directions to the contrary, the council be chosen by the people of each respective county, in such manner as the council and house of representatives shall order. That general and field officers of the militia, on any vacancy, be appointed by the two houses, and all inferior officers be chofen by the respective companies. That all officers of the army be appointed by the two houses, except they should direct otherwise in case of any emergency. That all civil officers for the colony and for each county be appointed, and the time of their continuance in office be determined, by the two houses, except clerks, and county treasurers, and recorders of deeds. That a treasurer, and a recorder of deeds, for each county be annually chosen, by the people of each county respectively; the votes for fuch officers to be returned to the respective courts of general sessions of the peace, in the county, there to be ascertained, as the council and assembly shall hereafter direct. That precepts, in the name of the council and assembly, figned by the president of the council, and speaker of the house of representatives, shall issue annually, at or before the first day of November, for the choice of a council, and house of representatives, to be returned by the third Wednesday in December then next enfuing, in such manner as the council and afssembly shall hereafter prescribe. In the HOUSE of REPRESENTATIVES, September 19, 1776. Voted and Refolved, THAT as any new towns or fettlements in this state, shall increase in their number of inhabitants from year to year, or from time to time, precepts shall issue for their sending delegates to council and assembly, fo as to be fully represented, according to their numbers, proportionable with other parts of the state. Sent up for Concurrence, P. WHITE, Speaker. In COUNCIL, Eodem Die. Read and Concurred. E. THOMPSON, Secretary. Copy examined, per E. THOMPSON, Secretary. D MASSA 1 MASSACHUSETTS. A CONSTITUTION, or FRAME of GOVERNMENT, T PREAMBLE. HE end of the institution, maintenance and administration of government, is to secure the existence of the bodypolitic, to protect it, and to furnish the individuals who compofe it, with the power of enjoying, in safety and tranquillity, their natural right, 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, profperity and happiness. The body-politic is formed by a voluntary afssociation 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 Legiflator of the Universe, in affording us, in the course of his providence, an op-portunity, deliberately and peaceably, without fraud, violence, or furprize, of entering into an original, explicit, and folemn compact with each other; and of forming a new constitution of civil government, for ourselves and pofterity; 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. 1 PART 1 PART I. A DECLARATION of RIGHTS, of the Inhabitants of the Commonwealth of Massachusetts. Art. I. LL men are born free and equal, and have certa'n among A natural, effential, and unalienable rights; which may be reckoned the right of enjoying and defending their liveş and liberties; that of acquiring, poffeffing, 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 eftate, for worshipping God in the manner and season most agreeable to the dictates of his own confcience; or for his religious profeffion or fentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship. HI. 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 diffufed 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 authorife and require, and the legiflature shall, from time to time, authorise and require the several towns, parishes, precincts, and other bodies politic, or religious societies, to make fuitable provision, at their own expence, for the institution of the public worship of God, and for the support and maintenance of public proteftant teachers of piety, religion, and morality, in all cafes 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, an attendance upon the instructions of the public teachers as aforesaid, at stated times and seasons, if there be any on whose instructions they can confcientioufly and conveniently attend. Provided notwithstanding, that the several towns, parishes, precincts, and other bodies-politic, or religious societies, shall, at all times, have the exclufive right of electing their public teachers, and of contracting with them for their support and maintenance. Y And all monies paid by the subject to the support of publie 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 monies 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 fubordination of any one sect or denomination to another shall ever be established by law. IV. The people of this commonwealth have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and for ever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them expresly delegated to the United States of America, in Congress assembled. V. All power residing originally in the people, and being derived from them, the several magiftrates and officers of government, vested with authority, whether legislative, executive, of judicial, are their substitutes and agents, and are at all times accountable to them. VI. No man, or 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 arises from the confideration of services rendered to the public; and this title being in nature neither hereditary nor transmissible to children, or defcendants, or relations by blood, the idea of a man born a magiftrate, lawgiver, or judge, is absurd and unnatural. VII. Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honour, or private interest of any one man, family, or class of men: Therefore, the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, profperity, and happiness require it. VIII. In order to prevent those, who are vested with authority from becoming oppreffors, the people have a right, at fuch 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. IX. All elections ought to be free, and all the inhabitants of th's commonwealth, having fuch qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected for public employments. X. Each X. Each individual of the society has a right to be protected by it, in the enjoyment of his life, liberty, and property, according to standing laws. He is obliged, consequently, to contribute his share to the expence of this protection; to give his personal fervice, 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 controulable by any other laws, than those to which their conftitutional representative body have given their confent. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compenfation therefor. XI. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; compleatly, and without any denial; promptly, and without delay; conformably to the laws. XII. No subject shall be held to answer for any crime or offence, until the fame is 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 favourable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his council, 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. XIII. In criminal prosecutions, the verification of facts in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen. XIV. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his poffeffions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously fupported by oath or affirmation; and if the order in a warrant to a civil officer, to make search in all suspected places, or to arrest one or more fuspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued, but in cases and with the formalities prescribed by the laws. XV. In all controverfies concerning property, and in all fuits between |