MONDAY, June 20, 1853.

AFTERNOON SESSION.

The Convention met at three o'clock.

Instructing Committees to Report.

Mr. WILSON, of Natick. Some days ago I submitted an order instructing the various Committees of the Convention to report on or before the 22d inst. I now move to take up that order for the purpose of amending it.

The motion was agreed to.

The order was read by the Secretary, as follows:

Ordered, That the several Committees be instructed to make their final reports on or before Wednesday, the 22d instant.

Mr. WILSON. I now move to amend the order by striking out the words "Wednesday, the 22d," and inserting the words “Monday, the 27th."

Mr. EAMES, of Washington. It occurs to me, Sir, that by the adoption of that amendment we shall be putting off the time for receiving the final reports of the different committees too long. I was about making the motion, Sir, and shall probably do so in the course of the afternoon, that after Wednesday next the Convention meet at nine o'clock in the morning instead of ten o'clock, as heretofore. There are nearly two hundred of the members of the Convention who will leave the city a week from next Friday, and it will be impossible, under these circumstances,

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for those who remain to transact any public business of importance. I do not see any other way of avoiding the difficulty than to adjourn at that time. I hope, therefore, that the committees will report as soon as possible, and if they cannot do so before that time, we shall have to submit to the adoption of the amendment.

Mr. WILSON, of Natick. I suppose that it will be in the power of most of the committees to make their reports prior to that time, perhaps within a day or two; but as circumstances may prevent some of them from making their reports so soon, I prefer that the amendment fixing Monday next should be adopted. I think there will be no difficulty whatever in getting all of the reports in at that time. I am as anxious as the gentleman from Washington, (Mr. Eames,) that we shall adjourn at the earliest possible day. He has suggested that he would this afternoon make a motion to meet after Wednesday next, at nine o'clock. I hope he will make that motion as soon as this order is disposed of, and I will cordially sustain and vote for his proposition.

The question was then taken on the adoption of the order of the gentleman from Natick, (Mr. Wilson,) and it was decided in the affirmative. So the order was adopted.

Mr. EAMES, of Washington. I move, Sir, that after to-morrow this Convention meet at nine o'clock in the morning; and my reason for making that motion is, that at that time in the morning the weather is cooler and more agreeable, and it is better to do business one hour earlier than when it is later and warmer. If it is

TO VINU

Presentation of a Petition.

Mr. WRIGHT, of Westford, presented the petition of J. F. Evans and eighteen others, in aid of that of J. W. LeBarnes and others, and it was referred to the Committee on the Bill of Rights.

On motion of Mr. WILSON, of Natick, the Convention resolved itself into

COMMITTEE OF THE WHOLE, And resumed the consideration of the Report of the Committee on so much of the Constitution as relates to the

Militia,

The question being upon the motion of the gentleman for Wilbraham, (Mr. Hallett,) to strike out of the 12th article in the resolve the word "three" and insert "one;" and to strike out after the word "qualified" the following: "But they shall be eligible for re-election, excepting that the adjutant-general shall hold his office for such term as the legislature may prescribe," so that the resolve, as amended, would read:

12. The several officers hereinbefore named, shall be commissioned by the governor for the term of one year from the date of their commissions, and until their successors shall have been commissioned and qualified.

Mr. OLIVER, of Lawrence. In a conversation with the gentleman for Wilbraham, (Mr. Hallett,) after the session this morning, a modification of his amendment was proposed by himself, and upon a suggestion on the part of a member of the Committee, he was induced to waive his objections to that portion of the 12th article which relates to the term of three years. He proposes to alter the 10th article in some respects, and I see no objection to it. The 10th article

now reads as follows:

10. The Governor shall appoint the AdjutantGeneral, the Quartermaster-General, and such other General Staff-Officers as shall be provided for by law; and Major-Generals, and BrigadierGenerals, and Commandants of regiments, squadrons, and battalions, shall severally appoint such

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staff-officers as shall be provided for by law for their respective commands.

The gentleman for Wilbraham proposes to insert after the word "appoint," the words "and commissioned for one year or until their successors shall be commissioned and qualified," so that that portion of the article will read :

:

10. The Governor shall appoint and commission for one year, or until their successors shall be commissioned and qualified, the Adjutant-General, the Quartermaster-General, and such other General Staff-Officers as shall be provided for by law.

At that point a period is to be inserted, and the word "and" changed to "The." The whole resolution, as amended, will then read:—

10. The Governor shall appoint and commission for one year, or until their successors shall be commissioned and qualified, the Adjutant-General, the Quartermaster-General, and such other General Staff-Officers as shall be provided for by law. The Major-Generals, and Brigadier-Generals, and Commandants of regiments, squadrons, and battalions, shall severally appoint such StaffOfficers as shall be provided for by law for their respective commands.

I am sorry that the gentleman for Wilbraham is not in his place, so that he might offer the amendment himself, but if the amendment now pending shall be voted down, I propose to offer the amendments I have just indicated.

The question was taken, and the amendment of the gentleman for Wilbraham was disagreed to.

Mr. OLIVER, of Lawrence, then submitted his amendment to the tenth article, as stated above, and the question being taken thereon, it was adopted.

Mr. OLIVER. I now move to amend the twelfth resolve by inserting in the first line, after the word "several," the word "elective," so that the first clause of the resolve would read—

12. The several elective officers herein before named shall be commissioned by the Governor for the term of three years from the date of their commissions, and until their successors shall have been commissioned and qualified.

Sir, a word of explanation in relation to that. It will be seen by this, that the officers will be divided into two classes; one the elective and the other the appointed class. The design of the amendment is to provide that the officers which are elected shall be commissioned for three years; and that the commissions of those who are appointed shall expire when the appointing officer goes out of commission, and after a successor shall be appointed.

If this amendment shall be adopted, I then desire to move-or, if it be in order, I will move them both in one amendment-to strike out all after the word "qualified." I desire to ask the Chairman whether they can both be moved as one amendment?

The CHAIRMAN. The Chair thinks it will be in order for the gentleman to move to strike out and insert.

Mr. OLIVER. Then I move to strike out, at the end of the resolve, the following words: "but they shall be eligible for re-election, excepting that the Adjutant-General shall hold his office for such term as the legislature may prescribe," in addition to the motion I have made to insert.

The question was taken upon the motion to strike out and insert, as stated above, and it was agreed to.

Mr. BRADFORD, of Essex. I view the seventh article, which I suppose was designed to take the place of the long seventh article in the Constitution as an exceedingly good substitute, comprising, as it does, in four or five lines, what occupied a whole page in the Constitution. But I think the proviso to that article ought to be retained; I move, therefore, to add at the end of the article the following::

"Provided, That the said Governor shall not at

any time hereafter, by virtue of any power by this Constitution granted, or hereafter to be granted to him by the legislature, to transport any of the inhabitants of this Commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court; except so far as may be necessary, to march or transport them by land or water, for the defence of such part of the State to which they cannot otherwise conveniently have access."

Mr. WILSON, of Natick. I like the Report of the Committee upon this subject. This seventh article, as reported, is all that is necessary, as it seems to me. I like the change proposed, and I doubt whether the Report of the Committee can be made more perfect. The seventh article in the Constitution is copied from the Charter of 1692. It is a long article; there is very much in it that is entirely superfluous and unnecessary, and I am glad the Committee have made the change.

I do not, however, concur in the amendment which my friend from Essex has presented. I do not think there is any danger that the governor will ever undertake to march the militia out of the State, at least, without a sufficient reason for it. It is barely possible that some emergency might arise, such as to justify such an act. I can

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see, therefore, no necessity for, nor any propriety of putting this proviso into the Constitution. There is nothing similar to it in the Constitution of a single State in the Union. Its existence there has given rise to some embarrassment in the past, and may give rise to more in the future, if it is retained. I hope, therefore, that the seventh article, as reported by the Committee will be sustained by the Committee of the Whole and by the Convention.

Suppose the country were in a state of war, and a military force should be drawn up in Rhode Island, within a few miles of the boundary line of Massachusetts, and suppose there were encamped within the limits of the Commonwealth ten thousand militia, would it not be wise for the governor of Massachusetts to march them over the disputed boundary and drive the enemy into the sea? I have no expectation that such an emergency will ever arise, but I can at least see no necessity for this check being inserted in the Constitution. It seems to me entirely unnecessary to insert any proviso of that character.

Mr. PARSONS, of Lawrence. I like the Report of the Committee upon this seventh article, but I am opposed to the amendment offered by the gentleman from Essex, (Mr. Bradford). I think it is entirely superfluous, because the substance is embodied in the article itself as reported by the Committee. As I understand that Report, the governor would not have the right to call out the military of the State, and march them into some other State. I do not think he can control

the militia for any such purpose. If a rebellion should arise in an adjoining State which it was not in the power of that State to subdue, I do not think it would be the duty of the governor of this Commonwealth to interfere; but on the contrary, it is expressly left in the power of the government of the United States to call out such aid as they may think proper to quell any rebellion which may arise and to enforce the laws of the United States. But there are United States officers who would command in such cases and the whole matter would be left to the United States authorities. Therefore, I think the amendment is wholly unnecessary and uncalled for. The article as reported by the Committee covers the whole ground, and I hope, therefore, that the amendment will not be adopted.

Mr. DAVIS, of Fall River. I should like to say one word about the Report of the Committee. I take it for granted that a large majority of the Convention are in favor of sustaining the militia system, and that some provision for it will be inserted in the Constitution. I presume, therefore, that the Report of your Committee is

very proper. But it seems to me it is a rather voluminous document. It comprises some fifteen articles. In fact, containing about as many heads as an ancient sermon, although it certainly does not preach modern gospel. For myself, I am, with a very large class of people in the Commonwealth, opposed to any military legislation; but aside from this, I would ask the Convention, a majority of whom are in favor such legislation, whether it is expedient, unless the provisions of the old Constitution should be found radically defective upon this subject, to insert so great a change which must be submitted to the people, and which, should it not be received favorably, might jeopardize the acceptance of the whole labor of the Convention.

I am satisfied that a large number of the votes of an entire class of persons, by no means inconsiderable in this Commonwealth, if they are compelled to vote affirmatively upon a military proposition, will be given against the Constitution. They cannot, consistently, be given for such a proposition as this, and it might jeopardize the fate of the whole Constitution. There is no question but the opponents of this Convention, without meaning any disparagement to them, will use all the means in their power to defeat the entire objects for which the Convention was called. They will appeal to the class to which I have referred with great force. They will show to them that this Report was adopted by a Committee the chairman of which, without meaning any disparagement to him, is a passionate and enthusiastic devotee of the military art and spirit; that he even, in his fervor upon this subject, goes beyond the military ardor of the last century, and the earlier part of this, and that of the armed knights-herald of the middle ages. It does really appear to me, without in fact assuming anything like pleasantry upon this subject, if we follow the lead of the gentleman, that we shall have our tilts and tournaments, and we might even have the judicial combats of the middle ages. I therefore am decidedly opposed-not merely as a matter of principle, but as a friend of the general objects of this Convention-to inserting such a mass of distinctive military features in this Constitution.

Mr. OLIVER, of Lawrence. It is rather too warm weather, Mr. Chairman, for any reasonable person to presume to occupy the time of the Committee in arguing the general question, as to the necessity of an armed force for the protection of the Commonwealth in any exigency of insurrection, or of domestic violence, or of possible danger from abroad. Nor would I enter upon a comparison of the nineteenth century with the

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middle ages so far as the history of their military matters is concerned. I should be very willing, and very happy, say on some cool day of autumn, should we happen to adjourn, to talk over the subject of jousts and tournaments, and gallant cavaliers and fair ladies, with the gentleman who last spoke. If this Committee should take a recess until September, it might come off then, with, perhaps, a harmless passage-at-arms, but not now, not on this day of ninety degrees in the shade, not at the present time, the weather is quite too hot. The gentleman says that "the chairman of the Militia Committee, is undoubtedly a very ardent and ambitious military man." On this point, I might appeal, with perfect safety, to my worthy and excellent friend from North Brookfield, (Mr. Walker,) who has frequently done me the favor, (and he knows now what I am thinking of I see, by the bland smile which pervades his countenance,) to read the reports which I had the honor of writing, when I held the office of adjutant-general, to our then excellent commander-in-chief, the gentleman from Pittsfield, (Mr. Briggs,) who is not now in his seat, and to commend them as most admirable peace documents. I appeal to that gentleman for the proof of what I say, and I make use of this fact, in reply to the gentleman upon the other side, when he makes reference to me as an "enthusiastic and ambitious military man." On this point I will define my position, and let me say, in all soberness and truth, that in my judgment, if there be any one curse that has, more than another, cursed the nations of the earth, and kept back the march of civilization and the approach of the coming kingdom of Christ, it is this horrid curse of war; if there be, or has been any greater curse on the face of God's beautiful earth, than those monstrous, non-producing and tax-swelling aggregated bands of idlers, called standing armies, cursing and crushing the nations of the earth, those deadly foes of liberty, whose trade is the butchery of man for sixpence a day, then I have never yet heard of it and never wish to hear of it. These are the notions of one who is spoken of by the gentleman-who I am sure does not know me nor my inner heart-as being "an ardent, enthusiastic and ambitious military man." God forbid, in his great mercy, that the time should ever come, when war and the devastation of war should afflict our good State and our good land. God forbid, that in your day, Mr. Chairman, or in the day of any man in this Convention, or in those of our children to the latest generation, that war, with its ravaging, wasting and desolating ruin, should sweep over the fair land