mf-zyro

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ADDRESS

OF THE

CONVENTION,

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For FRAMING.

A NEW

Conftitution of Government,

for the State of

Maffachufelts-Bay,

TO ? X S-- 1 A

:¥r *

CONSTITUENTS,

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5' 0 S T O 2V;

Fxintfd by WHITE av3 AO AM >, next Door TO THE CrOMW Ll/s-Hf. AL? ■ V/ Rft, IN S« HOCS, Strist, M,DCC,LXaa.

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A N

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ADDRESS &c.

■«■!> ^P, 1 ' lB'|' ll'l'l I

IXIXNDS mnd COUNTRYMEN#

HAVING had your Appointment and Inftru&ion, we have unde. the ar- duous Tafk of preparing a civil Co, • i- tution for the People of the Maflkchufetts Bajr ; and we now fu bruit it to your candid Coon- deration It is your Inter tft to revife it with the greatest Care and Circumfpectioo, and it is your undoubted Right , either to propofe fuch Alterations and /Vaicnchiacnts as you (hall judge proper, or, to give it your own San&ion in its prelect Form, or, totally to rejed it.

hi framing a Constitution, to be adapted a$

far as pofliblc to the Circumftances of Pofterifcy

yet

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yet unborn, you will conceive it to be exceed- ingly difficult; if not impracticable, to fucceed in every part of it, to the full Satisfaction of all. Could the whole Body of the People have Con- ven’d for the fame Purpofe, there might have been equal Reafon to conclude, that a perfect Unanimity of Sentiments would have been an Object not to be obtain'd. In a Bufinefs fo imiverfally interefdng, we have endeavor'd to act as became the Reprefentatives of a wife, under {landing and free People; and, as we have Reafon to believe you would your [elves have done, u'e have open’d our Sentimdhts to each other with Candor, and made inch mutual Conceffions as we coifld confidently, and with- out marring the only Plan, which in our molt mature Judgment we can at piefent offer to you.

T h ft Intereft of the Society is common to all its Members, The great Enquiry is, where- in this Common Intereft conftfts. In determin- ing this Queftion, an Advantage may anfe from a Variety of Sentiments offer’d to public Ex- amination concerning it. But wife Men arc not apt to be obftinately tenacious of their own Opinions : They will always pay a due Re- '• - jprd

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gard to thofe of other Men and keep their minds open to Conviction. We conceive; that in the prefent Inftance, by accommodating cur- felves to each other, and individually yielding particular and even favorite Opinions of fmaller moment, to effential Principles, and Confidera- tions of general Utility, the public Opinion of the Plan now before you may be confolidated. — But without fuch mutual Condefcention in unimportant Matters, we may almoft venture to predict, that we {hall not (oon, if ever, be blefs’d with fuch a Conflitution as thofe are intitled to, who have ftruggled hard for Free- dom and Independence. You will permit us on this Occafion, juft to hint to you our own Apprehenfion, that there may be amongflus, fouie Perfons difaffecVed to that gieat Caufe for which we are contending, who may be fecretly inftrufred by our common Enemy to di\:de and diftrafl: us ; in hopes of preventing our Union in any Form of Government whatever, and by this Means of depriving us of the moft honorable Teftimony, as well as the greateft Secutity of our Freedom and Independence. — If there be fuch Men, it is our Wifdom to mark them, and guard ourfelves agaiuil their Defigns.

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W s may not exped to agree in a perfect SyRero oi^Government : This is not the Lot of Mankind. The great End of Government, is, to promote the Supreme Good of human Socie- ty : Every fecial Affection fhonld therefore be Jntereilied in the Forming of a Government and ia judging of one when it is Formed. Would it not be prudent for Individuals to caft out of the Scale, fmaller Confiderations and fall in with an evident Majority, unlcfs in Mat- ters in which their Confciences (hall conftrain them to determine otherwife ? Such a Sacrifice, made for the lake of Union, would afford aftrong Evidence of public AfFe&ion ; and Union, ftrengthened by the focial Feeling, would pro- mife a greater Stability to any Confutation, and, is its operation, a greater Degree of Hap- pinefs to the Society. It is here to be remem- b/ed, that on the Expiration of Fifteen Years a new Convention may fee held, in order that fuch Amendments may be made in the Plan you may now agree to, as Experience, that befl Infirucror, (hall then point out to t>e expedient or neceflary.

t

A GavF.RwwtiNT without Power to exert itfclf, is at b^r.} but an ufde£ Piece of Machinery.,

It

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It is probable, that for the want of Energy, it would fpeedily lofe even the Appearance of Go- vernment, and fink into Anarchy. Unlefs a due Proportion of Weight is given to each of the Powers of Government, there will f'oon b$ a Confufnn of the whole. An Overbearing g£ any one of its Parts on the reft, would deftroy the Balance and accelerate ils Difiolution and Ruin : And, a Power without any Reftraint is Tyranny. The Powers of Government mutt then be b danced i To do this accurately re- quires the higheft Skill in political Architecture. Thofe who are to be invefted with the Admini- fixation, (hould have fuch Powers given to them, as are requifite to render them ufcf'ul in their rcfpefiive Places ; and fuch Checks (hould be ad- ed to every Branch of Power as maybe fjfticicnt to pr event its becoming formidable and injurious to theComnlon wealth. If We have been fo fortunate as tofucceed in this point of the greateft impor- tance,ourHappinefs will be compleatjin the Prof- peft of having laid a good Foundation for many Generations. Ton are the Judges how far we have fucceeded ; and whether we have raifed our-

Superftructure, agreeably to our profeE’d De-

fign

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jjgrs, upon the Principles of a Free Common

Wfalth.

In order to affift your Judgments, wc have thought it neceflary, briefly to explain to you the Grounds and Reafoas upon which we have termed our^Pian. In the third article of the.

Declaration of Rights, we have, with as much Prccifion as we were capable ct, provided for the free exercife of the Rights of Gonfcenct . We are very fenfible that our Cohftituents hold thofe Rights infinitely mo e valuable than all others j flxnd we flatter ourfelves, that while we have * eonfidered Morality and the public Worfhip of

GOD,* as important to the happmefs of Society, we have fufiiciently guarded the rights of Con- fidence from every p*i5ble infringement. Thi. Article underwent long debates, and took Time in proportion to its importance ; and we fee ourfeives peculiarly happy in being able to in- form you, that though the debates were man- a„ed by per tons' of various denominations, it was finally agreed upon with much more Unam- mty than ufually takes place in difqmfinons of

this Nature. We wiflr you to confider the Sub-

j«« .1* Cate, and A— ^

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would be an affront to the People of Maffu chufetts Bay to labour to convince them, that the Honor and Happinefi of a People depend upon Morality ; and that the Public Worm ip GOD has a tendency to inculcate the Principles thereof, as weil as to prefer ve a People horn farfaking Civilization, and iaUing into a flat# Savage barbarity.

In the form now prefeated to you ? there are * no more Departments of Government than sue abfolutely necdTary for the free and full Ei sreife of the Powers thereof. 7"he Houfe of Repre- sentatives is intended as the Representative of ' the Perfons and the Senate, of the property of the Common Wealth. Thefe arc to be annually chofen, and to lit in feperate Bodies, each hav- ing a Negative upon the Adis of other. This Power of a Negative in each muff ever be ae- ceffary ; for all Bodies of Men, afTembled upon the fame occasion and united by tane common Interetl of Rsgak, Honor, or Eflate, are liable, like ta individual, to miftake bias and preju- dice, Thefe two Houfcs are vefted with the Powcr3 of Regulation,' and are to be chofcn by the Male Inhabitants, who are Twenty one

Y ears

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Years of age, and have a Freehold of the fro all annual Income of Three Peundaor Sixty Founds in any Edate. Your Delegates confidered that Pc- lions who are Twenty one Years of age, and have no Property, are either thofe who live upon a part of a Paternal edate, expecting the Fee thereof, who aro but jud entering Into bufl- nefs, or thofe whofe Idlenefs af Lite and pro- fligacy of manners will forever bar them from acquiring and po {Telling Property. And we will fubmit it to the former Ciafs, whether they would no't think it fafer for them to have their right of Voting for a Reprefentativc fufpended for fmall fpace of Time, than forever hereafter to have their Privileges liable to the control of Men, who will pay lefs regard to the Rights of Property becaufe they have nothing to loole.

The Power of Revifing, and dating objecti- ons t<» any Bill or Refoive that fhall bepafled by the two Hon es, we were of opinion ought to be lodged in the hands of fome tn c perfon ; ’not only toprefeive theLaws from being unfyftemati- ca^ ;<! inaccurate .but that a due balance may be pi dri ved in the dure capital powers of Go- vernment. The Legiilative, the Judicial and

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Executive Powers naturally exhift in every Go- vernment : And the Hiftory of the rife and fail of the1 Empires of the World affords us ample proof, that when the fame Man or Body of Men enacf, iiterpret and execute the Laws, property becomes too precarious to be valuable, and a People are finally borne down with the force of corruption refulting from the Union of thofe Powers. The Governor is emphatically the Reprefentative of the whole People, being cho- fen not by one Town or County, but by the People at large. We have therefore thought it* fafeft to reft this Power in his hands ; "and as the Safety of the Common wealth requires, that there fhould be one Commander in Chief over the Mili- tia, we have given the Governor that Command for the fame reafon, that we thought, him the only proper perlon that could be trufted with the pow- er of reviling the Bills and Refolves of the General Aficmbly; but the Y eoplc may if they pieaie chooie their own Officers.

You will obferve that we have refolved, that Reprefentaiion ought to be founded on the' Princi- ple of equality; but it cannot be underflood thereby that each Town in the Commonwealth ihall have

Weight

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Weight and importance in a juft proper ticn to its Numbers and property. An exaft Reprefentation would be unpracticable even in a Syftem ofGovern- ment arifing from the State of Nature, and much more fo in a ftatc already divided into nearly three huadred Corporations, But^we have agreed that sach Town having One hundred and fifty Rateable Poles fhall be entitled co fend one Member, and to prevent an advantage arifing t© the greater Town!

by their numbers, have agreed that no Town fhaii fend two tmlefs it hath three hundred and feventy

five Rateable Poles, and then the ftiil larger Towns are to fend one Member for every two hundred and twenty -five Rateable Polls over and above Three hundred and feventy-five. This method of calculation will give a more exact Reprefentation’ when applied to all the Towns in the State than any that we could fix upon.

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Wr have however digrefled from this Rule in sdmiting the fmall Towns now incorporated to fend Members. There are but a few of them which will not from their continual incrcafe, ba able to lend One upon the above plan in a very little Time. And the few who will never proba- bly have that number have been heretofore in the exercif# of this privilege, and will now be very Un willing to reiinquifh it. To

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T& prevent the governor from abufing the Power which is ncceilay to be put into Ids hands we have provided that he fhall have a Council to advife him at all rim as and upon all important Oc- cafions, and he with the advice of his .Council is' to have the Appointment of, Civil Officers. This was very readily agreed to by your your Delegates, and will undoubtedly be agreeable to their Coahituents ; for it thofe Officers who are to interpret and execute the Laws are to be dependeat upon the Eledfion of the people it muft forever keep them under the Confront of ambiti- ous, artful and interefted men, who can obtain moft Votes for them. — If they were to be Appointed by the Two Houfes or either of them* the perions appointing them would be too numerous to be ac« countable for putting weak or wicked Men in- to Office. Befidcs the Houfe is defigned as the Grand Inqueft of the Common Wealth,and are to impeach Officers for male Coadacl, the Senate are to try the Merits of fuch impeachments; it would be therefore unfit that they (hould have the Crea- tion of thofe Officers which the one may impeach

and the other remove : but we conceive there}? the

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greatefl propriety in Veiling the Governor with tin! Power, he being as we have before observed,

the

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the compleat reprefentative of all the People, and at ail Tiroes iiable to be impeached by the Hcufe be lore the Senate for male Adminiftration* And we would here obferve that all the Powers which we have given the Governor are neceffary to be lodged in the hands of one Man, at the Gene ral of the Army and firfi Magiftrate^ and none can be en- titled to it but he who has the Annual and United Suffrages of the whole Common Wealth.

You will readily conceive it to be necefTary for your own Safety, that your Judges ffiould hold their Offices during good behaviour ; for Men who hold their places upon fo precarious a Tenure as annuat or other frequent Appointments will never fo affiduoufly apply themfeives to ftudy as will be Bcceffary to the filling their places with dig- nity. Judges fhould at all Times feel themfeives independent and free.

Your Delegates have further provided that the Supreme Judicial Department, by fixed and ample Salaries, may be enabled to devote themfeives whol- ly to the Duties of their important Office. nd for this reafon, as well as to keep this Department federate Iro n the others in Government have ex- cluded them from a Seat in the Legifkture ; and

when our L onftituents confidcr that the final De- i v ficion

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oiffon oS their Lives and Property muft be bad i'a this Court, wc conceive they will univerfally ap- prove the nleafure. The Judges of Prob te and thofe other officers whofc prefeacc is always nccal- fary ill their refpccUve Counties! a*e alfo excluded.

We have attended to the inconven icbccs fug- gefted to have ari fen from having but one Judge o t Probate in each County ; but th<a erecting and al- tering Courts of Juftice being a mere raattcr of Legislation, wc have left it with your future Le- giilaturc to make fuch Alterations as the Circtftn* ftancc5 of the fcveral Counties may require.

YcuxfDelcgatcs did not conceive theinf elves to be veiled with Power to fet up one Denomination of Chriftians above another ; for Religion mud at all Times be a nftattcr between GOD and individuals s

But we havem^vcrthelefe, found ourfelves obliged by a Solemn Teft, to provide for the ex cl u bon of thofo from Offices who will not difclaim thofc Principles of Spiritual JurifdictloH which Rccn^nCathoH.cks in fine CcvMfriss have held, and which are fubverfivc of a free Government eflabiiflied by ihePeoplc- Wc find it ncceflarji to continue the former Law?, and * ! .4k of proceeding fo Cgyfh of Jdft?ce;pi4til a in*

€

tin a

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tare Legifhtnre Shall alter them : ForsunId$ this is clone, the title to Eftatcs will become precarious, Eavv-fuits will be multiplied, and univerfai Con* fallen mutl take place. And Icafl the CcmmoiC wealth for want of a due Adniiniftration of Civil Juftice fhotild be involved in Anarchy, wc have propofed to continue the prefent Magiflrates and Officers unfcii new Appointments Iball take place.

Thui we have, with plained and hncerity, given you the Reafons upon which we founded the prin- oipal pyts of the Syftem laid before y op, which appeared to us as mod neceirary to be explained : And we do moil humbly befeech the Great Dif- pofer of all Evcnts,that wc and our PoSerity may- be edablifhcd hi and long enjoy the Bleffings of a >veli- ordered arid free Government.

In the Name, and purfuant to a Refoluilon of the Convent iC7i>

JAMES BOWDOIN, FrefidwC

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Attiji-

SAMU2L BARRETT, Secretary.

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eONSTlTUTlO K

o B

FRAME of GOVERNMENT/

Agreed upon b j the Delegates of the People of the State q%

MASSACHUSETTSrBAf*

a

CONSTITUTION

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FRAME or GOVERNMENT;

Agreed opoa by the D* tie at is of the People of the State ©§

MASSACBVIXTfS-BAYj

I N

convention; *

Begua and held at Cambridge on the Firftof September, 177$; A N P

Continued by Adjournments to the Second of Matth% 17S©*

To be fubmitted to the Revifion of their Conftituents, in Order to the compleatirig of the fame, in Conformity to theirAmend- ments, at a Seffion to be held for that Furpofe, on the Fir ft Wednesday in June next enfuing.

B 0 S T 0 N : State of Massacmusbtts Bat,

. fry Bjhjauh Edes & Seas, ia State-Street;

1 »aS6€,li£&*<

4

A Confutation or Form of Go- vernment for the Common- wealth of Massachusetts.

PREAMBLE.

TH E end of the inftitution, maintenance and adminiftration of govern orient, is ts fecure the cxiftcnce of the bodv-polkic ; to protedt it and to furniQvthe indivi- duals who compofc it, with the power of enjoying, in fafety and tranquility, their natural rights, and the bleffings of life : And whenever thefe great objedfs are not obtained, the people have a right tp alter the government, and to take meafures n'eceffa- ry for their fafcty? profperity and happinefs.

The body-politic is formed by a voluntary aflo- eiation of individuals ? It is a focial compadt, by which the whole people covenants with each citi- zen, and each citizen with the whole people, that all fhall be governed by certain lav/s for the com- mon good. It is the duty of the people, therefore, in framing a Conftitution of Government, to pro-

vide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful ex- ecution of them ; that every man m ay, at all times, i|/ in them. '

We, therefore, the people of Maffachufctts, ac- knowledging, with grateful hearts, the goodnefs of the Great Legiflator of the Univerfe, in affording us, in the courfc of His providence, an opportunity, deliberately and peaceably, without fraud, violence or furprizc, of entering into an original, explicit, and folcmn ccmpadt with each other ; and of for- ming a new Conftitution of Civil Government, for ©urielves and poflerity j and devoutly imploring His diredtion in fo interefting a defign, DO agree upon, ordain and eftablifh, the following Declara- tion of Rights, and Frame of Government , as the

CONSTiTUTIONoftheCOMMONWSALTH of Massachusetts.

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PART the First:

A DECLARATION of the RIGHTS of the Inhabitants of the Common- wealth of Massachusetts.

Art ♦ ALL men are born free and equal, and have

I. certain natural, eflential, and unalienable

rights ; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, poffeffing, and protedling pro- perty ; in fine, that of fecking and obtaining their iafety and happinefs.

II. It is the right as well as the duty of all men

in fociety, publicly, and at ftated feafons, to wor- £hip the SUPREME BEING, the great creator and preferver of the univerfe. And no fubjed (hall be hurt, molefted, or retrained, in hisperfon, liberty, or eftate, for worfhiping GOD in the manner and feafon agreeable to the didlates of his own

confcience ; or for his religious profefiion or fenti- rnents ; provided he doth not difturb the public peace, or obflrud: others in their religious worfhip.

III. As the happinefs of a people, and the good

order and prefervation of civil government, cflenti- ally depend upon piety, religion and morality ; and as thefc cannot be generally eiffufed through a com- munity, but by the inftitution of the public wor-* /hip of GOD, and of public inilrudlions in piety, religion and morality : Therefore, to promote their happinds* and to lecurc the good order and prefer- vation of their government, the people of thisCom- ihonvvcalth have a right to inveff their legiflature ~ with

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with power to authorize and require, and the giflafure (ball, time to time, authorize and re- quire, the feysral towns, parilhcs, prccindb, and' other '‘bodies politic, or religions focietics, to make fuitable provificn, at their own expcnce, for the in- fiitution of the public worfhip of GOD, and for the fappoft and maintenance of public proteftant teachers ot piety, religion and morality, in all cafes where Inch pmvifton fhall not be made voluntarily.

Am> the people of thhComrncn wealth have alfo a right to, and do, invefl: their legifhturc with au- thority to enjoin .upon all the fubjefts an attendance \ upon the inllru6lion$ of the public teachers aforc- faid* at flared. "me s and fcafons, if there be any on | v/hofe inftrudlions they can cohfeienciouily and conveniently attend. j

Provided notwithftanding^ that the feveraf towns, parishes, precindls, and other bodies-politic, ! or religious focietics, (hall.,, at all times, have the txd.qftyc right of electing their public teachers, and of contracting with them for their fupport *and maintenance.

And all monies paid by the fubjeft to the fup- port of public >vbrfhip, and of the public teachers aforefaid, (hall, if he require it, be uniformly ap- plied -to the fupport of the public teacher or teach- ers of his own religious fed! or denomination, pro- vided there be any on whofe inftrudlions he attends j other wife it may be paid towards the fupport of the teacher or teachers of the pariih or prccinft in which the faid monies are railed*

And every denomination of chriftian*, demean- ing them fc Ives peaceably, and as good fubjedts of the Commonwealth, (hall be equally under the pro- tection I

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;te£tion ofjhc Jaw : And do fubt.rdination of an? one led or denomination to another ihail ever be eftabliflied by law.

IV. Ths people of this Commonwealth have the foie and exclufive right of governing thenafelves as a free, fovereign, and independent date ; and do, and forever hereafter (hail, exercife and enjoy every power, jurifdiction, and right, which is not, or may not hereafter, be by them exprefly delegated to the United States of America, inCongrels affembled.

V. All power redding originally in the people, and being derived from them, the feveral magi- flrates and officers of government, veiled with au- thority, whether legiflative, executive, or judicial, are their fubftitutes and agents, and are at ail times accountable to them.

VI. No; man, nor; corporation, or affectation of men, have any other title to obtain advantages, or particular and exclufive privileges, diiiinfifc from thofe ol the community, than what arifes from the confideration of fervices rendered to the public ; and this title being in nature neither hereditary, nor tranfmiffible to children, or dependents, or relations by blood, the idea of a man born a oaagiftrate, law- giver, or judge, is a blur d and unnatural.

VII. Government is in diluted for the com- mon good for the protedUqn, lafety, profperity and happlneis of the people ; and not for the pro- fit, honor, or private inters# of any one man, fa- mily, or clafs of men : Therefore the people alone have an incoaieftibie, unalienable, and indefeafible > right to inflitute government ; and to reform, alter, lor totally change the fame, when their protediion*

fcrfety, profperity and happineis require it.

B VIII. In

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ViJI. In order to prevent thofe, who are veftc4 with authority, from becoming oppreffors, the peo- ple have a right, at fuch periods and in fuch man- ner as they fhall eftablifh by their frame of govern* ment, to caufe their public officers to return to pri- vate life ; and to fill up vacant places by certain and regular elections and appointments.

IX. All cleftions ought to be free ; and all the inhabitants of this Commonwealth, having fuch' qualifications as they ffiall eftabliffi by their frame of government, have an equal right to cleft officers, and tobeclefted, for public employments.

X. Each individual of the fociety has a right to be protefted by it in the enjoyment of his life, liberty and property, according to landing laws. He is obliged, confcqucntly, to contribute his fhare to the expence of this protection ; to give h s per- foaal fcrvice, or an equivalent, when neceffary : But no part of the property of any individual, can, with juftice, be taken from him, or applied to pub- lic ufes, without his own confent, or that of the reprefentative body of the people : In fine, the peo- ple of thisCommonwealth are not contreulable by a- ny other la tvs, than thofe to which their conftitution- al reprefentative body have given their confcnt. And whenever the public exigencies require, that the pro- perty of any individual ihould be appropriated to public ufes, he ffiall receive a reafonable compenfa- txon therefor.

XI. Every fubjeft of the Commonwealth ought to find a certain remedy, by having rccourfc to the laws, for all injuries or wrongs which he may re- ceive in his perfon, property, or cbaraftcr. He teught to obtain right and juflice freely, and with-

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out being obliged to purchafe it ; tompleatly, and without any denial ; promptly, and without delay ; conformably to the laws.

XIL No fabje£t fhall beheld to anfwer for any crime or offence, until the fame is fully and plainly, fubftantially and formally* deferibed to him ; or be compelled to accufe, or furniih evidence againft him- felf. And every lubjcft (hall have ^ right to pro- duce all proofs, that may be favourable to him ; to meet the witneffes againft him face to face, and to be fully heard in his defence by himfeif, or his coun- cil, at his election. And no fubjeCt fliall b$ arreft- ed, imprifoned, delpoiled, or deprived ot his pro- perty, immunities, or privileges, put out of the pro- tection of the law, exiled, or deprived of his life, liberty, or eftate, but by the judgment of his peers, ar the law of the land.

Anb the legifkturc (hall not make any law, that fhall iubjeCt any perfon to a capital or infamous pu^ nifhment, excepting for the government of the army and navy, without trial by jury.

XIII. In criminal profecutions, the verification, of fads in the vicinity where they happen, is one of the greateft f canities of the life, liberty, and pro- perty of the citizen.

XiV. Every fubjed has a right to be fecure fr#m all unreafonablc fearches, and fcizurti of his perfon, his houfes, his papers, and all his pofieffions, 'All warrants, therefore* are contrary to this right, if the caufe or foundation of them be not previoufiy fupported by oath or affirmation ; and if the order in the warrant to a civil officer, to make fearch in fujpeded places, or to arreft one or more fufpected perfons, ©r t© feizc their property, be sot accompa- with a lpcckldcfig^tioa of the periods #r ob-

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jedfo of fearcb, arreft, or feizure : and no warrant ought to be iflued but in cates, and with the forma- lities, prescribed by the laws.

XV. In all controverfies concerning property, and in all fuits b^' 1 cen two or more perfons, ex- cept in cafes in which it has heretofore been other- ways ufed and practiced, the parties have a right to a trial by a jnrv ; and this method of procedure fball be held facred, unlefs, in caufes arifmg on the high- teas, and fuch as relate to mariners wage?, the legislature ffiall hereafter find it neceffary to al- ter it.

X V J. The liberty of the prefsis effential to the fecurity of freedom in a date : it ought not, there- fore, to be retrained in this Commonwealth.

XVI!. The people have a right to keep and to bear arms for the common defence. And as in lime of peace armies are dangerous to liberty, they ought not to be maintained without the coifentbf the legiflature 5 and the military power (hall always be held in an exadt fubordinaticn to the civil autho- rity, ana be governed by it.

XVJII. A frequent recurrence to the funda- mental principles oi the confiitutidfi, and a confiant adherence to thofe of piety, juftice, moderation, temperance, hidufiry, and frugality, are abfolutcly ryceffary to preferye the advantages of liberty, and to maintain a free government : The people ought, ccnfcquently, to have a particular attention to all thofe principles, in the choice of their officers and ieprefentatives : And they have a right to require of their Iaw-givcn> and magiftrates, an exadt and conftant obfervsnee of them, in the formation and execution of the laws neceffary for the good adnft- iftfl ration of the Commonwealth. fcV ^XIX.T&s

I l3 ]

XIX. The people have aright, in an orderly and peaceable manner, to affemble to confult upon the common good ; give inftru&ions to their repres- entatives ; and to requeft of the legiflative body, by the way of addreflfes, petitions, or rcmonftrances, redrefs of the wrongs done them, and of the grie- vances they fuffer.

XX. The power of /impending the laws, or the execution of the laws, ought never to be exercifed but by the legiflature, or by authority derived from k, to exercifed in fuch particular cafes only as the legiflature fhall exprefly provide for.

XXI. The freedom of deliberation, fpeech and debate, in either houle of the legiflature, is fo eflfen- tul to the rights of the people, that it cannot be the foundation of any acc*fation or profecution, ac- tion or complaint, in any other court ©r place what- foever.

XXII. The legiflature ought frequently to al- ienable for the redrefs of grievances, for correcting, /Lengthening, and confirming the laws, and for ma- king new laws, as the common good may require.

XXIII. Nofubfidy, charge, tax, im^ oft, or du- ties, ought to be eftablifhed, fixed, laid, or levied, under any pretext whatfoever, without the confent of the people, or their repfefentatives in the legiflature.

XXIV. Laws made to punifh for aCtions don© bef* e the cxiftenee of fuch laws, and which have not been declared crimes by preceeding laws, are un- juft, oppreflive, and inconfiftent with the funda- mental principles of a free government.

XXV. No fubjcCt ought, in any cafe, or in any to be declared guilty of treafon or felony by

the legiflature “r"

JXVL N®

I H J]

XXVI. No magrftrafe or court of law, fliall de- mand ei^cetlive hail or furettes, impofe exccffive hiaes, or inflict cruel or unulual paniffiments.

XXVll. I n time of peace no foldicr ought to be quartered in any houfe without the confent of the owner ; and in time of war fuch quarters ought not to be made but by the civil magiftrate, in a manner ordained by thfe legiflacurc; >

XXV HI. No perfon can in any cafe be fubjec- * €ed to laW-martiah or to any penalties or pains, by virtue of th&t laW> except thofc employed rn the ar- my or navy, and except the militia in adtual lerviee, feui by authority of the lcgiflature-.

XXIX. I-T is effential to the preservation of ths yights of every individual, his life, liberty, property and character, that there be an impartial interpre- tation of the daws, Uhd adminiftration of juftice. It is the right of every citizen to be tried by judges as fret*, impartial and independent as the lot of huma-' Siity will admit. It is therefore not only the befit policy, but for the fecunty of the rights of the peo- ple, and of every citizen, that the judges of the Su- preme judicial court ffiould hold their offices as long as they behave themfeives well ; and that they ffiould have honorable fidanes afeertained and eftabliffied by ftanding laws.

XXX, In \hc government of this Common- wealth, the legiflative department (ha'll neve‘4!exer- cile the executive and judicial powers, or either of them : The executive ffiali never excrcifc the le- g'dlative and judicial powers, or 'either of them: The judicial ffiali never excrcifc the legiflative and ex- ecutive powers, or either of them : to the end it may be a government of laws and dot of men.

PART

[ ]

PART the Sec-ohxC

The Frame of Government.

TH E people inhabiting the territory formerly called the Province of Maffachufetts- Bay, do hereby folcmnly and mutually agree with each other, to form themfelves into a free, foverei gn, and independent body- politic or ftate, by the namo of THE COMMONWEALTH OF MASSA- CHUSETTS,

CHAPTER L

The Legiflative Power,

SECTION I*

The General Court.

Art. X. The department of legiflation {hall be formed by two branches, a Senate and H$u[e of Re- prefentatives : each of which fhall have a negative on the other.

The legiflative body (ball affemble every year on the laftWedncfday inMay, and at fuch other timea •as they fhall judge ncccffary ; and (hall diflolvc and be diffolvcd on the day next prccecding the faid laffc Wcdnefday inMay ; and fhall be Ailed, The Ge- neral Court ^/'Massachusetts,

II. N© bill or refolve of the Senate or Houfe of Reprefentativesftiall become a law, and have force as fach, until it fhall hay e been laid before the Cover*

mt

[ I* ]

nor for his cevifal : And if he, upon fucli revifiom/ approve thereof, he fhall fignify his approbation by ligning the fame. But if he have any objection to* the paffing of fuch bill or refolve, he fhall return the fame, together with his objections thereto, in Writing, to the Senate or Houfe ot Reprefentatives, in which ioever the lame lhall have originated 3 who fhall enter the objections fent down by the j Governor,, at large, on tilpir records, and proceed to reconfider the faid bill or refolve : But if after inch reconfide ration, two thirds of the faid Senate or Houfe of Reprcfentatives, fhall, notwhhftandirig the faid objections, agree to pafs the fame, it fhall, * together with the objections, be fent to the other branch of the legiflaturc, where it fhall alf© be re- confidered, and if approved by two thirds of the members prefent, it fhail have the force of a law : But in ail fuch cafes, the votes of both houks fhall be determined by yeas and nays ; and the names of the pCrfons voting for, or againft, the faid bill or re- j folve, fhall be entered upon the public records of the Commonwealth.

And in order to prevent unncceffary delays, if ,1 any bill or refolve (hall not be returned by the Go- xj vernor within five days after it fhall have been pre- sented, the fame dull have the* force of a law.

III. The General Court fhall forever have full J power and authority to ercCt and conftitute judica- tories and courts of record, or other courts, to be j held in the name of the Commonwealth, for the *

. hearing, trying, and determining of all manner of crimes, offences, pleas, proceffes, plaiets, actions, j matters, caufei and things, whatsoever, arifing or |appcnjng within the Commonwealth, or between

or I

t

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or concerning pcrfons inhabiting, or refining^ tit brought within the fame: whether the fame he criminal or civil, or whether the faid crimes be ca- pital or not capital, and whether the laid pleas be real, perfonal, or mixt ; and for the awarding and making oat of execution thereupon : To which courts and judicatories are hereby given and gran- ted full power and authority, from time to time, to adminifter oathb or affirmations, for the better dif- covery of truth in any matter in controverfy or de- pending before them.

IV. And further, full power and authority arc hereby given and granted to the faid General Court, from time to time, to make, ordain, and eftablifh, all manner of wholefome and reafon.able orders, laws, ftatutes, and ordinances, directions and i n- ftruCtions, either with penalties or without ; fo as the fame be not repugnant or contrary to this Con- Ilitution, as they (hall judge to be for the good and welfare of this Commonwealth, and for ^•govern- ment and ordering thereof, and of the fubjcCts cf the fame, and for the neccfiary fupport and defence of the government thereof ; and to name and fettle annually, or provide by fixed laws, for the naming and fettling all civil officers within the faid Com- monwealth ; the election and confutation of whom are not hereafter in this Form of Government other- wife provided for ; and to fet forth the ftveral du- I ties, powers and limits, of the feveral civil and mi- litary officers of thi& Commonwealth, and the forms of fuch oaths or affirmations as fhall be refpcCtively ad mini ft red unto them for the execution cf their fevcral offices and places, fo as the fame be not re- pugnant or contrary to this Conftitutron 5 and to C impof4v;

Smpofe and levy proportional and reafonable afTeff- anents, rates, and taxes, upon all the inhabitants of, and perfons refident, and eftates lying, with- in the faid Commonwealth ; and alio to im- pofe,and levy,rcafonablc duties and cxcifcs,upon any produce, goodly wares, merchandize, and commo- dities whatfoever, brought into, produced, manu- fadtured, or being within the fame * to be ifTued and difpofed of by warrant, under the hand of the Governor of this Commonwealth for the time be- ing, with the advice and confent of the Council, for the public fervice, in the neceffary defence and | fupport of the government of the faid Common- wealth, and the protection and preiervation of the | the fubjeCts thereof,according to fucb a&s at arc or « fhall be in force within the fame*

And while the public charges of government* or any part thereof, fhall be affeffed on polls and eftates, in the manner that hat hitherto been praCU- fed ; in order that fueh aflcffmenti may be made with equality, there fhall be a valuation of eftates within the Commonwealth taken anew once in every ten years at the lead, and as much oitener as the General Court fhall order.

CHAPTER L SECTION IL

SENATE. j

Artf.np'HRRE fhall be annually eleClcd fey the X freeholders and other inhabitants of this Commoaw ealtb,, qualified as in this Conftitution it

provided^

[ J9 1

provided, forty perfons to beQoitnfcllors and Sena- tors for the year ending their eledion ; to be chofcn by the inhabitantsof thediftrids, into which thcCom- monwealth may from time to time bt divided by theGeneraiCourt for that purpofc : And thcGencral Court, in afligning the numbers to be eleded by the refpeftive diftrids, (hall govern themfclves by the proportion of the public taxes paid by the faid diftrids ; and timely make known to tht inhabi- tants of the Commonwealth, the limits of each di- ftrid, and the number of Councilors and Senators to be chofen therein ; provided that the number of fuch diftrids (hall be never lefs than thirteen ; and that no diftrid be fo large as to entitle the fame to choofe more than fix Senators,

And the fevcral counties in thisCommonwealth fhall, until the General Court fhall determine it neceffary to alter the faid diftrids, he diftrids for the choice of Councilors andScnators, (except that the counties of Duke’sCounty and Nantucket (hall form one diftrid for that purpofe) and (hall cled the following number forCounfcllor* and Senators,

Suffolk	Six	York	Two
Effcx	Six	Duke's County'	| On#
Middlefex	Five	and Nantucket^
Hampfhirc	Four	Worccfter	Five
Plymouth	Three	Cumberland	One
Barnftablc	One	Lincoln	On#
Briftol	Three	Berkftiire	Two

II. The Senate (hall be the firft branch of the ltgiflaturc ; and the Senators (hall be chofcn in the following manner, viz. There (hall be a meeting on the firft Monday in April annually, forever, of the inhabitants of each town in the feveral countie* C z ~ ©f

C a? 3

of thisCommonweaith ; to be called by the Scle6i> ' then, and warned in due courfe of law, at leaf! fc- j ven days before the fir ft Monday in April, for the purpofe of dealing perfons to beSenators andCoun- fellors : And at fuch meetings every male inhabitant of twenty-one years cf age and upwards, having a freehold eftate within the Commonwealth, of the annual income of three pounds, or any eftate of the value of fixty pounds, (hall have a right to give in his vote for the Senators for the diftrid of which he is an inhabitant. And to remove all doubts concerning the meaning of the word “ inhabitant” j in this confutation,, every perfon ill all beconficlered , an inhabitant, for the purpofe ofelecling and be- .1 •3ng eleiled into any office, or place within this ! State, in that town, diftrid or plantation, where he clwelleth, cr haih his home.

The Selectmen ©f the Several towns fhall prefide ftt fuch meetings impartially 5 and {ball receive the vetoes of all the inhabitants of fuch towns prefent rnd qualified to vote for Senators, and fhall fert and count them in open town meeting, and in prefence of the Town Clerk, w ho* (hall make a fair record, in pretence of the- Select men, and in open town- meeting*, of the- name of every perfon voted for, and of the number of votes again ft his name ; and a fair copy, of this record fhall be attefted by the Se- 1 eel men and the Town -Clerk, and fhall be fealed up, direded to the Secretary of theCommonwealth for the time being, with a fuperferiptien, expref- ■ ling the purport of the contents thereof, and deli- vered by the Town- Clerk of fuch towns, to the Sheriff of the county in which fuch town lies, thir- dly days at icaft balers the la ft Wcdnefday in May - • t 11 CrC TT:TT “ “ T:t annually j j

Wedncfday in May ; and the Sheriff of each coun- ty (hall deliver all fuch certificates by him received into the Secretary’s office feventeen days before the Lid laftWednefday in May.

And the inhabitants of plantations unincorpo- rated, qualified as this Ccnftitution provides, who are or fhall be empowered and required to a fiefs taxes upon themfclves toward the fupport of go- vernment/ (hail have the fame privilege of voting for Counfellors and Senators in the plantations v/here they refide,as town inhabitants have in their refpective towns ; and the plantation-meetings for thatpurpofe fhall be held annually on the fame firffc Monday in April, at fuch place in the plantations refpedively, as the AfTeflors thereof fhall direct $ which AfTeflors dial 1 have like authority for notify- ing the electors, colleding and returning the votes, as the Selectmen and Town-Clerks have in their feyeral towns, by this Confutation. And all other perfons living in places unincorporated (qualified as aforefaid) who (hall be affefled to the lupport of government by the Affefiors of an adjacent town, fhall have the privilege of giving in their votes for Counfellors and Senators, in the town where they fhall be afTefTed,and be notified of the place of meet- ing by the Selectmen, of the town where they fhall be afiefTed, for that purpofc accordingly.

III. And that there may be a due convention of Senators on the laftWednefday in May annually, the Governor, with five of theCounci!}for the timq " being, fhall, as foon as may be, examine the re- turned copies of fuch records 5 and fourteen days

C 23 ]

before the faid day he (hall iflue his fummons to fuch perfons as (hall appear to be chofen by a ma- jority of voters, to attend on that day,and take their feats accordingly : Provided neverthelels, that for the firft year the faid returned copies (hall be exa- mined by the Prefident and five of the Council of the former Conftitution of Government ; and the faid Prefident (hall, in like manner, iflue his fum- mons to the perfons foeledted, that they may take their (cats as aforefaid.

IV. The Senate (hall be the final jud^e of the cledions, returns and qualifications of tlieir own members, as pointed out in the Confiitution ; and fhall, on the faid lad Wednclday in May annually, determine and declare who arc eledlcd by each di(- tridt, to be Senators by a majority of votes : And in cafe there (hall not appear to be the full number of Senators returned elected by a majority of vote* for any diftrift, the deficiency (hail be Supplied in the following manner, viz. The members of the Houfe of Reprcfentatives, and fuch Senators as lhall be declared elected, (hall take the names of fuch per- fons as (hall be found to have the higheft number of votes in fuch diftrict, and not elected, amounting to twice the number of Senators wanting, if there be fo many voted for ; and out of thefe, fhal! elect by ballot a number of Senators fufficient to fill up the vacancies in fuch diftridt : And in this manner all fuch vacancies (hall be filled up in every diftricl: of the Commonwealth ; and in like manner all vacancies in the Senate, arifing by death, removal out of the State, or otherwise, fhall be fupplied as (oon as may be, after fuch vacancies (hall hap- pen,

j V, Pkovipi*

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V. Provided ncvertbelefs, thatnoperfon (hill be capable of being clewed as a Senator, who is not feized in his own right of a freehold within this Commonwealth, of the value of three hundred pounds at lead, or pofleffed of perfonal eftate to the value of fix hundred pounds at leaft, or of both to the amount of the fume fum*and who has not been an inhabitant of this Commonwealth for the fpace of five years immediately preceeding his election* and at the time of his election, be fhall be an inha- bitant in the d iff ridl* for which he fhall be chofcn.

VI. The Senate (ball have power to adjourn themfelves, provided fuch adjournments do not ex- ceed two days at a time.

VII. The Senate fhall choofe its own P'refidcnt* appoint its own officers,and determine its own rules of proceedings.

VIIJ. The Senate fhall be a court with full au- thority to hear and determine all impeachments made by the Houfc of Reprefentatives, againft any officer or officers of the Commonwealth, for mrf- conduft and mal-adminiftration in their offices, lhit previous to the trial of every impeachment, the members of the Senate fhall rdpedtively be fworn* truly and impartially to try and1 determine the charge in queftion, according to evidence. Their judgment* however, ftall not extend further than to removal from office* and difqualification to hold or enjoy any place of honour, truft, or profit* under this Commonwealth But the party fo convi&ed* fhall be neverthclefs, liable to indidtment, trial* judgment* and punifhment, according to the laws of the land.

IX. Not lefs than fixteen members of the Se« nate fhall confhtute a quorum for doing bufinefs.

CHAP.

[ *4 1

CHAPTER I. SECTION HE

Houfc of Rcprefentativ.es, *

Art THi^HERE fhall be in theLegifiature of this JL Commonwealth^ reprefentation of the people, annually ele&ed, and founded upon the principle of equality.

II. And in order to provide for a reprefenta- tion of the citizens of thisCommon wealth, founded upon the principle of equality, every corporate town Containing one hundred and fifty rateable polls; may ele.d one Reprefentative : Every corporate town,' containing three hundred and feventy-five rateable polls, may eied two Reprefentatives t Every corporate town, containing fix hundred rate- able polls, may eled three Reprefentatives ; and 'proceeding in that manner, making two hundred and twenty-five rateable polls the mean increafing number for every additional Reprefentative.

Provided hevertheiefs/that each town now in- corporated, not having one hundred and fifty rate- able polls, may ele6if one reprefentative : but no place flu all hereafter be incorporated with the pri- vilege of eleef ing a Reprefentative; unlcfs there arc within the fame one hundred.and fifty rateable polls.

And the Houfc of Reprefentatives fihall have power from time to time to impofe fines upon fuch towns as (half neglcft to choole.and .return mem-' bers to the fame, /agreeably to this Conftitution;

" ' r This

[ ]

The expences of travelling, to the Geneva! Af~ ftmbly, and returning home, once in every leffibn, a d no more, (hail' be paid by the government, ouc of the public treafury, to every member who ilia It attend as deafonably as he can, in the judgment of the Houfe* and does hot depart without leave.

Ill* Every member of the Houfe' of Reprefen- tatives (hall' be chofen by written votes ; and fop one year at leaft next preceding his defHon, flialjt have been an inhabitan t of, and have been feizedia his own right of a freehold of the value of one hun- dred pounds within the town he fhall be chof: a to reprefent, or any rateable cflate to the value of two hundred pounds ; and he fhall ceafe to* reprefent the fa id town immediately on his eeaflng; to be qualified as aforefaid*

IV* Every male perfon, being twenty* one years of age, and refident in any particular town iri this Commonwealth for the fpace of one year next preceedi rig, having a freehold eftate within the fame town, of the annual income ot three pounds, or any eftate of the value of fixty pounds, (hall have a right: to vote in the choice of a Reprefeutative orRcprs- kntatives for the laid town.

V. The members of the Houfe cf Reprefcnt&rf tives (hall be chofen annually in the month of May* ten days at leaft before the laft Wcdnefd&y cf thae month.

VI. The Houfe of Representatives (hall be th6 Grand Inqueft of this Common wealth j and all impeachments made by them, (hall be heard and tried by the Senate.

VII. .All money-bills fhall originate in the Houfe of Representatives 5 but the Senate may pro*

D pgfa

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tsofe or eoncur with amendments, as en other Bills.

VIII. The Houfe of Reprefentatives {hall have power to adjourn thetrifeives ; provided fuch ad- journment (hail not exceed two days at a time.

IX. Not lei's than fixty members of the Houfe of Reprefentatives, (hail conltitute a quorum for doing bufinefs.

X. The Honfe of Reprefentatives (hall be the

judge of the returns, cleftions, and qualifications of its own members, as pointed out in the conflitu- tion ; fhall chufe their own Speaker ; appoint their own officers, and fettle the rules and orders of pro- ceeding in their own houfe : They fhall have au- thority to punifh by impi ifonment, every perlon,. Bot a member, who fhall be guilty of difrefpedt to the Houfe, bv any -diforderly,. or contemptuous behaviour, in its prefence ; or who, in the town, where the General Court is fitting, and during the time of its fitting, fhall threaten barm to the body or eftate of any of its members, for any thing laid or don* in the Houle or who lhali aflault any of them therefor ; or who lhali aflault, or arreft,. any witnefs, or othtr perfon, ordered to attend the Houfe, in his way in going, or returning.; or who fhall refeue any pcrlon arrefted by the order of the Houle. . v

A no member of the Houfe of Reprefenta- tives lhali be arrefted, or held to bail on mean pro- ofs, during his going unto, returning from, or his attending, the General AiTembly.

XL The Senate fhall have the feme powers in the like cafes ; and the Governor and Council mall hsiy* the fame authority to punifli ia like cpales.

Provided.

i

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4

I 27 i

Provided that no imprifanment on tT.* order of the Governor, Council, Senate, or Houle of Reprefcntatives, for cither of the above-defcribcd offences, be for a term exceeding thirty days.

And the Senate and Houle of Reprefentatives may try, and determine, all cafes where their rights and privileges are concerned, and which, by the Conflitution, they have authority to try and deter- mine, by committees of their own members, or ia fuch other way as they may relpe&iveiy think beft.

C H A P T E R II.

Executive Power.

( . .i

SECTION I. |

G OVERNO R„.

j<-7 0 \»\ V- ’

Art.rT~AHERE (hall beafupreme executive Ma- I. -giftrate, whofhall be Oiled, THE GO-

VERNOR OF THE COMMONWEALTH OF MASSACHUSETTS ; and whofe title fhaii be— HIS EXCELLENCY.

II. The Governor fhall be chofen annually : And no perfon (hall be eligible to thisofdce, unlefs at the time of his election, he fhall have been an inhabitant of this Commonwealth fdr feven years next preceeding ; and unlefs he fhall, at the fam« time, be lei zed in his own right, of a freehold with- in the Commonwealth, of the value of one thoufand pounds1; and unlefs he fhall declare himfelf to be of the chriffian religion.

D %

ill. Tjnosf

1

J

[

, III. Those perfons \yhp dial! be qualified to vote for Senators and Representatives within the feveral towns of this Commonwealth, fhall, at a meeting to be called for that purpofe, on the firft Monday of April annually, give in their votes for a. Governor, to the 5ele£lmen, who (hall prefide at inch meetings ; and the Town-Clerk, in the pre- tence and with the afiiftarice of the Selectmen, ♦ball, in open town-meeting, fort and count the votes, and form a lift of the perfons voted for, w ith the number of votefc for each perfon again ft his name ; and (hall make a fair record of the fame in the town books, and a public declaration there- of in the laid meeting ; and dial!, in the prefence of the inhabitants, feal up copies of the laid lift, at- tefted by him and the Selectmen, and tranfmit the fame to the Sheriff of the county, thirty days at leaft before the laft Wcdnclday in May ; and the Sheriff (hall tranfmit the fame to the Secretary's office feventecn days at leaft before the faid laft Wednesday in May ; or the Selectmen may cauls returns of the fame to be made to the office of t Ire Secretary of the Commonwealth Cventeen days at leaft before the laid day ; and the Secretary (hall lay the fame before ! the Senate and the Houle of Reprdericativ.es,' on the laft Wednefday in May, to be by them examined : And in cafe of an eledtioft by a majority of ail the votes returned, the choice final! be by diem declared and publiffied : But if no’ priori (ball have a majority of votes, the Houle of R core fen tatives (hall, by ballot, ele£t two out of lour perfons who had thehigheft numbers of votes, if fo many (hall have been voted for 5 but, if other- wife, out of the number voted for j and make re- >v .. , - -• turn

[ 3

turn to the Senate of the two perfons fb eledted $ on which, the Senate (hall proceed, by ballot, to «lcdfc one, who {hall be declared Governor.

IV. The Governor (hall have authority, from time to t'me, at his diferetion, to affemble and call together the Counfellors of this Commonwealth for the time being ; and the Governor, with the faid Councilors, or five of them at lead, {hall, and may, from time to time, hold and keep a Coun- cil, for the ordering and diredting the affairs of the Commonwealth, agreeably to the Conftitution and the laws of the land.

V. The Governor, with advice cf Council, {hall have full power and authority, during the feffion of the General Court, to adjourn or prorogue the fame to any time the two Houfes {hall defire ; and todiffolve the fame on the day next prcceeding the hft Wednefday in May ; and)fin the recefsof the faid court, t© proro gue the fame from time to time, not exceeding ninety days in any one reeds ; and to call it- together fooner than the time to which it may be adjourned or prorogued, if the welfare of the Commonwealth {ball require the fame : And in cafe of any infedious difiemper prevailing in the place where the faid court is next at any time to convene, or any other caufe happening whereby dan- ger may ariie to the health or lives of the members from their attendance, he may diredt the feffion to be held at fome other the mod convenient place within the State.

And the Governor {hall diffolvethe faidGeneral Court on the day next preceeding the lali Wednef- «Uy in May.

VI* In cafes ©f disagreement between the two ~ r Houfes,

[ 5° 1

Ilcufes, with regard to the neceffit , , — pr time of adjournment, or prorogation, the Go- vernor, with advice of the Council, fhall have a right to adjourn or prorogue the General Court, not exceeding ninety days, as he (hall determine the public good fhall require.

Vi 1. Thr Governor of this Commonwealth for the time being, fhall be the commander in chief of the army and navy, and of all the military forces of the State, by fea and land ; and (ball have full power by himfclf, or by any commander, or other officer or officers, from time to time, to train, in- itrudl, exercife and govern the militia and navy • &nd, for the fpecial defence and fafety of the Com- monwealth, to affiemble ip martial array, and put in warlike poflure, the inhabitants thereof, and to lead and conduct them, and with them, to encoun- ter, repel, refill, expel and purfue, by force of arms, as well by fea as by land, within or without the li- mits of this Commonwealth, and alfo to kill, flay and defircy, if neccflary,and conquer, by all fitting ways, enterprizes and means wbatfoeve'-, all and every fuch perfon and perfons as fhall, at any time hereafter, in a hoftiie manner attempt or enterprize the deflrudfion, irvafton, dctrimcnqor annoyance of thisCommonweakh ; and to ufe and exercife, over the army and navy, and over the militia in actual fervicc, the law -martial, in time of war or invafv on, and alfo in time of rebellion, declared by the legiflature to exift, as occafion fhall neccffarily re- quire ; and to take and furprize by all ways and means whatfoever, all and every luck perfon or per- sons, with their (hips, arms, ammunition and other gqeris, as fliall, in a hofliie manner, invade, or at- tempt

*

[ 3 1 3.

tempt trie invading, conquering, or annoying this Commonwealth ; and that theGovernor be intrud- ed with all thele and ether powers, incident to the offices of Captain -General andCommander in Chief, and. Admiral, to be exercifed agreeably to the rules and regulations of the Confutation, and the laws of the land, and not otherwife.

Provided, that the faid Governor (hall not, as any time hereafter, by virtue of any power by this Gonftitution granted, or hereafter to be granted te> him by the legillature, tranfport any of the inhabi- tants of this Commonwealth, or oblige them to march out of the limits of the fame, without then- free and voluntary confent, or the content of the General Court ; except fo far as may be neccfiary lo march or tranfport them by land or water?for the defence of, fuch part of the State, to which they cannot otherwife conveniently have accefs.

VIII. The power of pardoning offences, except fuch as pcrfpns may be convi&ed of before the Se- nate by an impeachment of the Houfc, (hall be 'm the Governor, by and with the advice of Council : Bu t no charier of pardon, granted by the Governor, with advice of theCouneil, before conviflion, fhali avail the party pleading the fymer notwithfUnding any general or particular expreffions contained therein, deferiptive of the offence., ©r offences in- tended to be pardoned.

IX. All judicial officers* the A ttorney-Genera?a the Solicitor-General, all Sheriff, Coroners, and Registers of Probate, fhali be nominated and ap- pointed by the Governor, by and With the advice and confent of the Council ; and every fuch nomi- nation fhali be made by the Governor, and mads

WA- ieven days prior to fuch appointment.

' X. Thb

X. The Captains snd fubaltcrns of the militia/ ihall be eledcd by the wfitten votes of the train- band and alarm lilt of their reffiedfive companies, of twenty-one years of age and Upwards : The field- officers of regiments, ffiall be eledcd by the writ- ten votes of the Captains and fnbalterns of their re- fpedive regiments : The Brigadiers ffiall be deeded in like manner, by the field-officers of their refpec- tivc brigades : And fuch officers, fo eleded, ffiall be commiffioned by the Governor, who ffiall de- termine their rank.

The Legiflature {hall, by (landing laws, direft the time and* manner of convening the eledors, and of colled injj votes* and of certify ing to the Go* vernor the officers eleded.

The Major-Generals ffiall be appointed by the? Senate aad Houfe of Reprefeniatives, each having a negative upon the other y and be commiffioned by the Governor.

And if the cledors of Brigadiers, fidd-officers* Captains ox ffibalterns, ffiall negled: or 4refufe to make fuch e led ions, after being duly notified, ac- cording to the laws for the time being, then the Governor, with advice of Council, ffiall appoint fuitable perfons to fill fuch offices.

And no officer, daly eommiffioned to Command in' the militia, ffialfbe removed from his office, but by the add refs of both houfes t© the Governor, or by fair trial in court martial, purfuant to the laws of the Commonwealth for the time being.

Th e commanding officers of regiments ffiall ap- point their Adjutaats and Quarter-matters 5 the Bri- gadiers their Brigade-Majors $ and the Major-Ge- nerals their Aids ; and the Governor ffiall appoint the' Adjutant-General, * Ths

r 33 i

* * fj

The Governor, with advice of Connell, ftiall.

appoint alt officer^ o-f the continental armv, whorh by the confederation of the United States it n pro- vided th>t thi? Commonwealth -(ball appoint,- — is ■'alfoitll officers of forts and garrifons.

The di v'i&ons of the militia into brigades regi- ments and compahics, made in' purfuancc of the militia laws now in force, fliall t>c con fide red as the proper dfvlfiops of the militia of this Common- wealth, untii the fame (hall be altered in purfuand® of feme future law,

Xfe Nbfiioflieifhall be ifiacd'out of thetreafury of this Commonwealth, and difpofed of (except fuch-fums as may be appropriated for the redemp- tion of bills of credit or Trcafurer's notes, or for the payment of intcreft arifing thereon) but by warrant under the hand of the Governor for the time being, with the advice and confent of the Council* for the ncceflary defenfc® and fapport of ' the Commonwealth ; and for the protedi©n and preservation of the inhabitants thereof, agreeably to the ads and refolves ©f the General Court,

XII. All public boards, the Com mifl^ry -Gene- ral, all fuperintending officers of public magazines and (lores, belonging to this Commonwealth, and all commanding officers of forts and garrifoss with- in the fame, fhali once in every three months offi- cially and without requisition, and at other times., when required by the Governor, deliver to him an account of all goods, (lores, provilions, ammuni- tion, cannon with their appendages, and (mail arms with their accoutrements, and of all other public property whatever under their carc~»dpedivdy .

U ^idinguiffiing

[ 34 1

" "77 ■ v ' . - i

fihlinguifoing the quantity, number, quality an d kind of each, as particularly as may bi \ together with the condition ot fuch forts and. garrifons : And the faid commanding officer fhajl exhibit to the Governor, when require;! by him, true and ex- aft plans of fuch forts, and of the land and fea or harbour or harbours adjacent.. v

And the faid boards, and all public officers* fhall communicate to the Governor, as foon as may be after receiving the farrrs, all letters, difpatchcs, and intelligences of a public nature, which fhall be di- rected to them refpedivcly.

XII i. As the public good requires that the. Go- vernor fhould not be under the undue influence of *any of the members of the General Court,. by a dependance on them for big fupport — that he fhould in all caies, ad with freedom for the benefit of the J public — that he** fhould not have his attention nc- ccffariiy diverted from that objed to bis private con- cerns-— & that he fhould maintain the dignity of the Commonwealth in the character of its chief magi- Urate— iris neceflary that he fhould ha, ve^n honora- ble flared fa!ary,of a fixed & permanent value, amply iufficienr for thofe purpofss,& eflablifoed by Hand- j ing laws ‘ And it fhall be among the firfi ads of the GeneralCourt, after the commencement of thisCon- flitution,to eftablifh fuch falary bylaw accordingly.

Permanent and honorable falaries fhall alfo be efiablifhed by law for the Juftices of the fupreme judicial court.

And if it fhall be found, that any of the falaries aforefaid, fo eflablifned/are infufficient, they fhall, from time to time, be enlarged as the General Court fhall judge proper.

CHAP.

II.

[ 35 ]

CHAPTER

v

SECTION IL

Lieutenant-Governor.

Art.^E MIERE (hall be annually elefled a Lieu* I. J_ tenant-Governor of the Commonwealth of Maflachufetts, whofe title fha.ll be HIS HONOR — and who (hall be qualified, in point of religion, property, and refidence in the Commonwealth, in the (ame manner with the Governor : And the day • and manner of his cle&ion, and the qualifications of the electors, (hall be the fame as are required in the ele&ion of a Governor. The return of the votes for this officer, and the declaration of his elec* tion, (hall be in the fame manner : And if no one perfon dial! be found to have a majority of: all th« votes returned, the vacancy (hall be tilled by the Se** nate and Houfe of Reprefentatives, in the (ame manner as thcGovernor is to be elefted,inca(e noons perfon (hall have a majority of the votes of the peo- ple to be Governor.

II. The Governor, and in his abfence the Lieu- tenant-Governor, (hall be Prefident of the Council, but (hail have no vote in Council ; And the Lieu- tenant-Governor (hall always be a member of the Council, except when the chair of the Governor (hall be vacant.

III. Whenever the chair of the Governor (hall be vacant, by reafon of his death, or abfcnce from the Commonwealth, or otherwife, the Lieutenant- Governor, for the time being, (hall, dining fuch

E 2 vacancy*

V. *

■ -i -

4' ' ' ■ «

C 3

vacancy, perform al! the duties incumbent upon the Governor, and .fliaif have at)d exercise all the powers and authorities, which by this Cenftitutio$ Governor is •verted with, when perfcnally pre- (cut.

C IKA PTER II.

S E C T I O N III.

Council, and the Manner of fettling Elections by the Legiflaturc.

Art. T^HERE Cm\\ be a Council for advifing the I. Jf Governor in the executive part of go- vernment, to coniift of nine perfons befides the Lieutenant-Governor, whom the Governor, for the time being, (hall have full power and authority, irom time to time, at his difcrction, to affcmblc and call together. And the Governor, with the faid Counfeliors, or five of them at leaft, dial! and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the Com- monwealth, according to the laws of the land.

li. Nine Coanfellcrs £ball be annually chofen from among the perfons returned for Couafellors and Senators, en the laft Wedncfday in May, by th« joint ballot of the Senators and Rcprefematives af- iembled in one room : And in cafe there fhall not be found upon the firrt choice, the whole number of nine perions who will accept a feat in the CounV fcH* the deficiency (hail be made up by the ele&ors • aforefcid

i

J

£i&r<sfaul from among the people at large ; and the number of Senators left (hall conftitutc the Senate for the year. The feats of the perlons thus elected from the Senate, and accepting the truft, (hall be vacated in the Senate.

III. Thu Counfellors, in the civil arrangements of the Commonwealth, lhall have rank: next after the Lieutenant-Governor.

IV. Not more than 'two Counfellors Lhall be chofen out of any one diftrict of this Common- wealth.

V. The refolutions and advice of the Council fhaU be recorded in a regiller, and ligned by the members prelent ; and this record may be called for at any time by either Houfe of the legiflature ; and any member of the Council may inlert his opi- nion contrary tp the refolution of the majority.^

VI. Whenever the office of the Governor and Lieutenant-Governor (hall be vacant, by reafoa pt death, abfence, or otherwife, then the Council or the major part of them, lhall, during fuch vacan- cy, have full power and authority, to do, and exe- cute, all and every fuch acts, matters and things, as |he Governor or the Lieutenant-Governor might ©r could, by virtue of thisConftitution, door execute, if they, or either of them, were pcrfonally prelent.

VIJ. And whereas the elections appointed to be made by this Confritution, on the laft Wednclday in May annually, by the two Houles of the legiik- ture, naay not be compieaied oa that day, the faid elections may be adjourned from day to day until the lame fhail be esmpleated. And the order of elections fhail be as follows ; the vacancies ux thcSe-

*• ■> ' - — _J. -w . . f, — - — ► * - ~ •

L 38 ]

uate, if any, fhall firfl be filled up ; the Governor and Lieutenant-Governor fhall then- be cleded, provided there fhould be no choice of them by the people : And afterwards the two Houfcs fhall pro- ceed to the eledion of . the Council.

CHAPTER II.

S E C TIG N IV.

Secretary, Treafurcr, CcmmifTary, &c;

At ' ^ " ‘ ' ' 1

Rotaries -Public, arid Naval- Officers, (hail be chofen annually, by joint ballot of the Senators and Repre- fenta ives in one room. And that the citizens of this Commonwealth may be affured, from time to time, that the monies remaining in the public Trea- sury, upon the fettlement and liquidation of the public accounts, are their property, no man (hail be eligible as Treafurcr and Receiver-General more than five years' fucceffively.

JJL The records ofth$ Commonwealth fhall be kept in the office of theSecretary, who may appoint his Deputies, tor whole coridudt he (hall be account- able, and he fhall attend the Governor andCouncil, the Senate and Houle of Representative', in perfon, or by his deputies, as they fliall refpedlively re- quire.

CHAPTER

[ 39 3

CHAP TER Illi

’ • -nj ' 4 r * 1

Judiciary Power. _

Art!/ jpHE tenure, that all comn&ffion officers fhall by law have fa their offices, (half be exprefled in their1 refpe&iv% commiffions/ Ml judicial officers, duely appointed, cofaniiffioned and IwoiD^ ffiall hold their offices during good behavior, excepting fuch concerning, whom there is different provifien made in this Conflitution : ‘Provided ne~ verthelefs, the Governor, with content of the Coun- cil, may remove .them upon the addrefs of both Houfes of the Legiflature.

II. Each branch pf the Legiflature, as well as the Governor arid Council,. fhall have authority to require the opinions of the juft ices of the fuprejne judicial court, upon important queftjons of law, and upon folemn octpgfio ns>

III. In order that the people may not fuffer from the long continuance in placs of any Jufticc of the Peace, who' .(hall fail of diicharging the im-

. portent duties of his office with ability or fidelity, all cbmmiflions of Juftices of the Peace fhall expire and become void, in the term of feven years from their refpedive dates ; and upon the expiration of any commiflion, the fame may, if needikry, be re- newed, or another perfon appointed, as (hail moil conduce to the well-being of the Common- V/catlh,

IV. The Judges of Probate of Wills, and for granting letters of adminiftration, fhall hold their courts at fuch place or places, on fixed days, as the convenience of the people fhall require. And the

Legiflature

ments, the faid courts (hall be holden at the times and places which the refpeftive Judges fhali direct.

V. A tL caules of marriage divorce .and alimo- ny, and all appeals from the Judges of Probate fhali be heard and determined by the Governor and Council until the LegifUturc fhai!, by law, make other provifion.

CHAPTER IV. Delegates to Congrefs.

HE delegates of this Commonwealth to the

Congrefs of the United States, fhali, fome-

time in the month of June annually, be elefted by the joint ballot of the Senate and Houfe of Re- presentatives, affcmbled together in one room -7 to ierve in Congrefs for one year, to commence cn the firft Monday in November then next enfuing. They fhali have commillions under the hand of the Go- vernor, and the great feal of the Commonwealth $ but may be recalled at any time within the year, and others chofen and commiffioned, m the fame manner, in their fiead.

i

CHAPTER

[ 4i 1

chapter V.

The University at Cambridge, and En- couragement of Literature, &c.

S E G T I O N I.

The Univerfity.

Art.TT 7HEREAS our wife and pious ancefiors, I. VV fo early as the year one thoufand hundred and thirty-fix, kid the foundation of Har- vard-College, in which univerfity many perfons of great eminence have, by the bleffing of GOD, been initiated in thofe arts and fciences, which qualified them for public employments, both in Church and State : And whereas the encouragement of art* and fciences, and all good literature, tends to thai honor of GOD, the advantage of the chriftian re- ligion, and thp great benefit of this and the othe^ United States of America — It is declared. That the PRESIDENT and FELLOWS of HARVARD-; COLLEGE, in their corporate capacity, and theiq fucceflbrs in that capacity, their officers and fer—j vants, fliall have, hold, ufe, exercife and enjoy, all the powers, authorities, rights, liberties, privileges^ immunities and franchife?, which they now have, or arc entitled to have, hold, ufe, exercife and en- joy : And the fame are hereby ratified and confir- med unto them, the laid Prefident and Fellows of Harvard- College, and to their fucceflbrs, and to their officers and fervants, refpe&ivelyj forever.

F II. An»

• -jt __ .ac +/

[ 42 J

II. And whereas there have been at fundry* times, by divers perfons, gifts, grants, devifes of houfes, lands, tenements, goods, chatties, legacies and conveyances, heretofore made, either to Har- vard-College in Cambridge, in New-England, or to the Prefident and Fellows of Harvard- College, or to the faid College, by fome other defeription,. under fcveral charters fucceffivelv : IT IS DE- CLARED, That all the faid gifts, grants, devifes, legacies and conveyances, are hereby forever con- firmed unto the Prefident and Fellows of Harvard- College, and to their fuceeflors, im the capacity aforefaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devifor ©r devifors.

III. And whereas by an aft of the General Court

of the Colony of Mafiachufetts-Bay, paffed in the year one thoufand fix hundred and forty-two, the Governor and Deputy-Governor* for the time be- ing, and all the magiftrates of that jurifdiftion, were, with the Prefident* and a number of the clergy in the faid aft deferibed, confiitutcd the Overfeers of harvard- College : And it being neceflary, in this new Cohftitution of Government, to afeertain who fihall be deemed fucceflbrs to the faid Governor, Deputy-Governor and Magiflrates : IT IS DE- CLARED, That the Governor, Lieutenant-Go- vernor, Council and Senate of this Commonwealth, arc, and fihall be deemed, their fucceflbrs ; wh#, with the Prefident of Harvard-College, for the time being, together with the miniflers of the con- gregational churches in the towns of Cambridge, Watertown, Cfearleftown, Bofton, Roxbury, and < * — 1 Dorchefle^

[ 41 3

Dorchefter, mentioned in the faid fhall be, and hereby are, veiled with all the powers and autho- rity belonging, or in any way appertaining to the Overfeers of Harvard-College ; provided, that nothing herein fhall be conifrued to prevent the Legiflature of this Commonwealth from making fuch alterations in the government of the faid uni- verfity., as (hall be conducive to its advantage, and the iaterefl: of the republic of letters, in as full & manner as might have been done by the Legifla- ture of the late Province of the Maflachufetts-Bay,

CHAPTER V.

SECTION JL

The Encouragement of Literature, &c.

WISDOM, and knowledge, as well as virtue, diffufed generally among the body of th? people, being neceffary for the prefervation of thei* rights and liberties and as thefe depend on fpread- ing the opportunities and advantages of education in the various parrs of the country, and am®ng th$ different orders of the people, it flball be the duty of legiflators and magiftrates, in all fature periods of this Commonwealth, to cherifh the interefts of literature and the fciences, and all feminaries of them ; efpecially the univerfity at Cambridge, pub- lic fchools, and grammar fchools in the towns ; to encourage private focieties and public infrituti- ens, reward? and immunities, for the promotion of

E 2 agriculture.

C 44 1

agriculture, arts, fciences, commerce, trades, ma- nufactures, and a natural hiftory of the country,; to countenance and inculcate the principles of huma- nity and general benevolence, public and private charity, induftry and frugality, honefty and punctu- ality in their dealings ; fincerity, good humour, and all focial affedions, and generous fentiments among the people.

CHAPTER VI.

Oaths and Subfcriptions ; Incompatibili- ty of and Exclufion from Offices ; Pe- cuniary Qualifications ; Commiffions ; Writa ; Confirmation of Laws ; Ha- beas Corpus ; The Enabling Stile ; Continuance of Officers ; Provifion for a future Rcvifal of the Conflitution, &c.

Art, A NY perfon chofen Governor, Lieutenant- I. _f\ Governor, Counfellor, Senator, or Re- prefentativc, and accepting the truft, fhall, before he proceed to execute the duties of his place or of- fice, make and lubferibe the following declaration, viz. —

“ I, A. B. do declare, that I believe the ebriftian religion, and have a firm perfuafion of its truth ; and that I am feized and pofleffed,in my own right, of the property required by the Conflitution as one qualification for the office or place to which I am eiefted.;* ' M*

[ 15 ]

And the Governor, Lieutenant-Governor, and Counfellors, /hall make and fubferibe the laid de- claration, in the prefence of ?he two Houfes of Afi- fembiy j and the Senators and Representatives firft ele&ed under this Cotffiitutib^ before the Prefi- dentand five of the Council of the former Confti- tinion, and forever afterwards before the Governor and Council for the time being.

And every perfon chofen to either of the places > or offices aforefaid, as alfo any perfon appointed or commiffioned to any judicial, executive, military, or other office under the government, (hall, before he enters on the difeharge of the bufinefs of his place or office, take and fubferibe the following declaration, and oaths or affirmations, viz.—

“ I, A. B# do truly and fincerely acknowledge* profefs, teflify and declare, that the Commonwealth cf Maffachufetts is, and of right ought to be, a free, fovereign and independent State 3 and 1 do fwear, that I will bear true faith and allegiance to the faid Commonwealth, and that I will defend the r- fame againfl traiterous confpiracies and all hoflile attempts whatfoever : And that I do renounce and abjure all allegiance, lubjeftion and obedience the King, Queen or Government of Great-Britain, (as the cafe may be) and every other foreign power whatfoever : Arid that no foreign Prince, Perfon, Prelate, State or Potentate, hath, or ought to have,;

. any jurifditfion, fuperiority, pre-eminence, autho- rity, difpenfing or other power, in any matter, civil ecclefiaftical or fpiritual, within this Common- * wealth 3 except the authority and power which is or may be veiled by their Condiment! in the Con-

grefs

[ 4* ]

jgrefs ©f the United States : And I do further tefti- fy and declare, that no man or body^of men hath or can have any right to abfolve or difeharge me from the obligation of this oath, declaration or af- firmation ; and that I do make this acknowledge- ment, profeffion, teftimony, declaration, denial, renunciation and abjuration, heartily and truly, ac- cording to the common meaning and acceptation ef the foregoing words, without any equivocation, mental evafion, or fecret refer vation whatfoever*

So help me GOD.”

€< 1, A. B. do folcmnly fwear and affirm, that I will faithfully and impartially difeharge and per- form all the duties incumbent on me as 5

according to the beft of nay abilities and under- ftanding, agreeably to the rules and regulations of the Confiitution, and the laws of this Common- wealth.” “ So help me GOD.”

Pgovj ded always, that when any perfon chofen ©r appointed as aforefaid, (hall be of the denomi- nation of the people called Quakers, and ffiall de- cline taking the faid oaths, he fhall make his affir- mation in the foregoing form, and fubferibe the fame, omitting the words “ 1 do /wear,” “and abjure f “ oath or” “and abjuration ” in the firft eath ; and in the fecond oath, the words “ jw ear and-” and in each of them the words “ So kelp me G O D fubjoining inftead thereof, “ *lhii 1 do under the pains and penalties of perjury”

And the faid oaths or affirmations (hall be taken and (ubferibed by the Governor, Lieutenant-Go- vernor, and Counfellors, before the Prcfident cf the Senate, in the prcfcnceo/ the two Houfcs of

Atfsmbly *

C 47 I

Aflembly ; and by theSenators and ReprefentaliVts firft elefted under this Conflitution, before the Pre- fident and five of the Council of the former Con- ftitution j and forever afterwards before the Go- vernor and Council for the time being : And by the refidue of the officers aforefaid, before fuch per- fons and in fuch manner as from time totimefhalf be preferibed by the Legiflature.

II. No Governor, Lieutenant-Governor, or judge of the fupreme judicial court, fhall hold any other office or place, under the authority of this. Commonwealth, except fuch as by this Conftitution they are admitted to hold, faving that the Judges of the faid court may hold the offices of Juflices of the Peace through the State ; nor fhall they hold any other place or office, or receive any penfion or falary from any other State or Goverment or Power whatever.

No perfon fhall be capable of holding or cxer-’ cifingat the fame time, more than one of the fol- lowing offices within this State, viz. — Judge of r Probate — Sheriff — Regifter of Probate — or Remi-

tter of Deeds — and never more than any two oftV ces which are to be held by appointment of the Governor, or the Governor and Council, or the Se- nate, or the Houfe of Reprcfentatives, or by the eledion of the people of the State at large, ©r of the people of any county, military offices and the offices of Ju dices of the Peace excepted, fhall held by one perfon.

No perfon holding the office of Judge o£,th& fupreme judicial court — Secretary — Attorney-Ge.- ^ral—Solhcitor-General — Treafurer or R

eceiver-

[ 3

General — Judge of Probate — Commiffiry-Gcneral — Prefident, Profeffor, or Intruder of Harvard- College — Sheriff— Clerk of the Houfe of Reprc- fentatives — Regiffarof Probate — Regifter of Deeds —Clerk of the Supreme Judicial Court— Clerk of the Inferior Court of Common Pleas — ©r Officer of the Cuftoms, including in this defeription Na- val-Officers— (hall at the fame time have a feat in the Senate or Houfe of Representatives ; but their being chofen or appointed to,& accepring the fame, (hall operate as a refignation of their feat in the Se- nate or Houfe of Reprdentatives 5 and the place fo vacated (hall be filled up.

And the fame rule fhail take place in cafe any Judge ot th*faidSupremeJudicialCourt,orJudge of Probate, fhail accept a feat in Council ; or any Counfcllor fhail accept of either of thofe offices or places.

And no perfon fhail ever be admitted to hold a Jfea't in the Legiflature, or any office of truft or im- portance under the government of this Common- wealth, who fhail, in the due courfe of law, have been convided of bribery or corruption in obtain- ing an eledlion or appointment.

III. In all cafes where fums of money are men- tioned in thi$Conftitution,the value thereof fhail be computed in filveratfix fhillingsand eight pence per ounce : And it fhail be in the power of the Legifla- ture fwm time to time to increafc fuch qualifica- tions, as to property, of the perlons to be elected to offices, as the circum fiances of the Common* wjglth fljall require.

IV. Ala

[ 49 1

. « t i ■ ■

XV. All commiflions ffiall be in the name of the Commonwealth of Maflachufetts, figned by the Governor and attefted by the Secretary or his De- puty, and have the great leal of the Commonwealth affixed thereto.

V. All writs iffuingout of the clerk’s office in any of the courts of law, ffiall be in the name of the Commonwealth of Maffachafetts : They ffiall be under the fcal of the court from whence they iffue : They ffiall bear teft of the firft juflice of the court* to which they ffiall be returnable, who

* t is not a party, and be figned by the clerk of fuch

court.

VI. All the laws which have heretofore been adopted, ufed and approved in the Province, Colo- ny or State of MafTachufetts-Bay, and ufually prac- ticed on in the courts of law, ffiall dill remain and be in full force, until altered or repealed by the Le- ft giflature ; fuch parts only excepted as are repug- nant to the rights and liberties contained in this

* I Conftitution.

c t VII. The privilege and benefit of the writ of

* | habeas corpus ffiall be enjoyed in this Common-

wealth in the mod free, eafy, cheap, expcdi- i* tious and ample manner ; and ffiall not be fuf-

* pended by the Legiflature, except upon the mod

i urgent and preffing ccr.afions,and for a limited time

not exceeding twelve months.

VIII. The enadling flile, in making and paffing J all adts, ftatute* and laws, ffiall b§ — <c Be it enadted

» by the Senate and Iloufe of Reprelentatives in

General Court SiTumbled, and by the authority of the lame,’*

G IX. To

♦

IX. To the end there may be no failure of Ju& Hice or danger arife to the Commonwealth from a change of the Form of Government* — all officers, civil and military, holding commiffions under the government & people of Maffachufetts-Bay inNew England, and all other officers of the faid govern-* ment and people, at the time this Confutation fl^al t take effcdt, fball have, hold, ufe, cxercife and en- joy all the powers and authority to them granted or committed, until other per fans (hall be appointed in their dead : And all courts of law fhaii proceed in the execution of the bufinefs of their refpetlive departments ; and all the executive and legislative: officers, bodies and powers (hall continue in full force, in the enjoyment and exercife of all their trufts, employments and authority ; until the Ge- neral Couit and the fnpreme and executive officers under this Con flit ut ion are defignated and invefted with their refpe&ive trufts, powers and authority.

X. In order the mere effectually to adhere to the principles of the Conftitution, and to correct thole violations which by any means may he made therein, as well as to form iuch alterations as from experience ffiall be found neceffary— the General Court which fhali be in the year of our Lord one thou fand feven hundred, and ninety-five, (hall iflue precepts to the Selectmen of the feveral towns, and to the affiffors of the unincorporated planta- tions, directing them to convene the qualified vo- ters of their refpeflive towns and plantations fc? the purpofe of coUefting their ferrtiments on the neceflity or expediency of revifing^he CcnP. nation., in order to amendments.

' A; »

£ 51 ]

And if it fhall appear by the returns made, that, two thirds of the qualified voters throughout the State, who (hall affemble and vote in confe- quence of the faid precepts, are in favour of fuch revifion or amendment, the General Court fhall JfTue precepts, or dired them to be iffucd from the Secretary’s office to the feveral towns to eled de- legates to meet in Convention for the purpofs afore fa id.

The faid delegates to be cbofen in the fame man- ner and proportion as their Rcprefentativcs in the fecond branch of the Legiflature are by this Con- stitution to be chofen.

XI. This form of government fhall be enrolled on parchment and depofited in the Secretary’s of- fice, and be a part of the laws of the- land— and printed copies thereof fhall be prefixed to the book containing the laws of this Commonwealth, in all future editions of the faid laws.

JAMES BQWDOIN, Prefident.

At reft.

SAMUEL BARRETT, Secretary .

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CONVENTION.

March 2, 1780.

J3 & S O LV E D, That this Convention be %£\m. adjourned to the firft Wednefday in June next, to meet at Boftoa ; and that Eighteen hundred Copies of the Form of Government which (hall be agreed upon be printed; and, includ- ing fucli as {hall be ordered to each Member of the Convention, he fent to the Selectmen of each Town and the Committees of each Plantation, under she direction of a Committee to be appointed for the purpofe : And that they be requeued as

fbon as may be to lay them before the Inhabitants of their rcfpe&ive Towns and Plantations, And if the major part of the Inhabitants of thefaid Towns and Plantations difapprove of any particular Part of the fame, that they be defiled to Rate their Ob- jections diftincily and the lleafons therefor : And the Selectmen and Committees aforefaid are defiFed to tranfmit the fame to the Secretary of the Covcntion on the firft W.?dnefday in June, or if may be, on the laft Wednefday in May, in order to his laving the fame before a Committee to be appointed for the purpofe of examining and ar- ranging them for the rtvifion and confederation of the Convention at the Adjournment ; with the Humber of Voters in the faid Town and Plantati- on Meetings, on each fide of every Queftion ; in — ; „ order

[ 53 3

©r4er that the faidConvention,at the Adjournment may colled the general fenfe of their Conftituents on the fcveral Parts of the propofed Conftitution : And if there doth not appear to be two thirds of their Conftituents in favour thereof, that the Con- vention may alter it in fuch a manner as that it may be agreeable ro theSentiments of two thirds o£ theVoters throughout the State.

Refohedy That it be recommended to the Inha- bitants of the fevera! Towns and Plantations in this State, to empower their Delegates at the next Seftlon of this Convention, to agree upon a Time ivhen this Form of Government fhali take Place, \vithout returning the fame again to the People : Provided that two thirds of the Male Inhabitants of the Age of twenty one years and upwards, vot- ing in the fcveral Town and Plantation Meetings Hull agree to the fame, or the Convention fhali con- form it to the Sentiments of two thirds of the Peo- ple as aforefaid.

Refolved , That the Towns and Plantations thro* this State have a Right to chooie other Delegates, inftead of the prefent Members, to meet in Convention on the firft Wednefday in June next, if they fee fit.

A true Copy, Atteft.

SAMUEL BAR RSTT, Secretary.