O F AI AR PUBLISHED IN CONFORMITY TO A RESOLVE OF THE LEGISLATURE OF APRIL 26, 1853. BY THE SECRETARY OF THE COMMONWEALTH. WHITE AND POTTER, PRINTERS TO THIE STATE, 4 SPRING LANE. 1853 Resolve to provide for distributing Copies of the present Constitution throughout the Commonwealth. Resolved, That the secretary of the commonwealth be authorized and directed, as soon as practicable, to cause to be printed an edition of the constitution of the commonwealth of Massachusetts, in cheap I amphlet form, of the same number as that published annually of the laws and resolves passed at each session of the legislature, and to be apportioned and sent, in the same proportion and the same manner as the laws and resolves, to the several city and town clerks; with such instructions for the distribution of the same in the respective cities and towns throughout the commonwealth, as he may find to be expedient in order to secure prompt delivery thereof. Approved, April 26, 1853. CONSTITUTION OR FORM OF GOVERNMENT FOR THE Commonwanltil of tla,5arldupdt t. PREAMBLE ART. 10. Right of protection and duty of contribution correlative. - Taxation Objects of Government. -Body politic, how formed. founded on consent. - Private proper-Its nature. ty not to be taken for public uses without, &c. 11. Remedies, by recourse to the law, to be free, complete, and prompt. 12. Prosecutions regulated. - Right to trial PART THE FIRST. by jury in criminal cases, except, &c. 13. Crimes to be proved in the vicinity. ABT. 1. Equality and natural rights of all men. 14. Right of search and seizure regulated. 2. Rignt and duty of public religious wor- 15. Right to trial by jury sacred, except, &c. ship. -Protection therein. 16. Liberty of the press. 3. Legislature empowered to compel provis- 17. Right to keep and bear arms. - Standing ion for public worship; and to enjoin armies dangerous. - Military power attendance thereon. - Exclusive right subordinate to civil. of electing religious teachers secured. 18. Moral qualifications for office. - Moral - Option, as to whom parochial taxes obligations of lawgivers and magismay be paid, unless, &c. - All denom- trates. inations equally protected. - Subordi- 19. Right of people to instruct representanation of one sect to another prohib- tives and petition legislature. ited. 20. Power to suspend the laws, or their exe4. Right of self-government secured: cution.- When and by whom exer6. Accountability of all officers, &c. cised. 6. Services rendered to the public being the 21. Freedom of debate, &c., and reason only title to peculiar privileges, heredi- thereof. tary offices are absurd and unnatural. 22. Frequent sessions, and objects thereof. 7. Objects of government; right of people 23. Taxation founded on consent. to institute and change it. 24. Ex post facto laws prohibited. 8. Right of people to secure rotation in office. 25. Legislature not to convict of treason, &c. 9. All, having the qualifications prescribed, 26. Excessive bail or fines, and cruel punishequally eligible to office. ments, prohibited. (3) 4 CONSTITUTION OF MASSACHUSETTS. ART. 27. No soldier to be quartered in any house, SECTION 3. unless, &c. 28. Citizens exempt from law martial, un- ART. 1. Representation of the people. less, &c. 2. Representatives, bywhom chosen. —Pro29. Judges of Supreme Judicial Court. - viso as to towns having less than one Tenure of their office.- Salaries. hundred and fifty ratable polls. — 30. Separation of executive, judicial, and Towns liable to fine, in case, &c. - legislative departments. Expense of travelling to and from the General Court, how paid. 3. Qualifications of a representative. 4. Qualifications of a voter. PART THE SEACOND. 5. Representatives, when chosen. 6. House alone can impeach. CHAPTER I. 7. Rouse to originate all money bills. 8. Not to adjourn more than two days. SECTION 1. 9. Quorum..r~~~ ~ 10. House to judge of retrans, &c., of its ART. 1. Legislative department.'2.n o ~ 2. -mn A^ownal members; to choose its officers 2. Governor's veto. -Bill may be passed and establish its rules, &c. - May punby two thirds of each house, notwith-.,. P l stand,g. ish for certian offences. -Privileges standing. of members. 3. General Court may constitute judicato- of m nbCrs. 11. Governor and Council may punish. — ties, courts of record, &ec. —Courts, ries, courts of rccord, &c. -Courts, General limitations. - Trial may be by &c., may administer oaths. i., ma a, itr oahs committee, or otherwise. 4. General Court may enact laws, &c., not repugnant to the constitution; may provide for the election or appointment of officers; prescribe their du- HAPTER II. ties; impose taxes; duties and excises, to be disposed of for defence,T 1. protection, &c. - Valuation of estates, once in ten years, at least, AT. 1 Governor.His title. while &c. n2. To be chosen annually. - Qualifications. wlhile, &c. 3. To be chosen by the people, by a major SECTION 2. vote.- How chosen, when no person has a majority. ART. 1. Senate, number of, and by whom elect- 4. Power of governor, and of governor and ed. - Counties to be districts un- Council. til, &c. 5. Same subject. 2. Manner and time of choosing senators 6. Governor and Council may adjourn Genand counsellors.- Word inhabit- eral Court, in cases, &c., but not exant," defined. - Selectmen to preside ceeding ninety days. at town meetings. - Return of votes. 7. Governor to be commander-in-chief. - - Inhabitants of unincorporated Limitation. plantations, who pay state taxes, may 8. Governor and Council may pardon ofvote. - Plantation meetings. - As- fences, except, &c. - But not before sessors to notify, &c. conviction. 3. Governor and council to examine and 9. All judicial officers, &c., how nominated count votes and issue summonses. and appointed. 4. Senate to be final judges of elections, 10. Militia officers, how elected. - How com&c., of its own members. — Vacan- missioned.- Major generals, how apcies, how filled. pointed and commissioned. - Vacan5. Qualifications of a senator. cies, how filled, in case, &c. - Officers, 6. Senate not to adjourn more than two duly commissioned, how removed.days. Adjutants, &c., how appointed.- Or7. Shall choose its officers and establish ganization of militia. its rules. 11. Money, how drawn from the treasury, 8. Shall try all impeachments. - Oaths. - except, &c. Limitation of sentence 12. All public boards, &c., to make quarterly 9. Quorum, returns. CONSTITUTION OF MASSACHUSETT S 5 ART. 13. Salary of governor. - Salaries of jus- ART. 2. All gifts, grants, &c., confirmed. tices of Supreme Judicial Court. - 3. Whlo shall be overseers. - Power of alP.taries to be enlarged, if insufficient. teration reserved to the legislature. SECTION 2. SECTION 2. ART. 1. Lieutenant governor, his title and quail- Duty of legislators and magistrates in all future fications. — Iow chosen, periods. 2. President of Council.- Lieutenant governor a member of, except, &c. CHAPTER VI. 3. Lieutenant governor to be acting gov-. 1. Oths, ernor, in case, &c. ernor, in case, &C. 2. Plurality of offices prohibited to govSECTION 3. ernor, &c., except, &c. —Incompatible offices. - Bribery, &c., operate ART. 1. Council. disqualifications. 2. Number; from whom and how chosen. 3. Value of money ascertained. - Proper— If senators become counsellors, ty qualifications may be increased. their seats to be vacated. 4. Provisions respecting commissions. 3. Rank of counsellors. 5. Provisions respecting writs. 4. No district to have more than two. 6. Continuation of former laws, except, &c. 5. Register of Council. 7. Benefit of habeas corpus secured, ex6. Council to exercise the power of gov- cept, &c. ernor, in case, &c. 8. The enacting style. 7. Elections may be adjourned, until, &c. 9. Officers of former government continued -- Order thereof. until, &c. 10. Provision for revising constitution. SECTION 4. 11. Provision for preserving and publishing this constitution. ART.. 1. Secretary, &c., by whom and how this constittion. chosen. - Treasurer, ineligible for _&lIS.g.NED3{ENTS. more than five successive years. 2. Secretary to keep records, to attend the ART. 1. Bill, &c., not appoved within five days, governor and Council, &c. not to become a law, if legislature adjourn in the mean time. CHAPTER III. 2. General Court empowered to charter cities.- Proviso. ART. 1. Tenure of all commissioned officers to cities. Proviso be expressed.. - Jdcilo3. Qualifications of voters for governor, be expressed.-Judicial officers to lieutenant governor, senators, and rephold office during good behavior, ex- e resentatives. cept, &c.- But maybe removed on resentatives cept, c. - u may be e 4. Notaries public, how appointed and readdress. ~ -. ~ - -address,.moved. - Vacancies in the office of 2. Justices of Supreme Judicial Court to, h, give.. opinionswhenrequire. secretary and treasurer, how filled, in give opinions, when required. give opinions, when required. case, &c.- Commissary general may 3. Justices of the peace; tenure of their e., y c - a office. be appointed, in case, &c.-Militia office. officers, how removed. 4. Provisions for holding probate courts. o fficer, how removed. r —--- -~- 5. Who may vote for captains and subal5. Provisions for determining causes of terns. marriage, divorce, &c, 6. Oath to be taken by all officers; or affirmation, in case, &c. C-HAPTER IV. 7. Tests abolished. Delegates to Congress. 8. Incompatibility of offices. Delegates to Congress. 9. Amendments to constitution, how made. 10. Commencement of political year, and ~CHAPTER T~V~~. ~termination. - Meetings for choice of SECTION 1. governor, lieutenant governor, &c., when to be held. - May be adjourned. ART. 1. Harvard College. —Powers, privileges, -Article, when to go into operation. &c., of the president and fellows, con- - Inconsistent provisions annulled, firmed. 11. Religious freedom established. CONSTITUTION. PREAMBLE. Objects of gcv- THE end of the institution, maintenance, an- administration cn.ment. of government is to secure the existence of iie body politic; to protect it; and to furnish the individuals who compose it with the power of enjoying, in safety and tranquillity, their natural rights and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness. Body politic, THE body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people It nature. covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good., It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them. WE, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe in affording us, in the course of his providence, an opportunity, deliberately and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government for ourselves and posterity; and devoutly imploring his direction in so interesting a design, do agree upon, ordain, and establish the following Declaration of Rights, and Frame of Government, as the CONSTITUTION of the COMMONWEALTH of MASSACHUSETTS. CONSTITUTION OF MASSACHUSETTS. I PART THE FIRST. A: Declration of the Rights of the Inhabitants of the Common. wealth of Massachusetts. ART. I. ALL men are born free and equal, and have certain Equality and natural lights of natural, essential, and unalienable rights; among which may all men. be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. II. IT is the right as well as the duty of all men in society, Right and duty of public relipublicly, and at stated seasons, to worship the SUPREME gions worship. BEING, the great Creator and Preserver of the universe. And thereion. no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping GOD in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. III. As the happiness of a people, and the good order and See amendpreservation of civil government, essentially depend upon piety, ments, t. X religion, and morality; and as these cannot be generally diffused through a community but by the institution of the public worship of GOD, and of public instructions in piety, religion, and morality: Therefore, to promote their happiness, and to Legislature emsecure the good order and preservation of their government, poeprveison for the people of this commonwealth have a right to invest their public worship; legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of GOD, and for the support and maintenance of public Protestant teachers of piety, religion, and morality, in all cases where such provision shall not be made voluntarily. AND the people of this commonwealth have also a right to, and to enjoin attendance thereand do, invest their legislature with authority to enjoin upon on. See amendall the subjects an attendance upon the instructions of the met, Art. XL 8 GCONSTITUTION OF MASSACHUSETTS. public teachers aforesaid, at stated times and seasons, if there be any on whose instructions they can conscientiously and conveniently attend. Exclusive right PROVIDED notwithstanding, that the several towns, parishes, of electing religious teachers precincts, and other bodies politic, or religious societies, shall, secured. at all times, have the exclusive right of electing their public teachers, and of contracting with them for their support and maintenance. Option as to h AND all moneys, paid by the subject to the support of public whom parochial taxes may be worship, and of the public teachers aforesaid, shall, if he paid, unless, &c. require it, be uniformly applied to the support of the public teacher or teachers of his own religious sect or denomination, provided there be any on whose instructions he attends: see amend- otherwise it may be paid towards the support of the teacher or ments, Art. XI. teachers of the parish or precinct in which the said moneys are raised. All denomina- AND every denomination of Christians, demeaning themtions equally pro- n n tected. selves peaceably, and as good subjects of the commonwealth, shall be equally under the protection of the law; and no subSubordination of one sect to ordination of any one sect or denominaiton to another shall aother prohib- ever be established by lawo Right of self- IV. THE people of this commonwealth have the sole and government secured. exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled. Aountabiiity V. ALL power residing originally in the people, and being of all officers, &c. b derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. Services ren- VI. No man, nor corporation, or association of men, have dered to the publie being the any other title to obtain advantages, or particular and excluonly title to pe- prvlee, culiar iveprivil peges, l distinct from those of the community, than what hereditary ofices arises from the consideration of services rendered to the are absurd and unnatural. public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man being born a magistrate, lawgiver, or judge, is absurd and unnatural. CONSTITUTION OF MASSACHUSETTS. 9 VII. GOVERNMENT is instituted for the common good; for objects of government; rigt the protection, safety, prosperity, and happiness of the people; of people to institute and and not for the profit, honor, or private interest of any one change it. man, family, or class of men: Therefore the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it. VIII. IN order to prevent those who are vested with Right of people to secure rotaauthority from becoming oppressors, the people have a right, tion in office. at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments. IX. ALL elections ought to be free; and all the inhabitants All, havng the qualifications of this commonwealth, having such qualifications as they shall prescribed, establish by their frame of government, have an equal right to equally eligible elect officers, and to be elected, for public employments. X. EACa individual of the society has a right to be pro- Right of protection and duty of tected by it in the enjoyment of his life, liberty, and property, contribution according to standing laws. He is obliged, consequently, to correlative. contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any individual can, with justice, be Taxation foudtaken from him or applied to public uses without his own consent, or that of the representative body of the people. In fine, the people of this commonwealth are not controlable by Private property any other laws than those to which their constitutional repre- not to be taken for public uses sentative body have given their consent. And whenever the without, &c. public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. XI. EVERY subject of the commonwealth ought to find a Remedies, byrecourse to the law, certain remedy, by having recourse to the laws, for all'injuries to be free, corn or wrongs which he may receive in his person, property, or plete, and prompt. character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws. 2 10 CONSTITUTION OF MASSACHUSETTS. Prosecutions XII. No subject shall be held to answer for any crimes or regulated. offence until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidence against himself; and every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election: and no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. Right to trial by AND the legislature shall not make any law that shall subject jury, in criminal ases, except, &c. any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury. Crimes to be XIII. IN criminal prosecutions, the verification of facts, in proved in the vicinity. the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen. Right of search XIV. EVERY subject has a right to be secure from all unand seizure regulated. reg asonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued but in cases, and with the formalities, prescribed by the laws. Right to trial by XV. IN all controversies concerning property, and in all jury sacred, except, &c. suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it. Liberty ot the XVI. THE liberty of the press is essential to the security press. of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. CONSTITUTION OF MASSACHUSETTS. 11 XVII. THE people have a right to keep and to bear arms Right to keep and bear arms. for the common defence; and, as in time of peace, armies are standing armies dangerous to liberty, they ought not to be maintained without dangerous Milthe consent of the legislature; and the military power shall ordinate to civil. always be held in an exact subordination to the civil authority, and be governed by it. XVIII. A FREQUENT recurrence to the fundamental princi- Moral qualificaples of the constitution, and a constant adherence to those of tions for oce. piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, Moral obligain the choice of their officers and representatives; and they tions of lawgivhave a right to require of their lawgivers and magistrates an trates. exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth. XIX. THE people have a right, in an orderly and peaceable Right of people 0~*n~~~~. -iT n rto instruct repmanner, to assemble to consult upon the common good, give resentatives and instructions to their representatives, and to request of the turn legislalegislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer. XX. THE power of suspending the laws, or the execution Power to susof the laws, ought never to be exercised but by the legislature, ped thxec tion. or by authority derived frlom it, to be exercised in such particular cases only as the legislature shall expressly provide for. XXI. THE freedom of deliberation, speech, and debate, in Freedom of deeither house of the legislature, is so essential to the rights of reason tereof.and the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. XXII. THE legislature ought frequently to assemble for the Frequent sessions, and obredress of grievances, for correcting, strengthening, and con- jects thereof. firming the laws, and for making new laws, as the common good may require. XXIII. No subsidy, charge, tax, impost, or duties ought to Taxationsfound., ~~~~~~~~~~d on consent. 1:2 CONSTITUTION OF MASSACHUSETTS. be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representa~ tives in the legislature. Ex post facto XXIV. LAws made to punish for actions done before the laws p. existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government. Legislature not" XXV. No subject ought, in any case, or in any time, to be to convict of treason, &c. declared guilty of treason or felony by the legislature. Excessive bail or XXVI. No magistrate or court of law shall demand excesfines, ahd cruel. punishments, sive bail or sureties, impose excessive fines, or inflct cruel or prohibited. unusual punishments. No soldier to be XXVII. IN time of peace, no soldier ought to be quartered quartered in any house, unless, in any house without the consent of the owner; and in time a&c' of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. Citizens exempt XXVIII. No person can in any. case be subjected to law from law-martial, unless, &c. martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. Judges of Su- XXIX. IT is essential to the preservation of the rights of preme Judicial aurt. every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and independent as the lot of humanity will admit. It is, therefore, not only the best policy, Tenuro of their but for the security of the rights of the people, and of every office. citizen, that the judges of the Supreme Judicial Court should hold their offices as long as they behave themselves well, and that they should have honorable salaries ascertained and estabSalaries. lished by standing laws. Separation of ex- XXiX. IN the government of this commonwealth, the legisecutive, judicial, ared legislative lative department shall never exercise the executive and judidepartments. cial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the CONSTITUTION OF MASSACHUSETTS. 18 judicial shall never exercise the legislative and executive powers, or either of them to the end it may be a government of laws, and not of men. PART THE SECOND. The Frame of Government. THE people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic or state, by the name of THE COMMONWEALTH OF MASSACHUSETTS. CHAPTER I. THE LEGISLATIVE POWER. SECTION I. The General Court. ART. I. THE department of legislation shall be formed by Legislative two branches, a Senate and House of Representatives; each department. of which shall have a negative on the other. THE legislative body shall assemble every year, on the last See amendWednesday in May, and at such other times as they shall judge m'ents, Art.. necessary; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May; and shall be styled THE GENERAL COURT OF MASSACHUSETTS. II. No bill or resolve of the Senate or House of Representa- Governor's veto. tives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if" he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the Senate or House of Representatives, in whichsoever the same shall 14 CONSTITUTION OF MASSACHUSETTS. have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconBill may be passed by two sider the said bill or resolve: but if, after such reconsideration, thirds ofeach two thirds of the said Senate or House of Representatives house, notwith- Snt Rp ntav standing. shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two thirds of the members present, shall have the force of a law: but in all'such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth. See amend- AND, in order to prevent unnecessary delays, if any bill or ments, Art. I. resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. General Court III. THE General Court shall forever have full power and may constitute judicatories, authority to erect and constitute judicatories and courts of courts of record, ecord, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same; whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and making out of execution thereupon: to which courts and judicatories are hereby given and granted full power and authority, from time Courts,&esmay to time, to administer oaths or affirmations, for the better disoaths. covery of truth in any matter in controversy, or depending before them. General Court IV. AND further, full power and authority are hereby given may enact laws, &c.,'and granted to the said General Court, from. time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, either with -penalties or without, so as the same not repugnant to the constitution; be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the sub CONSTITUTION OF MASSACHUSETTS. 15 jects of the same, and for the necessary support and defence may provide for of the government thereof; and to name and settle annually, the election or or provide by fixed laws for the naming and settling, all civil aoffictment of officers within the said commonwealth, the election and constitution of whom are not hereafter in this form of government otherwise provided for; and to set forth the several duties, precribetheir duties; powers, and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and to impose and impose taxes; levy proportional and reasonable assessments, rates, and taxes upon all the inhabitants of, and persons resident, and estates lying, within the said commonwealth; and also to impose and duties and exlevy reasonable duties and excises upon any produce, goods, cises; wares, merchandise, and commodities whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the-time being, with the advice and to be disposed of consent of the Council, for the public service, in the necessary tection, &c. defence and support of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. AND while the public charges of government, or any part Valuation of estates once in ten thereof, shall be assessed on polls and estates, in the manner years, at least, that has hitherto been practised, in order that such assessments while, &c. may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the General Court shall order. CHAPTER I. SECTION II. Senate. ART. I. THERE shall be annually elected, by the freeholders Senate, number of, and by whom and other inhabitants of this commonwealth, qualified as in elected. m this constitution is provided, forty persons to be counsellors 16 CONSTITUTION OF'MASSACHUSETTS. and senators, for the year ensuing their election; to be chosen by the inhabitants of the districts, into which the commonwealth may from time to time be divided by the General Court for that purpose: and the General Court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the commonwealth the limits of each district, and the number of counsellors and senators to be chosen therein; provided, that the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators. CouD e several conties to be N e erl n in this commonwealth shall, until districts until, &c. ui the G6neral Court shall determine it necessary to alter the said districts, be districts for the choice of counsellors and senators, (except that the counties of Dukes county and Nantucket shall form one district for that purpose,) and shall elect the following number for counsellors and senators, viz.: - Suffolk..six. York.... two. Essex... six. Dukes county and Middlesex..i. fi Nantucke. one Hampshire..... four. Worcester..... five. Plymouth.... three. Cumberland.....o ne. Barnstable.... one. Lincoln o... one. Bristol.. O.. three. Berkshire.... two. Manner and time I. THE Senate shall be the first branch of the legislature; of choosing senators and coun- and the senators shall be chosen in the following manner, viz.: sellors. there shall be a meeting on the first Monday in April annually, See amendments, Art. forever, of the inhabitants of each town in the several counties II and X. of this commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and counsellors; and at such meetings every male See amend- ml ments, Art. III. inhabitant of twenty-one years of age and upwards, having a freehold estate, within the commonwealth, of the annual in., come of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant," Word "inhabitant" defined. in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation, where he dwelleth, or hath his home. CONSTITUTION OF MASSACHUSETTS. 17 THE selectmen of the several towns shall preside at such Selectmen t, presiale tt tow-n meetings impartially, and shall receive the votes of all the mitings. inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, who shall make a fair record, in presence of the selectmen, and in open town meeting, Returnl of votes. of the name of every person voted for, and of the number of votes against his name; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscription expressing the purport of the contents thereof, and delivered by the town clerk of such towns to the sheriff of the county in which such town lies, See aluiell1'ments. Art. 11. thirty days at least before the last Wednesday in May annu- and x. ally; or it shall be delivered into the secretary's office seventeen days at least before the said last Wednesday in May; and the sheriff of each county shall deliver all such certificates, by him received, into the secretary's office, seventeen days before the said last Wednesday in May. AND the inhabitants of plantations unincorporated, qualified Ilhabit.lmtse of unincorporated as this constitution provides, who are or shall be empowered pltantations, and required to assess taxes upon themselves toward the sup- tlaxe, m oLy vlte. port of government, shall have the same privilege of voting for counsellors and senators, in the plantations where they reside, as town inhabitants have in their respective towns; and tile plantation meetings for that purpose shall be held annually PlattIlio on the same first Monday in April, at such place in the planta- See amendtions respectively as the assessors thereof shall direct; which mnt Art. X. assessors shall have like authority for notifying the electors, Assessos 1t collecting and returning the votes, as the selectmen and town notify, &c clerks have in their several towns, by this constitution. And all other persons living in places unincorporated, (qualified as aforesaid,) who shall be assessed to the support of government, by the assessors of an adjacent town, shall have the privilege of giving in their votes for counsellors and senators, in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly. III. AND that there may be a due convention of senators Governor and Council to examon the last Wednesday in May annually, the governor, with ie and count five of the Council, for the time being, shall, as soon as may votes, and issue sumbe, ea e the returned copies of sch reconss. be, examine the returned copies of such records; and fourteen 3 18 CONSTITUTION OF MASSACHUSETTS. See amend- days before the said day, he shall issue his summons to such ments, Art persons as shall appear to be chosen by a majority of voters, to attend on that day, and take their seats accordingly: provided, nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the Council of the former constitution of government; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid. Senate to be IV. THE Senate shall be the final judge of the elections, final judge of returns, and qualifications of their own members, as pointed of their own out in the constitution; and shall, on the said last Wednesday members. See amend- in Iay annually, determine and declare who are elected by ments, Art. X. each district to be senators, by a majority of votes: and in case there shall not appear to be the full number of senators returned, elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz.: The Vacancies, how members of the House of Representatives, and such senators filled. as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and, out of these, shall elect by ballot a number of senators sufficient to fill up the vacancies in such district; and in this manner all such vacancies shall be filled up in every district of the commonwealth; and in like manner all vacancies in the Senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies shall happen. Qualifications V. PROVIDED, nevertheless, that no person shall be capable of a senator. of being elected as a senator, who is not seized in his own right of a freehold, within this commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and who has not been an inhabitant of this commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen. Senate not to VI. THE Senate shall have power to adjourn themselves, tadjntwonm provided such adjournments do not exceed two days at a time. than two days. Prov ay CONSTITUTION OF MASSACHUSETTS. 1.9 VII. TEE Senate shall choose its own president, appoint its Shall chloose its office,1rs, and esown officers, and determine its own rules of proceeding. tablisl its rules VIII. THE Senate shall be a court, with fall authority, to shall try all hear and determine all impeachments made by the House of iimpeachients. Representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices: Oath. but, previous to the trial of every impeachment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honor, trust, or profit, under this commonwealth: Limitation of but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land. IX. NOT less than sixteen members of the Senate shall Quorum. constitute a quorum for doing business. CHAPTER I. SECTION IIL House of Representatives. ART. I. THERE shall be, in the legislature of this common- Representation wealth, a representation of the people, annually elected, and of the people. founded upon the principle of equality. II. AND in order to provide for a representation of the Representatives, citizens of this commonwealth, founded upon the principle of by whom chosen equality, every corporate town, containing one hundred and fifty ratable polls, may elect one representative; every corporate town, containing three hundred and seventy-five ratable polls, may elect two representatives; every corporate town, containing six hundred ratable polls, may elect three representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasiin number for every additional representative. 20 CONSTITUTION OF MASSACHUSETTS. roiso as ing PROVIDED, nevertheless, that each town now incorporated, towns having less than 150 not having one hundred and fifty ratable polls, may elect one ratable polls. representative; but no place shall hereafter be incorporated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls. Towns liable to AND the House of Representatives shall have power, from fine in case, &c. time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution..xpense of trav- THE expenses -of travelling to the general assembly, and e.ling to and from the General returning home, once in every session, and no more, shall be ourt, how pi. paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can in the judgment of the house, and does not depart without leave. Qualifications of III. EVERY member of the House of Representatives shall a representative. be chosen by written votes; and, for one year at least next pieceding his election, shall have been an inhabitant of, and have been seized in his own right of, a freehold of the value of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid. Qualifications of IV. EVERY male person, being twenty-one years of age, and a voter. resident in any particular town in this commonwealth for the See amend- space of one year next preceding, having a freehold estate, ments,Art. I. within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative or representatives for the said town. Representatives, V. THE members of the House of Representatives shall be when chosen. See amendment, chosen annually in the month of May, ten days at least before Art. X. the last Wednesday of that month. House alone can VI. THE House of Representatives shall be the grand inimpeach. quest of this commonwealth; and all impeachments made by them shall be heard and tried by the Senate. House to origi- VII. ALL money bills shall originate in the House of Repnate all money bills. resentatives; but the Senate may propose or concur with amendments, as on other bills. CONSTITUTION OF MASSACHUSETTS. 21 VIII., THE House of Representatives shall have power to Not to adjourn more than two adjourn themselves, provided such adjournment shall not days. exceed two days at a time. IX. NOT less than sixty members of the House of Repre- Quorum. sentatives shall constitute a quorum for doing business. X. THE House of Representatives shall be judge of thle Iouse to judge of returns, &c. of returns, elections, and qualifications of its own members, as its own members;, To choose its ofpointed out in the constitution; shall choose their own speaknr, ficer andl esttabappoint their own officers, and settle the rules and orders of lyh its rules, rh& proceeding in their own house. They shall have authority to certain oifences. punish by imprisonment every person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavio in its presence; or who, in the town where the General ( ourt is sitting, and during the time of its sitting, shall threaten harm -to the body or estate of any of its members, for any thing said or done in the House; or who shill assault any of them therefor; or who shall assault, or arrest, any witness, or other person ordered to attend the House, in his way in going or returning; or who shall rescue any person arrested by the order of the house. AND no member of the House of Representatives shall be Privileges of arrested, or held to bail on mean process, during his going un.,o, returning from, or his attending, the general assembly. XI. THE Senate shall have the same powers in the like Governor and council may cases; and the governor and Council shall have the same punish. authority to punish in like cases: provided, that no imprisononment, on the warrant or order of the governor, Council, GenerallimitaSenate, or House of Representatives, for either of the above tion. described offences, be for a term exceeding thirty days. AND the Senate and House of Representatives may try, and Trial may be by committee, or determine, all cases where their rights and privileges are con- otherwise. cerned, and which, by the constitution, they have authority to try and determine, by committees of their own mem rers, or in such other way as they may respectively think best. 22 CONSTITUTION OP MASSACHUSETTS. CHAPTER II. EXECUTIVE POWER. SECTION I. Goverwor. Governor ART. I. THERE shall be a supreme executive magistrate, is title. who shall be styled-THE GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS; and whose title shall be-HIS EXCELLENCY. To be chosen an- II. TEE governor shall be chosen annually; and no person Quaifications. shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this commonwealth for seven years next preceding; and unless he shall, at the same time, be seized, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds; and ments, Art.. unless he shall declare himself to be of the Christian religion. By whom cho- III. THOSE persons who shall be qualified to vote for sen, if he have a majority of senators and representatives, within the several towns of this votes. commonwealth, shall, at a meeting to be called for that purSee, II on the first Mondy of April annually, give in their votes ments, Art. II.pose, on M y l and X. for a governor, to the selectmen, who shall preside at such meetings; and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the last Wednesday in May; and the sheriff shall transmit the same to the secretary's office seventeen days at least before the said last Wednesday in May; or the selectmen may cause returns of the same to be made to the office of the secretary of the commonwealth seventeen days at least before the said dayv and the secretary shall lay the same before the Senate and the House of Representatives, on the last Wednesday in May, to be by them examined; and in case of an election by - CONSTITUTION OF MASSACHUSETTS. 23 majority of all the votes returned, the choice shall be by them declared and published; but if no person shall have a majority How chosen, when no person of votes, the House of Representatives shall, by ballot, elect has a majority. two out of four persons, who had the highest number of votes, if so many shall have been voted for; but, if otherwise, out of the number voted for; and make return to the Senate of the two persons so elected; on which the Senate shall proceed, by ballot, to elect one, who shall be declared governor. IV. THE governor shall have authority, from time to time, Power of governorand of governat his discretion, to assemble and call together the counsellors or and Council. of this commonwealth for the time being; and the governor, with the said counsellors, or five of them at least, shall, and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land. V. THE governor, with advice of Council, shall have full Same subject. power and authority, during the session of the General Court, to adjourn or prorogue the same to any time the two houses shall desire; and to dissolve the same on the day next preceding the last Wednesday in May; and, in the recess of the saidee amendcourt, to prorogue the same from time to time, not exceeding ments, Art. X. ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same; and in case of any infectious distemper prevailing in the place where the said court is next at any time to convene, or any other cause happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other the most convenient place within the state. AND the governor shall dissolve the said General Court on See amendments, Art. X. the day next preceding the last Wednesday in May. VI. IN cases of disagreement between the two houses, with Governor and n,,1., T, * P T i Council may adregard to the necessity, expediency, or time of adjournment, or jor Generald prorogation, the governor, with advice of the Council, shall court in ases, &c., but not exhave a right to adjourn or prorogue the General Court, not ceeding 90 days exceeding ninety days, as he shall determine the public good shall require. Governor to oe VII. THE governor of this commonwealth, for the time commander-in chief. 24 CONSTITUTION OF MIASSACHUSETTS. being, shall be the commander-in-chief of the army and navy, and of all the military forces of the state, by sea and land; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and conquer, by all ftting ways, enterprises, and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exercise, over'he army and navy, and over the militia in actual service, the law martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occasion shall necessarily require; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be intrusted with all these and other powers, incident to the offices of captain general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise. Limitation. 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, 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. Governor and VIII. THE power of pardoning offences, except such as Council may pardon offences, ex- persons may be convicted of before the Senate, by an imcept, &c. peachment of the House, shall be in the governor, by and But not before with the advice of Council; but no charter of pardon, granted conviction. by the governor, with advice of the Council, before conviction, CONSTITUTION OF MASSACHUSETTS. ~5 shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. IX. ALL judicial officers, the attorney general, the solicitor All judicial offiIX. ALL judic ~ 1_al officers, ~ cers, &c., how general, all sheriffs, coroners, and registers of probate, shall nominated and be nominated and appointed by the governor, by and with the apointed. advice and consent of the Council; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment. X. THE captains and subalterns of the militia shall be Militiaofficers, elected by the written votes of the train band and alarm list See amendof their respective companies, of twenty-one years of age and ments, Art. V upwards; the field officers of regiments shall be elected, by the written votes of the captains and subalterns of their respective regiments; the brigadiers shall be elected, in like manner, by the field officers of their respective brigades; and How commissuch officers, so elected, shall be commissioned by the governor, Sioned who shall determine their rank. THE legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected. THE major generals shall be appointed by the Senate and Major generals, how appointed House of Representatives, each having a negative upon the andcommisother; and be commissioned by the governor. AND if the electors of brigadiers, field officers, captains or Vacancies, hov subalterns, shall neglect or refuse to make such elections, after led, in case being duly notified, according to the laws for the time being, then the governor, with advice of Council, shall appoint suitable persons to fill such offices. AND no officer, duly commissioned to command in the militia, Officers, duly shall be removed from his office, but by the address of both how removnel. houses to the governor, or by fair trial in court martial, See aTmedments, Art. L~. pursuant to the laws of the commonwealth for the time being. THE commanding officers of regiments shall appoint their Adjutants, &c. adjutants and quarter masters; the brigadiers their brigade howappoin0t1. majors; and the major generals their aids; and the governor shall appoint the adjutant general. THE governor, with advice of Council, shall appoint all offi cers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint,-as also all officers of forts and garrisons. 4 26 CONSTITUTION OF MASSACHUSETTS. Organizationi of THE divisions of the militia into brigades, regiments, and militia. companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law. Money, how XI. No moneys shall be issued out of the treasury of this drawn from the treasury, except, commonwealth and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the Council, for the necessary defence and support of the commmonwealth, and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. Allpublic XII. ALL public boards, the commissary general, all superboards, &c. to make quarterly intending officers of public magazines and stores, belonging to returns. this commonwealth, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively; distinguishing the quantity, number, quality, and kind of each, as particularly as may be; together with the condition of such forts and garrisons; and the said commanding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent. AND the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively. Salary of gov- XIII. As the public good requires that the governor should ernor. not be under the undue influence of any of the members of the General Court, by a dependence on them for his supportthat he should, in all cases, act with freedom for the benefit of the public- that he should not have his attention necessarily diverted from that object to his private concerns -and that he should maintain the dignity of the commonwealth in the character of its chief magistrate — it is necessary that he should CONSTITUTION OF MASSACHUSETTS. 27 have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws: and it shall be among the first acts of the General Court, after the commencement of this constitution, to establish such salary by law accordingly. PERMANENT and honorable salaries shall also be established Salaries of justices of Supreme by law for the justices of the Supreme Judicial Court. Judicial Court. AND if it shall be found, that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time, be ifinsuflenlarged, as the General Court shall judge proper. cient. CHAPTER II. SECTION II. Lieutenant Governor. ART. I. THERE shall be annually elected a lieutenant Lieutenant governor; his title governor of the commonwealth of Massachusetts, whose title and qualifica shall be-HIS HONOR; and who shall be qualified, in point tions. of religion, property, and residence in the commonwealth, in See amendthe same manner with the governor; and the day and manner meltsArt.n II of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The How chosen. return of the votes for this officer, and the declaration of his election, shall be in the same manner; and if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the Senate and House of Representatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor. II. THE governor, and in his absence the lieutenant gov- President of ernor, shall be president of the Council, but shall have no vote ouncil. in Council; and the lieutenant governor shall always be a Lte gernofr xmember of the Council, except when the chair of the governor cept, &c. shall be vacant. III. WHENEVER the chair of the governor shall be vacant, Lieutenant governor to be actby reason of his death, or absence from the commonwealth, or ing governor, in otherwise, tho lieutenant governor, for the time being, shall, case, &c 28 CONSTITUTION OF MASSACHUSETTS. during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities which, by this constitution, the governor is vested with, when personally present. CHAPTER II. SECTION III. Council, and the Manner of settling Elections by the Legislature. Council. - r- ART. I. THERE shall be a Council for advising the governor in the executive part of the government, to consist of nine persons besides the lieutenant governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together; and the governor, with the said counsellors, or five of them at least. shall and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the commonwealth. according to the laws of the land. Number; from II. NINE counsellors shall be annually chosen from among whom and how,hosen. the persons returned for counsellors and senators, on the last See tmend- Wednesday in May, by the joint ballot of the senators and ments, Art. X. representatives assembled in one room; and in case there shall not be found, upon the first choice, the whole number of nine persons who will accept a seat in the Council, the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of senators left, shall constiIf senatorsbe- tute the Senate for the year. The seats of the persons thus come counsel- elected from the Senate, and accepting the trust, shall be valors their seats to be vacated. cated in the Senate. Rank of counsel- III, THE counsellors, in the civil arrangements of the comlors..monwealth, shall have rank next after the lieutenant governor. No district to IV. NOT more than two counsellors shall be chosen out of have more than two. any one district of this commonwealth., ttegister of Councilr. V. THE resolutionS and advice of the Council shall be re CONSTITUTION OF MASSACHUSETTS. 29 c'orded in a register, and signed by the members present; and this record may be called for at any time by either house of the legislature; and any member of the Council may insert his opinion contrary to the resolution of the majority. VI. WHENEVER the office of the governor and lieutenant Council to exercise the power governor shall be vacant, by reason of death, absence, or oth- of governor, in erwise, then the Council, or the major part of them, shall, dur- case, &. ing such vacancy, have full power and authority to do, and execute, all and every such acts, matters, and things, as the governor or the lieutenant governor might or could, by virtue of this constitution, do or execute, if they, or either of them, were personally present. VII. AND whereas the elections appointed to be made by Elections may be adjourned, until, this constitution, on the last Wednesday in May annually, by adond un the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same shall be completed. And the order of elections Order thereof. shall be as follows: the vacancies in the Senate, if any, shall first be filled up; the governor and lieutenant governor shall then be elected, provided there should be no choice of themn by the people; and afterwards the two houses shall proceed to the election of the Council. CHAPTER II. SECTION IV. Secretary, Treasurer, Commissary, g c. ART. I. THE secretary, treasurer and receiver general, and Secretary, &c.; by whom and the commissary general, notaries public, and naval officers, how chosen. shall be chosen annually by joint ballot of the senators and See ienndrepresentatives in one room; and, that the citizens of this commonwealth may be assured, from time to time, that the moneys remaining in the public treasury, upon the settlement; easr, and liquidation of the public accounts, are their property, no igible for more. tan five sucman shall be eligible as treasurer and receiver general more cessive years. than five years successively. 80 CONSTITUTION OF MASSACHUSETTS. Secretary to II. THE records of the commonwealth shall be kept in the keep records, to attend the office of the secretary, who may appoint his deputies, for whose governor and Council, &c. conduct he shall be accountable, and he shall attend the governor and Council, the Senate and House of Representatives, in person, or by his deputies, as they shall respectively require. CHAPTER III. JUDICIARY POWER. Tenure of all ART. I. THE tenure, that all commission officers shall by commissioned officers to be law have in their offices, shall be expressed in their respective Jexpressed. commissions. All judicial officers, duly appointed, commisJudicial officers to hold office sioned, and sworn, shall hold their offices during good behravig, xept, havior, excepting such concerning whom there is different &Bt provision made in this constitution; provided, nevertheless, But may be removed on ad- the governor, with consent of the Council, may remove them dress. dress upon the address of both houses of the legislature. Justices of Sn- II. EACH branch of the legislature, as well as the governor preme Judicial Court to give and Council, shall have authority to require the opinions of the opinions when justices of the Supreme Judicial Court, upofl important questions of law, and upon solemn occasions. Justices of the III. IN order that the people may not suffer from the long ofetheir oeicre continuance in place of any justice of the peace, who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void in the term of seven years from their respective dates; and, upon the expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the commonwealth. Provisions for IV. THE judges of probate of wills, and for granting letholding Probate Courts. ters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time hereafter, appoint such times and places; until which appointments, the CONSTITUTION OF MASSACHUSETTS. 31 said courts shall be holden at the times and places which the respective judges shall direct. V. ALL causes of marriage, divorce, and alimony, and all provisions for appeals from the judges of probate, shall be heard and deter- cuses of -iarmined by the governor and Council, until the legislature shall, icage, divorce, by law, make other provision. C HAPTER IV. DELEGATES TO CONGRESS. THE delegates of this commonwealth to the Congress of the Delegates to Congress. United States shall, some time in the month of June, annually, be elected by the joint ballot of the Senate and House of Representatives, assembled together in one room; to serve in Congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the commonwealth, but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead. CHAPTER V. THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, &C. SECTION I. The University. ART. I. WHEREAS our wise and pious ancestors, so early as Harvard the year one thousand six hundred and thirty-six, laid the College. foundation of Harvard College, in which university many persons of great eminence have, by the blessing of GOD, been 32 CONSTITUTION OF MASSACHUSETTS. initiated in those arts and sciences which qualified them for public employments, both in church and state; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of GOD, the advantage of the Christian religion, and the great benefit of this and the other United States of America, - it is declared, that the PRESIDENT AND Powers, p&.iv FELLOWS OF HARVARD COLLEGE, in their corporate nieges, &c., of the president capacity, and their successors in that capacity, their officers and fellows confirmed. and servants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to have, hold, use, exercise, and enjoy; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. II. AND whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies, and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college ba y some other description, under several charters successively &c., confirmed. it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby forever confirmed unto the president and fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent alid meaning of the donor or donors, grantor or grantors, devisor or devisors. II. AND whereas by an act of the General Court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, the governor and deputy governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy in the Who shall be said act described, constituted the overseers of Harvard Coloverseers. lege; and it being necessary, in this new constitution of government, Lo ascertain who shall be deemed successors to the said governor, deputy governor, and magistrates; it is declared, that the governor, lieutenant governor,' Council, and Senate of this commonwealth are, and shall be deemed, their successors; who, with the president of Harvard College, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, CONSTITUTION OF MASSACHUSETTS. 33 Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining, to the overseers of Harvard College; provided, that nothing herein Power of alteration reserved to shall be construed to prevent the legislature of this common- the legislature. wealth from making such alterations in the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late province of the Massachusetts Bay. CHAPTER V. SECTION I. The Encouragement of Literature, 4-c. WISDoM and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders Duty of legislatures and magisof the people, it shall be the duty of legislatures and magis- trates in allfutrates, in all future periods of this commonwealth, to cherish ture periods. the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools, and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country, to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people. 5 34 CONSTrTUTION OF MASSACHUSETTS. CHlAPTER VI. OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLUSION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIISSIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVISION FOR A FUTURE REVISAL OF THE CONSTITUTION, &C. ART. I. ANY person chosen governor, lieutenant governor, counsellor, senator, or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz.:See amend- "I, A.B., do declare, that I believe the Christian religion, ments, Art. VII. and have a firm persuasion of its truth; and that I am seized and possessed, in my own right, of the property required by the constitution as one qualification for the office or place to which I am elected." AND the governor, lieutenant governor, and counsellors, shall make and subscribe the said declaration, in the presence of the two houses of assembly; and the senators and repre-sentatives, first elected under this constitution, before the president and five of the Council of the former constitution, and forever afterwards, before the governor and Council for the time being. AND every person, chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to any judicial, executive, military, or other office under the government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the following declaration, and oaths or affirmations, viz. - See amendment, "I, A. B., do truly and sincerely acknowledge, profess, testify, Art.I. and declare, that the commonwealth of Massachusetts is, and of right ought to be, a free, sovereign, and independent state; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever; and that I do renounce and abjure all allegiance, subjection, and obedience to the king, queen, or government of Great Britain, (as the case may be,) and every other foreign power whatsoever; and that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, superiority, preeminence, authority, dispensing or other power, in CONSTITUTION OF MASSACHUSETTS. 35 any matter, civil, ecclesiastical or spiritual, within this commonwealth; except the authority and power which is or may be vested by their constituents in the Congress of the United States; and I do further testify and declare, that no man, or body of men, hath, or can have, any right to absolve or discharge me from the obligation of this oath, declaration, or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation, and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me GOD." "I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as, according to the best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and the laws of the commonwealth. So help me GoD." PROVIDED always, that when any person, chosen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words "I do swear," "and aljure," "oath or," "and abjuration," in the first oath; and in the second oath, the words " swear and," and in each of them the words " So help me GOD;" subjoining instead thereof, " This I do under the pains and penalties of perjury." AND the said oaths or affirmations shall be taken and subscribed by the governor, lieutenant governor, and counsellors, before the president of the Senate, in the presence of the two houses of assembly; and by the senators and representatives first elected under this constitution, before the president and five of the Council of the former constitution; and forever afterwards before the governor and Council for the time being; and by the residue of the officers aforesaid, before such persons, and in such manner, as from time to time shall be prescribed by the legislature. II. No governor, lieutenant governor, or judge of the Plurality of ofI ces prohibited I Supreme Judicial Court, shall hold any other office or place, governor, &c., under the authority of this commonwealth, except such as by except, &c. this constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justices of the 36 CONSTITUTION OF MASSACHUSETTS. peace through the state; nor shall they hold any other place or office, or receive any pension or salary from any other state, or government, or power whatever. {ame subject. No person shall be capable of holding or exercising at the same time, within this state, more than one of the following offices, viz.: judge of probate - sheriff- register of probateor register of deeds; and never more than any two offices, which are to be held by appointment of the governor, or the governor and Council, or the Senate, or the House of Representatives, or by the election of the people of the state at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person. Incompatible No person holding the office of judge of the Supreme Judicial offices. Court - secretary - attorney general - solicitor general - See amend- treasurer or receiver general —judge of probate - commismens, Art. sary general-president, professor, or instructor of Harvard College - sheriff - clerk of the House of Representatives - register of probate - register of deeds -clerk of the Supreme Judicial Court- clerk of the inferior Court of Common Pleas - or officer of the customs, including in this description naval officers - shall at the same time have a seat in the Senate or House of Representatives; but their being chosen or appointed to and accepting the same shall operate as a resignation of their seat in the Senate or House of Representatives; and the place so vacated shall be filled up. Same subject. AND the same rule shall take place in case any judge of the said Supreme Judicial Court, or judge of probate, shall accept a seat in Council; or any counsellor shall accept of either of those offices or places. Bribery, &c., AND no person shall ever be admitted to hold a seat in the ouapeates ni legislature, or'any office of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtaining an election or appointment. Value of money III. IN all cases, where sums of money are mentioned in ascertae this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce; and it shall be in Property qual- the power of the legislature, from time to time, to increase ifications may be increased. such qualifications, as to property, of the persons to be elected to offices, as the circumstances of the commonwealth shall require. CONSTITUTION OF MASSACHUSETTS. 87 IVe ALL commissions shall be in the name of the common- Provisions wealth of Massachusetts, signed by the governor, and attested cmissions. by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto. V. ALL writs, issuing out of the clerk's office in any of the provisions re courts of law, shall be in the name of the commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue; they shall bear test of the first justice of the court to which they shall be returnable, who is not a party, and be signed by the clerk of such court. VI. ALL the laws, which have heretofore been adopted, Continuation of former laws, used, and approved, in the province, colony, or state of Mas- except, &c. sachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to' the rights and liberties contained in this constitution. VII. THE privilege and benefit of the writ of habeas corpus Benefitof habeas shall be enjoyed in this commonwealth, in the most free, easy, copUst, &cured, cheap, expeditious, and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. VIII. THE enacting style, in making and passing all acts, The enacting statutes, and laws, shall be, "Be it enacted by the Senate and style. House of Representatives, in General Court assembled, and by the authority of the same." IX. To the end there may be no failure of justice, or dan- Officersofformer ger, arise to the commonwealth, from a change of the form of verndment il,&c government, all officers, civil and military, holding commissions under the government and people of Massachusetts Bay, in New England, and all other officers of the said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise, and enjoy all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed n the execution of the business of their respective departments; and all the executive and legislative officers, bodies, and powers shall continue in full force, in the enjoyment and 38 CONSTITUTION OF MASSACHUSETTS. exercise of all their trusts, employments, and authority, until the General Court, and the supreme and executive officers under this constitution, are designated, and invested with their respective trusts, powers, and authority. Provision for re- X. IN order the more effectually to adhere to the principles tion. of the constitution, and to correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the General Court, which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments. Same subject. AND if it shall appear, by the returns made, that two thirds of the qualified voters throughout the state, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the General Court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention, for the purpose aforesaid. THE said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen. Provision for XI. THIS form of government shall be enrolled on parchpreserving and pubishingthis ment, and deposited in the secretary's office, and be a part of constitution. the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws. ARTICLES OF AMENDMENT. Bill, &c., not ap- ART. 1. IF any bill or resolve shall be objected to, and proved within five days, not to not approved by the governor, and if the General Court shall tbecoe alaw,-if adjourn within five days after the same shall have been laid Jeoun imthe before the governor, for his approbation, and thereby prevent rmean time..' CONSTITUTION OF MASSACHUSETTS. 39 his returning it, with his objections, as provided by the constitution, such bill or resolve shall not become a law, nor have force as such. ART. 2. TEE General Court shall have full power and au- General Court empowered to thority to erect and constitute municipal or city governments, charter cities. in any corporate town or towns in this commonwealth, and to grant to the inhabitants thereof suqh powers, privileges, and immunities, not repugnant to the constitution, as the General Court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings: provided, that no such government shall be erected or consti- Proviso. tuted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application, of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose: and provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times,,to be annulled by the General Court. ART. 3. EVERY male citizen of twenty-one years of age and Qualifications of upwards, (excepting paupers and persons under guardianship,) vOers for govert who shall have resided within the commonwealth one year, governor, seators, and. repreand within the town or district, in which he may claim a right sentatives. 11 to vote, six calendar months next preceding any election of Pick.38. gbvernor, lieutenant governor, senators, or representatives, and. who shall have paid, by himself or his parent, master, or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this commonwealth; and also every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of governor, lieutenant governor, senators, and representatives; and no other person shall be entitled to vote in such elections. ART. 4. NOTARIES public shall be appointed by the gov- Notaries public, ernor, in the same manner as judicial officers are appointed, h andreoited and shall hold their offices during seven years, unless sooner 40 CONSTITUTION OF MASSACHUSETTS, removed by the governor, with the consent of the Council, upon the address of both houses of the legislature. Vacancies in the IN case the office of secretary or treasurer of the commonoffice of secretary and treasurer, wealth shall become vacant from any cause, during the recess how filled, in case, &f.e of f the General Court, the governor, with the advice and consent of the Council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the General Court. Commissarygen- WHENEVER the exigencies of the commonwealth shall require eral may be appointed, in case, the appointment of a commissary general, he shall be nomi&c. nated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe. Militia officers, ALL officers commissioned to command in the militia, may how removedi. be removed from office in such manner as the legislature may, by law, prescribe. Who may vote ART. 5. IN the elections of captains and subalterns of the for captains and subalterns. militia, all the members of their respective companies, as well those under, as those above the age of twenty-one years, shall have a right to vote. Oath to be taken ART. 6. INSTEAD of the oath of allegiance prescribed by the yal ofcers; constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter on the duties of his office, to wit:"I, A. B., do solemnly swear, that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the constitution thereof. So help me God." or affirmation in Provided, That when any person shall be of the denomination case,&c called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word "swear," and inserting, instead thereof, the word " affirm," and omitting the words " So help me God," and subjoining, instead thereof, the words "This I do under the pains and penalties of perjury." Tests abolished. ART. 7. NO oath, declaration, or subscription, excepting the oath prescribed in the preceding article, and the oath of office. shall be required of the'governor, lieutenant governor, counsellors, senators, or representatives, to qualify them to perform, the duties of their respective offices. CONSTITUTION OF MASSACHUSETTS. 41 ART. 8. No judge of any court of this commonwealth, (ex- Incompatibility cept the Court of Sessions,) and no person holding any office of ofces. under the authority of the United States, (postmasters excepted,) shali, at the same time, hold the office of governor, lieutenant governor, or counsellor, or have a seat in the Senate or House of Representatives of this commonwealth; and no judge of any court in this commonwealth, (except the Court of Sessions,) nor the attorney general, solicitor general, county attorney, clerk of any court, sheriff, treasurer and receiver general, register of-probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance or such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the Courts of Common Pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and militia offices excepted. ART. 9. IF, at any time hereafter, any specific and particu- Amendments to lar amendment or amendments to the constitution be proposed honstituien in the General Court, and agreed to by a majority of the senators and two thirds of the members of the House of Representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published; and if in the General Court next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two thirds of the members of the House of Representatives present and voting thereon, then it shall be the duty of the General Court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority.of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth. ART. 10. THE political year shall begin on the first Wednes- Commenre.mnt day of January, instead of the last Wednesday of MIay, and tlie of politic'l yea Goeneral Court slall assemlble every year on the said first Wedtrnesday of January, and shall proceed, at that session, to niake all the elections, and do all the otlier acts, lwhich are by the constitution required to be made and done at the session * 1}~~~ 4 2 CONSTITUTION OF MASSACHUSETTS. which has heretofore commenced on the last Wednesday of May. And the General Court shall be dissolved on the day and termination. next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the General Court from assembling' at such other times as they shall judge necessary, or when called together by the governor. The governor, lieutenant governor, and counsellors shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead. Meetings for THE meeting for the choice of governor, lieutenant governor, choice of gov- senators, and representatives shall be held on the second Moneruor, lieutenant governor, &c., day of November in every year; but meetings may be adwhen to be held. journed, if necessary, for the choice of representatives, to the jry be ad- next day, and again to the next succeeding day, but no further. jouxned. zD But in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November. ALL the other provisions of the constitution, respecting the elections and proceedings of the members of the General Court, or of any other officers or persons whatever, that have reference to the last Wednesday of {May as the commencement of the political year, shall be so far altered as to have like reference to the first Wednesday of January. Article, when to THIS article shall go into operation on the first day of Octogo into opera- ber, next following the day when the same shall be duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant governor, counsellors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieutenant governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force and go into operation, pursuant to the foregoing provision. inconsistent pro- ALL the provisions of the existing constitution, inconsistent Vln an- with the provisions herein contained, are hereby wholly annulled. CONSTITUTION OF MASSACHUSETTS. 43 ART. 11. Instead of the third article of the bill of rights, the Religious freefollowing modification and amendment thereof is substituted:- eslshed. As the public worship of God, and instructions in piety, religion, and morality, promote the happiness and prosperity of la people,. and the security of a republican government, therefore the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses: And all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract-which may be thereafter made or entered into by such society: And all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law. ART. 12. In order to provide for a representation of the Representatives. how apportioned. citizens of this commonwealth, founded upon the principles of equality, a census of the ratable polls in each city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the secretary's office, in such manner as the legislature shall provide within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter in the month of May, in manner aforesaid; and each town or city having three hundred ratable polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more. ANY town having less than three hundred ratable polls shall Towns having less than 30)O be represented thus: The whole number of ratable polls, at the ratable polls, last preceding decennial census of polls, shall be multiplied by how represented ten, and the product divided by three hundred, and such town may elect one representative as many years within ten years as three hundred is contained in the product aforesaid. ANY city or town having ratable polls enough to elect one or 44 CONSTITUTION OF MASSACHUSETTS. Fractions, now more representatives, with any number of polls beyond the represented reresee necessary number, may be represented, as to that surplus nulmber, by multiplying such surplus number by ten, and dividing the product by four hundred and fifty; and such city or town may elect one additional representative as many years within the ten years, as four hundred and fifty is contained in the product aforesaid. Towns may unite ANY two or more of the several towns and districts may, by into representative districts. consent of a majority of the legal voters present at a legal meeting in each of said towns and districts respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for the election of a representative or representatives; and such district shall have all the rights in regard to representation, which would belong to a town containing the same number of ratable polls. Governor and THE governor and Council shall ascertain and determine, Counil to de-i within the months of July and August, in the year of our Lord termine once in" every ten years one thousand eight hundred and thirty-seven, according to the the number of representatives foregoing principles, the number of representatives which each to which each town is entitled. city,. town, and representative district is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town, and representative district may elect an additional representative; and where any town has not a sufficient number of polls to elect a representative each New apportion- year, then how many years within the ten years such town may ment to be made once in every ten elect a representative; and the same shall be done once in ten years. years thereafter, by the governor and Council, and the number of ratable polls in each decennial census of polls shall determine the number of representatives which each city, town, and representative district may elect as aforesaid; and when the number of representatives to be elected by each city, town, or representative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years. Inconsistentpro- ALL the provisions of the existing constitution inconsistent visions repealed. with the provisions herein contained, are hereby wholly annulled. Senators and ART. 13. A census of the inhabitants of each city and town, representatives, how apportioned. on the first day of May, shall be taken, and returned into the CONSTITUTION OF MASSACHUSETTS. 45 secrctary's office, on or lbefore the last day of June of the year one tlousland eight hund-"d alln forty, and of every tenth year thereafter, which. census silall determine the apportionmnent of senators and representatives for the termi of ten years. THE several senatorial districts now existing shall be per- Senatorial manent. The Senate shall consist of forty memlers; and in districts. the year one thousand eight hundred and forty, and every tenth year tlereafter, the governor and Council shall assign the number of senattrs to be chosen in each district, according to the number of inhbbitalnts in tle same. But, in all cases, at least one senator shall be assigned to each district. THE members of the House of Representatives shall be ap- House of Representatives, how portioned in the following manner: Every towl or city con- apportioned. taining twelve hundred inhalitants may elect one represenltative; and two thousand four hundred inhabitants shall be the mean increasing number which shall entitle it to an additional representative. EVERY town containing less than twelve hundred inhabitants Small towns, hLow represented. shall be entitled to elect a representative as many times, with- in ten years, as the number one hundred and sixty is contaized in the number of the inhabitants of said town. Suchl towns may also elect one representative for the year in which the valuation of estates within t',.e commonwealth shall be settled. ANY two or more of the several towns mnay, by consent of a Towns mayunite majority of the legal voters present at a legal meeting, in each ti^e district^a of said towns respectively, called for tlat purpose, and hleld before the first day of August, in the year one tlousand eight hundred and forty, and every tenth year thereafter, form themselves into a representative district, to continue for the term of ten years; and such district shall have all the rights, in regard to representatio, which would belong to a town containing the same number of inhabitants. THE number of inhabitants which shall entitle a town to Basis of repre elect one representative, and the mean increasing number sentation. which shall entitle a town or city to elect more than one, and also the number by which the population of towns, not entitled to a representative every year, is to be divided, shall be increased respectively by one tenth of thle numbers above mentioned, whenever the population of the commonwealth slhall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of one tenth shall be made respectively to the said numbers above mentioned. 46 CONSTITUTION OF MASSACHUSETTS. Governor and IN the year of each decennial census, the governor and CounCouncil to apportio the num- cil shall, before the first day of September, apportion the numttie f tereisen- ber of representatives, which each city, town, and representatown, once in tive district is entitled to; elect, and ascertain how many years, within ten years, any town may elect a representative, which is not entitled to elect one every year, and the governor shall cause the same to be published forthwith. Counsellors to NINE counsellors shall be annually choren from among the be hose'fro t people at large, on the first Wednesday of January, or as soon large. thereafter as may be, by the joint ballot of the senators and representatives, assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the Council, by death, resignation, or otherwise. No person Qualifications of counsellors. shall be elected a counsellor who has not been an inhabitant of this commonwealth for the term of five years immediately preceding his election; and not more than one counsellor shall be chosen from any one senatorial district in the commonwealth. Freehold estate No possession of a freehold, or of any other estate, shall be dispensed with.' required as a qualification for holding a seat in either branch of the General Court, or in the executive Council. [NOTE.- The constitution of Massachusetts was agreed upon by delegates of the people, in convention, begun and held at Cambridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to be adopted by them, provided two thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the convention accordingly resolved, " that the said constitution or frame of government shall take place on the last Wednesday of October next; and not before, for any purpose, save only for that of making elections, agreeable to this resolution." The first legislature assembled at Boston, on the twenty-fifth day of October, 1780. The first nine articles of amendment were submitted, by delegates in convention assembled November 15, 1820, to the people, and by them approved and adopted, April 9, 1821. The tenth article of amendment was adopted by the legislatures of the political years 1829-30, and 1830-31, and was approved and ratified by the people, May 11, 1831. The eleventh articleof amendment was adopted by the legislatures of the political years 1832 and 1833, and was approved and ratified by the people, November 11, 1833. The twelfth article of amendment was adopted by the legislatures of the political years 1835 and 1836, and was approved and ratified by the people, November 14, 1836. The thirteenth article of amendment was adopted by the legislatures of the political years 1839 and 1840, and was approved and ratfited by the people, April 6, 1840.] n5:s~mtih1r fl ~I9/ ~a~8itiaT", tufaIona, ME, o Dsl Mw -k:.f'J'RI.k) Ti'Y THK CONVE'NTION OF- DELEGATES, _AXSl' Bli.B LD A.T.;,(;'ST0, ON THfE IRBST WEDNESDAY OF MAY, A. D. 1853. AVT)'nbmittO to ta e to'fle far tjimr $atfifatkt AbDRESS TO THE PEOPLE OF MASSACHUSEMfiS. BOSTON: PUJ'BLISHIED BY ORDER OF THE CONVENT'ION WiITE & POTTER, STATE PRINTERS. 1853. NOTE. Amendments adopted by the ConVention, which stand as separate articles or paragraphs, are printed in solid form, and enclosed in brackets, to distinguish them from. existing provisions of the Constitution. Where an amendment has been made, by adding words to an article or paragraph in the existing Constitution, the amendment is printed in italics. omrimniofln ai sitj ti tajnanetrt mt. in the Year One Thousand Eight Hundred and Fifty-Three. RESOLVES. In the Convention of the delegates of the people assembled in Boston, on the first Wednesday of May, in the year one thousand eight hundred and fifty-three, for the purpose of revising and amending the Constitution of this Commonwealth. lResolved, That the revised Constitution, proposed by said Conrvention. be submitted to the people of the Commonwealth for their ratificationl and adoption in the manner following, viz.:I. The Preamble. A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. The Frame of Government, with its Preamble and Chapters numbered One, Two, Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, and Fourteen, entitled, respectively, General CGurt: Senate: House of Representatives: Governor: Lieutenant-Governor: Council: Secretary, Treasurer, AttorneyGeneral, Auditor, District Attorney, and County Officers: Judiciary Power QOualifications of Voters and Elections: Oaths iv E SOLVES. and Subscriptions: Militia: The University at Cambridge, The School Fund and the Encouragement of Literature: Miscellaneous Provisions: Revisions and Amendments of the Constitution,-as a distinct propositions, numbered " One.' If this proposition, so submitted, shall be ratified and adopted by a majority of the legal voters of thte Comnmonwealth,, present and voting thereon, at meetings duly called, then the same shall be the Con stitution of the (,o rmonwealth of ~Massachisetts. II. The provision respecti ng the granting of the writ of' Habeas Corpus,'as a proposition, numbered i' Two." If this proposition be ratified and adopted, it shall be an addition to the provision respecting the Habeas Corpus. IIl.'he p.rovision respecting the rights of juries in criminal trials, as a pr-,: osition, numbered " Three." If this proposition be ratified and adopted, it shall. be an addition,o the article in. the Declaration of Rights, respecting the rights of persons charged with crimes. IV. The provision respecting claims against the Commonwealth, as a proposition, numtbbered " Four."' If this proposition be ratified and adopted, it shall be an addition to Article XI.: of the Declaratiot of Rights. V. The provision respecting itsprisonmentl for debt, as a proposition, numbered' Five." If this proposition be adopted, it shall be an addition to the Article in the Declaration of Rights respecting excessive bail and fines. VI. The provision resf:petig sectaian schools, as a pro| - sition, numbered "Six." If this proposition be ratified and adopted, it shall'be an addition to Article IV. of Chapter XII., entitled, "The University at Cambridge, The School Fund, at-d T he Encot,;ragement of Literature." If propopilrt:iont numbered "1 One " shall RESOLVES, v not be adopted, the proposition numbered Si.x' shall be added as an amendment to the Constitution. VII. The provision respecting Corporations, as a proposition, numbered " Seven." VIII. Tihe provision respecting Banks and Banking, as a proposition, numbered " Eight." If the propositions numbered " Seven' and "'Eight " be ratified and confirmed, they shall be added as separate articles, or if either of them be ratified and confirmed, as an article in Chapter XIII., entitled, " Miscellaneous Provisions.." If proposition numbered "L One"- be not ratified and confirmed, they shall be added as amendments to the Constifition. Resolved, That at the meetings for the election of Governor, Senators and Representatives to the General Court, to be holden on the second Monday of November, in the year one thousand eight hundred and fifty-three, the qualified voters of the several towns and cities shall vote by ballot upon each of the propositions aforesaid, for or against the same, which ballots shall be inclosed within sealed envelopes, according to the provisions of an Act of this Commonwealth, passed on the twenty-second day of May, in the year eighteen hundred and fifty-one, and ant Act passed the twentieth day of May, in the year eighteen hundred and fifty-two, and no ballots not so i.closed - shall be received. And said votes shall be received, sorted., c.o'nit;ed, declared, and recorded, in open. meetiug, in the same imanner as is by law provided. in reference to votes for governor, and a true copy of the record of said votes, attested by the selectmen and town clerk of each of the several towns, and the mayor and aldermen and city clerk of each of the several cities, shall be sealed up by said selectmen and mayor and aldermen, and directed to the secretary of the Commronwealth, with a superscription expressing the purport of the contents thereof, and delivered to the sheriff of the county within fifteen days after said meetings, to be by him transmitted to the secretary's office, on or before the third Monday of December next; or, the said selectrmen: and mayor vi RESOLVES. and aldermen shall themselves transmit the same to the secretary's office, oin or before the (lay last aforesaid. Resolved, That the Secretary shall deliver said copies, so transmitted to him, to a Committee of this Convention, consisting of the President of tie Convention, and twenty other members, to bo, by him designated, who shall assemble at the State House, on the third Monday of December next, and open the samne, and examine and count the votes so returned; and if it shall appear tlat either of said propositions has been adopted by a majority of votes, then the proposition so adopted shall become and be, either the whole or a portion of the Constitution of this Comnmonwealth, as hereinbefore provided, and the said Commnittee shhll promulgate the results of said votes upon each of said propositions, by causing the same to be published in those newspapers in which the laws are now published; and shall also no)tify the Governor and Legislature, as soon as may be, of the said results; and the Governor shall forthwith make public proclamation of the fact of the adoption of either or all of said propositions, as the whole or as parts of the Constitution of this Commonwealth. Rtesolved, Th'l]at each of said propositions shall. be considered as a whole by- itself, to be adopted in the whole, or rejected in the whole. And every voter shall vote on each proposition by its approjriate niumber, indicating upon his ballot the subject of tle prol)osition, and expressing in writing or printing opposite to eacl proposition tihe word YES or NO; but the propositions slall all be written or printed on one ballot in substance as follows: CONSTITJTIONAL PROPOSITIONS. Shall Proposition NUMBER ONE, containing the Preamble, Declaralion of.Rights ancd Frame of Government, stand as the Aonstitution of the Commonwealth of Massachusetts? Yes or No. Shall Proposition NUMBER Two, respecting the Habeas Corpus, stand as part of the Constitution? Yes or No. RESOLVES. vii Shall Proposition NUMBER THREE, respecting tile Rights of Juries, stand as part of the Constitution?. Yes or No. Shall Proposition NUMBER FOUR, respecting ('laiims against the Commonwealth, stand as part of the Constitution? Yes orNo. Shall Proposition NuMBER FIVE, respecting Imlprisonment bor Debt, stand as part of the Constitution?. Yes or No. Shall Proposition NUMBER S.x, respecting Se(ctirian Schools, stand as part of the Constitution?. Yes or No. Shall Proposition NUMaBER SEVEN, respecting he Creation of Cororations, stand as part of the Constitution? Yes or No. Shall Proposition NUMBER EIGIT, respecting thev Formation of Banks, and requiring Securityjbr Bank Bills, stand as part of -the Constitution?.. Yes or No. Resolved, That a printed copy of these resolutions, with the several Constitutional propositions annexed, shall be attested by the President and Secretaries of the Convention, and transmitted by them, as soon as may be, to the selectmnenr of each town, and the mayor and aldermen of each city, in the ('ommonwealth, whose duty it shall be to insert a proper article in reference to the voting upon said propositions, in the wariant calling the meetings aforesaid, on the second Monday of November next. Proposition Number One, CONSTITUTION, OR F ORM OF GOVERNMENT OF THE Cnmmnuttm lj nf JatSSrItjltlt PREAM1BLE. THE end of the institution, maintenance, and administra- Objectsof gov ernment. tion of government, is to secure the existence of the body politic; to protect it; and to furnish the individuals who compose it, with the power of enjoying, in safety and tranquillity, their natural rights and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness. The body politic is formed by a voluntary association of Body politic. How formed, individuals; it is a social compact, by which the whole Its nature. people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his security in them. We, therefore, the People of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the Universe, in affording us, in the course of his providence, an opportunity, deliberately and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government for our2 2 CONSTITUTION OF MASSACHUSETTS. selves and posterity; and devoutly imploring his direction in so interesting a design, do agree upon, ordain, and establish, the following Declaration of Rights, and F'rame of Government, as the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS. A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH OF MASSACHUSETTS. Equality and ARTICLE 1. All men are born free and equal, and have cernatural rights of all men. tain' natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness. Right and duty ART. 2. It is the right as well as the duty of all men in of public religious worship society, publicly, and at stated seasons, to worship the SUProtection therein. PREME BEING, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping GoD in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. Religious free. ART. 3. As the public worship of God, and instructions dom established. in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses: And all persons belonging to any religious society shall be taken and held to be members, CONSTITUTION OF MASSACHUSETTS, 3 until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society: \And all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law. ART. 4. The people of this Commonwealth have the Right ofselfsole and exclusive right of governing themselves, as a free, secured. sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled. ART. 5. All power residing originally in the people, and Accountability being derived from them, the several magistrates and officers &* oflicers, of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. ART. 6. No man, nor corporation, or association of men, Services ren-' - dered to the have any other title to obtain advantages, or particular and public, being exclusive privileges, distinct from those of the community, topeculitariethan what arises from the consideration of services rendered vileges, hereditary offices to the public; and this title being in nature neither heredi- are absurd and 71~~~~~~~~~' ~ i~unnatural, tary, nor transmissible to children, or descendants, or relations by blood, the idea of a man being born a magistrate, lawgiver, or judge, is absurd and unnatural. ART. 7. Government is instituted for the common Objects ofgovernment; good; for the protection, safety, prosperity, and happiness right of people of the people; and not for the profit, honor, or private to institute. interest of any one man, family, or class!of men: Therefore the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it. 4 CONSTITUTION OF MASSACHUSETTS. Right of peo- ART. 8. In order to prevent those, who are vested with pie to secure rotation in authority, from becoming oppressors, the people have a right, office. at such periods, and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments. All, having the ART. 9. All elections ought to be free; and all the prescribeds inhabitants of this Commonwealth, having such qualificaequallyeligible tions as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. Right of pro- ART. 10. Each individual of the society has a right to tection and duty of contri- be protected by it in the enjoyment of his life, liberty, and bution correlative. property, according to standing laws. He is obliged, consequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when Taxation, necessary: but no part of'the property of any individual founded on consent. can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this Commonwealth are not controllable by any other laws, than those to which their constitutional representative body have given Private prop- their consent. And whenever the public exigencies require taken for pub- that the property of any individual should be appropriated. cuses, with- to public uses, he shall receive a reasonable compensation therefor. Remedies, by ART. 11. Every subject of the Commonwealth ought to recourse to the law, to be find a certain remedy, by having recourse to the laws, for free, complete, and prompt. all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws. Benefit of ha- ART. 12. The privilege and benefit of the writ of habeas beas corpus, corpus shall be enjoyed, in this Commonwealth, in the most secured, except, &c. free, easy, cheap, expeditious, and ample manner; and shall not be suspended by the Legislature, except upon the most CONSTITUTION OF MASSACHUSETTS. 5 urgent and pressing occasions, and for a limited time not exceeding twelve months. ART. 13. NO subject shall be held to answer for any Prosecutions crimes or offence, until the same is fully and plainly, sub- regulated. stantially and formally, described to him; or be cornpelled to accuse, or furnish evidence against himself: and every subject shall have a right to produce all proofs, that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election: and no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury. ART. 14. In criminal prosecutions, the verification of Crimes tobe -/, ~ ~ ~ ~ ~ ~.,..,,,.proved in the facts in the vicinity where they happen, is one of the vicinity. greatest securities of the life, liberty, and property of the citizen. ART. 15. Every subject has a right to be secure from Right of search and all unreasonable searches and seizures of his person, his seizure reguhouses, his papers, and all his possessions. All warrants, lated. therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued but in cases, and with the formalities, prescribed by the laws. ART. 16. In all controversies concerning property, and Right to trial by jury sacred, in all suits between two or more persons, except in cases in except, &e. which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this meth od of procedure shall be held sacred, unless, in causes 6 CONSTITUTION OF MASSACHUSETTSo arising on the high seas, and such as relate to miariners' wages, the Legislature shall hereafter find it necessary to alter it. Liberty of the ART. 17. The liberty of the press is essential to the press. security of freedom in a state: it ought not, therefore, to be restrained in this Commonwealth. Right to keep ART. 18. The people have a right to keep and to bear and bear arms., * * c Standing ar- arms for the common defence: and, as in time of peace, mus dnigery armies are dangerous to liberty, they ought not to be mainpower subordi- tained without the consent of the Legislature; and the nate to civil. military power shall always be held in an exact subordination to the civil authority, and be governed by it. Moral qualifm- ART. 19. A frequent recurrence to the fundamental cations for ffice. principles of the Constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attenMoral obliga- tion to all those principles, in the choice of their officers tions of lawgivers and and representatives; and they have a right to require of magistrates. their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the CommLonwealth. Right of peo- ART. 20. The people have a right, in an orderly and pie to instruct representa- peaceable manner, to assemble to consult upon the comntives and petition legisla- moon good; give instructions to their representatives; and ture. to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer. Pover tosus- ART. 21. The power of suspending the laws, or the pend the laws or their exe- execution of the laws, ought never to be exercised but by cution. the Legislature, or by authority derived from it, to be exercised in such particular cases only as the Legislature shall expressly provide for. Freedom of de- ART. 22. The freedom of deliberation, speech and CONSTITUTION OF MASSACHUSETTS. 7 debate, in either Hotise of the Legislature, is so essential to bate, &c., and reason thereof. the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. ART. 23. The Legislature ought frequently to assemble Frequent sesas-~~~~~~~~ - ~ /. 4sions, and obfor the redress of grievances, for correcting, strengthening, jects thereof. and confirming the laws, and for making new laws, as the common good may require. ART. 24. No subsidy, charge, tax, impost, or duties, Taxation ought to be established, fixed, laid, or levied, under any consent. pretext whatsoever, without the consent of the people, or their representatives in the Legislature. ART. 25. Laws made to punish for actions done before Ex post facto laws prohibthe existence of such laws, and which have not been ited. declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government. ART. 26. No subject ought, in any case, or in any time, Legislature not to convict to be declared guilty of treason or felony by the Legislature. of treason, &c. ART. 27. No magistrate or court of law shall demand Excessive bail or fines and excessive bail or sureties, impose excessive fines, or inflict cruelpunishments, procruel or unusual punishments. hibitrol. ART. 28. In time of peace, no soldier ought to be quar- -N; soldier to qe quartered tered in any house without the consent of the owner; and in any house, in time of war, such quarters ought not to be made but by uness & the civil magistrate, in a manner ordained by the Legislature. ART. 29. No person can in any case be subjected to law citizens exempt from law martial, or to any penalties or pains, by virtue of that law, martial, unexcept those employed in the army or navy, and except the less, &C militia in actual service, but by authority of the Legislature. ART. 30. It is essential to the preservation of the rights Judges of supreme jud-iial of every individual, his life, liberty, property and character, court. that there be an impartial interpretation of the laws, and 8~~ ~~CONSTITUTION OF MASSACHUSETTS. administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the Tenure ofthe lot of humanity will admit. It is therefore not only the ffice. best policy, but for the security of the rights of the people, and of every citizen, that the Judges of the Supreme Judicial Court should hold their offices by tenures established Salaries. by the Constitution, and should have honorable salaries, which shall not be diminished during their continuance in office. Separation of ART. 31. In the government of this Commonwealth, the eeiaandegis- legislative department shall never exercise the executive and tive depart- judicial powers, or either of them: the executive shall never ments. exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers or either of them: to the end it may be a government of laws and not of men. THE FRAME OF GOVERNMiENT. THE people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic or state, by the name of THE COMMONWEALTH OF MASSACHUSETTS. CHAPTER I. GENERAL COURT. Legislative dea ARTICLE 1. The department of legislation shall be styled partment. armen. the General Court of Massachusetts. It shall consist of two branches, a Senate and a House of Representatives, each of which shall have a negative upon the other. CONSTITUTION OF MASSACHUSETTS. 9 ART. 2. The political year shall begin on the first Wed- Commence-'.~ ~ ~ i i ^ i 11 ment of pdlitinesday in January; and the General Court shall assemble cal year, and every year on the said first Wednesday in January, and termination. shall be dissolved on the day next preceding the first Wednesday in January following, without any proclamation or other act of the governor. But nothing herein contained shall prevent the General Court from assembling at such other times as they shall judge necessary, or when called together by the governor. [ART. 3. The compensation of members of the General Compensation Court shall be established by standing laws; but no act ofmembers. increasing the compensation shall apply to the General Court which passes such act; and no compensation shall be allowed for attendance of members at any one session for Length of sesa longer time than one hundred days.] sion. ART... No bill or resolve of the Senate or House of Governor's veto, Representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal: and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the Senate or House of Representatives, in whichsoever the same shall have originated; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve: but if, after such reconsideration, two-thirds of the said Senate or Bill may be House of Representativeprersent, shall, notwithstanding thids of each the said objections, agree to pass the same, it shall, together house ntwithwith the objections, be sent to the other branch of the Legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of a law: but, in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the Commonwealth. And in order to prevent unnecessary delays, if any bill or Bill or resolve resolve shall not be returned by the governor, within five within five days after it shall have been presented to him, the same fte force of shall have the force of a law. a law. 3 10 CONSTITUTION OF MASSACHUSETTS. Vnless the But if any bill or resolve shall be objected to and not general court adjourn in approved by the governor, and if the General Court shall mean time. adjourn within five days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it, with his objections, as provided by the Constitution, such bill or resolve shall not become a law, nor have force as such. General court ART. 5. The General Court shall forever have full power may constitute judicatories, and authority to erect and constitute judicatories and courts courts of record, &c. of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the Commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same; whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixt; and for the awarding and. making out of execution thereupon: to Such courts which courts and judicatories are hereby given and granted eray adthis-c full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. The general [ART. 6. The General Court shall have power to make court mnay laws regulating marriage, divorce and alimony, but shall in make laws reg- aioy ulating mar- no case decree a divorce, or hear and determine any causes riage, divorce, touching the validity of the marriage contract.] and alimony. General court ART. 7. And further, full power and authority are heremay enact laws not repugnant by given and granted to the said General Court, from time to the Constitution; to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this Constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necesMay provide sary support and defence of the government thereof; and to or appoint- name and settle annually, or provide, by fixed laws, for the ment of ofi- naming and settling all civil officers within the said Corn CONSTITUTION OE MASSACHUSETTS. 11 monwealth, the election and constitution of whom are not,hereafter in this form of government otherwise provided for; and to set forth the several duties, powers and limits, of the prescribe their several civil and military officers of this Commonwealth, and duties; the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and to impose and levy impose taxes; proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth; and also to impose, and levy, reasonable duties and excises upon any produce, duties and excises; goods, wares,, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the to be disposed of for defence, hand of the governor of this Commonwealth for the time protection, &c. being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the government of the said Commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. ART. 8. The General Court shall have full power and General court empowered to authority to erect and constitute municipal or city govern- charter cities ments in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the Constitution, as the General Court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers under the Constitution, and the manner of returning the votes given at such meetings: provided, that no such gov- Proviso ernment shall be erected or constituted in any town not containing twelve thousand inhabitants; nor unless it be with the consent and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose: and provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times; to be annulled by the General Court. 12 CONSTITUTION OF MASSACHUSETTS. Each branch of ART. 9. Each branch of the General Court shall have geayn piht anthority to punish, by imprisonment, every person, not one cetain of- of its members, who shall be guilty of disrespect thereto, fences. by any disorderly or contemptuous behavior, in its presence; or who, in the town or city where the General Court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, or assault any of them-for anything said or done in its session; or shall assault, or arrest, any witness, or other person, ordered to attend it, in his way in going, or returning; or who shall Limitation. rescue any person arrested by its order: provided, that no imprisonment, on its warrant or order, for either of the above described offences, shall be for a term exceeding thirty days; and the governor and Council shall have the same authority to punish in like cases. And no member, during his going to, returning from, or attending, the General Court, shall be arrested, or held to bail, on mesne process. Trialmaybeby ART. 10. Each branch of the General Court may try, committee or otherwise, and determine all cases where their rights, and privileges are concerned, and which, by the Constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best. Each branchto ART. 11. Each branch shall be the final judge of the tions, &c eeof eltionsions, returns, and qualifications, of its members, as its members. pointed out in the Constitution; shall choose a presiding officer from among its members; appoint its other officers; and setttle its rules and orders of proceeding; and shall Adjournment have power to adjourn, provided, such adjournment shall n&c to exceed not exceed three days at a time. Adjournment ART. 12. And whereas the elections appointed to be made general ouSrt. by this Constitution, on the first Wednesday in January annually, by the two Houses of the Legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. Mode of elec- [ART. 13. In all elections by the General Court, or either tions. branch thereof, a majority of votes shall be required, and the members shall vote viva voce.] CONSTITUTION OF MASSACHUSETTS. 13 ART. 14. The enacting style, in making and passing all Enacting3tyle. acts, statutes and laws, shall be: BE IT ENACTED BY THE GENERAL COURT OF MASSACHUSETTS. CHAPTER II. SENATE. [ARTICLE 1. There shall be annually elected by the Senate. inhabitants of this Commonwealth, qualified as in this Constitution is provided, forty persons to be senators, for the year ensuing their election; and the Senate shall be the first branch of the General Court. For this purpose the General Court, holden next after the adoption of this Constitution, and next after each decennial census thereafter, shall divide the Commonwealth into forty dis- District. tricts, composed of contiguous territory, and as nearly equal in population as may be: provided, that no town or ward of a city be divided therefor. Each district shall be entitled to elect one senator, who shall have been an inhabitant of this Commonwealth for five years immediately preceding his election, and at the time rf his election shall be an in- Qualificatio habitant of the district for which he is chosen.] ART. 2. There shall be a meeting on the Tuesday next Manne- of choosing after the first Monday in November annually, forever, of senators. the inhabitants of each town and city in this Commonwealth, to be called and warned in due course of law, at least seven days before the day of such meeting, for the purpose of electing senators; and at such meetings every qualified voter shall have a right to give in his vote for a senator for the district of which he is ant inhabitant. The selectmen of the several towns shall preside at the town Presiding offimeetings impartially; and shall receive the votes of all the inhabitants of such towns present and qualified to vote for alsenator, and shall sort and count them in open town meeting, and in presence of the town clerk, who shall make a Record of fair record, in presence of the selectmen, and, in open town meeting, of the name of every person voted for, and of the number of votes against his name; and a fair copy of this ~~~14 ~CONSTITUTION OF MASSACHUSETTS. record shall be attested by the selectmen and the town clerk, Return of and shall be sealed up, directed to the secretary of the votes. Commonwealth, for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town clerk of said towns, to the sheriff of the county in which such town lies, thirty days at least before the first Wednesday in January annually; or it shall be delivered into the secretary's office seventeen days at least before the said first Wednesday in January; and the sheriff of each county shall deliver all such certificates, by him received, into the secretary's office, seventeen days before the said first Wednesday in January. Inhabitants of And the inhabitants of plantations unincorporated, qualiunincorporated places. fled as this Constitution provides, shall have the same priviPlantation lege of voting for a senator, in the plantations where they meetings. reside, as town inhabitants have in their respective towns; and the plantation meetings for that purpose shall be held annually on the same Tuesday next after the first Monday in November, at such place in the plantations respectively Assessors to as the assessors thereof shall direct; which assessors shall notify. have like authority for notifying the voters, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this Constitution. And all other persons living in places unincorporated, (qualified as aforesaid,) shall have the privilege of giving in their votes for a senator, in the town where the inhabitants of such unincorporated places shall be assessed, and be notified of the Selectmen to place of meeting by the selectmen of the said town for that notify. notfy. purpose, accordingly. Governor and [ART. 3. The governor and Council shall, as soon as may council to ex- be, examine the returned copies of the record, provided for in article second of this chapter, and ascertain who shall have received the largest number of votes in each of the several senatorial districts, and the person who has so received the largest number of votes in each of said districts shall be a senator for the following political year; and the governor shall cause each of said persons, so apNotification. pearing to be elected, to be notified at least fourteen days before the first Wednesday in January of each year, to attend on that day, and take his seat accordingly. Quorum. ART. 4. Not less than twenty-one members shall consti CONSTITUTION OF MASSACHUSETTS, 15 tute a quorum, for doing business; but a less number may organize, adjourn from day to day, and compel the attendance of absent members.] ART. 5. The Senate shall be a court with full authority Impeachto hear and determine all impeachments made by the House ments. of Representatives, against any officer or officers of the Commonwealth, for misconduct and mal-administration in their offices; but, previous to the trial of every impeachment, the members of the Senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not Limitatioa of extend further than to removal from office and disqualifica- sentence" tion to hold or enjoy any place of honor, trust, or profit, under this Commonwealth: but the party, so convicted, shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land. ACHAPTER III, T'OUSE OF REPRESENTATIVES. A TICLE 1. There shall be, in the Legislature of this epresent: - Commonwealthl a representation of the people, annually tion. elected, and founded upon the principle of equality. ART. 2. And in order to provide for a representation of Representa~he citizens of this Commonwealth, founded upon the pri- chen whom cipl!e of equality, every corporate town, containing [less than one thousand inhabitants, may elect one representative in the year when the valuation of estates shall be settled, and, in addition thereto, one representative five years in every ten years. Every town containing one thousand inhabitants and less than four thousand, may elect one representative. Every town containing four thousand inhabitants and less than eight thousand, may elect two representatives. Every town containing eight thousand inhabitants and less than twelve thousand, may elect three representatives. Every city or town containing twelve thousand inhabitants, may elect four representatives. Every city or town containing over twelve thousand inhabitants, may elect one additional representative for every four thousand inhabitants 16 CONSTITUTION OF MASSACHUSETTS. Anytwo towns it shall contain, over twelve thousand. Any two towns, tmaysees in- each containing less than one thousand inhabitants, may, to a district. by consent of a majority of the legal voters present at a legal meeting, in each of said towns respectively, called for that purpose, form themselves into a representative district, to continue for the term of not less than two years; and such district shall have all the rights, in regard to representation, which belong to a town having one thousand inhabiBased onwhat tants. And this apportionment shall be based upon the ensu. census of the year one thousand eight hundred and fifty, until a new census shall be taken. Senatetoap- ART. 3. The Senate at its first session after this Conortion repe- tittion shall have been adopted, and at its first session sentatives. s h bee 1o 1, after the next State census shall have been taken, and at its first session next after each decennial State census thereafterwards, shail apportion the number of representatives to which each town and city shall be entitled, and shall Notification cause the same to be seasonably published; and in all apthereof. portionments after the first, the numbers which shall entitle any town or city, to two, three, four, or more representatives, shall be increased or diminished in the same proportion as the population of the whole Commonwealth shall have increased or decreased since the last preceding apportiontment. Representa- ART. 4. No town hereafter incorporated, containing less tono new than fifteen hundred inhabitants, shall be entitled to choose a representative. Cities to be di- ART. 5. Each city, in this Commonwealth, shall be iactd into dis- divided, by such means as the legislature may provide, into districts of contiguous territory, as nearly equal in population as may be, for the election of representatives, which districts shall not be changed oftener than once in five years: provided, however, that no one district shall be entitled to elect more than three representatives.] When repre- ABRT. 6. The members of the House of Representatives Iebteteso- shall be chosen on the Tuesday next after the first MIonday sell. in, November, annually; but meetings may be adjourned, if necessary, for the choice of representatives, to the next day, and again to the next succeeding day, but no further: but in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November. CONSTITUTION OF MASSACHUSETTS,!. ART. 7. The House of Representatives shall have power, ^ro., li l i.n case, &c. from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this Constitution. ART. 8. Every member of the House of Representatives Qualificetoio shall have been for one year, at least, next preceding his election, an inhabitant of the town he shall be chosen to represent. ART. 9. The House of Representatives shall be the':iot," grand inquest of this Commonwealth; and all inmpeachments made by them shall be heard and tried by the Senate. AwT. 10. All money bills shall originate in the House of -.m l~,,i. Representatives; but. the Senate m.ay roprose or concur e 1i2. with amendments, as on other bills. ART. 11. Not less than one hundred members of the House of Representatives shall constitute a quorum for doing business. CHAPTER IV. GOVERNOR. ART. 1. There shall be a supreme executive magist ate, who shall be styled, THE GOVERNOR OF THE71 CO~M.- TV.:~. MONWEALTH OF MASSACt.HUS...ETTS. ART. 2. The governor shall be a citizen of Mass'.sI;,u. 1:.ai;)cat,.i:. setts, and shall be chosen annually, by the inhabi>tants o/ t...,'rl towns and cities of this Commonwealth, on the T iuesday nexzt: after the first Monday in Novem ber. He shall hold his ofi.ce'I..lr,,.ro'i':,:c' for one year next following the first Wednesday of Janru;ary, and until another is chosen and qualified in his stead. A.,nd no person shall be eligible to this office, unless, at the,time of his election, he shall have been an inhabitant of this Commonwealth for seven years next preceding. 4 1COITSTITUTION' OF MASFSACHUSETT' S By whom cho- ABRT. Those persons who shall be qualified to vote for sene senators and representatives, within the several towns of this Commonwealth, shall, at a meeting to be called for that purpose, on the Tuesday next after the first Mlionday in November, annually, give in their votes for a governor, to the selectmen, who shall preside at such meeting, and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and cou1nt the votes, and form a list of the persons voted for, ith the number of votes for each person against his namlle; and. shall make a fair record of the same in the town books,'and a public declaration thereof in the said meeting, and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and trans-. nmi the sah e r to the sheriff of the county, thirty days at least before the first Wednesday in January; and the sherff sn.all transmit the same to the secretary's office seventeen days at least before the said. first Wednesday in. January; or the selectmen may cause returns of the same to be made to the o-fice of the secretary of the Commonwealth seventeen day a.t least before the said day; and the secretary shall, lay the saae before the Senate and the House of Rep~ resentatives, t.' the first Wednesday in. January, to be by them examinedl; and in case of an election, the choie i shall be by tlhem. declared and published. Power of gov A o 4.: TIhe. governmor shall have authority, from time ernor, and of goverlor andto t ime, at his d.isretion to assemble and. call. together the council. ouncillors of this Commonwealth for the time being; and the governor, with the said councillors, or five of them at seast, shall, and. may, from time to time, hold and keep a Counci, f-orA the ordering and directing the affairs of the Commn,.onweialt., agreeably to the Constitution and the laws of the land., aS&rae iubljecltA. T 5. Th. geovernor, with advice of Council, shall have full powe-r and authority, during the session of the ceneral Court, to adjourn or prorogue the same to any time the tw-o Houses shall desire; and in the recess of the said C:ort, to prorogue the same from time to time, not exceeding ninety days in. any one recess; and to call it totgetxe. soone r tn lhe taime t o which it may be adjourned CONSTITUTION OF MASSACHU$ST TS, T59 or prorogued, if the welfare of the Commonywealth shall.require the same; and in case of any infectious distemper prevailing in the place where the said Court is nex at at ay time to convene, or any other cause hap.open ing, wher.eby danger may arise to the health or lives of the members Ifrom their attendance, he may direct the session to be held at some other the most convenient place within the State, ART. 6. -In cases of disa greeiment b e t w;een "h o or:ovelteo antd HIouses, with regard to the necessity, expedielny or time o j0oi adjournrnent, or prorogation, the governor, wittL advice of nicot,.0',9 the Council, shall have a right to adjournr or p'rorogue the ei::'nt. General Court, not exceeding ninety days, as ihe shial determine the public good shall require. ART. 7. The power of pardoning ofFelces, exctept sI ch -0oveyrcr Lnd as persons may be convicted of before the Sea, b. y aul l n impeachment of the House, shall be in tnhe goveinor,,y' e and with the advice of Council; but no cha-rter of pairdonT E:x~-,i<, granted by the governor, with advice of the Cou:ncil, beoI r T:T:c- o;: - conviction, shall avail the party pleading the sanme nontwi.th" O;' standing a ny general or particular expreosions containe d therein, descriptive of the' ofence, or orff cees' i:edei, to be pardoned, ARTr 8. Notaries public shall be appointed by thre gv- liota:ies pubernor, in the sarne manner as judicial oficers ae appointled, ii and shall hold their offiees datring seven years, un,;less o i ti.r removed by the governor, with the consent of the Ciouneil, upon the address of both Houses of the General Co(urt., A a., 9. Coronters shall be nominated and appointed by Coro.rs. the governor, by and with the advice and conlseunt of the Council; and every such nomination shalt be made by the governor, and mad at least seven days prior to such1 ap pointment. ARr. 1L N No moneys shall be issued out of the t reasury Money, hnow d. rawt of this Conmmonwealth and disposed of (except such snums fromi the tra as may be appropriated for the redemption of bills of credit &Uy. or treasurers notes, or for the payment of interest arisiang thereon) but by warrant under the hand of the governor t.cor te ime oeng,- with the advice and consent of the 20 CONSTITUTION OF MASSACHUSETTS. Council, for the necessary defence and support of the Commnonwealth; and for the protection and preservation of the inhabitants thereof, agreeably.to the acts and resolves of the General Court. )AllH public, VA'. 11. All public boards, tile commissary-general, all board.s, &.co. t o q.oake q.ar- superintending officers of public magazines and stores, be-?e-vCy7 reft.u,,rs.' longing. to this' Commonwealth, and all commanding officers of forts and garrisons within the same, shall, once in every tbhree montrs, offcially and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their a ppendages, and small arms with their accoutrements, atnd of all other public property whatever under their care, srspe..st veily distinguishing the quantity, number, qcatity and kind of each, as particularly as nmay be; tog'ether with the condition ot such forts and garrisons; and the said comnmandisg officer shall exhibit to the governor, *when reqctired by him, true and exact, plans of such forts, and of the land and sea. or harbor or harbors, adjacent. t~ ior:.!.n:i- A.nd e aid boards, and,all public officers, shall commrat.^C., t,:l- ul r t 1cae to tothe, overnor, as soon as may be after receiving the!;_'me, all lettert's, despatches, and intelligences of a public nature, -vhi. h sh.all. be directed to them respectively. Salary lof fg:cv- o.:?,. As t ihe public good requires that the governor *sho uld oot; bfe ander the undue influence of any of the menmunbers of the General Court, by a dependence on them or'his sulpport —that he should, in all cases, act with freedin 1fo ihe beeneAt of the public —that he should not have lhis attet.'tion necessarily diverted from that object to his private corccerns-tand that he should maintain the dignity of the Comnonwea re'ath in the character of its chief magistrate-it is necessary. that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws: and it sh-all be amoxng the first acts of the General Court, after the commen ceriment of this Constitution, to establish such salary by law accordingly. CONSTITUTION OF MASSACHUSETTS. 21 CHAPTER V. LIEUTENANT-G OVERNOR. ARTICLE 1. There shall be annually elected a Lieu- Lieutenanttenant-Governor of the Commonwealth of Massachusetts, ove who shall be qualified in the same manner with the governor; and the day and manner of his election, the quali- -Iii qualifications. fications of the voters, the return of the votes, and the Howchosen. declaration of the election, shall be the same as in the election of a governor. [And the lieutenant-governor shall hold his office for one Tenureof office year next following the first Wednesday of January, and until another is chosen and qualified in his stead.] ART. 2. The governor, and in his absence, the lieutena nt- Rateltaion to governor, shall be president of the Council, but shall have no tile counoil vote in Council; and the lieutenant-governor shall alw7ays be a member of the Council, except when the chair of the governor shall be vacant. ART. 3. Whenever, by reason of sickness or absence Lieutenantgovernor to be from the Commonwealth, or otherwise, the governor shall lacting goveibe unable to perform his official duties, the lieutenant-gov- o Ce. ernor, for the time being, shall have and exercise all the powers and authorities, and perform all the duties of governor; and whenever the chair of the governor shall be To be rovernor vacant, by reason of his resignation, death, or removal from i office, the lieutenant-governor shall be governor of hte Commonwealth. CHAPTER, VI. COUNCIL. ARTICLE I. There shall be a Council for advising the coun,,i governor in the executive part of the government, to consist of eight persons besides the lieutenant-governor, whom NlInbir. 22 CONSTITUTION OF MASSACHUSETTS. the governor for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together; and the governor, with the said council(aloruam lors, or five of them at least, shall and may, from. time to time, hold and keep a Council, for the ordering and directing the affairs of the Commonwealth, according to the laws of the land. flow chosen. [ART. 2. Eight councillors shall be annaally chosen by the people; and for that purpose the State shall be divided by the General Court into eight districts, each district to State to be dis- consist of five contiguous senatorial districts and entitled tricted for he'to elect one councilor, who shall hold his ofice or one electi ons. year next following the first Wednesday in January, and until a successor is chosen and qualified in his steadl. Qualifi cation. ARTi,'3.No person shall be elected a councillor who has not been an inhabitant of this Cotnrm onwealtl fr t'he iterm of five years inmmediately preceding his election. i'ode of elec- [Af 4. ThYe day and mannrer of the election of courtionf. tciillors, the qualifications of the voters, the ret.; f i:' ie votes, and the declaration of the elections, shall be the same as are required in the election of: senators; and'the person having the highest number of votes shall be declared to be elected. 1Not to hcld ARt. 5. No co uncitlor durinog the time for which he office or place ZD of emolument. iS elected, shall be appointed on any commission or to any place and receive counpensation therefor.] ank. hRaT. 6. The councitlors in the civil arrangemrents of thbe Cor-mmonwealth, shall have rank next, after the lieutenantgovernor. Record to be'].. rp esolutions and advice of' the Council shall kept. be recorded in a register, and signed by the nmemxbers present and any memnber of the Council may insert his opinion Record to t contrary to the resolution of the'majority. txihs record public. shall always be subject to public e.xaminat'ion and may be called for by either House of the Legislature. Council to ex- AT.S. 8. Wheneve'r the office of the governor a nd lteneriuse the powers of go'- tenlant-governor shall be vacant, by reason of death, absence, ernor, in case, &c. or otnerwise, then the Coun cl, or the major part of themn Shall, during such vacancy, have full power and authority, to do~ and execute all and every such acts, matters and CONSTITUTION O. MASSACHUSETTS, 23 things, as the governor or the lieutenant-governor might or could, by virtue of this Constitution, do or execute, if they, or either of them, were personally present. CHAPTER VIL. SECRETARY, TREASURER, ATTORNEY-GENERAT,) AUJDI'TO.R, DISTRICT ATTORNEY, AND ) COUNTY OFFICERS. [ART1CLE 1L The secretary, treasurer, auditor and at- Bv whom and. torney-general, shall be chosen by the people, atnually, w on the Tuesday next after the. first Mionday in November; and they shall hold their offices, respectively, for one year Tenure of next following the first Wednesday in the succeeding Jao-f uary, and until their'successors are chosen and q ualfied in their stead. The day and manner of their election, the qualifications Moeo, ofl" of the voters, the return of the votes, and the declaration of the elections, shall. be the same as are required in the election of governor.] ART. 2. No man shall be eligible as treasurer more than Treasurer ineligible more five years successively. than five successive years. ART. 3. The records of the Commonwealth shall be Secretary to keep records, kept in the office of the secretary, who miay appoint his to, ttendathe deputies, for whose conduct h. e shall be accountable; and ouncil, c&C. he shall. attend the governor and Council, the Senate and House of Representatives, in person, or by his deputies, as they shall respectively require. [ART. 4. Judges of probate, registers of probate, sheriffs Judges of roclerks of,the courts, commissioners of insolvency, district- cbtt, cls ~' attorneys, registers of deeds, county treasurers, and county commissioners, shall be elected triennially by the people of BY Vwhom chotheir respective counties and, districts, on the TFuesday next after the first Monday in November, and shall:hold tiofela" their offices, respectively, for three'years next following the first Wednesday in the succeeding January, and until. their Tenure of respective successors are chosen, and qaalified in. their stead. The manner of their election, the qualifications of the voters, thee return) of the votes, and the dec.aration of the ?t~24 ttCONSTITUTION OF MASSACHUSETTS. elections, shall be the same as are required in the election of Plurality. senators; and the person having the highest number of votes shall be elected.] CHAPTER VIII. JUDICIARY POWER. Where vested [ARTICLE 1. The Judicial Power of the Commonwealth shall be vested in a Supreme Judicial Court, and such other courts as the Legislature may from time to time establish.] Tenure of all ART. 2.'The tenure that all commission officers shall by comnmission o0. icers to b law have in their offices, shall, be expressed in their respecpressed.. pressed. tire commissions. Tenure of j>- All judicial officers, duly appointed, commissioned and dicial officers worn shall hold their offices for the term of ten years, excepting such concerning whom there is different provision made in this Constitution. And uipon the expiration of such term they may be reappointed; and all judicial officers jfr'whose appointmrent a different provision is not made in this Constttitution shall be nominated and appointed by the governor, by and with the advice and consent of the Council, Removal. and they may be removed by the governor, with consent of the Council, upon the address of both Houses of the Legislature. Tenure of prea- [ART. 3. The present justices of the Supreme Judicial ent justices Court shall hold their offices according to their respective commissions; and the present justices of the Court of Common Pleas shall hold their offices by the same tenure, while the law establishing the said Court of Common Pleas Nominations shall continue. All nominations of judicial officers, whose to beannoune- term of office is by this Constitution limited to ten years, ed. shiall be publicly announced at least seven days before their appointment: and no person who shall have been commissioned after the tenth day of August, in the year one thousand eight hundred and fifty-three, shall hold by any longer tenure of office than the term of ten years. Governor and A RT. 4. Neither the governor and Council, nor the two legislature not branches of the Legislature, or either of them, shall hereto propose questions to after propose questions to justices of the Supreme Judicial spreme oudir Court, and require their opinions thereon.] CONSTITUTION OF MASSACHUSETTS. 25 ART. 5. The judges of probate of wills, and for granting Provisions for holding proletters of administration, shall hold their courts at such bate courts. place or places, on fixed days, as the convenience of the people shall require; and the Legislature shall from time to time, hereafter, appoint such times and places; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct. [ART. 6. Justices of the peace, justices of the peace and Justices of the quorum, justices of the peace throughout the Common- peace and how to be appointwealth, and commissioners to qualify civil officers, may be ed. appointed by the governor and Council for a term of seven Tenure of ofyears; and upon the expiration of any commission, the fe same may be renewed; and those now in office shall con- Present justinue therein according to the tenure of their respective tinue. commissions: provided, that the jurisdiction of the justices Jurisdiction. named in this article, shall not extend to the hearing or trial of any causes, or the issuing of warrants in criminal cases. ART. 7. Trial justices shall be elected by the legal Trial justices voters of the several towns and cities, where, at the time of to be elected. such election there is no Police Court established by law, who shall hold their offices for a term of three years, and Tenure of ofhave the same jurisdiction, powers, and duties, as are now fice. exercised by justices of the peace, or such as may hereafter Jurisdiction. be established by law. Every city or town, authorized as herein provided, shall elect a trial justice, and may elect one additional, for each two thousand inhabitants therein, ac- Number of. cording to the next preceding decennial census: provided, however, that any trial justice who shall remove from the city or town in which he was elected shall thereby vacate Raeteova.l va his office. ART. 8. Justices and clerks of the Police Courts of the Justices, &c. of police courts several cities and towns of the Commonwealth, shall be to beelected. elected by the legal voters thereof,. respectively, for a term Tenure. of three years.] CHAPTER IX. qUALIFICATIONS OF VOTERS, AND ELECTIONS. ARTICLE 1. Every male citizen, of twenty-one years of Persons entitled to vote. age and upwards, (excepting paupers and persons under guar5 26; CONSTITUTION OF MASSACHUSETTS. dianship,) who shall have resided within the Commonwealth one year, and within the town or' district, in which he may.claim a right to vote, six calendar months next preceding any election of any national oficer, or'any State o7icer required by this Constitution to be elected by the people, shall have a right to vote in such election; and no other person shall have such right. Sealed enve- [ART. 2. All ballots required by law to be given at any ulsed to e national, state, county, district, or city election, including elections for representatives and trial justices, justices and clerks of police courts, shall be deposited in sealed envelopes of uniform size and appearance, to be furnished by the Comnion wealth. Lists of -voters ART.. 3. Lists of the names of qualified voters shall be to be used at used at all elections required by this Constitution. They shall be made out and used in such manner as shall be by law provided. The presiding officers at such elections shall receive the votes of all persons whose names are borne on such lists, and shall not be held answerable for refusing the votes of any persons whose names are not borne thereon. Day of elec- ART. 4. All meetings for the choice of national, state, tions. lcounty, or district officers, includiuog representatives, trial justices, clerks and justices of police courts, by the people, By whom sh;all be held on the Tuesday next after the first eonday in meetings shall November, annually; and they shall be called by the mayor e cled. and aldermen of the cities, and the selectmen of the towns, and warned in due course of law..The manlner of calling and holding public meetings in cities, for the election of officers under this Constitution, and the manner of returning the votes given at such meetings, shall be as lowu prescribed, or as shall nereafter be prescribed by the Legislature. A majority of ART. 5. A majority of all the votes given shall be vsary tneceo necessary to the election of governor, lieu tenant-governor, election of go- secretary treasurer, auditor, and attorney-genleral of' the o eroffles. Comlonwealth, until otherwise provided by law, but no such law providing that such officers, or either of them, or representatives to the General Court, shall be elected by plurality, instead of a majority of votes given, shallt take effect until one year after its passage; and if at any time after any such law shall have taken effect, it shall be repeale i, such repeal shall not become a lawxr until one year CONSTITUTION OF MASSACHUSETTS. 27 after the passage of the repealing act; and in the absence of any such law, if at any election of either of the abovenamed officers, except the representatives to the General Court, no person shall have a majority of the votes given, the House of Representatives shall elect two out of three In case of no persons then eligible, who had the highest number of votes, election by the people, to be if so many shall have been voted for, and return the persons elected by the so elected to the Senate, from whom the Senate shall choose louse an d one who shall be the officer thus to be elected. A mlajority of ART. 6. A majority of votes shall be required in all elec- tsy inetestions of representatives to the General Court, until other- election of reppro1v1id 1 by resentatives wise provided by law. ntil otherwise provided. ART. 7. In the election of all city or town officers, City and town such rule of election shall govern as the Legislature may officers. by law prescribe. ART. S. In all elections of councillors and senators, and A plurality of in all elections of county or district officers, the person votes shanll having the highest number of votes shall be elected. lors and oi;ther officers. ART. 9. Whenever, in any election, where the person incaseo a having the highest number of votes may be elected, there failure, subseis a failure of election because two persons have an equal uay be had. number of votes, subsequent trials may be had at such times as may be prescribed by the Legislature.] CHAPTER X. OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLUSION FROM OFFICES; CONTINUATION OF OFFICERS; COMMISSIONS; WRITS; CONFIRMATION OF LAWS. ARTICLE 1. The following oath shall be taken and sub- Oath to be scribed by every person chosen or appointed to any office, taken. civil or military, under the government of the Commonwealth, before he shall enter upon the duties of his office, to wit: 28 CONSTITUTION OF MASSACHUSETTS. Form of oath. c I, A. B., do solemnly swear that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the Constitution thereof; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as [here insert the office], according to the best of my abilities and understanding, agreeably to the Constitution and laws of the Commonwealth. So help me God." Persons hav- [Provided, that when any person, chosen or appointed as Oin CosCiSs aforesaid, shall be conscientiously scrupulous of taking and tious scruples may affirm. subscribing an oath, and shall for that reason decline taking the above oath, he shall make and subscribe his affirmation in the foregoing form, omitting the word' swear," and substituting the word "affirm; " and omitting the words " So help me God," and subjoining instead thereof the words "And this I do under the pains and penalties of perjury. "] Before whom And the said oaths or affirmations shall be taken and subtaken. scribed, by the governor and lieutenant-governor before the president of the Senate, in presence of the two Houses in convention; and by councillors before the president of the Senate and in presence of the Senate; and by the senators and representatives before the governor and council for the time being; and by the residue of the officers aforesaid before such persons, and in such manner, as shall from time to time be prescribed by law. Plurality of of- ART. 2. No governor, lieutenant-governor, or judge of fices prohibited to governor, the Supreme Judicial Court or Court of Conmon Pleas, et, except, shall hold any other office under the authority of this Commonwealth, except such as by this Constitution they are admitted to hold, saving that the judges of the said courts may hold the offices of justices of the peace through the State; nor shall they hold any other office, or receive any pension or salary from any other State, or government, or power whatever, except that they may be appointed to take depositions, or acknowledgments of deeds, or other legal instruments, by the authority of other States or countries. Inoompatibili- [No person shall hold or exercise at the same time more ty of offices. than one of the following offices, to wit: the office of governor, lieutenant-governor, senator, representative, judge of the Supreme Judicial Court, or Court of Common Pleas, secretary of the Commonwealth, attorney-general, treasurer, CONSTITUTION OF MASSACHUSETTS. 29 auditor, councillor, judge of probate, register of probate, register of deeid2 sheriff or his deputy, clerk of the Supreme Judicial Court, or Court of Common Pleas, clerk of the Senate or House of Representatives; and any person holding either of the above offices shall be deemed to have vacated the same by accepting a seat in the Congress of the United States, or any office under the authority of the United States, the office of postmaster excepted. And no person shall be capable of holding at the same time more than two offices, which are held by appointment of the governor, or governor and Council, or the Senate, or the House of Representatives, military offices, and the offices of justices of the peace, justices of the peace and quorum, notaries public, and commissioners to qualify civil officers, excepted.] ART. 3. And no person shall ever be admitted to hold a Bribery, ete. operates disseat in the Legislature, or any office of trust or importance qualificationo under the government of this Commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption, in obtaining an election or appointment. ART. 4. All commissions shall be in the name of the Provisionsrespecting cormCommonwealth of Massachusetts, signed by the governor, missions. and attested by the secretary or his deputy, and have the great seal of the Commonwealth affixed thereto. ART. 5. All writs, issuing out of the clerk's office in any Provisions reof the courts of law, shall be in the name of the Common- pecting writs wealth of Mlassachusetts; they shall be under the seal of the court from whence they issue, and be signed by the clerk of such court. ART. 6. All the laws, which have heretofore been adopt- Confirmation of former laws, ed, used, and approved in the Province, Colony, State or Commonwealth of Massachusetts, and usually practised on in the courts of law, shall still remain and be in full Exception. force, until altered or repealed by the Legislature; such parts only excepted as are repugnant to the rights and liberties contained in this Constitution. 30 CONS'TITTUTION OF MIASSACHUSETTS. CHAPTER XI. MILITIA. Thhe governor ARTeIC E The governor shall be the commander-into be commrander-in- chief of the army and navy of the Comnmomnealth, and of chief. the Militia thereof, excepting when these forces shall be acLimitation. tually in the service of the United States; and shall have is power to power to call out any part of the military force to aid in the call ot the execution of the laws, to suppress insurrection, and to repel invasion. All citizenslia- [ART. 2. All citizens of this Commonwealth liable to ble to military military service, except such as may by law be exempted, enrolled. shall be enrolled in the militia, and held to perform such military duty as by law may be required. Militia maybe ART. 3. 3 The militia may be divided into convenient divided into di- divisions, brigades, regiments, squadrons, battalions, and visions, etc. companies; and officers with appropriate rank and titles Officers to be may be elected to command the same. And the discipline elected. of the militia shall be made to conform, as nearly as practiDiscipline. cable, to the discipline of the army of the United States. The governor ART. 4. The governor shall appoint an adjutant-general, to appoint ad- a quartermaster-general, and such other general staf-officers jutant-general,, c t i etc. as shall be designated by law; who shall be commissioned Tenure of of- by him for the term of one year, and until their successors fice. shall be commissioned and qualified. And the adjutantSalary to be general and quartermaster-general shall have salaries fixed in full for all by law, which shall be in full for all services rendered by services. them in their several offices. Major-generals ART. 5. The major-generals shall be elected by the to be elected; votes of the brigadier-generals and field-officers of the by whom. brigades, regiments, squadrons, and battalions of the respective divisions. BrigadART. 6. The brigadier-generals shall be elected by the erals to be votes of the field-officers of the regiments, squadrons, and elected; battalions, and captains of companies, of the respective brigades. Field offcersof ART. 7. The field-officers of regiments, squadrons, and regiments to battalions, shall be elected by the votes of the captains and be elected; by whom.' subalterns of companies of the respective regiments, squadrons, and battalions. CONSTITUTION OF MASSACHUSETTS. 31 ART. 8. The captains and subalterns shall be elected by Captains and subalterns to the members of the respective companies. be elected; by whom. ART. 9. All elections of military officers shall be by a Manner of majority of the written votes of those present and voting, election. and no person, within the description of a voter as herein- Pight of votbefore specified, shall be disqualified by reason of his being ing. a minor. ART. 10. The Legislature shall prescribe the time and Legislature to manner of convening the electors hereinbefore named, of prescribe the time and manconducting the elections, and of certifying to the governor ner of meetthe names of the officers elected. ings, etc. ART. 11. The several officers elected shall be forthwith officers to be commissioned by the governor for the term of three years commissioned by governor. from the dates of their respective commissions, and until Tenure of oftheir successors shall be commissioned and qualified. fice. ART. 12. If the electors of the several officers before- Whlen electors named shall refuse or neglect to make an election, for the neglect omr et) fuse to make space of three months after legal notice of a meeting for elections; that purpose, the governor shall appoint and commission for governor to three years a suitable person to fill the vacant office with appoint with the advice of the Council if the vacancy be that of a major- cil; general, or with the advice of the major-general of the or with advice division in which the appointment is to be made, if the of major-general. vacancy be of an inferior grade. ART. 13. Major-generals, brigadier-generals, and corn- Major-general, mandants of regiments, squadrons, and battalions, shall sev- et;ftoffiepli erally appoint such staff-offcers as shall be designated by law in their respective commands. ART. 14. All non-commissioned officers, whether of staff Non-co-nmisor company, and all musicians, shall be appointed in such S nioolfirs^ manner as may be prescribed by law. tobe appointed ART. 15. All officers of the militia may be removed Court-martial from office by sentence of court-martial, or by such other may remove. modes as may be prescribed by law..] 32 CONSTITUTION OF MASSACHUSETTS. CHAPTER XII. THE UNIVERSITY AT CAMBRIDGE; THE SCHOOL FUND; AND THE ENCOURAGEMENT OF LITERATURE. Harvard Col- ARTICLE 1. Whereas our wise and pious ancestors, so lge. early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of GOD, been initiated in those arts and sciences, which qualified them for public employments, both in church and state; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of Powers, privi- this, and the other United States of America-it is declared, leges, etc., of the president that the PRESIDENT and FELLOWS of HARVARD and fellows confirmed. COLLEGE, in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy; and the same are hereby ratified and confirmed unto them, the said President and Fellows of Harvard College, and to their successors, and to their officers and servants, Power of the respectively, forever. But the Legislature shall always have legislature declared. e full power and authority, as may be judged needful for the advancevment of learning, to grant arny further powers to the President and Fellows of Harvard College, or to alter, limit, The obligation annul, or restrain, any of t e powers now vested in theme of contracts not to be it - provided, the obligation of contracts shall not be impaired; not to be iri- provided, paiover and shall have the like po0er ald authority over all CcrpoPrower overn corporations rate francises hereafter granted, for the 2urposes of eduhereafter granted. cation, in this Commonwzealth. All gifts, ART. 2. And whereas there have been, at sundry times, grants, etc., confirmed. by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the President and Fellows of Harvard College, or to the said College by some other description, CONSTITUTION OF MASSACHUSETTS. 33 under several charters successively; it is declared, that all the said gifts, grants, devises, legacies and conveyances, are hereby forever confirmed unto the President and Fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors. ART. 3. And whereas by an Act of the General Court Who shall be of the Colony of Massachusetts Bay, passed in the yearveeers one thousand six hundred and forty-two, the governor and deputy-governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy in the said Act described, constituted the overseers of Harvard College; and it being necessary, in this new constitution of government, to ascertain who shall be deemed successors to the said governor, deputy-governor, and magistrates; it is declared, that the governor, lieutenant-governor, Council and Senate of this Commonwealth, are, and shall be deemed, their successors; who, with the president of Harvard College, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said Act, shall be, and hereby are, vested' with all the powers and authority belonging, or inany way appertaining, to the overseers of Harvard College: provided, power of alter that nothing herein shall be construed to prevent the Legis- tion releiveIl lature of this Commonwealth from making such alterations ture. in the government of the said University, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the Legislature of the late Province of the Massachusetts Bay. [ART. 4. It shall be the duty of the Legislature, as soon Enlargement as may be, to provide for the enlargement of the School of the schoo fund to two Fund of the Commonwealth, until it shall amount to a millions ofdolsum not less than two millions of dollars; and the said larsfund shall be preserved inviolate, and the income thereof To be preserveed inviolate. shall be annually appropriated for the aid and improve- income to be ment of the common schools of the State, and for no other appropriated to common purpose.] schools. ART. 5. Wisdom, and knowledge, as well as virtue, dif- Duty of legisb'sed I~nerally'mong'he body of tlatures and fused generally among the body of the people, being neces- magistrates in 6 34 CONSTITUTION OF MASSACHUSETTS. all utupe- sary for the preservation of their rights and liberties; and riods, as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of Legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the University at Cambridge, public schools, and grammar schools in the towns; to encourage private societies, and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people. CHAPTER XIII. MISCELLANEOUS PROVISIONS. Census. ARTICLE 1. A census of the inhabitants of each city and town in the Commonwealth, on the first day of May, in the year one thousand eight hundred and fifty-five, and on the first day of May of each tenth year thereafter, shall be taken and returned into the secretary's office, on or before the last day of the June following the said first day of May in each of said years; and while the public charges of government,,or any part thereof, shall be assessed on polls and. estates, in -the manner that has hitherto been practised,,in order that such assessments may be made with equality, there shall be Valuation of a valuation of estates within the Commonwealth taken estates once in ftensyea1s. anew once in every ten years at least, and as much oftener as the General Court shall order..OMeersto con- [ART. 2. Persons holding office by election or appointtinue. ment, when this Constitution takes effect, shall con-,tinue to discharge the duties thereof until their term of CONSTITUTION OF MASSACHUSETTS. 35 office shall expire, or officers authorized to perform their duties, or any part thereof, shall be elected and qualified, pursuant to the provisions of this Constitution; when all powers not reserved to them by the provisions of this Constitution shall cease: provided, however, that justices of the peace, justices of the peace and of the quorum, and commissioners of insolvency, shall be authorized to finish and complete all proceedings pending before them at the time, when their powers and duties shall cease, or be altered as aforesaid. All laws in force when this Constitution goes into effect, not inconsistent therewith, shall continue in force until amended or repealed. ART. 3. The Legislature shall provide, from time to time, the mode in which commissions or certificates of election shall be issued to all officers elected pursuant to the Constitution, except in cases where provision is made therein. ART. 4. The governor, by and with the consent of the Council, may at any time, for incapacity, misconduct or inal-administration in their offices, remove from office, clerks of courts, commissioners of insolvency, judges and registers of probate, district-attorneys, registers of deeds, county treasurers, county commissioners, sheriffs, trial justices and justices and clerks of police Courts: provided, that the cause of their removal be entered upon the Records of the Council, and a copy thereof be furnished to the party to be removed, and a reasonable opportunity be given him for defence. And the governor may at any time, if the public exigency demand it, either before or after such entry and notice, suspend any of said officers, and appoint substitutes, who shall hold office until the final action upon the question of removal. ART. 5. Whenever a vacancy shall occur in any elective office, provided for in this Constitution, except that of governor, lieutenant-governor, councillor, senator, member of of the House of Representatives, and town and city officers, the governor for the time being, by and with the advice and consent of the Council, may appoint some suitable person to fill such vacancy, until the next annual election, when the same shall be filled by a new election, in the manner to be provided by law: provided, however, that trial justices shall not be deemed to be town officers for this purpose. ART. 6. All elections provided to be had under this Constitution shall, unless otherwise provided, be first held 36 CONSTITUTION OF MASSACHUSETTS. on the Tuesday next after the first Monday of November, in the year one thousand eight hundred and fifty-four. ART. 7. This Constitution shall go into operation on the first Monday in February, in the year one thousand eight hundred and fifty-four. ART. 8. The terms of all elective officers, not otherwise provided for in this Constitution, shall commence on the first Wednesday in January next after their election.] The word "in- ART. 9. In order to remove all doubt of the meaning of habitant" defined. the word " inhabitant,'" in this Constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district, or plantation, where he dwvelleth, or hath his home. Provision for ART. 10. This form of government shall be enrolled on pubishing an parchment, and deposited in the secretary's office, and be a thisonstitu- part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this Commonwealth, in all future editions of the said laws. CH3APTER XIV. REVISION AND AMENDMENTS OF THE CONSTITUTION. Convention. [ARTICLE 1. A Convention to revise or amend this Constitution may be called and held in the following manner: At the general election in the year one thousand eight hundred and seventy-three, and in each twentieth year thereafter, the qualified voters in State elections shall give in their votes upon the question, " Shall there be a Convention to revise the Constitution? " which votes shall be received, counted, recorded, and declared, in the same manner as in the election of governor; and a copy of the record thereof shall, within one month, be returned to the office of the Secretary of State, who shall, thereupon, examine the same, and shall officially publish the number of yeas and nays, given upon said question, in each town and city, and if a majority of said votes shall be in the affirma CONSTITUTION OF MASSACHUSETTS. 37 tive, it shall be deemed and taken to be the will of the people that a Convention shall meet accordingly; and thereafter, on the first Monday of March ensuing, meetings shall be held, and delegates shall be chosen, in all the towns, cities, and districts, in the Commonwealth, in the manner and number then provided by law for the election of the largest number of representatives, which the towns, cities, and districts shall then be entitled to elect in any year of that decennial period. And such delegates shall meet in Convention at the State House, on the first Wednesday of May nextensuing, and when organized, shall have all the powers necessary to execute the purpose for which such Convention was called; and may establish the compensation of its officers and members, and the expense of its session, for which the governor, with the advice and consent of the council, shall draw his warrant on the treasury. And if such alterations and amendments, as shall be proposed by the Convention, shall be adopted by the people, voting thereon in such manner as the Convention shall direct, the Constitution shall be deemed and taken to be altered or amended accordingly. And it shall be the duty of the proper officers, and persons in authority, to perform all acts necessary to carry into effect the foregoing provisions. ART. 2. Whenever towns or cities containing not less than one-third of the qualified voters of the Commonwealth, shall at any meeting for the election of State officers, request that a Convention be called to revise the Constitution, it shall be the duty of the Legislature, at its next session, to pass an Act for the calling of the same, and submit the question to the qualified voters of the Commonwealth, whether a Convention shall be called accordingly: provided, that nothing herein contained shall impair the powe'r of the Legislature to take action for calling a Convention, without such request, as heretofore practised in the Commonwealth.] ART. 3. If, at any time hereafter, any specific and par- Specfict amendments ticular amendment or amendments to the Constitution be maybeproposed by the proposed in the General Court, and agreed to by a majority legislature. of the senators and two-thirds of the members of the House of Representatives, present and voting thereon, such proposed amendmenlt or amendments shall be entered on the journals of the two Houses, with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published; and if, in the General Court 38 CONSTITUTION OF MASSACHUSETTS. next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the House of Representatives, present and voting thereon; then it shall be the duty of the General Court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the Constitution of this Commonwealth. [ART. 4. The Legislature which shall be chosen at the general election on the Tuesday next after the first Monday in November, in the year one thousand eight hundred and fifty-five, shall divide the State into forty single districts for the choice of senators, such districts to be of contiguous territory, and as nearly equal as may be in the number of Legislature to qualified voters resident in each; and shall also divide the district the State into single or double districts, to be of contiguous terState in 1850. ritory, and as nearly equal as may be in the number of qualified voters resident in each, for tile choice of not less than two hundred and forty, nor more than three hundred and twenty representatives; with proper provisions for districting the Commonwealth as aforesaid, in the year one thousand eight hundred and sixty-six, and every tenth year thereafter; and with all other provisions necessary for The same to be carrying such system of districts into operation; and shall. submitted to he people. submit the same to the people at the general election to be held in the year one thousand eight hundred and fifty-six, for their ratification; and if the same shall be ratified and adopted by the people, it shall become a part of this Constitution in place of the provisions contained in this Constitution for the apportionment of senators and representatives.] CONSTITUTION OF MASSACHUSETTS. 39 Proposition Number Two. The writ of habeas corius shall be granted as of right in Habeas corpus of right. all cases in which a discretion is not' especially conferred upon the court by the Legislature; but the Legislature may Power of legislature. prescribe forms of proceeding preliminary to the obtaining of the writ. Proposition Number Three. In all trials for criminal offences, the jury, after having Rights of ju1ies in criminal received the instruction of the court, shall have the right, in cases. their verdict of guilty or not guilty, to determine the law and the facts of the case, but it shall be the duty of the Duty of the court. court to superintend the course of the trials, to decide upon the admission and rejection of evidence, and upon all questions of law raised during the trials, and upon all collateral and incidental proceedings,; and also to allow bills of exceptions. And the court may grant a new trial in case of conviction. Proposition Number Four, Every person having a claim against the Commonwealth, claims against ought to have a judicial remedy therefor. eth.mmonProposi ion Number Five. No person shall be imprisoned for any debt hereafter con- Imprisonment tracted, unless in cases of fraud. for debt. Proposition Number Six, All moneys raised by taxation in the towns and cities, for Sectarian the support of public schools, and all moneys which may schools be appropriated by the State for the support of common schools, shall be applied to and expended in no other schools 40 CONSTITUTION OF MASSACHUSETTS. than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect, for the maintenance, exclusively, of its own schools. Proposition Number Sevein Corporations. The Legislature shall not create corporations by special act when the object of the incorporation is attainable by general laws. Proposition Number Eight The Legislature shall have no power to pass any act Banks granting any special charter for banking purposes, or any special act to increase the capital stock of any chartered bank; but corporations may be formed for such purposes, or the capital stock of chartered banks may be increased, under general laws. The Legislature shall provide by law for the registry of all notes or bills authorized by general laws to be issued or put in circulation as money; and shall require ample security for the redemption of such notes in specie. COMMONWEALTH OF MASSACHUSETTS. IN CONVENTION, AUGUST 1, 1853. A true copy of the Resolutions adopted by the Convention, and of the several Constitutional propositions annexed. Attest, N. P. BANKS, JR., President. W. S. ROBINSON, )ecretaries. JAS. T. ROBINSON, IN CONvENTION, August 1, 1853. The Committee which was directed to prepare an Address to the People of Massachusetts, ask leave to report the form of such Address. For the Committee, GEO. S. BOUTWELL, Chairmnan. 7 ~rnmwtmalt if on mtimttt ADDRESS To the Peple of 1lMassachusetts: The Convention of Delegates, assembled by your authority and directed to revise the Constitution of this Commonwealth, has now closed its labors; and it seeks only to commend and commit the result to your consideration and final judgment. The necessity for the Convention was great, and its labors have been arduous and protracted. As your delegated we have sought for the principles of freedom in the ancient institutions of the State; but we have thought it wise also to accept the teachings and experience of nearly a century of independent existence. It has then been our purpose to unite in one system of organic law, the principles of American republican institutions, and the experiences of other free States, all contemplated in. the light derived from the history and usages of Massachusetts. And first of all, we think it proper to present for your consideration a complete system of organic law. The present Constitution was adopted in 1780, and there have since been added thirteen important amendments. By these amendments much of the original text is already annulled, and, it is only by a careful and critical analysis and c-,nparison, that the existing provisions can be determined. This ought not to be. Constitutional laws should be plain, that they may be impartially interpreted and faithfully executed, "' that every man may at all times find his security in them." We have not then thought it wise, or even proper, to preserve, as a part of the 44 ADDRESS. Constitution, provisions which have long since been annulled; nor do we feel justified in proposing new specific amendments, whose adoption will render the fundamental law of the Commonwealth more difficult to be understood, and less certain in its requirements. We have, therefore, taken what remains unchanged of the Constitution of 1780, and the subsequent amendments, preserving the original language wherever it appeared practicable, as the basis of a newx Constitution and incorporated therewith, such of the resolutions of this Convention as are necessary to give to the whole, at once, a comprehensive and concise character. This has been our purpose; and if our view of duty is correct, we are entirely justified in submitting so much of our work as will give to the people of Massachusetts a complete system of organic law, as one proposition for your adoption and ratification. it is undoubtedly true, that wheln amendments are specific and not numerous, they should be separately submitted to the judgment of the people; but this mode becomes impracticable in the formation of a new government, or e thorough revision of an old one. Our attention has been necessarily directed to every provision of the Constitution, and but one chapter is preserved in its original forim. It only renmained for us, either to submit our work, to be added to the old Constitution, as specific amendments,' with the conviction that their ratifiatition would render your form of government more complicated than it now is, or else, to embody all of the old and the new that appears necessary to the safe and harmonious action of' the system, and present it as The Constitutaion of Massachusetts. This we now do; and we invite you to consider, that while government is essential to the safety and happiness of each individual, it must necessarily happen that it cannot be in every part alike acceptable to all. "We may not expect," said the founders of the Commonwealth,' to agree in a perfect system of government: this is not the lot of nankind. The great end of government is to promote the supreme good of human society." We commend the new Constitution to you'; not as being perfect, but as greatly to be preferred to the existing framne of government, ADDRESS. 45 It declares the rights and liberties essential to the freedom of the people; it contains, as we believe, a framework arranged according to reason and correct analysis, and it embodies all the fundamental provisions necessary to a just administration of every department of the government. You lwill naturally examine with care the character of the changes w e have proposed We have thought it necessary to make a provision for the purpose of limiting the sessions of the General Court to one hundred days; and to require that the pay of its members shall be fixed by standing laws, At present, the members of the Seate are chosen by the several counties, which elect from one to six senators, upon a general ticket. We have provided for the division of the State into forty districts, of equal. population, and each entitled to elect one senator. The basis of the House of Representatives has been a subject of careful and anxious deliberation. Differences of opinion existed among us; but a majority of more than one hundred members determined to preserve the system of town representation under which IMassachusetts has existed so long and prospered so well WeT have then based the House of Representatives upon the runicipal institutions of the State, having reference, so far as practicable, to their relative population. By the proposed system, towns containing less than one thousand inhabitants, are entitled to elect a representative for the year when the valuation of estates is settled, and one in addition., annually, for five years, out of every decennial period. Towns having a population of one thousand, and not more than four thousand inhabitants, are entitled to elect a representative every year; towns of more than four thousand, and less than eight, will elect two representatives; towns of eight thousand, and less than twelve, will elect three representatives; while towns and cities of twelve thousand inhabitants, will elect four representatives, and one additional representative for each'addition of fout thousand to their population. We do not claim that this system, separately considered, is precisely equal; but if it is in some degree favorable to the rural districts, the loss sustained by the large towns and cities is in a fair measure com 46 ADDRESS. pensated by the manifest advantages accorded to them in the constitution of the Council and the Senate. The inequality of representation between particular towns, when tested solely by population, may, in some cases, apparently be great; but when the rights of different interests and different sections of the Commonwealth are considered in connection with the whole system of elective government, the basis of the House cannot be deemed unequal or unjust. The Senate and Council are based upon population rather than voters, by which the inhabitants of the cities and large towns have influence int these two important departments of the government, quite disproportionate to their just elective power. No human government can attain to theoretic accuracy; and in a state where pursuits, habits and interests are various, it certainly is rot. the part of wisdom to place unlimited power in the hands of any. We invite you to consider that the governor represents the voters of the State; that the Council and Senate represent population, without any reference to voters, and, as a consequence, that these two departments of the government will eventually be in the control of the cities and chief towns; and finally, that we have sought only to secure to the rural districts, and to the agricultural and mechanical population and interests, a reasonable share of power in one branch of the Legislature. This influence gives to this portion of the people, power to assent to, but never to dictate, the policy of the government. The Convention of 1780 declared that "'an exact representation would be impracticable, even in a system. of goveranment arising from the state of nature, and much more so in a State already divided into nearly three hundred corporations.' We have encountered the same difficulty, and hope that we have overcome it, in our day, as well as th0ey overcame it, in their day. But our deliberations have not been confined to the proposed system. Many of'your delegates are of opinion that the State should be divided into districts, for the election of representatives, accorditng to the number of voters in'each. In this opinion a large majority of the Convention do not concur; but we think it our duty, first, to interpret the people's will, and then to give a fair opportu-nity for its expression upon all ques ADDRESS. 47 tions of importance, whenever such a course is practicable. We have therefore made a constitutional provision, that the Legislature of 1856, under the census to be taken in 1855, shall present a district system, which may be then substituted for the one recommended by the Convention, if, in the judgment of the whole people, it is wise to Imake the change. We have also provided that the cities and large towns shall be so districted for the choice of representatives, that no district shall be entitled to elect more than three members. In the judgment of the Convention, the election of many officers on a single general ticket, is not compatible with the freedom and purity of the representative system. The property qualification of the governor and lieutenantgovernor has been abolished. The Council has been made elective by the people in single districts, and the records of that body are hereafter to be subject to public examination.? We have provided that the attorney-general, the secretary of the Commonwealth, the auditor, and the treasure,; o:incers now appointed by the governor or chosen by th- oegislature, shall hereafter be elected annually by the "