ART. 6. Governor and council may adjourn general court, in cases, &c., but not exceeding ninety days.

ART. 7.

Governor to be commander-in-chief-Limitation.

ART. 8. Governor and council may pardon offences, except, &c., but not before conviction.

ART. 9. All judicial officers, &c., how nominated and appointed.

ART. 10. Militia officers, how elected-How commissioned-Major-generals, how appointed and commissioned-Vacancies, how filled, in case, &c.-Officers, duly commissioned, how removed-Adjutants, &c., how appointed-Organization of militia.

ART. 11. Money, how drawn from the treasury, except, &c.
ART. 12. All public boards, &c., to make quarterly returns.

ART. 13. Salary of governor-Salaries of justices of supreme judicial court-Salaries to be enlarged, if insufficient.

SECTION II.-The Lieutenant-Governor.

ARTICLE 1. Lieutenant-governor; his title and qualifications-How chosen.

ART. 2. President of council-Lieutenant-governor a member of, except, &c.

ART. 3. Lieutenant-governor to be acting governor, in case, &c.

ARTICLE 1. Council.

SECTION III.-The Council.

ART. 2. Number; from whom and how chosen-If senators become councillors their seats to be vacated.

ART. 6. Council to exercise the power of governor in case,

&c.

ART. 7. Elections may be adjourned, until, &c.-Order thereof.

SECTION IV.-Secretary, Treasurer, Commissary, &c.

ARTICLE 1. Secretary, &c., by whom and how chosen-Treasurer ineligible for more than five successive years.

ART. 2. Secretary to keep records, to attend the governor and council, &c.

CHAPTER III.-JUDICIARY POWER.

ARTICLE 1. Tenure of all commissioned officers to be expressed-Judicial officers to hold office during good behavior, except, &c.-But may be removed on address.

ART. 2. Justices of supreme judicial court to give opinions, when required.

ART. 3. Justices of the peace; tenure of their office.

ART. 4. Provision for holding probate courts.

ART. 5. Provision for determining causes of marriage, divorce, &c.

CHAPTER IV. DELEGAETS TO CONgress.

CHAPTER V.-THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, &c.

SECTION I.-The University.

ARTICLE 1. Harvard College-Powers, privileges, &c., of the president and fellows, confirmed.

ART. 2. All gifts, grants, &c., confirmed.

ART. 3. Who shall be overseers-Power of alteration reserved to the legislature.

SECTION II.-The Encouragement of Literature.

Duty of legislators and magistrates in all future periods.

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; PROVISIONS FOR a future Revisal of the CONSTITUTION.

ARTICLE I. Oaths, &c.

ART. 2. Plurality of offices, prohibited to governor, &c., except, &c. --Incompatible offices-Bribery, &c., operate as disqualifications. ART. 3. Value of money ascertained-Property qualifications may be increased.

ART. 4.

Provisions respecting commissions.

ART. 5. Provisions respecting writs.

Continuance of former laws, except, &c.
Benefits of habeas corpus secured, except, &c.

ART. 6.

ART. 7.

ART. 9.

ART. 10.

Officers of former government continued until, &c.
Provision for revising constitution.

ART. 11. Provision for preserving and publishing this constitution.

AMENDMENTS.

ARTICLE 1. Bill, &c., not approved within five days, not to become a law, if legislature adjourn in the mean time.

ART. 2. General Court empowered to charter cities-Proviso.

ART. 3. Qualification of voters for governor, lieutenant-governor, senators and representatives.

ART. 4. Notaries Public, how appointed and removed-Vacancies in the offices of secretary and treasurer, how filled, in case, &c.-Commissary-general may be appointed, in case, &c.-Militia officers, how removed. ART. 5. Who may vote for captains and subalterns.

ART. 6.

Oaths to be taken by all officers; or affirmation in case, &c. ART. 7. Tests abolished.

ART. 8.

Incompatibility of offices.

ART. 9. Amendments to Constitution, how made.

ART. 10. Commencement of political year; and termination-Meetings for choice of governor, lieutenant-governor, &c., when to be held-May be adjourned-Article, when to go into operation-Inconsistent provisions annulled.

ART. 11. Religious freedom established.

ART. 12. Census of ratable polls to be taken in 1837 and every tenth year thereafter-Representatives, how apportioned-Towns may unite into representative districts-Governor and council to determine the number of representatives to which each town is entitled-Inconsistent provisions. in original constitution, annulled.

ART. 13. Census of inhabitants to be taken in 1840 and every tenth year thereafter-Such census to determine the apportionment of senators and representatives for the term of ten years-Senatorial districts declared permanent-Senate to consist of, &c.-Every tenth year governor and council shall assign the number to be chosen in each district-Each district to have at least one senator-House of Representatives, how apportioned-Towns may unite into representative districts-Basis of representation and ratio of increase-Governor and council to apportion the number of representatives once in every ten years-Nine councillors to be annually chosen from the people at large-Qualifications of councillors-Not more than one from any senatorial district-Possession of freehold not required as qualification for holding seat in general court or council.

ART. 14. In elections by the people, the person having the highesnumber of votes to be elected.

ART. 15. Meetings for choice of governor, &c., to be held on the Tuesday next after first Monday in November-In case of failure to elect representatives a second meeting may be held on fourth Monday.

ART. 16. Eight councillors to be chosen annually by the people-Same provision for election as in case of governor-Legislature shall divide Commonwealth into districts-Qualification of councillors-In case of failure to elect, vacancies, how filled-Governor and council, for time being, to examine returns of votes for governor, lieutenant-governor and councillors, and to issue summonses to persons who appear to be elected-Returns to be laid before the general court to be examined and declared-In case of non-election legislature to proceed to fill vacancies in manner provided by constitution.

ART. 17. Secretary, treasurer, auditor and attorney-general to be chosen annually-Same provisions concerning election, &c., as in case of governor-In case of non-election legislature to choose-Vacancies, how filled-Persons appointed to fill vacancy to hold office until successor is chosen and duly qualified-Office to be deemed vacant unless person elected qualifies himself within ten days-Qualifications of said officers. ART. 18. School moneys not to be appropriated to schools other than those conducted according to law, and not to be appropriated to sectarian schools.

ART. 19. Legislature to prescribe by law for election of certain officers by the people.

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 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 diffused through a community, but by the institution of the public worship of GOD, and of public