3. Qualification of voters for Gov- 20. Reading Constitution in English 13. Census of inhabitants to be taken in 1840 and every ten years thereafter. - House of Representatives, how apportioned, etc. 14. Elections by the people to be by plurality of votes. 15. Time of annual election of Governor 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. and writing, necessary qualifications of voters. 21. Census of legal voters and inhabitants, when taken.-House of Representatives to consist of two hundred and forty members, etc. 22. Voters to be basis of apportionment 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 amendments annulled. 27. Provisions of article 2, chapter 6, relating to officers of Harvard College, annulled. 28. Superseded by article 31. by change of residence until six months from time of removal. 31. Amendments, article 28 amended. 32. Provisions of amendments, article 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 execu tion 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 maintenance of public Protestant teachers of piety, religion, and morality, in all cases where such provision shall not be made voluntarily. And the people of this commonwealth have also a right to, and 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 sect or 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 |