session also would be so prolonged, from having all the business of the year crowded into it, that it would extend into the spring, and gentlemen would have the same temptation to desert their duty, as in May.

Mr. LINCOLN of Worcester rose to make a single remark, and he would endeavor that what he should say, should be remarkable for its brevity, if it was not for its solidity, on this as well as on all other occasions. He considered the question important to the interests of the country, and he wished to express what he believed to be the sentiments not only of his constituents, but of other gentlemen in the same part of the State. He had hoped the gentleman from Springfield would have replied to the remarks of the gentleman from Boston. He would have done it in a manner more satisfactory than he (Mr. L.) was able to do it. He professed as much respect for the present constitution as any member of the Convention, but he was sorry to hear the expression of any sentiment that should sanction the opinion that no improvement could be made to correspond with the progress of society. The present constitution, at the time of its adoption, was but an experiment. The framers of it could not anticipate what would be the effect of every part of it. He thought that on this question there were imperative reasons for a change. He differed from the opinion expressed by the gentleman from Salem, that it would produce no saving of money. His reasoning was predicated on the supposition that much time would be necessary in organizing the government. It was true that heretofore much had been necessary. Time had been wastefully and uselessly expended in the legislative mockery of electing members of the council from the senate, merely to give them opportunity to decline. The houses had been employed day after day, in supplying the vacancies. All this time, he trusted, would now be saved. Whole days were occupied in choosing notaries public, in convention of the two houses, but he trusted that with the amendments which should be adoped, little time would be requisite for organizing the government. The argument of the gentleman was therefore without foundation, which otherwise would have been of great force. He proceeded to reply to the remarks of the gentleman from Boston, (Mr. QUINCY.) He had expressed a great regard for the interests of the country; he knew him too well to doubt that he was perfectly sincere in his remarks, but he could assure him, that the people from the country would have opportunity to attend to their own rights. Snow storms were not so dreadful as seemed to be imagined. The people were familiar with them, and they seldom prevented the passing from one end of the State to the other. He recollected but one instance when the travelling had been entirely obstructed by snow, which was in the year of the adoption of the constitution. But suppose it to happen more frequently, the argument is inconclusive, unless it can be shown that the roads may not be broken up by freshets in the spring-that there may not be earthquakes in May-that the bridges may not be carried off by floods.

He contended that it would be more convenient to assemble in January than in May. A great part of the members of the Legislature came from agricultural parts of the, Commonwealth, where May and June are among the most busy months in the year. The seed is put into the ground as early as May; it soon requires weeding, and the first and second hoeing is hardly finished, before the gathering of the hay begins. Hay is begun to be cut in Hampshire county, as early as June; in Worcester, in June or the beginning of July. It is inconvenient for gentlemen engaged in these pursuits, to leave their homes to attend the General Court. It has resulted from these causes, that it has been indispensable in the spring session of the General Court, either to transact business in a thin house, or adjourn to the winter, when the agricultural business of the year is finished, and those who are engaged in these pursuits, are at leisure. As to the charitable institutions which hold their anniversary meetings at the time of election, if they were necessarily connected with the session of the Legislature, they might meet as well in January as in May. The snow which then covered the ground, served rather to facilitate than to impede travelling, and the members of the Legislature in coming to the capital, might bring with them their minister or other persons, with greater ease than at another season. But he did not think there was much force in this argument, on one side or the other. He placed the question on the ground of experience. He insisted that it was more convenient to have but one session, and to have that begin in January; and for this reason he should vote for the resolution.

The yeas and nays were then taken on the adoption of the resolution and it was decided in the affirmative

Yeas 408. Nays-Messrs. Abbot, Adams John, Adams Josiah, Allyne, Andrews, Bartlett Wm., Bacon, Banister, Bond George, Bolyston, Blood, Cotton, Cleveland, Crawford, Crehore, Davis John, Estabrook, Frazer, Hale Nathan, Hall Nathaniel, Heard, Hoar Samuel, jr., Hooper, Hunewell Jonathan, jr., Jackson Joseph, Little Moses, Little Josiah, Morton Perez, Messinger, Noyes Nathan, Pierce Varney, Perley, Phillips Wm., Phillips John, Perham, Pickman, Quincy, Richardson James, Richardson Eli, jr., Russell Benjamin, Saunders, Saltonstall, Shillaber, Shaw, Sturgis, Storrs, Sullivan Richard, Taft, Tuckerman, Tilden Joseph, Thorndike, Ware, Wade Nathaniel, Ward, Wells Samuel A., Webster Redford-56. Absent 25.

The third resolution reported by the same committee, respecting the limitation of the time for the governor's returning bills and resolves sent to him by the Legislature for his approbation, was read a second time as amended in committee of the whole, and passed.

The resolution for striking out "commissary general, notaries public, and naval officers" in ch. 2, sect. 4, art. 1, reported by the committee on the part of the constitution which respects the secretary, &c., and amended in committee of the whole, was read a second time.

Mr. FAY of Cambridge observed that there was no provision in the constitution for supplying any vacancies which may happen, during the recess of the Legislature, in the offices of secretary and treasurer, and he wished therefore to amend the resolution, so as to provide that such vacancies should be supplied by the governor, with the advice and consent of the council. He said a law passed in 1792, authorizing the governor, with the advice of the council, to declare a vacancy in the office of treasurer, and to take proper steps for the security of the public papers and property until the Legislature should assemble. But the Legislature did not consider it competent to them to delegate their power to appoint a successor. A provision of the kind proposed was the more necessary, since it was contemplated to have but one session of the Legislature in a year. With respect to the secretary, a law was passed in 1813, authorizing his deputies to act in such a case. This was, in fact, enabling the secretary to appoint his successor; a proceeding which was contrary to the principles of our constitution.

The president doubted, on a point of order, the propriety of taking up a new subject which had not been debated in committee of the whole, and suggested that the proposed amendment should be referred to the select committee on the part of the constitution which respects the governor.

Mr. FAY said he was aware that it might be referred to that committee, or to a committee of the whole. He had had an intention of introducing the subject in the committee respecting the governor, as he happened to be one of the committee, but on further consideration he thought the proper place for the provision would be in the article respecting the secretary, &c. Upon a suggestion from Mr. WEBSTER of a proposition he intended to make, Mr. FAY withdrew his motion.

The question was then taken on passing the resolution, and decided in the affirmative.

The resolution reported by the committee on the part of the constitution respecting delegates to congress was then taken up.

Mr. MORTON of Dorchester renewed the motion he had made in committee of the whole to amend the resolution by striking out "expunged therefrom," and adding a provision that our senators and representatives in congress should be furnished with certificates under the hand of the governor, &c. He objected to striking out a whole chapter from the constitution, as the resolution proposes, and he doubted of the power of the Convention to do it under their authority to alter and amend only.

The question was taken on Mr. MORTON's amendment and lost. Considerable debate arose upon the concluding words of the resolution, "expunged therefrom," and motions were successively made to substitute "annulled," and "become inoperative," and to lay the resolution upon the table; all of which were lost.

The question was then taken upon passing the resolution, and decided in the affirmative.

On motion of Mr. WEBSTER, it was ordered that the several com

mittees appointed in pursuance of the various resolutions adopted on the 17th inst., be standing committees until the end of the session.

On motion of Mr. FAY, of Cambridge, it was then

Resolved, That the committee on so much of the constitution as relates to the secretary, treasurer, &c., be directed to consider the propriety and expediency of so altering the same, as that in case either of the offices within the appointment of the Legislature shall become vacant from any cause during the recess of the General Court, the governor, with the advice and consent of the council, under such regulations as may be prescribed by law, shall appoint and commission a fit and proper person to fill such vacant office, who shall perform the duties thereof until a successor shall be appointed by the General Court.

Mr. WEBSTER, from the committee on the 10th resolution passed on the 17th inst., submitted the following reports:

The committee to whom it was referred to consider whether any, and if any, what alterations or amendments it is proper and expedient to make in so much of the constitution as is contained in the sixth chapter of the second part, and respects oaths and subscriptions, &c., ask leave to report the following resolutions:

Resolved, That it is expedient so far to alter and amend the constitution, as to provide, that instead of all oaths, declarations and subscriptions now required, all persons chosen or appointed to any office, civil or military, under the government of this Commonwealth, shall, before they enter on the duties of their office, take and subscribe the following oath of allegiance, and oath of office, viz.:

"I, A. B. do solemnly swear, that I will bear faith and true allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me God."

OATH OF OFFICE.

"I, A. B. do solemnly swear-that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the rules and regulations of the constitution and the laws of this Commonwealth. So help me God." Provided, that whenever any person, chosen or appointed as aforesaid, shall be of the denomination called Quakers, and shall decline taking said oaths, he shall make his affirmation in the foregoing form, omitting the word "swear" and inserting instead thereof the word "affirm," and omitting the words "So help me God" and subjoining instead thereof the words "This I do under the pains and penalties of perjury."

2. Resolved, That it is proper and expedient further to amend the constitution, so as to provide that no judge of any court in this Commonwealth and no person holding an office under the authority of the United States, (postmasters excepted) shall at the same time hold the office of governor, lieutenant governor or counsellor, or have a seat in the senate or house of representatives of this Commonwealth, and that no judge of any court in this Commonwealth, the attorney general, solicitor general, clerk of any court, sheriff, treasurer or receiver general, register of probate, register of deeds, shall continue to hold his said office after being elected a member of the congress of the United States and accepting that trust; but the acceptance of that trust by any officer aforesaid shall be deemed and taken to be a resignation of his said office; and that judges of the courts of common pleas shall hold no other office under the government of this Commonwealth, the office of justice of the peace, and militia offices excepted.

3. Resolved, That it is proper and expedient further to alter and amend the constitution of this Commonwealth, so as to provide that if at any time hereafter any specific and particular amendment or amendments to the constitution be proposed in the General Court, and agreed to by two thirds of the members of each house, present and voting thereon; such proposed amendment or amendments shall be entered on the journals of the two houses, and referred to the General Court next to be chosen, and shall be published; and if in the General Court next to be chosen as aforesaid, the said proposed amendment or amendments shall be agreed to by two thirds of the members of each house present and voting thereon, then it shall be the duty of the General Court to submit such proposed amendment or amendments

to the people; and if approved and ratified by a majority of the qualified voters, at meetings legally warned and holden for that purpose, the same shall become part of the constitution of this Commonwealth.

The committee on so much of the constitution as is contained in the sixth chapter of the second part, and who were instructed to inquire into the expediency and propriety of so amending the constitution as to authorize the General Court to grant to towns, in certain cases, the powers and privileges of a city government, ask leave to report the following resolution:

Resolved, That it is proper to and expedient so far to amend the constitution, as to provide that the General Court shall have full power and authority to erect and constitute municipal or city governments in any corporate town or towns in this Commonwealth; and to grant to the inhabitants thereof such powers, privileges and immunities not repugnant or contrary to this constitution, as the General Court shall deem expedient or necessary for the regulation and government thereof; and to prescribe the manner of calling and holding public meetings of the inhabitants for the election of officers under the constitution: Provided, that no such government shall be erected or constituted in any town not containing inhabitants; nor unless it be with the consent and on the application of a majority of the voters of such town qualified to vote in town affairs.

For the committee,

DANIEL WEBSTER.

The committee on so much of the constitution as is contained in the sixth chapter of the second part, and who were instructed "to take into consideration the expedi ency of so amending the constitution as to insert therein a provision substituting affirmations for oaths in all cases whatsoever, where the party shall entertain religious scruples in regard to taking oaths," ask leave to report the following resolution:

Resolved, That it is not expedient to make any further provision by the constitution, relative to the substitution of affirmations for oaths.

For the committee,

DANIEL WEBSTER.

These reports were severally read, ordered to be printed, referred to a committee of the whole house, and made the order of the day for Friday, at 10 o'clock.

The House adjourned.

THURSDAY, NOVEMBER 30.

The Convention met according to adjournment, and attended prayers made by Rev. Mr. Palfrey. The journal of yesterday's proceedings was read.

Mr. JACKSON of Boston offered the following resolution :

Resolved, That a committee be appointed to consider in what manner such amendments in the present constitution of government of the Commonwealth, as may be made and proposed by this Convention, shall be submitted to the people for their ratification and adoption, and in what manner their votes thereon shall be returned, and the result ascertained.

He stated, that his object in making this motion, was to remove a difficulty which had frequently occurred in the course of the debate, from an uncertainty with respect to the form to which the amendments agreed to by the Convention should be reduced. his part he had no doubt of the course proper to be pursued. He thought that they had no authority under the act under which they

For