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
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 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 Commonwealth 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.
Art. 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 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.
Art. 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 diffcused through a community but by the
institution of the public worship of God and of the 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 subject an attendance
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 and electing their public teachers and of
contracting with them for their support and maintenance.
And all moneys paid by the subject[1]
to the support of public worship and of 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; othewise it may be paid toward 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 of any sect or denomination to another
shall ever be established by law.
Art. 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, jurisdiction,
and right which is not, or may not hereafter be, by them expressly delegated
to the United States of America in Congress assembled.
Art. V. All power residing originally in the people, and being derived
from them, the several magistrates and officers of government vested with
authority, whether legislative, executive, or judicial, are the substitutes
and agents, and are at all times accountable to them.
Art. 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 community, than what rises from the consideration of
servicces rendered to the public, and this title being in nature neither
hereditary nor transmissible to children or descendants or relations by
blood; the idea of a man born a magistrate, lawgiver, or judge is absurd
and unnatural.
Art. 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 people alone have an incontestable, unalienable, and indefeasible right
to institute government, and to reform, alter, or totally change the same
when their protection, safety, prospertiy, and happiness require it.
Art. 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 appointments.
Art. IX. All elections ought to be free; and all the inhabitants of
this commonwealth, having such qualifications as they shall establish by
their frame of government, have an equal right to elect officers, and to
be elected, for public employments.
Art. X. Every 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
expense of this protection; to give his personal service, or an equivalent,
when necessary; but no part of the property of any individual can, with
justice, be taken from him, or applied to public uses, without his own
consent, or that of the representative body of the people. In fine, the
people of this commonwealth are not controllable by any other laws than
those to which their constitutional representative body have given their
consent. And whenever the public exigencies require that the property of
any individual should be appropriated to public uses, he shall receive
a reasonable compensation therefor.
Art. 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 justice freely, and without being obliged to purchase it; completely,
and without any denial; promptly, and without delay, conformably to the
laws.
Art. XII. No subject shall be held to answer for any crimes or no offence
until the same if fully and plainly, substantially and formally, described
to him; or be compelled to accuse, or furnish evidence against himself;
and every subject shall have a right to produce all proofs that may be
favorable to him; to meet the witnesses against him face to face, and to
be fully heard in his defence by himself, or his counsel at his election.
And no subject shall be arrested, imprisoned, despoiled, or deprived of
his property, immunities, or privileges, put out of the protection of the
law, exiled or deprived of his life, liberty, or estate, but by the judgment
of his peers, or the law of the land.
And the legislature shall not make any law that shall subject any person
to a capital or infamous punishment, excepting for the government of the
army and navy, without trial by jury.
Art. 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.
Art. XIV. Every subject has a right to be secure from all 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 foundation of them be not previously supported by oath or affirmation,
and if the order in the warrant to a civil officer, to make search in suspected
places, or to arrest one or more suspected persons, or to seize their property,
be not accompanied with a special designation of the persons or objects
of search, arrest, or seizure; and no warrant ought to be issued but in
cases, and with the formalities, prescribed by the laws.
Art. XV. In all controversies concerning property, and in all suits
between two or more persons, except in cases in which it has heretofore
been otherways used and practised, the parties have a right to a trial
by jury; and this method of procedure shall be held sacred, unless, in
causes arising on the high seas, and such as relate to mariners' wages,
the legislature shall hereafter find it neessary to alter it.
Art. XVI. The liberty of the press is essential to the security of freedom
in a State; it ought not, therefore, to be restrained in this commonwealth.
Art. 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.
Art. XVIII. A frequent recurrence to the fundamental principles of the
constitution, and a constant adherence to those of piety, justice, moderation,
temperance, industry, and frugality, are absolutely necessary to preserve
the advantages of liberty and to maintain a free government. The people
ought, consequently, to have a particular attention to all those principles,
in the choice of their officers and representatives; and they have a right
to require of their lawgivers and magistrates an exact and constant observation
of them, in the formation and execution of the laws necessary for the good
administration of the commonwealth.
Art. XIX. The people have a right, in an orderly and peaceable manner,
to assemble to consult upon the common good; give instructions to their
representatives, and to request of the legislative body, by the way of
addresses, petitions, or remonstrances, redress of the wrongs done them,
and of the grievances they suffer.
Art. XX. The power of suspending the laws, or the execution of the laws,
ought never to be exercised but by the legislature, or by authority derived
from it, to be exercised in such particular cases only as the legislature
shall expressly provide for.
Art. XXI. The freedom of deliberation, speech, and debate, 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 of place whatsoever.
Art. XXII. The legislature ought frequently to assemble for address
of grievances, for correcting, strengthening, and confirming the laws,
and for making new laws, as the common good may require.
Art. 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.
Art. XXIV. Laws made to punish for actions done before the existence
of such laws, and which have not been declared crimes by preceding laws,
are unjust, oppressive, and inconsistent with the fundamental principles
of a free government.
Art. XXV. No subject ought, in any case, or in any time, to be declared
guilty of treason or felony by the legislature.
Art. XXVI. No magistrate or court of law shall demand excessive bail
or sureties, impose excessive fines, or inflict cruel or unusual punishments.
Art. XXVII. In time of peace, no soldier ought to be quartered in any
house without the consent of the owner; and in time of war, such quarters
ought not be made but by the civil magistrate, in a manner ordained by
the legislature.
Art. XXVIII. No person can in any case be subjected to law-martial,
or to any penalties or pains, by virtue of that law, except those employed
in the army or navy, and except the militia in actual service, but by authority
of the legislature.
Art. XXIX. It is essential to the preservation of the rights of every
individual, his life, liberty, property, and character, that there be an
impartial interpretation of the laws, and administration of justice. It
is the right of every citizen to be tried by judges as free, impartial,
and independent as the lot of humanity will admit. It is, therefore, not
only the best policy, but for the security of the rights of the people,
and of every citizen, tht 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.
Art. 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 powers,
or either of them; the judicial shall never exercise the legislative and
executive powers, or either of them; to the end it may be a government
of laws, and not of men.
PART THE SECOND
The Frame of Government
The people inhabiting the territory formerly called the province of
Massachusetts Bay do hereby solemnly and mutually agree with each other
to form themselves into a free, sovereign, and independent body-politic
or State, by the name of the commonwealth of Massachusetts.
CHAPTER I.--THE LEGISLATIVE POWER
Section I.--The General Court
Article 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 May; and shall be styled the General Court of Massachusetts.
Art. II. No bill or resolve of the senate or house of representatives
shall become a law, and have force as such, until it shall have been laid
before the governor for his revisal; and if he, upon such revision, approve
thereof, he shall signify his approbation by signing the same. But if he
have any objection to the passing such bill or resolve, he shall return
the same, together with his objections thereto, in writing, to the senate
or house of representatives, in whichsoever the same shall have originated,
who shall enter the objections sent down by the governor, at large, on
their records, and proceed to reconsider the said bill or resolve; but
if, after such reconsideration, two-thirds of the said senate or house
of representatives shall, notwithstanding the said objections, agree to
pass the same, it shall, together with the objections, be sent to the other
branch of the legislature, where it shall also be reconsidered, and if
approved by two-thirds of the members present, shall have the force of
law; but in all such cases, the vote of both houses shall be determined
by yeas and nays; and the names of the persons voting for or against the
said bill or resolve shall be entered upon the public records of the commonwealth.
And in order to prevent unnecessary delays, if any bill or resolve shall
not be returned by the governor within five days after it shall have been
presented, the same shall have the force of law.
Art. III. 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 of the commonwealth, for the hearing, trying, and
determining of all manner of crimes, offences, pleas, processes, plaints,
actions, matters, causes, and things whatsoever, arising or happening within
the commonwealth, or between or concerning persons inhabiting or residing,
or brought within the same; whether the same be criminal or civil, or whether
the said crimes be capital or not capital, and whether the said pleas be
real, personal, or mixed; and for the awarding and making out of execution
thereupon; to which courts and judicatories are hereby given and granted
full power and authority, from time to time, to administer oaths or affirmations,
for the better discovery of truth in any matter in controversy, or depending
before them.
Art. 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 ordinances, directions and instructions, either with penalties or without,
so as the same be not repugnant or contrary to this constitution, as they
shall judge to be for the good and welfare of this commonwealth, and for
the government and ordering thereof, and of the subjects of the same, and
for the 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 administered unto
them for the execution of their several offices and places, so as the same
be not repugnant or contrary to this constitution; and to impose and levy
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, merchandise, and commodities whatsoever,
brought into, produced, manufactured, or being within the same; to be issued
and disposed of by warrant, under the hand of the governor of this commonwealth,
for the time being, with the advice and consent of the council, for the
public service, in the necessary defence and support of the government
of the said commonwealth, and the protection and preservation of the subjects
thereof, according to such acts as are or shall be in force within the
same.
And while the public charges of government, or any part thereof, shall
be assessed on polls and estates, in the manner that has hitherto been
practised, in order that such assessments may be made with equality, there
shall be a valuation of estates within the commonwealth, taken anew once
in every ten years at least, and as much oftener as the general court shall
order.
CHAPTER I
Section 2.--Senate
Article I. There shall be annually elected, by the freeholders and other
inhabitants of this commonwealth, qualified as in this constitution is
provided, forty persons to be councillors and senators, for the year ensuing
their election; to be chosen by the inhabitants of the districts into which
the commonwealth may from time to time be divided by the general court
for that purpose; and the general court, in assigning the numbers to be
elected by the respective districts, shall govern themselves by the proportion
of the public taxes paid by the said districts; and timely make known to
the inhabitants of the commonwealth the limits of each district, and the
number of councillors 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 councillors 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 councillors and senators, viz: . .
. .[39 senators]
Art. II. The senate shall be the first branch of the legislature; and
the senators shall be chosen in the following manner, viz: There shall
be a meetin on the first Monday 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 n April, for the purpose of electing persons to
be senators and councillors; and at such meetings every male inhabitant
of twenty-one year of age and upwards, having a freehold estate of thevalue
of sixty pounds, shall have a right to give in his vote for the senators
for the district of which he is an inhabitant. And to remove all doubts
concerning themeaning 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 dwellethor 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 selectment, and in open town meeting, of the
name of every person voted for, and of the number of votes against his
name; and a fair copy of this record shall be attested by the selectmen
and the town clerk, and shall be sealed up, directed to the secretary of
the commonwealth, for the time being, with a superscription expressing
the purport of the contents thereof, and delivered by the town clerk of
such towns to the sheriff of the county in which such town lies, thirty
days at least before the last Wednesday in May, annually; or it shall be
delivered into the secretary's office seventeen days at least before the
said last Wednesday in May; and the sheriff of eaach 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 the plantations unincorporated, qualifed as this
constitution provides, who are or shall beempowered and required to assess
taxes upon themselves toward the support of government, shall have the
same privilege of voting for councillors 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 Monday in April, at such place in the plantations, respectively,
as the assessors thereof shall direct; which assessors shall have like
authoirty for notifying the electors, collecting and returning the votes,
as the selectmen and town clerks have in their several towns by this constitution.
And all other persons living in places unincorporated, (qualified as aforesaid,)
who shall be assessed to the support of government by assessors of an adjacent
town, shall have the privilege of giving in their votes for councillors
and senators in the town where they shall be assessed, and be notified
of the place of meeting by the selectmen of the town where they shall be
assessed, for that purpose, accordingly.
Art. III. And that there may be a due convention of senators, on the
last Wednesday in May, annually, the governor, with five of the council,
for the time being, shall, as soon as may be, examine the returned copies
of such records; 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 shall be examined by the president
and five of the council of the former constitution of government; and the
said president shall, in like manner, issue his summons to the persons
so elected, tht they may take their seats as aforesaid.
Art. IV. The senate shall be the final judge of the elections, 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 eah district to be senators by a majority of votes;
and in case there shall not be the full number of senators returned, elected
by a majority of votes for any district, the deficiency shall be supplied
in the following manner, viz: The members of the house of representatives,
and such senators as shall be declared elected, shall take the names of
such persons as shall be found to have the highest number of votes in such
district, and not elected, amounting to twice the number of senators wanting,
if there be so many voted for, and out of these shall elect by ballot a
number of senators sufficient to fill up the vacancies in such district;
and inthis manner all such vacancies shall be filled up in every district
of the commonwealth; and in like manner all vacancies in the senate, arising
by death, removal out of the State or otherwise, shall be supplied as soon
as may after such vacancies shall happen.
Art. 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.
Art. VI. The senate shall have power to adjourn themselves; provided
such adjournments do not exceed two days at a time.
Art. VII. The senate shall choose its own president, appoint its own
officers, and determine its own rules of proceedings.
Art. 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 maladminstration
in their offices; but, previous to the trial of every impeachment, the
members of the senate shall, respectively, be sworn truly and impartially
to try and determine the charge in question, according to the evidence.
Their judgment, however, shall not extend further than to removal from
office, and disqualification to hold or enjoy any place of honor, trust,
or profit under this commonwealth; but the part so convicted shall be,
nevertheless, liable to indictment, trial, judgment, and punishment, according
to the laws of the land.
Art. IX. Not less than sixteen members of the senate shall constitute
a quorum for doing business.
CHAPTER I.
Section 3.--House of Representatives
Article I. There shall be, in the legislature of this commonwealth,
a representation of the people, annually elected, and founded upon the
principle of equality.
Art. II. And in order to provide for a representtion of the citizens
of this commonwealth, founded upon the principle of equality, every corporate
town containing one hundred and fifty ratable polls, may elect one representative;
every corporate town containing three hundred and seventy-five ratable
polls, may elect two representatives; every corporate town containing six
hundred ratable polls, may elect three representatives; and proceeding
in that manner, making two hundred and twenty-five ratable polls the mean
increasing number for every additional representative.
Provided, nevertheless, That each town now incorporated, not
having one hundred and fifty ratable polls, may elect one representative;
but no place shall hereafter be incorporated with the privilege of electing
a representative, unless there are within the same one hundred and fifty
ratable polls.
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
of 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 treasury, to every member who shall attend as seasonably
as he can, in the judgment of the house, and does not depart without leave.
Art. III. 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, andhave been seized in his own right
of a freehold of the value of one hundred pounds, within the town he shall
be
chosen to represent, or any ratable estate to the value of two hundred
pounds; and he shall cease to represent the said town immediately on his
ceasing to be qualified as aforesaid.
Art. IV. Every male person being twenty-one years of age, and resident
in any particular town in this commonwealth, for the space of one year
next preceding, having a freehold estate within the same town, of the annual
income of three pounds, or any estate of the value of sixty pounds, shall
have a right to vote in the choice of a representative or representatives
for the said town.
Art. V. The 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.
Art. 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.
Art. VII. All money bills shall originate in the house of representatives;
but the senate may propose or concur with amendments, as on other bills.
Art. VIII. The house of representatives shall have power to adjourn
themselves; provided such adjournments shall not exceed two days at a time.
Art. IX. Not less than sixty members of the house of representatives
shall constitute a quorum for doing business.
Art. X. The house of representatives shall be the judge of the returns,
elections, and qualifications of its own members, as point out in the constitution;
shall choose their own speaker, appoint their own officers, and settle
the rules and order of proceeding in their own house. They shall have authority
to punish by imprisonment every person, not a member, who shall be guilty
of disrespect to the house, by any disorderly or contemptuous behavior
in its presence; or who, in the twon 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 anything 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 way in
going or returning; or who shall rescue any person arrested by the order
of the house.
And no member of the house of representatives shall be arrested, or
held to bail on mesne process, during his going unto, returning from, or
his attending the general assembly.
Art. 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 hav authority to try and determine, by committees of
their own members, or in such other way as they may, respectively, think
best.
CHAPTER II.--EXECUTIVE POWER
Section I,--Governor
Article I. There shall be a supreme executive magistrate, who shall
be styled "The governor of the commonwealth of Massachusetts;" and whose
title shall be "His Excellency."
Art. 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 unless he shall, at the same time, be seized, in his own right, of
a freehold, within the commonwealth, of the value of one thousand pounds;
and unless he shall declare himself to be of the Christian religion.
Art. 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 voernor to the selectmen, who shall
preside at such meetings; and the town clerk, in the presence and with
the assistance of the selectmen, shall, in open town meeting, sort and
count the votes, and form a list of the persons foted for, with the number
of votes for each person against his name; and shall make a fair record
of the same in the town books, and a public declaration thereof in the
said meeting; and shall, in the presence of the inhabitants, seal up copies
of the said list, attested by him and the selectmen, and transmit the same
to the sheriff of the county, thirty days at least before the last Wednesday
in May; and the sheriff shall transmit the same to the secretary's office,
seventeen days at least before the said last Wednesday in May; or the selectmen
may cause returns of the same to be made, to the office of the secretary
of the commonwealth, seventeen days at least before the said day; and the
secretary shall lay the same before the senate and the house of representatives,
on the last Wednesday in May, to be by them examined; and in case of an
election by 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 otherwise, out of the number voted for; and make
return to the senate of the two persons so elected; on which the senate
shall proceed, by ballot, to elect one, who shall be declared governor.
Art. IV. The governor shall authority, from time to time, at his discretion,
to assemble and call together the councillors of this commonwealth for
the time being; and the governor, with the said councillors, or five of
them at least, shall and may, from time to time, hold and keep a council,
for the ordering and directing the affairs of the commonwealth, agreeably
to the constitution and the laws of the land.
Art. V. The governor, with advice of council, shall have full power
and authority, during the session of the general court, to adjourn or prorogue
thesame at any time the two houses shall desire; and to dissolve the same
on the day nex 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 commonwealth
shall require the same; and in case of any infectious distemper prevailing
in the place where the said court is next at any time to convene, or any
other cause happening, whereby danger may arise to the health or lives
of the members from their attendance, he may direct the session to be held
at some other the most convenient place within the State.
And the governor shall dissolve the said general court on the day next
preceding the last Wednesday in May.
Art. VI. In cases of disagreement between the two houses, 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.
Art. VII. The governor of this commonwealth, 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 any commander, or other officer or officers, from time to time, to
train, instruct, exercise, and govern the militia and navy; and, for the
special defence and safety of the commonwealth, to assemble in martial
array, and put in warlike posture, the inhabitants thereof, and to lead
and conduct them, and with them to encounter, repel, resist, expel, and
pursue, by force of arms, as by sea as by land, within or within the limits
of this commonwealth; and also to kill, slay, and destroy, if necessary,
and conquer, by all fitting ways, enterprises, and means whatsoever, all
and every such person and persons as shall, at any time hereafter, in a
hostile manner, attempt or enterprise the destruction, invasion, detriment,
or annoyance of this commonwealth; and to use and exercise over 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, and ammunititon, and other goods, as shall, in
a hostile manner, invade, or attempt the invading, conquering, or annoying
this commonwealth; and that the governor be intrusted with all these and
other powers incident to the offices of captain-general and commander-in-chief,
and admiral, to be exercised agreeably to the rules and regulations of
the constitution and the laws of the land, and not otherwise.
Provided, That the said governor shall not, at any time hereafter,
by virtue of any power by this constitution granted, or hereafater to be
granted to him by the legislature, transport any of the inhabitants of
this commonwealth, or oblige them to march out of the limits of the same,
without their free and voluntary consent, or the consent of the general
court; except so far as may be necessary to march or transport them by
land or water for the defence of such part of the State to which they cannot
otherwise conveniently have access.
Art. 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 or
pardon, granted by the governor, with the advice of the council, before
conviction, shall avail the party pleading the same, notwithstanding any
general or particular expressions contained therein, descriptive of the
offence or offences intended to be pardoned.
Art. IX. All judicial officers, the attorney-general, the solicitor-general,
all sheriffs, coroners, and registers of probate, shall be nominated and
appointed by the governor, by and with the advice and consent of the council;
and every such nomination shall be made by the governor, and made at least
seven days prior to such appointment.
Art. 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 twnety years of age and upwards; the field-officers of regiments
shall be elected by the written votes of the captains and subalterns of
their respective regiments; the brigadiers shall be elected, in like manner,
by the field-officers of their respective brigades; and such officers,
so elected, shall be commissioned by the governor, who shall determine
their rank.
The legislature shall, by standing laws, direct the time and manner
of convening the electors, and of collecting votes, and of certifying to
the governer the officers 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 elections, after being duly notified,
according tot he laws for the time being, then the governor, with the advice
of council, shall appoint suitable persons to fill such offices.
And no officer, duly commissioned to command in the militia, shall be
removed from his office, but by the address 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
quartermasters; the brigadiers, their brigade-majors; and the major-generals,
their aids; and the governor shall appoint the adjutant-general.
The governor, with the advice of council, shall appoint all officers
of the Continental Army, whom, by the Confederation of the United States,
it is provided that this commonwealth shall appoint, as also all officers
of forts and garrisons.
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 in this commonwealth, until the
same shall be altered in pursuance of some future law.
Art. XI. No moneys shall be issued out of the treasury of this commonwealth
and disposed of, except such sums as may be appropriated for the redemption
of bills of credit or treasurer's notes, or for the payment of interest
arising thereon, but by warrant under the hand of the governor for the
time being, with the advice and consent of the council for the necessary
defence and support of the commonwealth, and for the protection and preservation
of the inhabitants thereof, agreeably to the acts and resolves of the general
court.
Art. XII. All public boards, the commissary-general, all superintending
officers of public magazines and stores, belonging to this commonwealth,
and all commanding officers of forts and garrisons within the same, shall,
once in every three months, officially and without requisition, and at
other times, when required by the governor, deliver to him an account of
all goods, stores, provisions, ammunition, cannon, with their appendages,
and small-arms with their accoutrements, and of all other public property
whatever under their care, respectively; distinguishing the quantity, number,
quality, and kind of each, as particularly as may be; together with the
condition of such forts and garrisons; and the said commanding officer
shall exhibit to the governor, when required by him, true and exact plans
of such forts, and of the land and sea, or harbor or harbors, adjacent.
And the said boards, and all public officers, shall communicate to the
governor, as soon as may be after receiving the same, all letters, dispathces,
and intelligences of a public nature, which shall be directed to them respectively.
Art. XIII. As the public good requires that the governor should not
be under the undue influence of any of the members of the general court,
by a dependence on them for his 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 honorable
stated salary, of a fixed and permanent value, amply sufficient for those
purposes, and established by standing laws; and it shall be among the first
acts of the general court, after the commencement of this constitution,
to establish such salary by law accordingly.
Permanent and honorable salaries shall also be established by law for
the justices of the supreme judicial court.
And if it shall be found that any of the salaries aforesaid, so established,
are insufficient, they shall, from time to time, be enlarged, as the general
court shall judge proper.
CHAPTER II.
Section 2.--Lieutenant-Governor
Article I. There shall be annually elected a lieutenant-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 governor; and the day and
manner of his election, and the qualification 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 election, shall be in
the same manner; and if no one person shall be found to have a majority
of all the votes returned, the vacancy shall be filled by the senate and
house of representatives, in the same manner as the governor is to be elected,
in case no one person shall have a majority of the votes of the people
to be governor.
Art. II. The governor, and in his absence the lieutenant-governor, shall
be president of the council; but shall have no voice in council; and the
lieutenant-governor shall always be a member of the council, except when
the chair of the governor shall be vacant.
Art. III. Whenever the chair of the governor shall be vacant, by reason
of his death, or absence from the commonwealth, 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 personally
present.
CHAPTER II.
Section 3.--Council, and the Manner of Settling Elections by the Legislature
Article I. There shall be a council, for advising the governor in the
executive part of the government, to consist of nine persons besides the
lieutenant-governor, whom the governor, for the time being, shall have
full power and authority, from time to time, at this discretion, to assemble
and call together; and the governor, with the said councillors, or five
of them at least, shall and may, from time to time, hold and keep a council,
for the ordering and directing the affairs of the commonwealth, according
to the laws of the land.
Art. II. Nine councillors shall be annually chosen from among the persons
returned for councillors and senators, 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 accept a seat in the council, the deficiency
shall be made up by the electors aforesaid from among the people at large;
and the number of senators left shall 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.
Art. III. The councillors, in the civil arrangements of the commonwealth,
shall have rank next after the lieutenant-governor.
Art. IV. Not more than two councillors shall be chosen out of any one
district in this commonwealth.
Art. 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 resolution of the
majority.
Art. VI. Whenever the office of the governor and lieutenant-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 constitution, do or execute, if they, or either of them, were personally
present.
Art. 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 the senate, if any, shall first be
filled up; the governor and lieutenant-governor shall then be elected,
provided there should be no choice of them by the people; and afterwardss
the two houses shall proceed to the election of the council.
CHAPTER II.
Section 4.--Secretary, Treasurer, Commissary, etc.
Article I. The secretary, treasurer, and receiver-general, and the commissary-general,
notaries public, and naval officers, shall be chosen annually, by joint
ballot of the senators and representatives, in one room. And, that the
citizens of this commonwealth may be assured, from time to time, that the
moneys remaining in the public treasury, upon the settlement and liquidation
of the public accounts, are their property, no man shall be eligible as
treasurer and receiver-general more than five years successively.
Art. II. The records of the commonwealth shall be kept in the office
of the secretary, who may appoint his deputies, 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 deputies, as they shall
respectively require.
CHAPTER III.
Judiciary Power.
Article I. The tenure that all commission officers shall by law have
in their officces shall be expressed in their respective commissions. All
judicial officers, duly appointed, commissioned, and sworn, shall hold
their offices during good behavior, excepting such concerning whom there
is different provision made in this constitution: Provided, nevertheless,
The governor, with consent of the council, may remove them upon the address
of both houses of the legislature.
Art. II. Each branch of the legislature, as well as the governor and
council, shall have authority to require the opinions of the justices of
the supreme judicial court upon important questions of law, and upon solemn
occasions.
Art. 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 duties of his office with ability or fidelity, all commissions
of justices of the peace shall expire and become void in the term of seven
years from their respective dates; and, upon the expiration of any commission,
the same may, if necessary, be renewed, or another person appointed, as
shall most conduce to the well-being of the commonwealth.
Art. IV. The judges of probate of wills, and for granting 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.
Art. 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, by law, make other provision.
CHAPTER IV.
Delegates to Congress
The delegates of this commonwealth to the Congress of the United States
shall, some time in the month of June, annually, be elected by the joint
ballot of the senate and house of representatives assembled together in
one room; to serve in Congress for one year, to commence on the first Monday
in November, then next ensuing. They shall have commissions under the hand
of the governor, and the great seal of the commonwealth; but may be recalled
at any time within the year, and others chosen and commissioned, in the
same manner, in their stead.
CHAPTER V.--THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE,
ETC.
Section 1.--The University
Article I. Whereas our wise and pious ancestors, so early as the year
[1636], laid the foundation of Harvard College, in which university many
persons of great prominence have, by the blessing of God, been initiated
in those arts and sciences which qualified them for the public employments,
both in church and State; and whereas the encouragement of arts and sciences,
and all good literature, tends to the honor of God, the advantage of the
Christian religion, and the great benefit of this and the other other United
States of America, it is declared, that the president 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 fellows of Harvard College, and to their successors,
and to their officers and servants, respectively, forever.
Art. II. and whereas there have been, at sundry times, by divers persons,
gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies,
and conveyances heretofore made, either to Harvard College in Cambridge,
in New England, or to the president and fellows of Harvard College, or
to the said college, by some other description, under several charters
succcessively, it is declared, that all the said gifts, grants, devises,
legacies, and conveyances are hereby forever confirmed unto the president
and fellows of Harvard College, and to their successors, in the capacity
aforesaid, according to the true intent and meaning of the donor or donors,
grantor or grantors, devisor or devisors.
Art. III. And whereas by an act of the general court of the colony of
Massachusetts Bay, passed in the year [1642], 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, is the said act described,
constituted the overseers of Harvard College; and it being necessary, in
this new constitution of government, to ascertain who shall be deemed successors
to the said governor, deputy governor, and magistrates, it is declared
that the governor, lieutenant-governor, council, and senate of this commonwealth
are, and shall be deemed, their successors; who, with the president of
Harvard College, for the time being, together with the ministers of the
congregational churches int he 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 nothing herein shall be construed to prevent the legislature of this
commonwealth from making such alterations in the government of the said
university as shall be conducive to its advantage, and the interest of
the republic of letters, in as full a manner as might have been done by
the legislature of the late province of the Massachusetts Bay.
CHAPTER V.
Section 2.--The Encouragement of Literature, etc.
Wisdom and knowledge, as well as virtue, diffused generally among the
body of the people, being necessary for the preservation of their rights
and liberties; and as these depend on spreading the opportunities and advantages
of education in the various parts of the country, and among the different
orders of the people, it shall be the duty of legislatures and magistrates,
in all future periods of this commonwealth, to cherish the interests of
literature and the sciences, and all seminaries of them; especially the
university at Cambridge, public schools, adn grammar-schools in the towns;
to encourage private societies and public institutions, rewards and immunities,
for the promotion of agriculture, arts, sciences, commerce, trades, manufactures,
and a natural history of the country; to countenance and inculcate the
principles of humanity and general benevolence, public and private charity,
industry and frugality, honesty and punctuality in their dealings; sincerity,
and good humor, and all social affections and generous sentiments, among
the people.
CHAPTER VI.
Oaths and Subscriptions; Incompatibility of and Exclusion from Offices;
Pecuniary Qualifications; Commissions; Writs; Confirmation of Laws; Habeas
Corpus; The Enacting Style; Continuance of Officers; Provision for a Future
Revisal of the Constitution, etc.
Article I. Any person chosen governor, lieutenant-governor, councillor,
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 I believe the Christian religion, and have
a firm persuasion of its truth; and that I am seized and possessed, in
my own right, of the property required by the constitution, as one qualification
for the office or place to which I am elected."
And the governor, lieutenant-governor, and councillors 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 council of the former constitution;
and forever afterwards, before the governor and council for the time being.
And every person chosen to either of the places or offices aforesaid,
as also any persons appointed or commissioned to any judicial, executive,
military, or other office under the government, shall, before he enters
on the discharge of the business of his place or office, take and subscribe
the following declaration and oaths or affirmations, viz:
"I, A.B., do truly and sincerely acknowledge, profess, testify, and
declare that the commonwealth of Massachusetts is, and of right ought to
be, a free, sovereign, and independent State, and I do swear that I will
bear true faith and allegiance to the said commonwealth, and that I will
defend the same against traitorous conspiracies and all hostile attempts
whatsoever; and that I do renounce and abjure all allegiance, subjection,
and obedience tot he King, Queen, or government of Great Britain, (as the
case may be,) and every other foreign power whatsoever; and that no foreign
prince, person, prelate, state, or potentate hath, or ought to have, any
jurisdiction, superiority, preeminence, authority, dispensing or other
power, in any matter, civil, ecclesiastical, or spiritual, within this
commonwealth; except the authority and power which is or may be vested
by their constituents in the Congress of the United States; and I do further
testify and declare that no man, or body of men, hat, or can have, any
right to absolve or discharge me from the obligation of this oath, declaration,
or affirmation; and that I do make this acknowledgment, profession, testimony,
declaration, denial, renunciation, and abjuration heartily and truly, according
to the common meaning and acceptation of the foregoing words, without any
equivocation, mental evasion, or secret reservation whatsoever: So help
me, God."
"I, A.B., do solemnly swear and affirm that I will faithfully and impartially
discharge and perform all the duties incumbent on me as ----------, according
to the best of my abilities and understanding, agreeably to the rules and
regulations of the constitution and the laws of the commonwealth: So help
me, God."
Provided always, That when any person, chosen and appointed as
aforesaid, shall be of the denomination of people called Quakers, and shall
decline taking the said oaths, he shall make his affirmation in the foregoing
form, and subscribe the same, omitting the words, "I do swear," "and abjure,"
"oath or," "and abjuration," in the first oath; and in the second oath,
the words, "swear and," and in each of them the words, "So help me, God;"
subjoining instead thereof, "This I do under the pains and penalites of
perjury."
And the said oaths or affirmations shall be taken and subscribed by
the governor, lieutenant-governor, and councillors, before the president
of the senate, in the presence of the two houses of assembly; and by the
senators and representatives first elected under this constitution, before
the president and five of the council of the former constitution; and forever
afterwards before the governor and council for the time being; and by the
residue of the officers aforesaid, before such persons and in such manner
as from time to time shall be prescribed by the legislature.
Art. II. No governor, lieutenant-governor, or judge of the supreme judicial
court shall hold any other office orplace, under the authority of this
commonwealth, except such as by the constitution they are admitted to hold,
saving that the judges of the said court may hold the office of the 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 government,
or power, whatever.
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 council, or the senate, or the house of representatives,
or by the election of the people of the State at large, or of the people
of any county, military offices, and the offices of justices of the peace
excepted, shall be held by one person.
No person holding the office of judge of the supreme judicial court,
secretary, attorney-general, solicitor-general, treasurer or receiver-general,
judge of probate, commissary-general, president, professor, or instructor
of Harvard College, sheriff, clerk of the house of representatives, register
of probate, register of deeds, clerk of the supreme judicial court, clerk
of the inferior court of common pleas, or officer of the customs, including
in this description naval officers, shall at the same time have a seat
in the senate or house of representatives; but their being chosen or appointed
to, and accepting the same, shall operate as a resignation of their seat
in the senate or house of representatives; and the place so vacated shall
be filled up.
And the same rule shall take place in case any judge of the said supreme
judicial court or judge of probate shall accept a seat in council, or any
councillor 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 shall in the due course of law have been convicted of bribery or corruption
in obtaining an election or appointment.
Art. III. In all cases where sums or money are mentioned in this constitution,
the value thereof shall be computed in silver, at six shillings and eight
pence per ounce; and it shall in the power of the legislature, from time
to time, to increase such qualifications, as to property, of the persons
to be elected to offices as the circumstances of the commonwealth shall
require.
Art. IV. All commissions shall be in the name of the commonwealth of
Massachusetts, signed by the governor, and attested by the secretary or
his deputy, and have the great seal of the commonwealth affixed thereto.
Art. V. All writs, issuing of the clerk's office in any of the courts
of law, shall be in the name of the commonwealth of Massachusetts; they
shall be under the seal of the court from when they issue; they shall bear
test of the first justice of the court to which they shall be returned
who is not a party, and be signed by the clerk of such court.
Art. VI. All the laws which have heretofore been adopted, used, and
approved in the province, colony, or State of Massachusetts Bay, and usually
practiced on in the courts of law, shall still remain and be in full force,
until altered or repealed by the legislature, such parts only excepted
as are repugnant to the rights and liberties contained in this constitution.
Art. VII. The privilege and benefit of the writ of habeas corpus
shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious,
and ample manner, and shall not be suspended by the legislature, except
upon the most urgent and pressing occasions, and for a limited time, not
exceeding twelve months.
Art. 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 authority of the same."
Art. IX. To the end there may be no failure of justice or danger arise
to the commonwealth from a change in 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 shalol take effect,
shall have, hold, use, exercise, and enjoy all the powers and authority
to them granted or committed until other persons shall be appointed in
their stead; and all courts of law shall proceed int he execution of the
business of their respective departments; and all the executive and legislative
officers, bodies, and powers shall continue in full force, in the enjoyment
and exercise of all their trusts, employments, and authority, until the
general court, and the supreme and executive officers under this constitution,
are designated and invested with their respective trusts, powers, and authority.
Art. X. In order the more effectually to adhere tot he principles of
the constitution, and to correct those violations which by any means may
be made therein, as well as to form such alterations as from experience
shall be found necessary, the general court which shall be in the year
of our Lord [1795] shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorporated plantations, directing
them to convene the qualified voters of their respective towns and plantations,
for the purpose of collecting their sentiments on the necessity or expediency
of revising the constitution in order to amendments.
And if it shall appear, by the returns made, that two-thirds of the
qualified voters thoughout the State, who shall assemble and vote in consequence
of the said precepts, are in favor of such revision or amendment, the general
court shall issue precepts, or direct them to be issued from the secretary's
office, to the several towns to elect or direct them to be issued from
the secretary's office, to the several towns to elect delegates to meet
in convention for the purpose aforesaid.
And 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.
Art. 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.