THE UNIVERSITY 
 
 OF ILLINOIS 
 LIBRARY 
 
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 UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN 
 

 

 
 
 
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CONSTITUTION 
 
 OR 
 
 FRAME OF GOVERNMENT 
 
 AGREED UPON BY THE 
 
 DELEGATES OF THE PEOPLE 
 
 STATE 
 
 OF THE 
 
 OF MASSACHUSETTS BAY 
 
 
 IN CONVENTION, 
 
 BEGUN AND HELD AT CAMBRIDGE, ON THE FIRST OF SEPTEMBER 1779, AND 
 CONTINUED BY ADJOURNMENTS TO THE SECOND OF MARCH, 1780. 
 
 WITH 
 
 - THE AMENDMENTS ANNEXED. 
 
 DUTTON AND WENTWORTH, STATE PRINTERS. 
 
 1833. 
 
Gre-neml lT\'£.o Hu-sto-n E.oo 
 
 M '3'? 
 
 \1Z0J3 
 
 CONSTITUTION 
 
 OR 
 
 FRAME OF GOVERNMENT. 
 
 PREAMBLE. 
 
 The end of the institution, maintenance and adminis- 
 tration of government, is to secure the existence of the 
 bodj-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 individuals : It is a social compact, by which the 
 whole people covenants with each citizen, and each citi- 
 zen with the whole people, that all shall be governed by 
 
 ^4 
 
8 
 
 certain for the common goodc It is the duty of the 
 people, therefore, in framing a Constitution of Govern- 
 ment, to provide for an equitable mode of making law^s, 
 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, acknowl- 
 edging, 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 peace- 
 ably, 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, or- 
 dain and establish, the following Declaration of Rights, 
 and Frame of Government, as the CONSTITUTION of 
 the COMMONWEALTH of MASSACHUSETTS. 
 
9 
 
 PART THE FIRST. 
 
 A Declaration of the Rights of the Inhabitants of the 
 Commonwealth of Massachusetts. 
 
 Art. I. — All men are born free and equal, and have 
 certain natural, essential, and unalienable rights ; among 
 which may be reckoned the right of enjoying and defend- 
 ing their lives and liberties ; that of acquiring, possessing, 
 and protecting property ; in fine, that of seeking and ob- 
 taining their safety and happiness. ^ 
 
 II. — It is the right as well as the duty of all men in 
 Society, publicly, and at stated seasons, to w-orship the 
 SUPREME 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 worship- 
 ping 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 preservation of a civil government, essentially depend 
 upon piety, religion and morality ; and as these cannot be 
 
 2s 
 
10 
 
 generally diffused through a community, but by the insti- 
 tution of the public worship of GOD, and of public in- 
 structions in piety, religion and morality : Therefore, to 
 promote their happiness and to secure the good order and 
 preservation of their government, the people of this Com- 
 monwealth have a right to invest their 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 re- 
 ligious 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 
 w^here such provision shall not be made voluntarily. 
 
 And the people of this Commonwealth have also a 
 right to, and do, invest their legislature with authority to 
 enjoin upon all the subjects an attendance upon the in- 
 structions of the public teachers aforesaid, at stated times 
 and seasons, if there be any on whose instructions they 
 can conscientiously and conveniently attend. 
 
 Provided notwithstanding, that the several towms, 
 parishes, precincts, and other bodies-politic, or religious 
 societies, shall, at all times, have the exclusive right of 
 electing their public teachers, and of contracting with 
 them for their support and maintenance. 
 
 And all monies paid by the subject to the support of 
 public worship, and of the public teachers aforesaid, shall, 
 if he 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 instruc- 
 tions he attends : otherwise it may be paid towards the 
 support of the teacher or teachers of the parish or pre- 
 cinct in which the said monies are raised. 
 
11 
 
 And every denomination of Christians, demeaning them- 
 selves peaceably, and as good subjects of the Common- 
 wealth, 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. 
 
 IV. — The people of this Commonwealth have the sole 
 and exclusive right of governing themselves as a free, 
 sovereign, and independent state ; and do, and forever 
 hereafter shall, exercise and enjoy every power, jurisdic- 
 tion, and right, which is not, or may not hereafter, be by 
 them expressly delegated to the United States of Ameri- 
 ca, in Congress assembled. 
 
 V. — All power residing originally in the people, and 
 being derived from them, the several magistrates and offi- 
 cers of government, vested with authority, whether legis- 
 lative, executive, or judicial, are their substitutes and 
 agents, and are at all times accountable to them. 
 
 VI. — No man, nor corporation, or association of men, 
 have any other title to obtain advantages, or particular and 
 exclusive privileges, distinct from those of the commu- 
 nity, than what arises from the consideration of services 
 rendered to the public ; and this title being in nature 
 neither hereditary, nor transmissible to children, or de- 
 scendants, or relations by blood, the idea of a man born 
 a magistrate, lawgiver, or judge, is absurd and unnatural. 
 
 VII. — Government is instituted for the common good ; 
 for the protection, safety, prosperity and happiness of the 
 people ; and not for the profit, honor, or private interest 
 of any one man, family, or class of men : Therefore the 
 
12 
 
 people alone have an incontestible, unalienable, and inde- 
 feasible 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 
 authority, from becoming oppressors, the people have a 
 right, 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 ap- 
 pointments. 
 
 IX. — All elections ought to be free; and all the in- 
 habitants of this Commonwealth, having such qualifica- 
 tions as they shall establish by their frame of government, 
 have an equal right to elect officers, and to be elected, for 
 public employments. 
 
 X. — Each individual of the society has a right to be 
 protected by it in the enjoyment of his life, liberty and 
 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 equiv- 
 alent, when necessary : But no part of the property of 
 any individual, 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 controlable by any 
 other laws, than those to which their constitutional re- 
 presentative body have given their consent. And when- 
 ever the public exigencies require, that the property of 
 
13 
 
 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 certain remedy, by having recourse to the laws, for 
 all injuries or wrongs which he may receive in his person, 
 property, or character. He ought to obtain right and jus- 
 tice freely, and without being obliged to purchase it ; com- 
 pletely, and without any denial ; promptly, and without 
 delay ; conformably to the laws. 
 
 XII. — No subject shall be held to answer for any crime 
 or offence, until the same is fully and plainly, substantially 
 and formally, described to him ; or be compelled to ac- 
 cuse, 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 him- • 
 self, or his council, at his election. And no subject shall 
 be arrested, imprisoned, despoiled, or deprived of his pro- 
 perty, immunities, or privileges, put out of the protec- 
 tion 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, with- 
 out trial by jury. 
 
 XIII. — In criminal prosecutions, the verification of facts 
 in the vicinity where they happen, is one of the greatest 
 securities of the life, liberty, and property of the citizen. 
 
 XIV. — Every subject has a right to be secure from all 
 
14 
 
 unreasonable 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 foun- 
 dation 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. 
 
 XV. — In all controversies concerning property, and in 
 all suits between two or more persons, except in cases in 
 w'hich it has heretofore been otherways used and prac- 
 tised, 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. 
 
 XVI. — The liberty of the press is essential to the se- 
 curity of freedom in a state : it ought not, therefore, to be 
 restrained in this Commonwealth. 
 
 XVII. — The people have a right to keep and to bear 
 arms for the common defence. And as in time of peace 
 armies are dangerous to liberty, they ought not to be 
 maintained without the consent of the legislature ; and 
 the military power shall always be held in an exact 
 subordination to the civil authority, and be governed 
 by it. 
 
 XVIII. — A Frequent recurrence to the fundamental 
 
15 
 
 principles of the constitution, and a constant adiierence 
 to those of piety, justice, moderation, temperance, indus- 
 try, and frugality, are absolutely necessary to preserve 
 the advantages of liberty, and to maintain a free govern- 
 ment : The people ought, consequently, to have a par- 
 ticular attention to all those principles, in the choice of 
 their officers and representatives : And they have a right 
 to require of their law-givers and magistrates, an exact 
 and constant observance of them, in the formation and 
 execution of the laws necessary for the good administra- 
 tion of the Commonwealth. 
 
 XIX. — The people have a right, in an orderly and 
 peaceable manner, to assemble to consult upon the com- 
 mon good ; give instructions to their representatives ; and 
 to request of the legislative body, by the way of address- 
 es, petitions, or remonstrances, redress of the wrongs 
 done them, and of the grievances they suffer. 
 
 XX. — The power of suspending the laws, or the exe- 
 cution of the laws, ought never to be exercised but by 
 the legislature, or by authority derived from it, to be ex- 
 ercised in such particular cases onjy as the legislature 
 shall expressly provide for. 
 
 XXI. — The freedom of deliberation, speech and de- 
 bate, in either house of the legislature, is so essential to 
 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. 
 
 XXII. — The legislature ought frequently to assemble 
 for the redress of grievances, for correcting, strengthen- 
 
16 
 
 ing, and confirming the laws, and for making new laws, 
 as the common good may require* 
 
 XXIII. — No subsidy, charge, tax, impost, or duties, 
 ought to be established, fixed, laid, or levied, under any 
 pretext whatsoever, without the consent of the people, or 
 their representatives in the legislature. 
 
 XXIV. — Laws made to punish for actions done before 
 the existence of such laws, and which have not been de- 
 clared crimes by preceding laws, are unjust, oppressive, 
 and inconsistent with the fundamental principles of a free 
 government. 
 
 XXV. — No subject ought, in any case, or in any time, 
 to be declared guilty of treason or felony by the legisla- 
 ture. 
 
 XXVI. — No magistrate or court of law shall demand 
 excessive bail or sureties, impose excessive fines, or in- 
 flict cruel or unusual punishments. 
 
 XXVII. — In time of peace no soldier ought to be quar- 
 tered in any house without the consent of the owner ; 
 and in time of war such quarters ought not to be made 
 but by the civil magistrate, in a manner ordained by the 
 legislature. 
 
 '^I^JLyilL- — Nq|J)^t^^on can in any case be subjected to 
 lawriiiarti^l, o^to any penalties or pains, by virtue of that 
 law, except 4hose^ej[nployed in the army or navy, and ex- 
 cept the militia'^ service, but by authority of the 
 
 legislature. 
 
17 
 
 XXIX. — It is essential to the preservation of the rights 
 of every individual, his life, liberty, property and charac- 
 ter, that there be an impartial interpretation of the laws, 
 and administration of justice. It is the right of every citi- 
 zen to be tried by judges as free, impartial and independ- 
 ent as the lot of humanity will admit. It is therefore not 
 only the 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 as long as 
 they behave themselves well ; and that they should have 
 honorable salaries ascertained and established by standing 
 laws. 
 
 XXX. — In the government of this Commonwealth, the 
 legislative department shall never exercise the executive 
 and judicial powers, or either of them : The executive 
 shall never exercise the legislative and judicial powders, 
 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. 
 
 3s 
 
18 
 
 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 MAS- 
 SACHUSETTS. 
 
 CHAPTER I. 
 
 The Legislative Power. 
 
 SECTION I. 
 
 The General Court, 
 
 Art. I. — The department of legislation shall be formed 
 by two branches, a Senate and House of Representatives : 
 each of which shall have a negative on the other. 
 
 The legislative body shall assemble every year, on the 
 last Wednesday in May, and at such other times as they 
 shall judge necessary ; and shall dissolve and be dissolved 
 on the day next preceding the said last Wednesday in 
 
19 
 
 May ; and shall be styled, The General Court of Mas- 
 sachusetts, 
 
 II. — No bill or resolve of the Senate or House of Re- 
 presentatives 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 re- 
 solve, he shall return the same, together with his objec- 
 tions thereto, in writing, to the Senate or House of Re- 
 presentatives, in which soever the same shall have origin- 
 ated ; who shall enter the objections sent down by the 
 Governor, at large, on their records, and proceed to re- 
 consider the said bill or resolve : But if, after such recon- 
 sideration, two thirds of the said Senate or House of Re- 
 presentatives, shall, notwithstanding the said objections, 
 agree to pass the same, it shall, together with the objec- 
 tions, 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 deter- 
 mined 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 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. 
 
 HI. — The General Court shall forever have full power 
 and authority to erect and constitute judicatories and 
 courts of record, or other courts, to be held in the name 
 
20 
 
 of the Commonwealth, for the hearing, trying, and deter- 
 mining of all manner of crimes, offences, pleas, processes, 
 plaints, actions, matters, causes and things, whatsoever, 
 arising or happening within the Commonwealth, or be- 
 tween 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 capi- 
 tal, and whether the said pleas be real, personal, or mixt ; 
 and for the awarding and making out of execution there- 
 upon : To which courts and judicatories are hereby given 
 and granted full power and authority, from time to time, 
 to administer oaths or affirmations, for the better discove- 
 ry of truth in any matter in controversy or depending be- 
 fore them. 
 
 IV. — And further, full power and authority are hereby 
 given 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 or- 
 dinances, 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 govern- 
 ment and ordering thereof, and of the subjects of the 
 same, and for the necessary support and defence of the 
 government thereof ; and to name and settle annually, or 
 provide by fixed laws, for the naming and settling all civil 
 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, 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 admin- 
 
21 
 
 istered unto them for the execution of their several offices 
 and places, so as the same be not rejiugnant or contrary 
 to this Constitution ; and to impose and 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 
 levy reasonable duties and excises, upon any produce, 
 goods, wares, merchandize, 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 consent of the Council, for the 
 public service, in the necessary defence and support of the 
 government of the said Commonwealth, and the protec- 
 tion 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 thereof, shall be assessed on poles and estates, in the 
 manner that has hitherto been practised, in order that 
 such assessments 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. 
 
22 
 
 CHAPTER I. 
 
 SECTION II. 
 
 Senate. 
 
 Art. I. — There shall be annually elected by the free- 
 holders and other inhabitants of this Commonwealth, 
 qualified as in this Constitution is provided, forty persons 
 to be Counsellors 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 made known to the inhabitants of the Com- 
 monwealth, 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. 
 
 And the several counties in this Commonwealth shall, 
 until the General Court shall determine it necessary to 
 alter the said districts, be districts for the choice of Coun- 
 sellors 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 Coun- 
 sellors and Senators, viz : 
 
 Suffolk 
 
 Six 
 
 York 
 
 Two 
 
 Essex 
 
 Six 
 
 Dukes County ) 
 
 One 
 
 Middlesex 
 
 Five 
 
 and Nantucket i 
 
23 
 
 Hampshire Four Worcester 
 
 Plymouth Three Cumberland 
 
 Barnstable One Lincoln 
 
 Bristol Three Berkshire 
 
 Five 
 
 One 
 
 One 
 
 Two. 
 
 II. — The Senate shall be the first branch of the legis- 
 lature ; and the Senators shall be chosen in the following 
 manner, viz : There shall be a meeting on the first Mon- 
 day in April annually, forever, of the inhabitants of each 
 town in the several counties 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 inhabitant 
 of twenty-one years of age and upwards, having a free- 
 hold 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 Sen- 
 ators for the district of which he is an inhabitant. And to 
 remove all doubts concerning the meaning of 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 dwell- 
 eth, or hath his home. 
 
 The Selectmen of the several towns shall preside at 
 such meetings impartially ; and shall receive the votes of 
 all the 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, of the name of every person voted 
 for, and of the number of votes against his name ; and a 
 
24 
 
 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 con- 
 tents thereof, and delivered by the Town-Clerk of such 
 towns, to the Sheriff’ of the county in which such town 
 lies, thirty days at least before the last Wednesday in May 
 annually ; or it shall be delivered into the Secretary’s of- 
 fice^seventeen days at least before the said last Wednes- 
 day % 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, qua- 
 lified as this Constitution provides, who are or shall be 
 empowered and required to assess taxes upon themselves 
 toward the support 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 the plantation-meetings for 
 that purpose shall be held annually on the same first Mon- 
 day in April, at such place in the plantations respectively, 
 as the Assessors thereof shall direct ; which Assessors 
 shall have like authority for notifying the electors, col- 
 lecting and returning the votes, as the Selectmen and 
 Town-Clerks have in their several towns, by this Consti- 
 tution. And all other persons living in places unincorpo- 
 rated (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 
 
25 
 
 Selectmen of the town where tlicj shall ho assessed, for 
 that purpose, accordingly. 
 
 III. — And that there may be a due convention of Sen- 
 ators on the last Wednesday in May annually, the Gover- 
 nor, with five of the Council, for the time being, shall, as 
 soon as may be, examine the returned copies of such rec- 
 ords ; and fourteen days before the said day he shall issue 
 his summons to such 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 ^hall 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. 
 
 IV. — The Senate shall be the final judge of the elec- 
 tions, returns and qualifications of their own members, as 
 pointed out in the Constitution; and shall, on the said last 
 Wednesday in May annually, determine and declare who 
 are elected by 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 fol- 
 lowing manner, viz. The members of the blouse of Re- 
 presentatives, and such Senators as shall be declared elect- 
 ed, 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 
 
 4 s 
 
26 
 
 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. 
 
 V. — Provided nevertheless, that no person shall be 
 capable 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. 
 
 VI. — The Senate shall have power to adjourn them- 
 selves, provided such adjournments do not exceed two 
 days at a time. 
 
 VII. — The Senate shall choose its own President, ap- 
 point its own officers, and determine its own rules of pro- 
 ceeding. 
 
 VIII. — The Senate shall be a court with full authority 
 to hear and determine all impeachments made by the 
 House of Representatives, against any officer or officers 
 of the Commonwealth, for misconduct and mal-adminis- 
 tration in their offices. But, previous to the trial of every 
 impeachment, the members of the Senate shall respective- 
 ly be sworn, truly and impartially to try and determine 
 the charge in question, according to evidence. Their 
 
27 
 
 judgment, however, shall not extend further than to re- 
 moval from office and disqualification 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. 
 
 IX. — Not less than sixteen members of the Senate shall 
 constitute a quorum for doing business. 
 
 CHAPTER I. 
 SECTION III. 
 
 House of Representatives, 
 
 Art. I. — There shall be in the Legislature of this 
 Commonwealth, a representation of the people, annually 
 elected, and founded upon the principle of equality. 
 
 II. — And in order to provide for a representation of the 
 citizens of this Commonwealth, founded upon the princi- 
 ple of equality, every corporate town, containing one 
 hundred and fifty rateable polls, may elect one Represent- 
 ative : Every corporate town, containing three hundred 
 and seventy-five rateable polls, may elect two Represent- 
 atives : Every corporate town, containing six hundred 
 
28 
 
 rateable polls, may elect three Representatives ; and pro- 
 ceeding in that manner, making two hundred and twenty- 
 five rateable polls the mean increasing number for every 
 additional Representative. 
 
 PnoviDED nevertheless, that each town now incorpo- 
 rated, not having one hundred and fifty rateable polls, 
 may elect one Representative : but no place shall here- 
 after be incorporated with the privilege of electing a Re- 
 presentative, unless there are within the same one hun- 
 dred and fifty rateable polls. 
 
 And the House of Representatives shall have power, 
 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. 
 
 The expenses of travelling to the General Assembly, 
 and returning home, once in every session, and no more, 
 shall be paid by the government, out of the public treasu- 
 ry, to every member who shall attend as seasonably as he 
 can in the judgment of the House, and does not depart 
 without leave. 
 
 HI. — Every member of the House of Representatives 
 shall be chosen by written votes ; and for one year at least 
 next preceding 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 rateable 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. 
 
 IV. — Every male person, being twenty-one years of 
 age, and resident in any particular town in this Common- 
 
29 
 
 wealth for the space of one year next preceding, having 
 a freehold estate within the same town, of the annual in- 
 come of three pounds, or any estate of the value of sixty 
 pounds, shall have a right to vote in the choice of a Re- 
 presentative or Representatives for* the said town. 
 
 y._-TiiE members of the House of Representatives, 
 shall be chosen annually in the month of May, ten days 
 at least before the last Wednesday of that month. 
 
 VI. — The House of Representatives shall be the Grand 
 Inquest of this Commonwealth ; and all impeachments 
 made by them shall be heard and tried by the Senate. 
 
 Vn. — A ll money-bills shall originate in the House of 
 Representatives ; but the Senate may propose or concur 
 with amendments, as on other bills. 
 
 VII I. — The House of Representatives shall have pow- 
 er to adjourn themselves ; provided such adjournment shall 
 not exceed two days at a time. 
 
 IX. — Not less than sixty members of the House of 
 Representatives shall constitute a quorum for doing busi- 
 ness. 
 
 X. — The House of Representatives shall be the Judge 
 of the returns, elections, and qualifications of its own 
 members, as pointed out in the constitution ; shall choose 
 their own Speaker ; appoint their own officers, and settle 
 the rules and orders of proceeding in their own house : 
 They shall have authority to punish by imprisonment, 
 every person, not a member, who shall be guilty of dis- 
 
30 
 
 respect to the House, by any disorderly, or contemptuous 
 behaviour, in its presence ; or who, in the town 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, for any thing said or done in the House ; 
 or who shall assault any of them therefor ; or who shall 
 assault, or arrest, any witness, or other person, ordered 
 to attend the House, in his w^ay 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 arrested, or held to bail on mean process, during his 
 going unto, returning from, or his attending, the General 
 Assembly. 
 
 XI. — The Senate shall have the same powers in the 
 like cases ; and the Governor and Council shall have the 
 same authority to punish in like cases. Provided, that no 
 imprisonment on the warrant or order of the Governor, 
 Council, Senate, or House of Representatives, for either 
 of the above described offences, be for a term exceeding 
 thirty days. 
 
 And the Senate and House of Representatives may try, 
 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 respect- 
 ively think best. 
 
31 
 
 CHAPTER II. 
 
 Executive Power. 
 
 SECTION I. 
 
 Governor. 
 
 Art. I. — There shall be a Supreme Executive Ma- 
 gistrate, who shall be styled, THE GOVERNOR 
 OF THE COMMONWEALTH OF MASSACHU- 
 SETTS ; and whose title shall be — HIS EXCELLEN- 
 CY. 
 
 II. — The Governor shall be chosen annually : And 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 ; and un- 
 less 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 unless he shall declare him- 
 self to be of the Christian religion. 
 
 III. — Those persons who shall be qualified to vote for 
 Senators and Representatives within the several towns 
 of this Commonwealth, shall, at a meeting, to be called 
 for that purpose, on the first Monday of April annually, 
 
 , give in their votes 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, 
 
32 
 
 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 bj him and the Selectmen, and transmit the same 
 to the Sheriff of the countj, thirty days at least before 
 the last Wednesday in May ; and the Sheriff shall trans- 
 mit the same to the Secretary’s office seventeen days at 
 least before the said last Wednesday in May ; or the Se- 
 lectmen 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 day ; and the Secretary shall 
 lay the same before the Senate and the House of Repre- 
 sentatives, on the last Wednesday in May, to be by' them 
 examined : And in case of an election by a majority of all 
 the votes returned, the choice shall be by them declared 
 and published : But if no person shall have a majority of 
 votes, the House of Representatives shall, by ballot, elect 
 two out of four persons who had the highest number of 
 votes, if so many shall have been voted for ; but, if other- 
 wise, 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, at his discretion, to assemble and call together the 
 Counsellor^ 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 
 
S3 
 
 of the Commonwealth, agreeably to the Constitution and 
 the laws of the land. 
 
 V. — The Governor, with advice of Council, shall have 
 full power and authority, during the session of the Gene- 
 ral 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 said Court, to prorogue the same from 
 time to time, not exceeding 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 Com- 
 monwealth 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 the day next preceding the last Wednesday in May. 
 
 VI. — In cases of disagreement between the tw6 Hous- 
 es, with regard to the necessity, expediency or time of 
 adjournment, or prorogation, the Governor, with advice 
 of the Council, shall have a right to adjourn or prorogue 
 the General Court, not exceeding ninety days, as he shall 
 determine the public good shall require. 
 
 VII. — The Governor of this Commonvyealth, for the 
 time 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 
 
 5 s 
 
54 
 
 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 Com-^ 
 monwealth, to assemble in martial array, and put in war- 
 like posture, the inhabitants thereof, and to lead and con- 
 duct 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 fitting ways, enterprizes and means whatsoever, all 
 and every such person and persons as shall, at any time 
 hereafter, in a hostile manner, attempt or enterprize the 
 destruction, invasion, detriment, or annoyance of this 
 Commonwealth ; and to use and exercise, over the 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 Common- 
 wealth ; and that the Governor be intrusted with all these 
 and other powers, incident to the offices of Captain-Gene- 
 ral and Commander-in Chief, and Admiral, to be exer- 
 cised agreeably to the rules and regulations of the Con- 
 stitution, and the law s of the land, and not otherwise. 
 
 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 legisla- 
 ture, transport any of the inhabitants of this Common- 
 wealth, or oblige them to march out of the limits of the 
 same, without their free and voluntary consent, or the 
 
35 
 
 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. 
 
 VIII. — The power of pardoning offences, except such 
 as persons may be convicted of before the Senate by an 
 impeachment of the House, shall be in the Governor, by 
 and with the advice of Council : But no charter of par- 
 don, granted by the Governor, with advice of the Coun- 
 cil, before conviction, shall avail the party pleading the 
 same, notwithstanding any general or particular expres- 
 sions contained therein, descriptive of the offence, or of- 
 fences intended to be pardoned. 
 
 IX. — All judicial officers, the Attorney-General, the 
 Solicitor-General, all Sheriffs, Coroners, and Registers of 
 Probate, shall be nominated and appointed by the Gover- 
 nor, by and with the advice and consent of the Council ; 
 and every such nomination shall be made by the Gover- 
 nor, and made at least seven days prior to such appoint- 
 ment. 
 
 X. — The Captains and subalterns of the militia shall 
 be elected by the written votes of the train-band and 
 alarm list of their respective companies, of twenty-one 
 years of age and upwards : The field-officers of Regi- 
 ments shall be elected by the written votes of the cap- 
 tains and subalterns of their respective regiments : The 
 Brigadiers shall be elected in like manner, by the field- 
 officers of their respective brigades : And such officers, so 
 elected, shall be commissioned by the Governor, who shall 
 determine their rank. 
 
36 
 
 The Legislature shall, by standing laws, direct the 
 time and manner of convening the electors, and of coL 
 lecting votes, and of certifying to the Governor the offi- 
 cers elected. 
 
 The Major-Generals shall be appointed by the Senate 
 and House of Representatives, each having a negative 
 upon the other ; and be commissioned by the Governor. 
 
 And if the electors of Brigadiers, field-officers, captains 
 or subalterns, shall neglect or refuse to make such elec- 
 tions, after being duly notified, according to the laws for 
 the time being, then the Governor, with advice of Coun- 
 cil, shall appoint suitable persons to fill such offices. 
 
 And no officer, duly commissioned to command in the 
 militia, shall he removed from his office, but by the ad- 
 dress of both houses to the Governor, or by fair trial in 
 court martial, pursuant to the laws of the Commonwealth 
 for the time being. 
 
 The commanding officers of regiments shall appoint 
 their Adjutants and Quarter-masters ; the Brigadiers their 
 Brigade-Majors ; and the Major-Generals their aids : and 
 the Governor shall appoint the Adjutant General. 
 
 The Governor, with advice of Council, shall appoint 
 all officers of the continental army, whom by the confed- 
 eration of the United States it is provided that this Com- 
 monwealth shall appoint,— as also all officers of forts and 
 garrisons. 
 
 The divisions of the militia into brigades, regiments 
 and 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. 
 
 XI. — No monies shall be issued out of the treasury of 
 
31 
 
 this Commonwealth, and disposed of (except such sums 
 as may be appropriated for the redemption of oills of 
 credit or Treasurer’s notes, or for the payment of imprest 
 arising thereon) but by warrant under the hand of the 
 Governor for the lime being, with the advice and consent 
 of the Council, for the necessary defence and support of 
 the Commonwealth ; and for the protection and preserva- 
 tion of the inhabitants thereof, agreeably to the acts and 
 resolves of the General Court. 
 
 XII. — All public boards, the Commissary-General, all 
 superintending officers of public magazines and stores, be- 
 longing to this Commonwealth, and all commanding offi- 
 cers 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, ammuni- 
 tion, 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 particular- 
 ly 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 har- 
 bor or harbors adjacent. 
 
 And the said boards, and all public officers, shall com- 
 municate to the Governor, as soon as may be after re- 
 ceiving the same, all letters, dispatches, and intelligences 
 of a public nature, which shall be directed to them re- 
 spectively. 
 
 XIII. — As the public good requires that the Governor 
 
38 
 
 should ibt be under the undue influence of any of the 
 memyrs of the General Court, by a dependence on them 
 for ms support — that 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 have an honor- 
 able stated salary, of a fixed and permanent value, amply 
 sufficient for those purposes, and established by standing 
 laws : x\nd 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 estab- 
 lished by law for the Justices of the Supreme Judicial 
 Court. 
 
 And if it shall be found, that any of the salaries afore- 
 said so established, are insufficient, they sha^l, from time 
 to time, be enlarged, as the General Court shall judge 
 proper. 
 
39 
 
 CHAPTER II. 
 
 SECTION IT. 
 
 Lieutenant- Governor. 
 
 Art. I. — There shall be annually elected a Lieute- 
 nant-Governor of the Commonwealth of Massachusetts, 
 whose title shall be HIS HONOR — and who shall be 
 qualified, in point of religion, property, and residence in 
 the Commonwealth, in the same manner with the Gov- 
 ernor : And the day and manner of his election, and the 
 qualifications of the electors, shall be the same as are 
 required in the election of a Governor. The return of 
 the votes for this officer, and the declaration of his elec- 
 tion, shall be in the same manner : And if no one person 
 shall be found to have a majority of all the votes return- 
 ed, 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 ma- 
 jority of the votes of the people to be Governor. 
 
 II. — The Governor, and in his absence the Lieutenant- 
 Governor, shall be President of the Council, but shall 
 have no vote in Council: And the Lieutenant-Governor 
 shall always be a member of the Council, except when 
 the chair of the Governor shall be vacant. 
 
 HI. — Whenever the chair of the Governor shall be 
 vacant, by reason of his death, or absence from the Com- 
 
40 
 
 mon wealth, or otherwise, the Lieutenant-Governor, for 
 the time being, shall, 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 person- 
 ally present. 
 
 9 
 
 CHAPTER II. 
 
 SECTION III. 
 
 Council^ and the Manner of Settling Elections hy the 
 Legislature. 
 
 Art. I. — There shall be a Council for advising the 
 Governor in the executive part of 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 or- 
 dering and directing the affairs of the Commonwealth, 
 according to the laws of the land. 
 
 II. — Nine Counsellors shall be annually chosen from 
 among the persons returned for Counsellors and Senators, 
 
41 
 
 on the last Wednesday in May, by the joint ballot of the 
 Senators and 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 ac- 
 cept 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 constitute 
 the Senate for the year. The seats of the persons thus 
 elected from the Senate, and accepting the trust, shall 
 be vacated in the Senate. 
 
 III. — Ti!e Counsellors, in the civil arrangements of 
 the Commonwealth, shall have rank next after the Lieu- 
 tenant-Governor. 
 
 IV. — Not more than two Counsellors shall be chosen 
 out of any one district of this Commonwealth. 
 
 V. — The resolutions and advice of the Council shall 
 be recorded 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 reso- 
 lution of the majority. 
 
 VI. — Whenever the office of the Governor and Lieu- 
 tenant Governor shall be vacant, by reason of death, 
 absence, or otherwise, then the Council, or the major 
 part of them, shall, during 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 
 
 6 s 
 
42 
 
 Constitution, do or execute, if they, or either of them, 
 were personally present. 
 
 VII. — And whereas the elections appointed to be 
 made by this Constitution, on the last Wednesday in 
 May 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. And the order of elections shall be as 
 follows ; the vacancies in tbe Senate, if any, shall first 
 be filled up; the Governor and Lieutenant-Governor 
 shall then be elected, provided there should be no 
 choice of them by the people : And afterwards the two 
 
 Houses shall proceed to the election of the Council. 
 
 CHAPTER II. 
 
 SECTION IV. 
 
 Secretary^ Treasurer^ Commissary, 
 
 Art. I. — The Secretary, Treasurer and Receiver- 
 General, and the Commissary-General, Notaries-Pub- 
 lic, and Naval-Officers, shall be chosen annually by 
 joint ballot of the Senators and Representatives in 
 one room. And that the citizens of this Common- 
 wealth may be assured, from time to time, that the 
 
43 
 
 monies remaining in the public Treasury, upon the 
 settlement and liquidation of the public accounts, are 
 their property, no man shall be eligible as Treasurer and 
 Receiver-General more than five years successively. 
 
 II. — The records of the Commonwealth shall be kept 
 in the office of the Secretary, who may appoint his De- 
 puties, for whose conduct he shall be accountable, and 
 he shall attend the Governor and Council, the Senate 
 and House of Representatives, in person, or by his depu- 
 ties, as they shall respectively require. 
 
 CHAPTER III. 
 
 Judiciary Power, 
 
 Art. I. — The tenure that all commission officers shall 
 by law have in their offices, shall be expressed in their 
 respective commissions. All judicial officers, duly ap- 
 pointed, commissioned and sworn, shall hold their offi- 
 ces during good behaviour, excepting such concerning 
 whom there is different provision made in this Constitu- 
 tion : Provided, nevertheless, the Governor, with con- 
 sent of the Council, may remove them upon the address 
 of both Houses of the Legislature. 
 
 II. — Each branch of the Legislature, as well as the 
 
44 
 
 Governor and Council, shall have authority to require 
 the opinions of the Justices of th6 Supreme Judicial 
 Court, upon important questions of law, and upon sol- 
 emn occasions. 
 
 III. — In order that the people may not suffer from 
 the long continuance in place of any Justice of the 
 Peace, who shall fail of discharging the important du- 
 ties 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 ap- 
 pointed, as shall most conduce to the well being of the 
 Commonwealth, 
 
 IV^‘ — The Judges of Probate of Wills, and for grant- 
 ing letters 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 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 appeals from the Judges of Probate, shall be 
 heard and determined by the Governor and Council 
 until the Legislature shall, bylaw, make other provision. 
 
45 
 
 CHAPTER IV. 
 
 Delegates to Congress. 
 
 The delegates of this Commonwealth to the Congress 
 of the United States, shall, sometime in the month of 
 June annually, be elected by the joint ballot of the Sen- 
 ate and House of Representatives, assembled together 
 in one room ; to serve in Congress for one year, to com- 
 mence on the first Monday in November then next en- 
 suing. 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 the year one thousand six hundred and thirty 
 six, laid the foundation of Harvard-College, in which 
 
46 
 
 University many persons of great eminence have, by the 
 blessing of GOD, been initiated in those arts and scien- 
 ces, 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 reli- 
 gion, and the great benefit of this, and the other United 
 States of America — It is declared. That the PRESI- 
 DENT AND FELLOWS OF HARVARD-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 Fel- 
 lows 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 Cam- 
 bridge, in New-England, or to the President and Fellows 
 of Harvard-College, or to the said College, by some other 
 description, 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. 
 
47 
 
 HI. — 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 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-Gov- 
 ernor, Council and Senate of this Commonwealth, are, 
 and shall be deemed, their successors; who, with the 
 President of Harvard-College, for the time being, to- 
 gether 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 in any way appertaining to 
 the Overseers of Harvard-College ; provided, that no- 
 thing herein shall be construed to prevent the Legisla- 
 ture of this Commonwealth from making such altera- 
 tions 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. 
 
48 
 
 CHAPTER V. 
 SECTION II. 
 
 The Encouragement of Literature^ 
 
 Wisdom, and knowledge, as well as virtue, diffused 
 generally among the body of the people, being neces- 
 sary 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 of the people, 
 it shall be the duty of legislators and magistrates, in all 
 future periods of this Commonwealth, to cherish the in- 
 terests of literature and the sciences, and all seminaries 
 of them ; especially the university at Cambridge, public 
 schools, and grammar schools in the towns ; to encour- 
 age 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, hon- 
 esty and punctuality in their dealings ; sincerity, good 
 humor, and all social affections, and generous senti- 
 ments among the people. 
 
49 
 
 G II AFTER VI. 
 
 Oaths and Subscriptions ; Incompatibility of and Exclu- 
 sion from Offices ; Pecuniary Qualifications ; Commis- 
 sions ; Writs ; Confirmation of Laws ; Habeas Cor- 
 pus ; 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. — 
 
 “ I, A. B. do declare, that 1 believe the Christian re- 
 ligion, and have a firm persuasion of its truth ; and that 
 I am seized and possessed, in my own right, of the prop- 
 erty required by the Constitution as one qualification for 
 the office or place to which I am elected.” 
 
 And the Governor, Lieutenant-Governor, and Coun- 
 sellors, shall make and subscribe the said declaration, 
 in the presence of the two Houses of Assembly ; and 
 the Senators and Representatives first elected under this 
 Constitution, before the President and five of the Coun- 
 cil 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 com- 
 missioned 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 
 7 s 
 
50 
 
 and subscribe the following declaration, and oaths or 
 affirmations, viz. — 
 
 “I, A. B. do truly and sincerely acknowledge, pro- 
 fess, testify and declare, that the Commonwealth of 
 Massachusetts is, and of right ought to be, a free, sove- 
 reign and independent State ; and I do swear, that I 
 will bear true faith and allegiance to the said Common- 
 wealth, 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 oth- 
 er foreign power whatsoever : And that no foreign 
 Prince, Person, Prelate, State or Potentate, hath, 
 or ought to have, any jurisdiction, superiority, pre- 
 eminence, authority, dispensing or other power, in any 
 matter, civil, ecclesiastical or spiritual, within this Com- 
 monwealth ; 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 de- 
 clare, that no man or body of men hath or can have 
 any right to absolve or discharge me from the obliga- 
 tion 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 ac- 
 ceptation of the foregoing words, without any equivoca- 
 tion, 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 Constitu- 
 
51 
 
 tion, and the laws of this 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 forego- 
 ing form, and subscribe the same, omitting the words 
 “ / do swear , “ and abjure , “ oath orj^ ‘‘ and abju- 
 ration,'^^ 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 
 1 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 Coun- 
 cil 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 Supreme Judicial Court, shall hold any other office 
 or place, under the authority of this Commonwealth, 
 except such as by this Constitution they are admitted to 
 hold, saving that the Judges of the said Court may hold 
 the offices of Justices of the Peace through the State ; 
 nor shall they hold any other place or office, or receive 
 any pension or salary from any other State or Govern- 
 ment or Power whatever. 
 
52 
 
 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 Probate — or Register of Deeds— and never 
 more than any two offices which are to be held by 
 appointment of the Governor, or the Governor and Coun- 
 cil, 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. 
 
 No person holding the office of Judge of the Supreme 
 Judicial Court— Secretary — Attorney General — Solici- 
 tor General — Treasurer or Receiver General — Judge 
 of Probate — Commissary General — President, Profes- 
 sor, 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 descrip- 
 tion 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. 
 
 And the same rule shall take place in case any judge 
 of the said Supreme Judicial Court, or Judge of Pro- 
 bate, shall accept a seat in Council ; or any Counsellor 
 shall accept of either of those offices or places. 
 
 And no person shall ever be admitted to hold a seat 
 in the Legislature, or any office of trust or importance 
 under the Government of this Commonwealth, who 
 
53 
 
 shall, ih the due course of law, have been convicted of 
 bribery or corruption in obtaining an election or appoint- 
 ment. 
 
 III. — In all cases where sums of money are mention- 
 ed in this Constitution, the value thereof shall be com- 
 puted in silver at six shillings and eight pence per ounce : 
 And it shall be in the power of the Legislature from 
 time to time to increase such qualifications, as to prop- 
 erty, of the persons to be elected to offices, as the cir- 
 cumstances of the Commonwealth shall require. 
 
 IV. — All commissions shall be in the name of the 
 Commonwealth of Massachusetts, signed by the Gov- 
 ernor, and attested 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 Courts of law, shall be in the name of the Com- 
 monwealth 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 adopt- 
 ed, used, and approved in the Province, Colony or 
 State of Massachusetts 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 liber- 
 ties contained in this Constitution. 
 
54 
 
 VIL— The privilege and benefit of the writ of habeas 
 corpus shall be enjoyed in this Commonw^ealth in the 
 most free, easy, cheap, expeditious and ample manner ; 
 and slxall 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, statutes and laws, shall be — “ Be it enacted by the 
 Senate and House of Representatives, in General Court 
 assembled, and by the authority of the same.” 
 
 IX. — To the end there nriay be no failure of justice or 
 danger arise to the Commonwealth from a change of 
 the Form of 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 ap- 
 pointed in their stead : And all courts of law shall pro- 
 ceed in the execution of the business of their respective 
 departments ; and all the executive and legislative offi- 
 cers, bodies and powers shall continue in full force, in 
 the enjoyment and exercise of all their trusts, employ- 
 ments 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. 
 
 X. — In order the more effectually to adhere to the 
 principles of the Constitution, and to correct those vio- 
 
55 
 
 lations 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 tlie 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 unincor- 
 porated plantations, directing them to convene the qua- 
 lified voters of their respective towns and plantations 
 for the purpose of collecting their sentiments on the ne- 
 cessity or expediency of revising the Constitution, in 
 order to amendments. 
 
 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 pre- 
 cepts, 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 pur- 
 pose 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. 
 
 XI. — This form of government shall be enrolled on 
 parchment, and deposited in the Secretary’s office, and 
 be a 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. 
 
 JAMES BOWDOIN, President 
 
 Attest, SAMUEL BARRETT, Secretary, 
 
56 
 
 ARTICLES OF AMENDMENT OF THE CON- 
 STITUTION, submitted by Delegates in Conven- 
 tion assembled^ November 15, 1820, to the People; 
 and by them ratified and adopted April 9, 1821, cer- 
 tified by a Committee of the Convention, May 24, 
 1821, and presented to the General Court, May 30, 
 1821. 
 
 “Art. 1. — If any bill or resolve shall be objected 
 to, and not approved by the Governor ; and if the Gen- 
 eral Court shall adjourn within five days after the same 
 shall have been laid before the Governor for his appro- 
 bation, and thereby prevent his returning it, with his ob- 
 jections, as provided by the Constitution; such bill or 
 resolve shall not become a law, nor have force as such. 
 
 Art. 2. — The General Court shall have full power 
 and authority to erect and constitute municipal or city 
 governments in any corporate towm 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 govern- 
 ment 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 con- 
 stitution, and the manner of returning the votes given at 
 such meetings : Provided, that no such government shall 
 be erected or constituted in any town not containing 
 
57 
 
 twelve thousand inhabitants; nor unless it be with the 
 consent and on the application of a majority of the in- 
 habitants 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 upwards, (excepting paupers and persons under 
 guardianship,) who shall have resided within the Com- 
 monwealth 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 Governor, 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 
 Governor, in the same manner as judicial officers are 
 appointed, and shall hold their offices during seven years, 
 unless sooner removed by the Governor, with the con- 
 sent of the Council, upon the address of both houses 
 of the Legislature. 
 
 8s 
 
68 
 
 In case the office of Secretary or Treasurer of the 
 Commonwealth shall become vacant from any cause, 
 during the recess of the General Court, the Governor, 
 with the advice and consent of the Council, shall nom- 
 inate 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 suc- 
 cessor shall be appointed by the General Court. 
 
 Whenever the exigencies of the Commonwealth shall 
 require the appointment of a Commissary General, he 
 shall be nominated, appointed and commissioned, in 
 such manner as the Legislature may, by law, prescribe. 
 
 All officers commissioned to command in the Militia, 
 may be removed from office in such manner as the Le- 
 gislature may, by law, prescribe. 
 
 Art. 6.— In the elections of Captains and Subalterns 
 of the Militia, all the members of their respective com- 
 panies, as well those under, as those above the age of 
 twenty-one years, shall have a right to vote. 
 
 Art. 6 . — Instead of the oath of allegiance prescribed 
 by the 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 Massa- 
 chusetts, and will support the Constitution thereof. So 
 help me God.” 
 
 Provided^ That when any person shall be of the de- 
 nomination called Quakers, and shall decline taking said 
 
59 
 
 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.” 
 
 Art. 7. — No oath, declaration or subscription, ex- 
 cepting the oath prescribed in the preceding article, 
 and the oath of office, shall be required of the Gover- 
 nor, Lieutenant Governor, Counsellors, Senators or 
 Representatives, to qualify them to perform the duties 
 of their respective offices. 
 
 Art. 8 . — No judge of any Court of this Common- 
 wealth, (except the Court of Sessions,) and no person 
 holding any office under the authority of the United 
 States, (Postmasters excepted,) shall, 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 Gen- 
 eral, 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 of 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. 
 
60 
 
 Art. at any time hereafter, any specific and 
 
 particular amendment or amendments to the Constitu- 
 tion, be proposed 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 amend- 
 ments 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 Repre- 
 sentatives 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 ma- 
 jority of the qualified voters, voting thereon, at meet- 
 ings legally warned and holden for that purpose, they 
 shall become part of the Constitution of this Common- 
 wealth,” 
 
61 
 
 TENTH ARTICLE OF AMENDMENT or the 
 CONSTITUTION OF MASSACHUSETTS — 
 Adopted by the Legislature of the political year 1829 
 -30, and by the Legislature of the political year 1830 
 -31, agreeably to the provisions of the Constitution, 
 and ratified by the People, May 11th, 1831. 
 
 ARTICLE OF AMENDMENT. 
 
 ‘‘ The political year shall begin on the first Wednes- 
 day of January instead of the last Wednesday of May, 
 and the General Court shall assemble every year on the 
 said first Wednesday of January, and shall proceed, at 
 that session, to make all the elections, and do all the 
 other acts, which are by the Constitution required to be 
 made and done at the session which has heretofore com- 
 menced on the last Wednesday of May. And the Gen- 
 eral Court shall be dissolved on the day next preceding 
 the first Wednesday of January, without any proclama- 
 tion or other act of the Governor. But nothing herein 
 contained shall prevent the General Court from assem- 
 bling at such other times as they shall judge necessary, 
 or when called together by the Governor. The Gover- 
 nor, 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. 
 
 The meeting for the choice of Governor, Lieutenant 
 Governor, Senators and Representatives, shall be held 
 on the second Monday of November in every year, but 
 meetings may be adjourned, if necessary, for the choice 
 
62 
 
 of Representatives, to the next day, and again to the 
 next succeeding day, but no further. But in case a 
 second meeting shall bo 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, respect- 
 ing the elections and proceedings of the members of the 
 General Court, or any other officers or persons what- 
 ever, 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 Wed- 
 nesday of January. 
 
 “ This article shall go into operation on the first day 
 of October, 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, Lieu- 
 tenant 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 opera- 
 tion, pursuant to the foregoing provision. 
 
 “ All the provisions of the existing Constitution, in- 
 consistent with the provisions herein contained, are 
 hereby wholly annulled.’’ 
 
63 
 
 # 
 
 <a:ommonUJealtlj of jHassacljtisetts* 
 
 Secretary’s Office, August 30, 1832. 
 
 I CERTIFY, that I have compared the Copy of the Form of Govern- 
 ment agreed upon by the Convention of 1780, as here printed, w^ith the 
 Constitution as finally ratified, engrossed on parchment, and deposited in the 
 Public Archives, and find that it exactly corresponds therewith. I have also 
 compared the foregoing printed copies of the several Amendments to the 
 Constitution, with the originals as engrossed, and deposited in the Public Ar- 
 chives, and certify that the same are true copies. 
 
 EDWARD D. BANGS, 
 
 Secretary of the Commonwealth. 
 
■ ». . ' . . ■ v' ■ 
 
 vrr.; r:r. 
 
 h\‘ 1 cU^'V.u.’j, i; .) ■; >j 
 
 iff' 
 
 -f/\ •--’■i;6 j'ur.o ', ■ 
 
 ' •■!■-••; V"'' ■ 
 
 ■ %y ■ • vw'.i?;; v^iv,i ^.-1 '• ■•• '•'■.:/ 
 
The following Article of Amendment of the Constitution, 
 has been agreed to by constitutional majorities of the 
 last, and present Legislature, and is to be submitted to 
 the people for their ratification or rejection, on the 
 second Monday of November next. If ratified by them, 
 it will become the 
 
 ELEVENTH ARTICLE OF AMENDMENT. 
 
 Instead of the Third Article of the Bill of Rights, the 
 following modification and Amendment thereof is sub- 
 stituted* 
 
 As the Public Worship of God, and instructions 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 unincorpo- 
 rate, 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 in- 
 struction, 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 them- 
 selves peaceably, and as good citizens of the Common- 
 wealth, shall be equally under the protection of the 
 law ; and no subordination of any one sect or denomina- 
 tioji to another, shall ever be established by law. 
 
 I certify that the foregoing is a true copy from the 
 original Resolve now on the files of the Senate. 
 
 CHA’S. CALHOUN, 
 
 Clerk of the Senate. 
 
UNITED STATES. 
 

 
 
 
 
CONSTITUTION 
 
 OF 
 
 THE UNITED STATES. 
 
 We, the people of. the United States, in order to form 
 a more perfect union, establish justice, insure domestic 
 tranquillity, provide for the common defence, promote the 
 general welfare, and secure the blessings of liberty to 
 ourselves and our posterity, do ordain and establish this 
 Constitution for the United States of America. 
 
 ARTICLE I. 
 
 Sec. 1 . All legislative powers herein granted, shall 
 be vested in a Congress of the United States, which shall 
 consist of a Senate and House of Representatives. 
 
 Sec. 2. The House of Representatives shall be com- 
 posed of members chosen every second year, by the peo- 
 ple of the several States ; and the electors in each State 
 shall have the qualifications requisite for electors of the 
 most numerous branch of the State Legislature. 
 
 No person shall be a Representative who shall not have 
 attained to the age of twenty-five years, and been seven 
 years a citizen of the United States, and who shall not, 
 when elected, be an inhabitant of that State in which he 
 shall be chosen. 
 
 9s 
 
66 
 
 Representatives and direct taxes shall be apportioned 
 among the several States, which may be included within 
 this Union, according to their respective numbers, which 
 shall be determined by adding to the whole number of 
 free persons, including those bound to service for a term 
 of years, and excluding Indians not taxed, three^fifths of 
 all other persons. The actual enumeration shall be made 
 within three years after the first meeting of the Congress 
 of the United States, and within every subsequent term 
 of ten years, in such manner as they shall by law direct. 
 The number of Representatives shall not exceed one for 
 every thirty thousand ; but each State shall have at least 
 one Representative ; and until such enumeration shall be 
 made, the State of New Hampshire shall be entitled to 
 choose three, Massachusetts eight, Rhode Island and 
 Providence Plantations one, Connecticut five, New York 
 six. New Jersey four, Pennsylvania eight, Delaware one, 
 Maryland six, Virginia ten, North Carolina five. South 
 Carolina five, and Georgia three. 
 
 When vacancies happen in the representation from any 
 S;tate, the Executive authority thereof shall issue writs 
 of election to fill such vacancies. 
 
 The House of Representatives shall choose their 
 Speaker and other officers ; and shall have the sole pow- 
 er of impeachment. 
 
 Sec. 3. The^ Senate of the United States shall be 
 composed of two Senators from each State, chosen by 
 the Legislature thereof, for six years ; and each Senator 
 shall have one vote. 
 
 Immediately after they shall be assembled, in conse- 
 quence of the first election, they shall be ’divided as 
 equally as may be into three classes. The seats of the 
 
G7 
 
 Senators of the first class shall be vacated at the expira- 
 tion of the second year ; of the second class at the exj)i- 
 ration of the fourth year ; and of the third class at the 
 expiration of the sixth year ; so that one third may be 
 chosen every second year ; and if vacancies happen, by 
 resignation, or otherwise, during the recess of the Legis- 
 lature of any State, the Executive thereof may make 
 temporary appointments, until the next meeting of the 
 Legislature, which shall then fill such vacancies. 
 
 No person shall be a Senator, who shall not have at- 
 tained to the age of thirty years, and been nine years a 
 citizen pf the United States, and who shall not, when 
 elected, be an inhabitant of that State for which he shall 
 be chosen. 
 
 The Vice President of the United States shall be Pres- 
 ident of the Senate, but shall have no vote, unless they 
 be equally divided. 
 
 The Senate shall choose their other officers, and also 
 a President pro tempore, in the absence of the Vice 
 President, or when he shall exercise the office of Presi- 
 dent of the United States. 
 
 The Senate shall have the sole power to try all im- 
 peachments : when sitting for that purpose they shall be 
 on oath or affirmation. When the President of the Uni- 
 ted States is tried, the Chief Justice shall preside; and 
 no person shall be convicted without the concurrence of 
 two-thirds of the members present. 
 
 Judgment, in cases of impeachment, shall not extend 
 further than to removal from office, and disqualification 
 to hold and enjoy any office of honor, trust or profit, un- 
 der the United States ; but the party convicted shall 
 nevertheless, be liable and subject to indictment, trial, 
 judgment and punishment, according to law. 
 
68 
 
 Sec. 4. The times, places and manner of holding 
 elections for Senators and Representatives, shall be pre- 
 scribed in each State by the Legislature thereof ; but the 
 Congress may at any lime, by law, make or alter such 
 regulations, except as to the places of choosing Senators. 
 
 The Congress shall assemble at least once in every 
 year, and such meeting shall be on the first Monday in 
 December, unless they shall by law appoint a different 
 day. 
 
 Sec. 5. Each House shall be the judge of the elec- 
 tions, returns and ’qualifications of its own members, and 
 a majority of each shall const;itute a quorum to do busi- 
 ness ; but a smaller number nic'iy adjourn from day to day, 
 and may be authorized to compel the attendance of ab- 
 sent members, in such manner, and under such penalties, 
 as each House may provide. 
 
 Each House may determine the rules of its proceed-^ 
 ings, and punish its members for disorderly behavior, 
 and, with the concurrence of two-thirds, expel a Mem- 
 ber. 
 
 Each House shall keep a journal of its proceedings, 
 and from time to time publish the same, excepting such 
 parts as may in their judgment require secrecy ; and the 
 yeas and nays of the members of either House, on any 
 question, shall, at the desire of one'-fifth of those present, 
 be entered on the journal. 
 
 Neither House, during. the session of Congress, shall' 
 without the consent of the other, adjourn for more than 
 three days, nor to any other place than that in which 
 the two Houses shall be sitting. 
 
 Sec. 6. Tfie Senators and Representatives shall re- 
 
G9 
 
 ceive a compensation for their services, to be ascertain- 
 ed by law, and paid out of the Treasury of the United 
 States. They shall in all cases, except treason, felony, 
 and breach of the peace, be privileged from arrest dur- 
 ing their attendance at the session of their respective 
 Houses, and in going to, and returning from the same ; 
 and for any speech or debate in either House, they shall 
 not be questioned in any other place. 
 
 No Senator or Representative shall, during the time 
 for which he was elected, be appointed to any civil 
 office under the authority of the United States, which 
 shall have been created, or the emoluments whereof 
 shall have been increased during such time ; and no per- 
 son holding any office under the United States, shall be 
 a Member of either House during his continuance in 
 office. • - 
 
 Sec. 7. All bills for raising revenue, shall originate 
 in the House of Representatives ; but the Senate may 
 propose or concur with amendments, as on other bills. 
 
 Every bill which shall have passed the House of Re- 
 presentatives and the Senate, shall, before it become a 
 law, be presented to the President of the United States ; 
 if he approve he shall sign it, but if not, he shall return 
 it, with his objections, to that House in which it shall 
 have originated, who shall enter the objections at large 
 on their journal, and proceed ta reconsider it. If after 
 such reconsideration, two thirds of that House shall 
 agree to pass the bill, it shall be senty together with the 
 objections, to the other House, by which it shall likewise 
 be reconsidered, and if approved by two thirds of that 
 House, it shall become a law. But in all such cases, 
 the votes of both Houses shall be determined by yeas 
 
70 
 
 and nays ; and the names of the persons voting for and 
 against the bill, shall be entered on the journal of each 
 House respectively. If any bill shall not be returned 
 by the President within ten days (Sundays excepted) 
 after it shall have been presented to him, the same shall 
 be a law, in like manner as if he had signed it, unless 
 ihe Congress, by their adjournment, prevent its return, 
 in which case it shall not be a law. 
 
 Every order, resolution or vote, to which the concur- 
 rence of the Senate and House of Representatives may 
 be necessary, (except on a question of adjournment) 
 shall be presented to the President of the United States ; 
 and before the same shall take effect, shall be approved 
 by him, or being disapproved by him shall be repassed 
 by two thirds of the Senate and House of Representa- 
 tives, according to the rules and limitations prescribed 
 in the case of a bill. 
 
 Sec. 8. The Congress shall have power — To lay and 
 collect taxes, duties, imposts and excises ; to pay the 
 debts and provide for the common defence and general 
 welfare of the United States ; but all duties, imposts and 
 excises shall be uniform throughout the United States : 
 
 ^ — To borrow money on the credit of the United States : 
 — To regulate commerce with foreign nations, and 
 among the several States, and with the Indian tribes : 
 — To establish an uniform rule of naturalization, and 
 uniform laws on the subject of bankruptcies throughout 
 the United States : — To coin money, regulate the value 
 thereof, and of foreign coin, and to fix the standard of 
 weights and measures : — To provide for the punishment 
 of counterfeiting the securities and current coin of the 
 United States : — To establish post offices and post 
 
71 
 
 roads : — To promote the progress of science and useful 
 arts, by securing for limited times to autliors and invent- 
 ors the exclusive right to their respective writings and 
 discoveries : — To constitute tribunals inferior to the Su- 
 preme Court : — To define and punish piracies and felo- 
 nies committed on the high seas, and offences against 
 the law of nations : — ^^To declare war, grant letters of 
 marque and reprisal, and make rules concerning cap- 
 tures on land and water : — To raise and support armies, 
 but no appropriation of money to that use shall be for a 
 longer term than two years : — To provide and maintain 
 a navy : — To make rules for the government and regu- 
 lation of the land and naval forces: — To provide for 
 calling forth the militia to execute the laws of the union, 
 suppress insurrections and repel invasions : — To provide 
 for organizing, arming and disciplining the militia, and 
 for governing such part of them as may be employed in 
 the service of the United States, reserving to the States 
 respectively, the appointment of the officers, and the 
 authority of training the militia, according to the disci- 
 pline prescribed by Congress : — To exercise exclusive 
 legislation in all cases whatsoever, over such district, 
 (not exceeding ten miles square) as may, by cession of 
 particular States, and the acceptance of Congress, be- 
 come the seat of the governmeut of the United States, 
 and to exercise like authority over all places purchased 
 by consent of the Legislature oP the State in which the 
 same shall be, for the erection of forts, magazines, arse- 
 nals, dock yards, and other needful buildings : And to 
 make all laws which shall be necessary and proper for 
 carrying into execution the foregoing powers, and all 
 other powers vested by this Constitution in the govern- 
 ment of the United States, or in any department or offi- 
 cer thereof. 
 
72 . 
 
 Sec. 9. The migration or importation of such per- 
 sons as any of the States now existing, shall think pro- 
 per to admit, shall not be prohibited by the Congress, 
 prior to the year one thousand eight hundred and eight ; 
 but a fax or duty may be imposed on such importation, 
 not exceeding ten dollars for each person. 
 
 The privilege of the writ of habeas corpus shall not be 
 suspended, unless when in cases of rebellion or invasion 
 the public safety may require it. 
 
 No bill of attainder, or ex post facto law shall be 
 passed. ' - 
 
 No capitation, or other direct tax shall be laid, unless 
 in proportion to the census or enumeration herein be- 
 fore directed to be taken. 
 
 No tax or duty shall be laid on articles exported from 
 any State. 
 
 No preference shall be given by any regulation of 
 commerce or revenue to the ports of one State over 
 those of another ; nor shall vessels bound to, or from one 
 State, be obliged to enter, clear, or pay duties in an- 
 other. 
 
 No money shall be drawn from the Treasury but in 
 consequence of appropriations made by law ; and a 
 regular statement and account of the receipts and ex- 
 penditures of all public money shall be published from 
 time to time. 
 
 No title of nobility shall be granted by the United 
 States ; and no person holding any office of profit or 
 trust under them, shall, without the consent of the Con- 
 gress, accept of any present, emolument, office, or title, 
 of any kind whatever, from any King, Prince, or foreign 
 State.' 
 
73 
 
 Sec. 10. No State shall enter into any treaty, alli- 
 ance, or confederation ; grant letters of marque and 
 reprisal ; coin money ; emit bills of credit ; make any 
 thing but gold and silver coin a tender in payment of 
 debts ; pass any bill of attainder, ex post facto law, or 
 law impairing the obligation of contracts, or grant any 
 title of nobility. No State shall, without the consent 
 of the Congress, lay any imposts or duties on imports or 
 exports, except what may be absolutely necessary for 
 executing its inspection laws ; and the net produce of 
 all duties and imposts, laid by any State on imports, or 
 exports, shall be for the use of the Treasury of the Uni- 
 ted States ; and all such laws shall be subject to the re- 
 vision and control of the Congress. No State shall, 
 without the consent of Congress, lay any duty of ton- 
 nage, keep troops, or ships of war, in time of peace, 
 enter into any agreement or compact with another 
 State, or with a foreign power, or engage in war, unless 
 actually invaded, or in such imminent danger as will not 
 admit of delay. 
 
 ARTICLE II. 
 
 Sec. 1 . The Executive Power shall be vested in a 
 PRESIDENT of the United States of America, He 
 shall hold his office during the term of four years ; and 
 together with the Vice-President, chosen for the same 
 term, be elected as follows : 
 
 Each State shall appoint, in such manner as the Le- 
 gislature thereof may direct, a number of electors, equal 
 to the whole number of Senators and Representatives 
 to which the State may be entitled in the Congress : 
 But no Senator or Representative, or person holding an 
 10 s 
 
74 
 
 office of trust or profit under the United States, shall 
 be appointed an elector. 
 
 The electors shall meet in their respective States, and 
 vote by ballot for tvvo persons, of whom one at least, 
 shall not be an inhabitant of the same State with them- 
 selves. And they shall make a list of all the persons 
 voted for, and of the number of votes for each ; which 
 list they shall sign and certify, and transmit, sealed, to 
 the seat of the Government of the United States, di- 
 rected to the President of the Senate. The President 
 of the Senate shall, in the presence of the . Senate and 
 House of Representatives, open all the certificates, and 
 the votes shall then be counted. The person having 
 the greatest number of votes shall be the President, if 
 such number be a majority of the whole number of 
 electors appointed : And if there be more than one who 
 have such majority, and have an equal number of votes, 
 then the House of Representatives shall immediately 
 choose by ballot one of them for President ; and if no 
 person have a majority, then from the five highest on 
 the list, the said House shall in like manner choose the 
 President. But in choosing the President, the votes 
 shall be taken by States, the representation from each 
 State having one vote ; a quorum for this purpose shall 
 consist of a member or members from two thirds of the 
 States, and a majority of all the States shall be neces- 
 sary to a choice. In every case, after the choice of the 
 President, the person having the greatest number of 
 votes of the electors, shall be the Vice President. But 
 if there should remain two or more who have equal 
 votes, the Senate shall choose from them, by ballot, the 
 Vice President. 
 
75 
 
 The Congress may determine the time of choosing 
 the electors, and the day on which they shall give their 
 votes ; which day shall be the same throughout the 
 United States. 
 
 No person, except a natural born citizen, or a citizen 
 of the United States, at the time of the adoption of this 
 Constitution, shall be eligible to the office of President; 
 neither shall any person be eligible to that office, who 
 shall not have attained to the age of thirty-five years, 
 and been fourteen years a resident within the United 
 States. 
 
 In case of the removal of the President from office, 
 or of his death, resignation, or inability to discharge 
 the powers and duties of the said office, the same shall 
 devolve on the Vice President ; and the Congress may 
 by law provide for the case of removal, death, resigna- 
 tion or inability, both of the President and Vice Presi- 
 dent, declaring what officer shall then act as President, 
 and such officer shall act accordingly, until the disabil- 
 ity be removed, or a President shall be elected. 
 
 The President shall, at stated times, receive for his 
 services, a compensation, which shall neither be in- 
 creased nor diminished during the period for which he 
 shall have been elected ; and he shall not receive within 
 that period any other emolument from the United States, 
 or any of them. 
 
 Before he enter on the execution of his office, he 
 shall take the following oath or affirmation : 
 
 “ I do solemnly swear (or affirm,) that I will faithfully 
 execute the office of President of the United States, 
 and will, to the best of my ability, preserve, protect and 
 defend the Constitution of the United States.” 
 
76 
 
 Sec. 2. The President shall be Commander in Chief 
 of the Army and Navy of the United States, and of the 
 Militia of the several States, when called into the actual 
 service of the United States. He may require the 
 opinion, in writing, of the principal officer in each of 
 the executive departments, upon any subject relating to 
 the duties of their respective offices, and he shall have 
 power to grant reprieves and pardons for offences against 
 the United States, except in cases of impeachment. 
 
 He shall have power, by and with the advice and 
 consent of the Senate, to make treaties, provided two 
 thirds of the Senators present concur ; and he shall 
 nominate, and, by and with the advice and consent of 
 the Senate,^ shall appoint Ambassadors, other public 
 Ministers and Consuls, Judges of the Supreme Court, 
 and all other officers of the United States, whose ap- 
 pointments are not herein otherwise provided for, and 
 which shall be established by law. But the Congress 
 may by law vest the appointment of such inferior offi- 
 cers as they think proper, in the President alone, in the 
 courts of law, or in the heads of departments. 
 
 The President shall have power to fill up all vacancies 
 that may happen during the recess of the Senate, by 
 granting commissions which shall expire at the end of 
 their next session. 
 
 Sec. 3. He shall from time to time give to the Con- 
 gress, information of the state of the Union, and re- 
 commend to their consideration, such measures as he 
 shall judge necessary and expedient; he may, on ex- 
 traordinary occasions, convene both Houses, or either 
 of them, and in case of disagreement between them, 
 with respect to the time of adjournment, he may ad- 
 
77 
 
 journ them to such time as he shall think proper ; he 
 shall receive Ambassadors and other public Ministers ; 
 he shall take care that the laws be faithfully executed, 
 and shall commission all the officers of the United 
 States. 
 
 Sec. 4. The President, Vice President, and all civil 
 officers of the United States shall be removed from 
 office on impeachment for, and conviction of treason, 
 bribery, or other high crimes and misdemeanors. 
 
 ARTICLE III. 
 
 Sec. 1. The Judicial power of the United States, 
 shall be vested in one Supreme Court, and in such In- 
 ferior Courts as the Congress may, from time to time, 
 order and establish. The Judges, both of the Supreme 
 and Inferior Court shall hold their offices during good 
 behavior, and shall, at stated times, receive for their 
 services, a compensation, which shall not be diminished 
 during their continuance in office. 
 
 Sec. 2. The Judicial power shall extend to all cases, 
 in law and equity, arising under this Constitution, the 
 laws of the United States, and treaties made, or which 
 shall be made, under their authority ; to all cases affect- 
 ing Ambassadors, other public Ministers and Consuls ; 
 To all cases of admiralty and maritime jurisdiction ; to 
 controversies to which the United States shall be a par- 
 ty ; to controversies between two or more States, be- 
 tween a State and citizens of another State, between 
 citizens of different States, between citizens of the same 
 State claiming lands under grants of different States, 
 
78 
 
 and between a State, or the citizens thereof, and foreign 
 States, citizens or subjects. 
 
 In all cases affecting Ambassadors, other public Min- 
 isters and Consuls, and those in which a State shall be 
 party, the Supreme Court shall have original jurisdic- 
 tion. In all the other cases before mentioned, the Su- 
 preme Court shall have appellate jurisdiction, both as 
 to law and fact, with such exceptions, and under such 
 regulations as the Congress shall make. 
 
 The trial of all crimes, except in cases of impeach- 
 ment, shall be by jury ; and such trial shall be held in 
 the State where the said crimes shall have been com- 
 mitted ; but when not committed within any State, the 
 trial shall be at such place or places as the Congress 
 may by law have directed. 
 
 Sec. 3. Treason against the United States shall con- 
 sist only in levying war against them, or in adhering to 
 their enemies, giving them aid and comfort. No person 
 shall be convicted of treason, unless on the testimony 
 of two witnesses to the same overt act, or on confession 
 in open Court. 
 
 The Congress shall have power to declare the pun- 
 ishment of treason, but no attainder of treason shall 
 work corruption of blood, or forfeiture, except during 
 the life of the person attainted. 
 
 ARTICLE IV. 
 
 Sec. 1. Full faith and credit shall be given in each 
 State to the public acts, records, and judicial proceed- 
 ings of every other State. And the Congress may, by 
 general laws, prescribe the manner in which such acts, 
 records and proceedings, shall be proved, and the effect 
 thereof. 
 
79 
 
 Sec. 2. The citizens of each State shall be entitled 
 to all privileges and immunities of citizens in the sev- 
 eral States. 
 
 A person charged in any State with treason, felony, 
 or other crime, who shall flee from justice, and be found 
 in another State, shall, on demand of the executive au- 
 thority of the State from which he fled, be delivered 
 up, to be removed to the State having jurisdiction of 
 the crime. 
 
 No person held to service or labor in one State, under 
 the laws thereof, escaping into another, shall in conse- 
 quence of any law or regulation therein, be discharged 
 from such service or labor; but shall be delivered up on 
 claim of the party to whom such service or labor may 
 be due. 
 
 Sec. 3. New States may be admitted by the Con- 
 gress into this Union ; but no new State shall be formed 
 or erected within the jurisdiction of any other State ; 
 nor any State be formed by the junction of two or more 
 States or parts of States, without the consent of the 
 Legislatures of the States concerned, as well as of the 
 Congress. 
 
 The Congress shall have power to dispose of, and 
 make all needful rules and regulations respecting the 
 territory or other property belonging to the United 
 States : And nothing in this Constitution shall be so 
 construed, as to prejudice any claims of the United 
 States, or of any particular State. 
 
 Sec. 4. The United States shall guarantee to every 
 State in this Union a Republican Form of Government; 
 and shall protect each of them against invasion ; and 
 
80 
 
 on application of the Legislature, or of the Executive, 
 (when the Legislature cannot be convened) against 
 domestic violence. 
 
 ARTICLE V. 
 
 The Congress, whenever two thirds of both Houses 
 shall deem it necessary, shall propose amendments to 
 this Constitution, or, on the application of the Legisla- 
 tures of two thirds of the several States, shall call a 
 convention for proposing amendments, which, in either 
 case, shall be valid, to all intents and purposes, as part 
 of this Constitution, when ratified by the Legislatures 
 of three-fourths of the several States, or by conventions 
 in three-fourths thereof, as the one or the other mode 
 of ratification may be proposed by the Congress ; pro- 
 vided, that no amendments, which may be made prior 
 to the year one thousand eight hundred and eight, shall 
 in any manner affect the first and fourth clauses in the 
 ninth section of the first article ; and that no State, 
 without its consent, shall be deprived of its equal suff- 
 rage in the Senate. 
 
 ARTICLE VI. 
 
 All debts contracted, and engagements entered into, 
 before the adoption of this Constitution, shall be as valid 
 against the United States, under this Constitution, as 
 under the Confederation. 
 
 This Constitution, and the Laws of the United States 
 which shall be made in pursuance thereof, and all trea- 
 ties made, or which shall be made, under the authority 
 of the United States, shall be the Supreme Law of the 
 land ; and the Judges in every State, shall be bound 
 thereby, any thing in the Constitution or Law's of any 
 Slate to the contrary notwithstanding. 
 
81 
 
 The Senators and Representatives before mentioned, 
 and the members of the several State Legislatures, and 
 all Executive and Judicial Officers, both of the United 
 States and of the several States, shall be bound by oath 
 or affirmation, to support this Constitution ; but no re- 
 ligious test shall ever be required as a qualification to 
 any office or public trust under the United States. 
 
 The ratification of the Conventions of nine States, 
 shall be sufficient for the establishment of this Consti- 
 tution between the States so ratifying the same. 
 
 Done in Convention^ by the unanimous consent of the 
 States present^ the seventeenth day of September^ in the 
 year of our Lord, one thousand seven hundred and 
 eighty-seven, and of the hidependence of the United 
 States of America the twelfth. In witness whereof, we 
 have hereunto subscribed our names. 
 
 ARTICLE VII. 
 
 GEORGE WASHINGTON, President, 
 
 and Deputy from Virginia. 
 
 New Hampshire, 
 
 John Langdon, 
 Nicholas Gilman. 
 
 Massachusetts, 
 
 Connecticut, 
 
 C William Samuel Johi 
 ( Roger Sherman. 
 
 Alexander Hamilton. 
 
 - ■ - - 
 
 Nathaniel Gorham, 
 Rufus King, 
 
 William Samuel Johnson 
 
 ir Sherman. 
 
 New York, 
 
 New Jersey, 
 
 11 s 
 
82 
 
 Pennsylvania^ 
 
 /Benjamin Franklin, 
 1 Thomas Mifflin, 
 
 A Robert Morris, 
 ^George Clymer, 
 
 ^ Thomas Fitzsimons, 
 Jjai'ed Ingersol, 
 f James Wilson, 
 \Gouverneur Morris. 
 
 Delaimrey 
 
 /George Reed, 
 
 1 Gunning Bedford, Junior, 
 /John Dickenson, 
 
 1 Richard Bassett, 
 vJacob Broom. 
 
 Maryland^ 
 
 ( James M’Henry, 
 
 < Daniel of St. Th : Jenifer, 
 ( Daniel Carroll. 
 
 Virginia y 
 
 ( John Blair, 
 
 ( James Madison, junior. 
 
 North Carolina^ 
 
 ^ William Blount, 
 
 < Richard Dobbs Spaight, 
 f Hugh Williamson. 
 
 South Carolina^ 
 
 /John Rutledge, 
 NCharles C. Pinckney, 
 jCharles Pinckney, 
 (Pierce Butler. 
 
 Georgia^ 
 
 ( Wiliam Few, 
 
 ( Abraham Baldwin. 
 
 Attest, 
 
 WILLIAM JACKSON, Secretary. 
 
83 
 
 In Convention, Monday, September 17, 1787. 
 
 Present, the States of New Hampshire, Massachusetts, 
 Connecticut, Mr. Hamilton from New York, New Jer- 
 sey, Pennsylvania, Delaware, Maryland, Virginia, 
 North Carolina, South Carolina, and Georgia : 
 
 Resolved, That the preceding Constitution be laid be- 
 fore the United States, in Congress assembled, and that 
 it is the opinion of this Convention, that it should after- 
 wards be submitted to a Convention of Delegates, cho- 
 sen in each State by the people thereof, under the re- 
 commendation of its Legislature, for their assent and 
 ratification ; and that each Convention assenting to, and 
 ratifying the same, should give notice thereof to the 
 United States, in Congress assembled. 
 
 Resolved, That it is the opinion of this*Convenlion, 
 that as soon as the Conventions of nine States shall 
 have ratified this Constitution, the United States, in 
 Congress assembled, should fix a day on which Electors 
 should be appointed by the States which shall have rati- 
 fied the same, and a day on which the Electors should 
 assemble to vote for the President, and the time and 
 place for commencing proceedings under this Constitu- 
 tion. That after such publication, the Electors should 
 be appointed, and the Senators and Representatives 
 elected. That the Electors should meet on the day 
 fixed for the election of the President, and should trans- 
 mit th^ir votes, certified, signed, sealed and directed, as 
 the Constitution requires, to the Secretary of the United 
 States, in Congress assembled. That the Senators and 
 
84 
 
 Representatives should convene at the time and place 
 assigned. That the Senators should appoint a Presi- 
 dent of the Senate, for the sole purpose of receiving, 
 opening and counting the votes for President; and, that 
 after he shall be chosen, the Congress, together with the 
 President, should, without delay, proceed to execute 
 this Constitution. 
 
 By the unanimous order of the Convention, 
 
 GEORGE WASHINGTON, President 
 W. Jackson, Secretary, 
 
 In Convention, September 17, 1787. 
 
 Sir,— We have now the honor to submit to the con- 
 sideration of the United States, in Congress assembled, 
 that Constitution which has appeared to us the most 
 advisable. 
 
 The friends of our country have long seen and de- 
 sired, that the power of making war, peace, and trea- 
 ties ; that of levying money and regulating commerce, 
 and the correspondent executive and judicial authori- 
 ties, should be fully and effectually vested in the Gen- 
 eral Government of the Union : But the impropriety of 
 delegating such extensive trust to one body of men is 
 evident — Hence results the necessity of a different or- 
 ganization. 
 
 It is obviously impracticable in the Federal Govern- 
 
//// 
 
 mcnt of these States, to secure all rights of independent 
 sovereignty to each, and yet provide for the interest and 
 safety of all : Individuals entering into society, must give 
 up a share of liberty to preserve the rest. The magnitude 
 of the sacrifice must depend as well on situation and 
 circumstance, as on the object to be obtained. It is at 
 all times difficult to draw with precision, the line be- 
 tween those rights which must be surrendered, and those 
 which may be reserved ; and on the present occasion, 
 this difficulty was increased by a difference among the 
 several States, as to their situation, extent, habits, and 
 particular interests. 
 
 In all our deliberations on this subject, we kept stead- 
 ily in our view, that which appears to us the greatest 
 interest of every true American, the consolidation of 
 our Union, in which is involved our prosperity, felicity, 
 safety, perhaps our national existence. This important 
 consideration, seriously and deeply impressed on our 
 minds, led each State in the Convention to be less rigid 
 on points of inferior magnitude, than might have been 
 otherwise expected ; and thus the Constitution, which 
 we now present, is the result of a spirit of amity, and 
 of that mutual deference and concession which the pe- 
 culiarity of our political situation rendered indispen- 
 sable. 
 
 That it will meet the full and entire approbation of 
 every State, is not perhaps to be expected ; but each will 
 doutbless consider, that had her interest been alone con- 
 sulted, the consequences might have been particularly 
 disagreeable or injurious to others ; that it is liable to as 
 few exceptions as could reasonably have been expect- 
 ed, we hope and believe ; that it may promote the last- 
 
86 
 
 ing welfare of that country so dear to us all, and secure 
 her freedom and happiness, is our most ardent wish. 
 
 With great respect. 
 
 We have the honor to be. Sir, 
 
 Your Excellency’s most obedient 
 
 and humble servants, 
 
 GEORGE WASHINGTON, President. 
 By the unanimous order of the Convention. 
 
 His Excellency the President of Congress. 
 
 Congress of the United States. 
 
 Begun and held at the city of New-York, on Wednesday, 
 the 4th of March, 1789. 
 
 The Convention of a number of the States, having, at the 
 time of their adopting the Constitution, expressed a de- 
 sire, in order to prevent misconstruction or abuse of its 
 jpowers, that further declaratory and restrictive clauses 
 should be added : Arid as Extending the ground of pub- 
 lic confidence in the Government, will best ensure the 
 beneficent ends of its institution, 
 
 RESOLVED, by the Senate and House of Represen- 
 tatives of the United States of America, in Congress as- 
 sembled, two thirds of both Houses concurring. That the 
 following articles be proposed to the Legislatures of the 
 
87 
 
 several States, as amendments to the Constitution of the 
 United States, all or any of which articles, when ratified 
 by three fourths of said Legislatures, to be valid to all 
 intents and purposes, as a part of the said Constitution, 
 viz : 
 
 AMENDMENTS. 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establish- 
 ment of religion, or prohibiting the free exercise thereof ; 
 or abridging the freedom of speech, or of the press ; or 
 the right of the people peaceably to assemble, and to 
 petition the government for a redress of grievances. 
 
 II. A well regulated militia being necessary to the 
 security of a free State, the right of the people to keep 
 and bear arms, shall not be infringed. 
 
 III. No soldier shall, in time of peace, be quartered 
 in any house without the consent of the owner, nor in 
 time of war, but in a manner to be prescribed by law. 
 
 IV. The right of the people to be secure in their 
 persons, houses, papers and effects, against unreasonable 
 searches and seizures, shall not be violated, and no war- 
 rants shall issue, but upon probable cause,^supported by 
 oath or affirmation, and particularly describing the place 
 to be searched, and the persons or things to be seized. 
 
 V. No person shall be held to answer for a capital or oth- 
 erwise infamous crime, unless on a presentment or indict- 
 ment by a grand jury, except in cases arising in the land 
 
88 
 
 . V\\V 
 
 or naval forces, or in the militia when in actual service 
 in time of war or public danger ; nor shall any person 
 be subject for the same offence to be tw'ice put in Jeop-, 
 ardj of life or limb ; nor shall be compelled in any crim- 
 inal case to be a witness against himself, nor be deprived 
 of life, liberty or property, without due process of law; 
 nor shall private property be taken for public use, with- 
 out just compensation. 
 
 VI. In all criminal prosecutions, the accused shall 
 enjoy the right to a speedy and public trial, by an impar- 
 tial jury of the State and District wherein the crime shall 
 have been committed, which District shall have been 
 previously ascertained by law", and to be informed of the 
 nature and cause of the accusation ; to be confronted with 
 the witnesses against him ; to have compulsory process 
 for obtaining witnesses in his favor, and to have the as- 
 sistance of counsel for his defence. 
 
 VII. In suits at common law, where the value in con- 
 troversy shall exceed twenty dollars, the right of trial by 
 jury shall be preserved, and no fact, tried by a jury, shall 
 be otherwise re-examined in any court of the United 
 States, than according to the rules of common law. 
 
 VIII. Excessive bail shall not be required, nor exces- 
 sive fines imposed, nor cruel and unusual punishments in- 
 flicted. 
 
 IX. The enumeration in the Constitution, of certain 
 rights, shall not be construed to deny or disparage oth- 
 ers retained by the people. 
 
 X. The powers not delegated to the United States 
 
89 
 
 by the Constitution, nor prohibited by it to the States, 
 are reserved to the States respectively, or to the peo- 
 ple. 
 
 XI. The judicial power of the United States shall 
 not be construed to extend to any suit in law or equity, 
 commenced or prosecuted against one of the United 
 States by citizens of another State, or by citizens or 
 subjects of any foreign State. 
 
 XII. The electors shall meet in their respective 
 States, and vote by ballot for President and Vice Presi- 
 dent, one of whom, at least, shall not be an inhabitant 
 of the same State with themselves ; they shall name in 
 their ballots the person voted for as President, and in 
 distinct ballots the person voted for as Vice President ; 
 and they sliall make distinct lists of all persons voted for 
 as President and of all persons voted for as Vice Presi- 
 dent, and of the number of votes for each ; which lists 
 they shall sign and certify, and transmit sealed to the 
 seat ot the government of the United States, directed to 
 the President of the Senate ; — the President of the Se- 
 nate shall in the presence of the Senate and House of 
 Representatives, open all the certificates, and the votes 
 shall then be counted : the person having the greatest 
 number of votes for President, shall be the President, if 
 such number be a majority of the whole number of elect- 
 ors appointed ; and if no person have such majority, then 
 from the persons having the highest numbers, not ex- 
 ceeding three, on the list of those voted for as Presi- 
 dent, the House of Representatives shall choose imme- 
 diately, by ballot, the President. But in choosing the 
 President, the votes shall be taken by states, the repre- 
 sentation from each state having one vote ; a quorum 
 for this purpose shall consist of a member or members 
 
 12 s 
 
90 
 
 from two thirds of the States, and a majority of all the 
 States shall be necessary to a choice. And if the House 
 of Representatives shall hot choose a President when- 
 ever the right of choice shall devolve upon them, before 
 the fourth day of March, then next following, then the 
 Vice President shall act as President, as in case of the 
 death or other constitutional disability of the President. 
 
 The person having the greatest number of votes as 
 Vice President, shall be the Vice President, if such num- 
 ber be a majority of the whole number of electors ap- 
 pointed ; and if no person have a majority, then from the 
 two highest numbers on the list, the Senate shall choose 
 the Vice President ; a quorum for that purpose shall 
 consist of two thirds of the whole number of Senators, 
 and a majority of the whole number shall be necessary 
 to a choice. 
 
 But no person constitutionally ineligible to the office 
 of President, shall be eligible to that of Vice President 
 of the United States. 
 
0 ' 
 
 4 . 
 
 
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