CONSTITUTION OF STATE OF MASSACHUSETTS. Chapter Frame of government. House of Representatives. 2. Governor. Lieutenant-Governor. sary, etc. 3. Judiciary power. 4. Delegates to Congress. 5. The University. The encouragement of litera ture. 6. Oaths. Articles of amendment. CHAPTER I. 1. Preamble. 7. Objects of government.-- The right of the people to insti tute and change it. 8. Right of the people to secure rotation in office. 9. All having the qualifications prescribed, equally eligible to office. 10. Right of protection and duty of contribution correlative. 11. Remedies by recourse to the law, to be free, complete and prompt. 12. Prosecutions regulated. 13. Crimes to be proved in the vi cinity. 14. To be secure from unreasonable searches and seizures. 15. Right of trial by jury. 16. Liberty of the press. 17. Right to keep and bear arms. - Standing armies dangerous. - Military power subordinate to civil power. 18. Moral qualifications for office. Moral obligations of law givers and magistrates. 19. The people have the right to assemble in a peaceable manner to consult for common good. 20. Power to suspend the laws or their execution. 21. Freedom of debate, etc., and reason thereof. 22. Frequent sessions and objects thereof. 23. Taxation founded on consent. 24. Ex post facto laws prohibited. 25. Legislature not to convict of treason, etc. 26. Excessive bail or fines, and cruel punishment prohibited. PART 1. Declaration of Rights. 1. Equality and natural rights of man. 2. Right and duty of public relig ious worship. – Protection therein. 3. Legislature empowered to com pel provisions for public worship and enjoin attendance thereon. 4. Right of self-government se cured. 5. Accountability of all officers, etc. 6. Service rendered to the public being the only title peculiar to privileges.- Hereditary offices are absurd and natural. un 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. Section 1. PART 2. Legislatire Power. 1. Legislative department. 2. Governor's veto.- Bill may be 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 or appointment of officers, and may prescribe their duties. · May impose taxes. Section 2. Senate. 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 Senator. 9. Not less than sixteen members of the Senate shall constitute a quorum for doing business. Section 3. House of Representatives. 1. Representation of the people. 2. Representatives. By whom 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. CHAPTER II. Section 1. 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. Governor. 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 forres. 8. Governor may pardon. a 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. 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. Section 4. Secretary, I reasury, Commissary. 1. Secretary, by whom and how chosen. Treasurer ineligible for more than five successive years. 2. Secretary to keep records. -- To attend Governor and council. CHAPTER III. Judiciary Pover. 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. 1 3. Qualification of voters for Governor, 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 Gov 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 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, election of sheriffs.- Registers of Probate Court, etc. 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, are 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. 1 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 |
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