[P. 111] The next paragraph was read, considered and accepted.

The next paragraph was read and the words "Collectors of Excise and State and Continental taxes hereafter appointed and not having settled their accounts for their collections with the respective officers with whom it is their duty to settle such accounts," added to said paragraph.

Motion was then made to strike out the words "President, professor or Instructor of any College;" After some debate the question was put, shall the words stand-which question was determined by yeas and nays, and were as follows :—viz. [P. 112.] 56 Yeas-45 Nays. So the motion did not prevail. The next paragraph was accepted.

The next proposed paragraph, "No new town or parish," &c. was rejected.

The next proposed paragraph, "All Judges of Courts," &c. was rejected.

The next proposition that came under consideration was respecting an officer to act as first magistrate in case of a vacancy, and voted that "the President of the Senate officiate as first magistrate in the absence of the Governor." [P. 113.] The Committee rose with leave to sit again, and the President took the Chair, and the Committee reported progress.

Adjourned to 9 o'clock to-morrow morning.

Saturday, Feb 18th, 1792.

Convention met according to adjournment. After reading the Journal &c. Proceeded in Committee of the whole to consider of the Reports of the Sub Committee. The report on the several motions proposed for vesting the powers of granting new trials, restoring to Law, &c. was in the following words: "And it shall be the duty of the General Court to vest in such Court or Courts of Law as to them may appear expedient, the power of Granting new trials, or a trial after judgment, either upon verdict of a Jury, default, non-suit, or complaint for affirmation of judgment, in all cases when substantial justice has not been. done (except as before excepted) in such manner and under such restrictions and regulations as to the General Court may appear for the public good: Provided, application be made for such review or trial within one year from the ren[P. 114.] dition of judgment:"—which report was accepted.

On the paragraph relating to the Probate of Wills &c. which was referred to the Sub Committee, they reported as follows: "All matters relating to the Probate of Wills &c. granting letters of administration &c. shall be exercised by the Judges of Probate in such manner as the Legislature have directed or may direct; and the judges of Probate shall hold their Courts at such place or places on such fixed days as the convenience of the people may require and the Legislature from time to time appoint:" which report was accepted.

The next proposition that was considered was in the following words: "The person who in case of a vacancy shall execute the office of Governor, shall be chosen by the People in the same way and manner, as the Governor by the Constitution is to be chosen:"-which was determined by Yeas and Nays-and are as follows: viz.

[P. 115.] 47 Yeas-52 Nays. So the motion was lost.

It was then voted, that "the Senate shall appoint their President and other officers," and determine &c. as in the present Constitution.

Nextly, proceeded to the consideration of a proposition in the following words, viz. "The Senate before they proceed [P. 116.] to the trial of any officer impeached, shall summon him by process to be served by a sworn officer at least days before the day of trial; and in case of his non-appearance shall proceed to hear the Impeachment and evidence, and render judgment, his non-appearance notwithstanding;' -which, with causes of impeachment &c. was referred to a Committee consisting of Mr. Humphreys, Mr. Plummer and Mr. Peabody, who are to report to Convention their opinion thereon.

Voted, That Mr. Walker, Mr. Thompson, Mr. Peabody, Mr. Atherton & Mr. Humphreys be a Committee to take under consideration the 20th Article in the Bill of Rights.

The Committee then rose with leave to sit again, and the President took the chair and the Committee reported progMet accordingly.

ress.

Adjourned to 3 o'clock, P. M. The next paragraph in the report, "To the end that there be no failure," &c. was accepted.

The next paragraph was accepted.

[P. 117.] Instead of the last paragraph reported, the following was voted-"At the first annual or other meeting held for the choice of Representatives after seven years is expired

from the time of the Amendments to the Constitution having been accepted, the Electors shall give their Representatives their opinion or Instructions in writing voted at the meeting, relative to the propriety or necessity of calling a Convention to revise the Constitution; and if it shall appear to the General Court that it is the opinion of a major part of the people voting thereon to have the Constitution revised, it shall be their duty to call a Convention for that purpose; and the same method shall be observed at the end of every seven years afterwards; And the amendments which may be agreed on by such Convention shall be valid to all intents and purposes as part of this Constitution when approved of by of the qualified voters present and voting in Town meeting on the question."

The Committee then rose and the President took the chair, the Committee informed that their Report should be given in on Monday morning, at the time of the meeting of Convention.

[P. 118.] Adjourned to Monday next at 9 o'clock, A. M.

Monday, Feb, 20th, 1792.

Convention met according to adjournment. Read the Report of the Committee of the whole, and voted to proceed in the following manner, (viz.) to take up the report of the Committee of Convention and the Committee of the whole, and determine thereon.

[NOTE. The following appears to be the Report of the Committee of the whole, referred to on page 118 of the Journal: it is found in MS. Journal on pages 443-450, as follows.-ED.]

The Committee of the whole, having taken under their consideration the Report of the Committee of Convention chosen in September last, and maturely deliberated thereon, agree to the following alterations in said Report, (viz.)

To strike out the 39th article in the Bill of Rights.

Under the head GENERAL Court,

66

24 Paragraph-Strike out the word third" and insert the word "first." Strike out the word " September " & insert the word "June." 5th Paragraph-Strike out the words "four sevenths," and insert the words "two thirds;" also, Strike out the words "a majority," and insert the words "two thirds" instead thereof.

8th Paragraph-Strike out the whole, and insert as follows:

"The doors of the Galleries of each House of the Legislature, shall be kept open to all persons who behave decently, except when the welfare of the State in the opinion of either Branch shall require secrecy."

1

Under the head SENATE.

1st Paragraph-Strike out the word " twelve," and insert the word "thirteen: "Strike out the words "two years," and insert the words "one year: "Strike out "third Wednesday of September," and insert "first Wednesday of June."

24 Paragraph-Strike out the word "twelve" and insert the word "thirteen."

3d Paragraph-Strike out the word " biennially," and insert the word "annually."

"annually:

66

4th Paragraph-Strike out the words “ every second year," and insert Strike out paying for himself a poll tax or liable to pay poll tax or the amount thereof," and insert, "excepting paupers and persons excused from paying taxes at their own request.

6th Paragraph-Strike out.

7th Paragraph-Strike out the whole after the words "sealed up and directed," and insert words necessary to make the method of returning &c. to read as in the present constitution.

9th Paragraph-Strike out the words " the word annually."

66

every second year," and insert

10th, 11th, & 12th Paragraphs rejected, and the same method to be pursued to determine the choice of Senators, when a majority of votes is wanting, as when a Governor has not a majority.

The last Paragraph was rejected.

Voted, That the Senate shall appoint their President and other officers, and determine their own rules of proceedings, and not than less than seven members of the Senate shall make a quorum for doing business; and when less than eight Senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings valid.

The President of the Senate shall officiate as first magistrate in the absence of the Governor.

Under the head, HOUSE OF REPRESENTATIVES, the Proviso following the first Paragraph strike out.

EXECUTIVE POWER.

Under the head, GOVERNOR.

66

3d Paragraph-Strike out the whole after the words the House," and insert, 66 The Senate and House of Representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor."

5th Paragraph-the words, "to meet at the place where the General Court shall be at that time sitting," are to be inserted following the word "require."

14th Paragraph-Strike out, and insert the following:

The Governor and Council shall have a compensation for their services, to be fixed Annually by the General Court early at their first session, which shall not be encreased nor diminished during the time for which the Governor & Council shall have been elected.

The whole under the head LIEUT. GOVERNOR strike out.

Under the head COUNCIL.

4th Paragraph strike out the word "third," & insert "first." Strike out the word "September" and insert “June.”

66

5th Paragraph-Strike out the words Lieut. Governor. " Begin the 6th paragraph with the word "And."

The last paragraph respecting the order of Elections was not deter

mined.

Under the head SECRETARY, Treasurer, Commissary &c. no alteration was made.

Under the head COUNTY TREASURER, &c. 2a paragraph insert the words "The manner of certifying the votes and," following the word "alter." Strike out "And also to" &c. and insert, "and also on the application of the major part of the Inhabitants of any County, to divide the same into two districts for registering of Deeds whenever it shall appear reasonable."

Under the head JUDICIARY POWER.

The 1st, 2d, 4th & 5th paragraphs rejected, and the following voted :"It shall be the duty of the General Court to make a reform in the Judiciary system, that justice may be administered in a more cheap and expeditious manner than is now practised, and that no party shall have a Review after the cause has been determined against him twice by a Jury.

"The General Court are hereby impowered to make alterations in the power and jurisdiction of the Courts of Common Pleas and Courts of General Sessions respectively; or if they shall judge it necessary for the public good, to abolish those courts or either of them, and invest such other Courts as they may establish with the jurisdiction and powers now vested in the Courts of Common Pleas and Courts of General Sessions of the Peace, as the General Court may from time to time judge expedient for the due administration of Law and Justice.

"And it shall be the duty of the General Court to vest in such Court or Courts of Law as to them may appear expedient, the power of granting new trials, or a trial after judgment, either upon verdict of a Jury, default, non-suit, or complaint for affirmation of judgment in all cases when substantial justice has not been done (except as before excepted) in such manner and under such restrictions and regulations as to the General Court may appear for the public good; Provided application be made for such review or trial within one year from the rendition of judgment."

3d Paragraph committed to a Sub Committee.

66

8th Paragraph, the words "or Judge of Probate" to follow the word "Court." Strike out the words sixty-five," and insert the word "seventy."

11th Paragraph, strike out the word "shall," and the word "hereafter," and the whole after the word "appoint."

Under the head OATHS, & Subscriptions, Exclusions, &c. 1st Paragraph-Strike out the words Lieut. Governor."

5th Paragraph,-Strike the whole out.

10th Paragraph,-Strike out the words "Lieut. Governor."

12th Paragraph-Strike out the words, "Collectors of Excise, Collector of taxes," and insert "Collectors of Excise and State and Continental taxes hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts " following Naval officer."

66

Strike out the words 66 Lieutenant Governor."