chatham, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolves on the subject of the Council and the Lieutenant-Governer; and the President requested Mr. Briggs, of Pittsfield, to take the chair.

Afterwards, Mr. BRIGGS reported that the committee had made further progress in the consideration of the Resolves, but had come to no conclusion, and had instructed him to ask leave to sit again. And leave was accordingly granted.

At one o'clock, on motion of Mr. EARLE, of Worcester,
The Convention adjourned.

AFTERNOON SESSION.

Met according to adjournment.

A communication was read from Mr. Storrow, member from Lawrence, asking leave of absence for ten days, on account of ill health. Referred to the Committee on Leave of Absence.

On motion of Mr. WILSON, of Natick,

Ordered, That the Committee on the Frame of Government be instructed to consider the expediency of providing that all Acts or Resolves for the appointment of Commissioners, shall specify the compensation for the services to be performed, and that in no case shall any extra compensation be allowed after the services have been performed.

On motion of Mr. HALL, of Haverhill, sustained by a vote of ninetytwo in the affirmative to seventy-seven in the negative,

Ordered, That debate in Committee of the Whole upon the Resolves concerning the Council, shall cease at four o'clock this after

noon.

On motion of Mr. EDWARDS, of Southampton, the Convention resolved itself into Committee of the Whole, for the purpose of considering the Resolve on the subject of the Council and the LieutenantGovernor; and the President requested Mr. Briggs, of Pittsfield, to take the chair.

Afterwards, Mr. BRIGGS reported, that the Committee had considered the Resolves on the subject of the Council, and had instructed him to report them to the Convention, as amended;

Also, that they had made progress in the consideration of the Resolves on the subject of the lieutenant-governor, but had come to no conclusion, and had instructed him to ask leave to sit again.

The question being upon granting leave to the Committee to sit again for the further consideration of the Resolves on the subject of the lieutenant-governor,

Leave was granted.

Pending the consideration of the Resolves on the subject of the Council,

At six o'clock, on motion of Mr. KINGMAN, of West Bridgewater, The Convention adjourned.

SATURDAY, June 4, 1853.

Met according to adjournment. Prayer was offered by the Chaplain. The Journal of yesterday was read.

Mr. ALLEN, of Worcester, from the Committee on the Frame of Government, submitted Reports, as follow:

Inexpedient to act upon the subject of an Order of May 20th, concerning special privileges and immunities.

Also, inexpedient to act upon the subject of an Order of May 24th, concerning the purchase of books by the legislature.

Also, inexpedient to act upon the subject of an Order of May 18th, concerning biennial elections and biennial sessions of the legislature. Also, inexpedient to act upon the subject of an Order of May 13th, concerning the expediency of requiring the votes of a majority of all the members elected to the legislature, to the enactment of a law or the passage of a resolve.

These Reports were severally referred to the Committee of the Whole and ordered to be printed.

Mr. SUMNER, member for Marshfield, from the Committee on the Bill of Rights, submitted a Report:

That the Committee have had under consideration the Petition of John P. Coburn and others, praying that the laws of the Commonwealth be so modified that no able-bodied male citizen be prevented from serving or holding a commission in the militia on account of his color; and that they ask to be discharged from the same, and recommend that it be referred to the Committee on the Militia.

And the Report was accepted, and the Petition so referred. On motion of Mr. WHITNEY, of Conway, sustained by a vote of one hundred and twelve in the affirmative to fifty in the negative,

Ordered, That the question upon the Resolve relating to the Council, be taken at eleven o'clock to-day.

On motion of Mr. WILSON, of Natick, the Convention proceeded to the consideration of the Orders of the Day.

The first subject was the Resolves on the subject of the Council, as amended in Committee of the Whole.

Mr. DANA, member for Manchester, moved to strike out all after the word "Resolved," and substitute therefor the following:

That the Constitution should be so altered as to strike out the third section of chapter 2, relating to "the Council for advising the governor in the executive part of the government," and substitute therefor a distribution of its powers and duties to other branches and officers of the government.

Being the first Resolution of the series reported by the standing committee of the Convention.

On motion of Mr. DE WITT, of Oxford,

Ordered, That when the question is taken on the proposed amendment, it be taken by yeas and nays.

And the roll being called, one hundred and twenty-two members voted for the amendment, and one hundred and eighty-four against it. So the amendment was rejected.

Those who voted in the affirmative are :—