Page images
PDF
EPUB

9. Not less than sixteen members

of the Senate shall constitute a quorum for doing business.

27. No soldiers to be quartered in

any house, unless, etc. 28. Citizens exempt from law mar

shall, unless, etc. 29. Judges of Supreme Judicial

Court.- Tenure of their office.

Salaries. 30. Separation of executive, judicial

and legislative departments. 1. Title of the body politic.

[ocr errors]

be

Section 1.

PART 2.

Legislative Porner. 1. Legislative department. 2. Governor's veto.- Bill may

passed by two-thirds of each

house notwithstanding. 3. General Court may

constitute judicatories. 4. General Court may enact laws,

etc., not repugnant to the Constitution.-May provide for the election appointment of officers, and may prescribe their duties. May impose taxes.

Section 3. House of Representatives. 1. Representation of the people. 2. Representatives. By whom

or

chosen.- Proviso as to towns having less than one hundred

and fifty ratable polls. 3. Qualifications of a Representa

tive. — Property qualifications

abolished. 4. Qualifications of a voter. 5. Representatives, when chosen. 6. House alone can impeach. 7. House originates all money bills, 8. Not to adjourn more than two

days. 9. Not less than sixty members of

the House of Representatives shall constitute a quorum for

doing business. 10. To judge of returns, etc., of its

own members; to choose its officers and establish its rules. - Privilege of members from

arrest. 11. Senate.- Governor and council

may punish.— Trial may be by committee or otherwise.

Section 2.

Senate.

CHAPTER II.

Section 1.

1. Senate, number of, and by whom

elected.- County shall be dis

tricts until, etc. 2. Manner and time of choosing

Senators and councillors.- Selectmen to preside at town

meetings. 3. Governor and council to examine

and count votes and issue

summonses. 4. Senate to be final Judge of

elections, etc., of its own mem

bers. 5. Qualifications of a Senator.

Property qualifications abol

ished. 6. Senate not to adjourn more than

two days. 7. Shall choose its officers and

establish its rules. 8. Shall try all impeachments.

Oath.- Limitation of sentence.

Gorrnor. 1. Governor. 2. To be chosen annually. 3. By whom chosen, if he have a

majority of votes.- In case of

tie. 4. Power of Governor, and of Gov.

ernor and council. 5. May adjourn or prorogue the

General Court upon request,

and convene the same. 6. Governor and council may ad

journ the General Court in cases, etc., but not exceeding

ninety days. 7. Governor to be commander-in

chief of State military forces. 8. Governor may pardon.

9. Judicial officers, etc., how nomi

nated and appointed. 10. Militia officers, how elected, how

commdssioned. Major - generals, how appointed and com

missioned. 11. Money, how drawn from the

treasury. 12. All public boards to make quar

terly returns. 13. Salary of Governor.

Section 2.

Lieutenant-Governor. 1. Lieutenant-Governor, his qualifi

cations.- How chosen. 2. President of council. 3. Lieutenant-Governor to be act

ing Governor, when.

Section 3. Council, Manner of Settling Election. 1. Number of councillors changed

to eight. 2. From whom and how chosen.

When Senators become coun

cillors their seats are vacated. 3. Rank of councillors. 4. No district to have more than

two. 5. The register .of council. 6. When the council is to exercise

the power of Governor. 7. Elections may be adjourned.

Section 4. Secretary, Treasury, Commissary. 1. Secretary, by whom and how

chosen. Treasurer ineligible for more than five successive

3. Justices of the peace.--Tenure of

office. 4. Provisions for holding Probate

Courts. 5. Marriage, divorce and alimony.

CHAPTER IV.

Delegates to Congress. 1. Delegates to Congress.

CHAPTER V.

Section 1.

The University. 1. Harvard College.- Powers and

privileges of the president and

fellows confirmed. 2. All gifts, grants, etc., confirmed. 3. Who shall be overseers.

Section 2. The Encouragement of Literature, 1. Duty of Legislatures and magis.

trates in all future periods.

CHAPTER VI. 1. Oaths, etc. Declaration and

oaths of all officers.-- Oath of

office, how administered. 2. Plurality of offices prohibited to Governor. -- Bribery, etc.,

to disqualify. 3. Value of money ascertained. 4. Provisions respecting commis

sions. 5. Provisions respecting writs. 6. Continuation of former laws. 7. Benefit of habeas corpus secured,

except, etc. 8. The enacting style. 9. Officers of former government

continued. 10. Provision for revising the Con

stitution, 11. Provision for preserving and

publishing this Constitution.

years. 2. Secretary to keep records. To

attend Governor and council.

CHAPTER III.

Judiciary Power.
1. Tenure of all commissioned offi-

cers to be expressed.- Judicial
officers to hold office during

good behavior.
2. Justices of the Supreme Court,

to give opinions when required.

ARTICLES OF AMENDMENT. 1. Bill, etc., not approved within

five days not to become a law, if Legislature adjourned in the

meantime. 2. General Court empowered to

charter cities.

3. Qualification of voters for Goy

ernor, Lieutenant - Governor,

Senators and Representatives. 4. Notaries public.- How appointed

and removed. 5. Who may vote for captains and

subalterns. 6. Oath to be taken by all officers. 7. Tests abolished. 8. Incompatibility of offices. 9. Amendments to Constitution,

how made. 10. Commencement and termination

of political year. 11. Religious freedom established. 12. Census of ratable polls to be

taken every ten years.-Towns having less than three hundred ratable polls, how represented,

etc. 13. Census of inhabitants to

be taken in 1840 and every ten years thereafter. House of Representatives, how appor

tioned, etc. 14. Elections by the people to be by

plurality of votes. 15. Time of annual election of Goy

ernor and Legislature. 16. Eight councillors to be chosen

by the people, etc. 17. Election of Secretary, Treasurer,

Auditor and Attorney-General by the people.---Vacancies, how

filled. 18. School moneys not to be applied

to sectarian schools. 19. Legislature to prescribe for the

election of sheriffs.- Registers of Probate Court, etc.

20. Reading Constitution in English

and writing, necessary qualifi

cations of voters. 21. Census of legal voters and in

habitants, when taken.-House of Representatives to consist of two hundred and forty

members, etc. 22. Voters to be basis of apportion

ment of Senators.- Senate to

consist of forty members, etc. 23. Two years' residence required of

naturalized citizens to entitle to suffrage or to make eligible

to office. 24. Vacancies in the Senate. 25. Vacancies in the Council. 26. Twenty-third article of amend

ments annulled. 27. Provisions of article 2, chapter 6,

relating to officers of Harvard

College, annulled. 28. Superseded by article 31. 29. Voting precincts, in towns. 30. Voters not disqualified by

change of residence until six

months from time of removal. 31. Amendments, article 28 amended. 32. Provisions of amendments, ar

ticle 3, relative to payment of a tax, as a voting qualification,

annulled. 33. Quorum in each branch of the

General Court, to consist of a

majority of members. 34. Provisions of article 2, section 1,

chapter 2, part 2, relative to the property qualification of Governor annulled.

PREAMBLE. The end of the institution, maintenance and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquility 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 citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a Constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them.

We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit and solemn compact with each other; and of forming a new Constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish, the following Declaration of Rights, and frame of government, as the Constitution of the Commonwealth of Massachusetts.

PART THE FIRST. A Declaration of the Rights of the Inhabitants of the Common

wealth of Massachusetts. Article 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 defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness.

II. It is the right as well as the duty of all men in society, publicly and at stated seasons, to worship 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 worshipping God in the manner and season most agree able to the dictates of his own conscience; or for his religious profession of 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 civil government, essentially depend upon piety, religion and morality; and as these cannot be generally diffused through a community but by the institution of the public worship of God, and of public instructions in piety, religion and morality: Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth 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 religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for the support and maintenan of public Protestant teachers of piety, religion, and morality, in all cases where such provision shall not be made voluntarily.

And the people of this commonwealth have also a right to, and do, invest their Legislature with authority to enjoin upon all the subjects and attendants upon the instructions 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 towns, 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 moneys 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 sector denomination, provided there be any on whose instructions he attends; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised.

And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the commonwealth, shall be equally under the protection of the law: and no subordination

« PreviousContinue »