Page images
PDF
EPUB

sumed and debated. It was then moved, and seconded, that the words "shall take the names of such persons as shall be found to have the highest number of votes in such district and not elected, amounting to twice the number of Senators wanting, if there be so many voted for," be substituted in lieu of the words" shall take," &c. as far as the words "not elected," which, being put, passed in the affirmative.

It was then moved and seconded, to add to the word "majority," the words "or in case there should not be a majority, at least two fifths of the votes," and to the words "highest numbers," "not less than one quarter," and at the close, that the addition be made of the following words, viz: "and in case no person has so many as one quarter of the votes, the two Houses shall choose the number of Senators wanting, out of the county at large."

It was also moved and seconded, that the words following be introduced viz: "In case there shall be no majority, the two Houses shall choose out of those, who have not less than two fifths of the votes, the number of Senators wanting; but in case no person shall have two fifths of the votes, then the choice be renewed by the electors."

It was also moved and seconded, that the choice of Senators be made by deputies from the several towns, to meet in county or district conventions, for that purpose. Withdrawn for the present.

The Rev. Mr. LATHROP was introduced, and prayed with the Convention.

The order of the day being called for, on the question whether the Convention will now proceed to consider the subject of Representation, it was moved and seconded, that the same be referred to to-morrow morning, at 11 o'clock, which, being put, passed in the affirmative.

The several motions previous to the last, were then taken up, and debated generally, when, on a motion, made and seconded, Voted, That Mr. LOWELL, was [be] directed to reduce to writing his motion, and report the same at the adjournment, for the consideration of the Convention.

It was then moved and seconded, that the Convention do not in future adjourn until half past one, which, being put, passed in the negative.

It was then moved and seconded, that the Convention be now adjourned to 3 o'clock, P. M.

Three o'clock, P. M. Met according to adjournment.

The 3d paragraph, the 4th article, 2d section, 2d chapter, was again taken up.

Mr. LowELL, not being ready to report, it was moved to proceed to the next paragraph.

The 4th paragraph being connected with the preceding, it was, on a motion made and seconded,

Voted, To proceed to the next and 5th article, and to consider the same in paragraphs.

The 1st paragraph was then read and debated, when it was moved and seconded, that the word "Protestant," be inserted in lieu of the word "Christian," which, being put, passed in the negative.

The question was then put upon the paragraph so far as it takes up the qualification of religion. The same was rejected, and the words "of the Christian religion and," voted to be expunged.

The 2d paragraph, as far as £300 at least, was then read, when it was moved and seconded, that the words "seized in his own right of a freehold," be expunged, and the words "possessed of an estate real or personal," be inserted. Withdrawn.

It was also moved and seconded, that, after the words "at least," be added the following words" seized or possessed of personal estate to the value of six hundred pounds." 41 out of 59.

The 3d and last paragraph was then read, and after some de bate, it was moved and seconded, that the word "seven,” be ex~ punged, and the word "three," be substituted, which,being put, passed in the affirmative.

It was then moved and seconded, to expunge the word "three," next succeeding to the word "years," and substitute the word "one," which, being put, passed in the affirmative.

It was then moved and seconded, that the last vote be reconsidered, which, being put, passed in the affirmative.

It was then moved and seconded, that the words "three of which," be expunged, which, being put, passed in the affirma

tive.

It was then moved and seconded, that the word "five," be substituted in lieu of the word "three," which, being put, passed in the affirmative.

It was then moved and seconded, that the words "at the time of his election he shall be an inhabitant," be inserted between the word "and," and the word "in," in the last line, which, being put, passed in the affirmative.

It was then moved and seconded, that the words or of both to the amount of the same sum," be added immediately after the words "six hundred pounds at least," which, being put, passed in the affirmative.

Mr. LOWELL then reported the following paragraph, which was moved and seconded, to be a substitute to the 3d paragraph, in the preceding article, viz:

And in case the Senators of any district, or either of them, are not elected by a majority of the votes returned, then the vacancy or vacancies shall be filled up by the Senate and House of Representatives, out of the number of those voted for, who shall be found to have more than two fifths of the votes returned from such district, provided, there are among those who have not been chosen, as many as three persons to two vacancies, who have more than two fifths of such votes; and if there should not be so many, so qualified, then such as are still unchosen, shall be elected out of those who have one fifth part, at least, of the votes returned, taking double the number of those so qualified, if so many there be, and those who have the greatest number of votes, and from thence filling up such vacancy or vacancies; and if there shall not be as many as three to two for filling up such vacancy or vacancies, who have one fifth part of the votes returned from such district, then the Senate and House of Representatives may fill up such vacancy or vacancies, by an election of any person or persons qualified as by this Constitution is required, out of the district at large. Which report was postponed, by a motion made and seconded, that the Convention do now adjourn to to-morning, 9 o'clock.

4th Feb. FRIDAY MORNING, 9 o'clock.

The Convention met according to adjournment.

The 6th article, 2d section, 2d chapter, was then read, and accepted.

The 7th article, the same section, was then read, and accepted.

The 3d article, 3d section, the same chapter, was read, and voted to be considered in paragraphs.

The 1st paragraph, as far as "written votes," read and accepted.

The 2d paragraph, as far as "Christian religion," was then read, whereupon moved and seconded, that the words "he be of the Christian religion and," be expunged, and that the word "he," be inserted between the words "election," and "shall." The Rev. Mr. STILLMAN was then introduced, and prayed with the Convention.

A previous question was then moved and seconded, that a general clause be introduced, which shall exclude, from any seat in the government of this Commonwealth, any sort of persons who hold that any foreign jurisdiction, civil or ecclesiastical, hath any controlling power or authority, over the government, or subjects of the same, which motion was superseded by a motion, made and seconded, that a Committee be appointed to form a declaration, or test, wherein every person, before he takes his seat as a Representative, Senator, or Governor, or enters upon the execution of any important office or trust in the Commonwealth, shall renounce every principle (whether it be Roman Catholic, Mahometan, Deistical, or Infidel,) which has any the least tendency to subvert the civil or religious rights established by this Constitution.

Which, being put, passed in the affirmative.

A nomination being called for, the following gentlemen, viz. The Hon. Mr. PICKERING,

Mr. PHILLIPS,

Mr. GORHAM,

Mr. HALL, and

The Hon. Mr. ADAMS, were appointed.

The order of the day being called, it was moved and seconded, that the subject of Representation be now considered, whereupon a motion was made, and seconded, that the number of towns be returned by Counties.

It was (previous to the motion for adjournment,) moved and seconded, that the consideration of the subject of Representation be assigned to Wednesday next, at eleven o'clock.

A previous question was then moved and seconded, whether the question be now put, which motion was superseded by a motion, made and seconded, that the Convention now adjourn, which, being put, passed in the affirmative, and the Convention was accordingly adjourned to 3 o'clock, P. M.

Friday P. M., three o'clock,

Met according to adjournment.

It was moved, and seconded, that the question moved, and seconded, in the morning, "whether the question relative to the return of House by Counties be put," be assigned to 5 o'clock, this afternoon; which, being put, passed in the affirmative.

It was then moved, and seconded, that the question moved, and seconded, in the morning :-" whether the further consideration of the subject of Representation be postponed to Wednesday next at 11 o'clock," be assigned to 6 o'clock, this after

noon.

It was moved, and seconded, that reference might be had to the 1st article, 2d section, 2d chapter, and the words "in and," in the 6th line be expunged. Which, being put, passed in the affirmative.

It was then moved, and seconded, to proceed in the consideration of the 3d article, 3d section, which was under debate in the morning, which, being put, passed in the affirmative.

The 2d paragraph was accordingly resumed, and, on a motion, made and seconded,

Voted, To pass over the same for the present.

The 3d paragraph was then read, and the 1st part of the same accepted; the 2d part of it being read, it was moved, and seconded, that the words, "or any other rateable estate to the value of two hundred pounds," be added after the word "pounds,', which, being put, passed in the affirmative.

« PreviousContinue »