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ABSTRACT OF VOTES.

ABSTRACT OF THE RETURNS OF VOTES

For and against calling a Convention to Revise the Constitution, under the Act of May 7, 1852.

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Boston,
Chelsea,
North Chelsea,
Winthrop,

3,458
420
18
21

56
37

133

93
124

72
177

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108

COUNTY OF ESSEX.

4,100

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79
41
191
118

69
114
122
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Amesbury,
Andover,
Beverly,
Boxford,
Bradford,
Danvers,
Essex,
Georgetown,
Gloucester,
Groveland,
Hamilton,
Haverhill,
Ipswich,
Lawrence,
Lynn,
Lynnfield,
Manchester,
Marblehead,
Methuen,
Middleton,
Newbury,
Newburyport,
Rockport,
Rowley,
Salem,
Salisbury,
Saugus,
Swampscott,
Topsfield,
Wenham,
West Newbury,

6,456 Concord,

270 164 106
370 Dracut,

246 153 93
38 Dunstable,

126

69 57
16 Framingham,

554 199 355
Groton,

305 159 14 6
6,880 Holliston,.

324 213 111
Hopkinton,

381 291 90
Lexington,

261 101 160
Lincoln,

105

44 61
Littleton,

155 91' 64
Lowell,

2,253 1,847
Malden,

492 251 241
222 Marlborough,

464 357

107
282 Medford, .

594 298 296
395 Melrose,

209 151 58
139 Natick,

434 217 217
91 Newton,

581 245 336
636 Pepperell,

234 110 124
81 Reading,

557 281 276
159 Sherborn,

141

44 97
313 Shirley,

197 116 81
Somerville,

380 174 206
70 South Reading,

388 218 170
464 Stoneham,

388 276 112
173 Stowe,

139 82 57
490 Sudbury,

215 136 79
828 Tewksbury,

156

62 94
23 | Townsend,

281 190 91
62 Tyngsborough,

50 41
199
Waltham,

600 310 290
185 Watertown,

341 154 187
32 Wayland,

194 109 85
109 West Cambridge,

268 124 144
764 | Westford,

235 130 105
142
Weston,

152 76 76
133 Wilmington,

124

75 49
1,120 Winchester,

259 112 147
132 Woburn,

568 427 141
60
13 50 Towns,

20,804 10,755 10,049
132

91
128

COUNTY OF WORCESTER.

545
721
885
173

218
1,274

241
353
708
243

164
1,108

424
1,046
1,834

92
219
596
334
126

148
1,227
387

155
1,806
338
251

99
189
188
235

Hardwick,
Harvard,
Holden,
Hubbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Milford,
Millbury,
New Braintree,
Northborough,
Northbridge,
North Brookfield,
Oakham,
Oxford,
Paxton,
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland,
Shrewsbury,
Southborough,
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Templeton,
Upton,
Uxbridge,
Warren,
Webster,
Westborough,
West Boylston,
West Brookfield,
Westminster,
Winchendon,
Worcester,

323
439
490

34
127
638
160
194
395
151

94
644
251

556
1,006

69
157
397
149
94
39
463
245

22
686
206
191
86
57
97
107

92

318
273
327
322
231
389
588
238
182
657
412
120
298
272
319
145
401
161
270
136
227
229
172
320
211
411
473
327
330
360
368
333
322
256
336
367
269
226
356

400
2,908

.

185
180
203
250

54
281
377
159
141
466
294

51
184
150
249
102
272
126
160

48
141

66
132
229
155
261
248
138
217
298
236
213
211
140
200
215
221
158
214

230
2,027

91

35
110
88
86
163
40
91
56
150
225
189
113

62
132
120
111
116
136
152
48
68
142
170
881

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446
24
98

4
33
48
120
32

873
159
215
139
185

New Bedford,
Norton,
Pawtucket,
Raynham,
Rehoboth,
Seekonk,
Somerset, :
Swanzey,
Taunton,
Westport,

1,934

266
365
206
282
316
194

210
1,430
244

1,061

107
150
67
97
96
81
93
829
68

220

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113
117
601
176

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23 Towns,

5,973

2,729

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COUNTY OF HAMPDEN.

COUNTY OF PLYMOUTH.

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51
126
110
276
110
40

6
13
140
83
62
440
20
93
24
150
130
45
37
111
166
73

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86

Blandford,
Brimfield,
Chester,
Chicopee,
Granville,
Holland,
Holyoke, :
Longmeadow,
Ludlow,
Monson,
Montgomery,
Palmer,
Russell,
Southwick,
Springfield,
Tolland,
Wales,
Westfield,
West Springfield,
Wilbraham,

107

284
245
248
824
239

42
336
188
207
374

83
427

92
212
1,659
101

82
772
473
320

196

77
121
202

76
239

76
153
862
58
47
512
197
212

Abington,
Bridgewater,
Carver,
Duxbury,
East Bridgewater,
Halifax,
Hanover, .
Hanson,
Hingham,
Hull,
Kingston,
Marion,
Marshfield,
Middleborough,
North Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate,
South Scituate,
Wareham,
West Bridgewater,

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36 Adams,

885 439
112 Alford,

92

68
63 Becket,

185 87
182 Cheshire,

218 214
125 Clarksburg,

61

28
256 Dalton,

166 118
83 Egremont,

233 113
126 Florida,

78 46
119 Great Barrington,
Hancock,

116 65
3,244 Hinsdale, .

164 38
Lanesborough,

237 127
Lee, .

526 250
Lenox,

279 169
Monterey,

145 105
Mount Washington, .

36

30
New Ashford,

43

30
New Marlborough,

310 170
Otis,

192 109
101 Peru,

96

34
106 Pittsfield,

875 435
116 Richmond,

117 97
467
Sandisfield,

246 153
92 Savoy,

178

154
42 Sheffield,

348

198
140 Stockbridge,

310

180
111 Tyringham,

119 74
Washington,

87 50
172 West Stockbridge, 200 89
7 Williamstown,

398 232
188 Windsor, .

177 104
16
59 31 Towns,

7,117

4,006
797
43

COUNTY OF NORFOLK.
35
260
276
108 Bellingham,

138
Braintree,

434 176
3,222 Brookline,

290 87
Canton,

323 145
Cohasset,

132

43
Dedham,

607 278
Dorchester,

961 468
Dover,

93

41
Foxborough,

306 186
Franklin,

274 152
Medfield,

112 76
Medway,

380 230
109
Milton,

228

133
94
Needham,

230 145
77
Quincy,

623

343
90

601
Randolph,

242
145
Roxbury,

1,273 424
179

183
Sharon,

111
190
Stoughton,

464

249
6
Walpole,

300 161
62
Weymouth,

810 459
264
West Roxbury,

308

63
67

360
Wrentham,

219
52
23 Towns,

9,480 4,569
36
10
89
91

COUNTY OF BRISTOL.
107
103
75 Attleborough,

673 388
139 Berkley,

140 96
37 | Dartmouth,

526

281
107 Dighton,

226 136
69 Easton,

414 235
37 Fairhaven,

602 335
138 Fall River,

936 526
Freetown,

185 136
2,427 | Mansfield,

280 235

3,111

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280
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Barnstable,
Brewster,
Chatham,
Dennis,
Eastham,
Falmouth,
Harwich,
Orleans,
Provincetown,
Sandwich,
Truro,
Wellfleet,
Yarmouth,

162
118
147
130
136
207
233
49
62
256
62
75
116

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Ashfield,
Bernardston,
Buckland,
Charlemont,
Coleraine,
Conway, ·
Deerfield,
Erving,
Gill,
Greenfield,
Hawley,
Heath,
Leverett,
Leyden,
Monroe,
Montague,
New Salem,
Northfield,
Orange,
Rowe,
Shelburne,
Shutesbury,
Sunderland,
Warwick,
Wendell,
Whately, ·

271
212
224
220
281
386
423

55
124
520
129
127
170
118

42
240
217
297
234
121
241
178
202
197
143
256

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Chilmark,
Edgartown,
Tisbury,

78
250
174

58
108
62

20
142
112

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3 Towns,

502

228

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CONSTITUTIONAL PROPOSITIONS Adopted by the Convention of Delegates, assembled at Boston, on the first Wednesday of May, A. D. 1853, and submitted

to the People for their Ratification, with an Address to the People of Massachusetts.*

The Convention presented the following Propositions, which were submitted to the People, November 14, 1853.

“Six,” shall be added as an amendment to the Constitution.

COMMONWEALTH OF MASSACHUSETTS. In the Year One Thousand Eight Hundred and Ffty-Three.

RESOLVES. In the Convention of the Delegates of the people

assembled in Boston, on the first Wednesday of May, in the year 1853, for the purpose of revising and amending the Constitution of this Commonwealth.

VII. The provision respecting corporations, as a Proposition, numbered - Seven.”

VIII. The provision respecting banks and banking, as a Proposition, numbered “ Eight.”

If the Propositions numbered « Seven" and “ Eight” be ratified and contirmed, they shall be added as separate articles, or if either of them be ratified and confirmed, as an article in Chapter XIII., entitled “ Miscellaneous Provisions."

If Proposition numbered "One" be not ratified and confirmed, they shall be added as amendments to the Constitution.

Resolved, That the revised Constitution, proposed by said Convention, be submitted to the people of the Commonwealth for their ratification and adoption, in the manner following, viz. :

I. The Preamble ; A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts; The Frame of Government, with its Preamble and Chapters numbered One, Two, Three, Four, Five, Six, Seven, Eight, Nine, Ten, Eleven, Twelve, Thirteen, and Fourteen, entitled, respectively-General Court,--Senate,– House of Representatives,-Governor,--Lieutenant-Governor, - Council,- Secretary, - Treasurer, Attorney-General, Auditor, District Attorney, and County Officers, - Judiciary Power, -Qualifications of Voters and Elections,-Oaths and Subscriptions,-Militia, - The University at Cambridge, the School Fund and the Encouragement of Literature,- Miscellaneous Provisions, Revisions and Amendments of the Constitution -as a distinct Proposition, numbered “One."

If this proposition, so submitted, shall be ratified and adopted by a majority of the legal voters

of the Commonwealth, present and voting thereon, at meetings duly called, then the same shall be the Constitution of the Commonwealth of Massachusetts.

II. The provision respecting the granting of the writ of Habeas Corpus, as a Proposition, num. bered « Two.”

If this proposition be ratified and adopted, it shall be an addition to the provision respecting the Habeas Corpus.

III. The provision respecting the rights of juries in criminal trials, as a Proposition, numbered « Three.”

If this proposition be ratified and adopted, it shall be an addition to the article in the Declaration of Rights, respecting the rights of persons charged with crimes.

IV. The provision respecting claims against the Commonwealth, as a Proposition, numbered “ Four."

If this proposition be ratified and adopted, it shall be an addition to Article XI., of the Declaration of Rights. V. The

provision respecting imprisonment for debt, as a Proposition, numbered • Five.”

If this proposition be adopted, it shall be an addition to the Article in the Declaration of Rights, respecting excessive bail and fines.

VI. The provision respecting sectarian schools, as a Proposition, numbered “Six.”

If this proposition be ratified and adopted, it shall be an addition to Article IV. of Chapter XII., entitled, “ The University at Cambridge, The School Fund, and The Encouragement of Literature." If proposition numbered “One” shall not be adopted, the proposition numbered

Resolved, That at the meetings for the election of Governor, Senators, and Representatives to the General Court, to be holden on the second Monday of November, in the year one thousand eight hundred and fifty-three, the qualified voters of the several towns and cities shall vote by ballot upon each of the propositions aforesaid, for or against the same, which ballots shall be inclosed within sealed envelopes, according to the provisions of an Act of this Commonwealth, passed on the twenty-second day of May, in the year eighteen hundred and fifty-one, and an Act passed the twentieth day of May, in the year eighteen hundred and fifty-two, and no ballots not so inclosed shall be received. And said votes shall be received, sorted, counted, declared, and recorded, in open meeting, in the same manner as is by law provided in reference to votes for governor, and a true copy of the record of said votes, attested by the selectmen and town clerk of each of the several towns, and the mayor and aldermen and city clerk of each of the several cities, shall be sealed up by said selectmen and mayor and aldermen, and directed to the Secretary of the Commonwealth, with a superscription exCONSTITUTIONAL PROPOSITIONS.

* Amendments adopted by the Convention, which stand as separate articles or paragraphs, are enclosed in brackets, to distinguish them from existing provisions of the Constitution. Where an amendment has been made, by alding words to an article or paragraph in the existing Constitution, the amendinent is printed in Ilalics.

pressing the purport of the contents thereof, and delivered to the sheriff of the county within fifteen days after said meetings, to be by him transmitted to the secretary's office, on or before the third Monday of December next; or, the said selectmen and mayor and aldermen shall themselves transmit the same to the secretary's office, on or before the day last aforesaid.

Proposition Number One.

CONSTITUTION, Or Form of Government of the Commonwcalth of

Massachusetts.

PREAMBLE.

Resolved, That the Secretary shall deliver said copies, so transmitted to him, to a Committee of this Convention, consisting of the President of the Convention, and twenty other members, to be by him designated, who shall assemble at the State House, on the third Monday of December next, and open the same, and examine and count the votes so returned; and if it shall appear that either of said propositions has been adopted by a majority of votes, then the proposition so adopted shall become and be either the whole or a portion of the Constitution of this Commonwealth, as hereinbefore provided, and the said Committee shall promulgate the results of said votes upon each of said propositions, by causing the same to be published in those newspapers in which the laws are now published; and shall also notify the Governor and Legislature, as soon as may be, of the said results; and the Governor shall forthwith make public proclamation of the fact of the adoption of either or all of said propositions, as the whole or as parts of the Constitution of this Commonwealth.

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 tranquilliiy, 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 CommoFWEALTH OP MASSACHUSETTS.

Resolved, That each of said propositions shall be considered as a whole by itself, to be adopted in the whole, or rejected in the whole. And every voter shall vote on each proposition, by its appropriate number, indicating upon his ballot the subject of the proposition, and expressing in writing or printing, opposite to each proposition, the word Yes or No; but the propositions shall all be written or printed on one ballot, in substance, as follows:

A DECLARATION

no subordination of any one sect or denomination to another shall ever be established by law.

ART. 4. 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. 5. 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 their substitutes and agents, and are at all times accountable to them.

ART. 6. No man, nor corporation, nor 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 consideration of services 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 being born a magistrate, lawgiver, or judge, is absurd and unnatural.

ART. 7. 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 incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.

ART. 8. 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. 9. 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. 10. 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 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. 11. 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. 12. 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. 13. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish

CoxsTITUTIONAL PROPOSITIONS. Shall Proposition NUMBER ONE, containing the

Preamble, Declaration of Rights and Frame of Government, stand as the Constitution of the

Commonwealth of Massachusetts: Yes or No. Shall Proposition NUMBER Two, respecting the

Habeas Corpus, stand as part of the Constitution?

Yes or No. Shall Proposition NUMBER THREE, respecting the

Rights of Juries, stand as part of the Constitution?

Yes or No. Shall Proposition NUMBER Four, respecting

Claims against the Commonwealth, stand as part of the Constitution ?

Yes or No. Shall Proposition Number Five, respecting Imprisonment for Debt, stand as part of the Constitution:

Yes or No. Shall Proposition NUMBER Sıx, respecting Sec

tarian Schools, stand as part of the Constitution

Yes or No. Shall Proposition NUMBER SEVEN, respecting the

Creation of Corporations, stand as part of the Constitution?

Yes or No. Shall Proposition NUMBER EIGHT, respecting the

Formation of Banks, and requiring Security for Bank Bills, stand as part of the Constitution:

Yes or No.

Of the Rights of the Inhabitants of the Common

wealth of Massachusetts. ARTICLE 1. 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. 2. 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. 3. As the public worship of God, and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses : And all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society: And all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the protection of the law; and

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Resolved, That a printed copy of these resolutions, with the several constitutional propositions annexed, shall be attested by the President and Secretaries of the Convention, and transmitted by them, as soon as may be, to the selectmen of each town, and the mayor and aldermen of each city, in the Commonwealth, whose duty it shall be to insert a proper article in reference to the voting upon said propositions, in the warrant calling the meetings aforesaid, on the second Monday of Noveinber next.

CONSTITUTIONAL PROPOSITIONS.

shall apply to the General Court which passes such act; and no compensation shall be allowed for attendance of members at any one session for a longer time than one hundred days.]

ART. 4. 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 of 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, present, 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 a law: but, in all such cases, the votes 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 to him, the same shall have the force of

ments.

by judges as free, righpartieve and independentzienda But if any bill or resolve shall be objected to

evidence against himself: and every subject shall ing, strengthening, and confirming the laws, and
have a right to produce all proofs, that may be for making new laws, as the common good may
favorable to him; to meet the witnesses against require.
him face to face, and to be fully heard in his Art. 24. No subsidy, charge, tax, impost, or
defence by himself or his counsel, at his election : duties, ought to be established, fixed, laid, or
and no subject shall be arrested, imprisoned, de- levied, under any pretext whatsoever, without the
spoiled, or deprived of his property, immunities, consent of the people, or their representatives in
or privileges, put out of the protection of the law, in the Legislature.
exiled, or deprived of his life, liberty, or estate, Art. 26. Laws made to punish for actions
but by the judgment of his peers, or the law of done before the existence of such laws, and which
the land. And the legislature shall not make any have not been declared crimes by preceding laws,
law that shall subject any person to a capital or are unjust, oppressive, and inconsistent with the
infamous punishment, excepting for the govern- fundamental principles of a free government.
ment of the army and navy, without trial by Art. 26. No subject ought, in any case, or in
jury.

any time, to be declared guilty of treason or
Art. 14. In criminal prosecutions, the verifi- felony by the Legislature.
cation of facts in the vicinity where they happen, ART. 27. No magistrate or court of law shall
is one of the greatest securities of the life, liberty demand excessive bail or sureties, impose exces-
and property of the citizen.

sive fines, or inflict cruel or unusual punishART. 15. Every subject has a right to be secure from all unreasonable searches and seizures Art. 28. In time of peace, no soldier ought of his person, his houses, his papers, and all his . to be quartered in any house without the consent possessions. All warrants, therefore, are contrary of the owner; and in time of war, such quarters to this right, if the cause or foundation of them ought not to be made but by the civil magistrate, be not previously supported by oath or affirma- in a manner ordained by the Legislature. tion; and if the order in the warrant to a civil Art. 29. No person can in any case be subofficer, to make search in suspected places, or to jected to law martial, or to any penalties or pains, arrest one or more suspected persons, or to seize by virtue of that law, except those employed in their property, be not accompanied with a special the army or navy, and except the militia in actual designation of the persons or objects of search, service, but by authority of the Legislature. arrest, or seizure; and no warrant ought to be Art. 30. It is essential to the preservation of issued but in cases, and with the formalities, pre- the rights of every individual, his life, liberty, scribed by the laws.

property and character, that there be an impartial Art. 16. In all controversies concerning prop- interpretation of the laws, and administration of erty, and in all suits between two or more per

It is the right of every citizen to be tried sons, except in cases in which it has heretofore been otherways used and practised, the parties the lot of humanity will admit. It is therefore have a right to a trial by jury; and this method not only the best policy, but for the security of of procedure shall be held sacred, unless, in causes the rights of the people, and of every citizen, that arising on the high seas, and such as relate to the Judges of the Supreme Judic Court should mariners' wages, the Legislature shall hereafter hold their offices by tenures established by the Confind it necessary to alter it.

stitution, and should have honorable salaries, Art. 17. The liberty of the press is essential which shall not be diminished during their continuto the security of freedom in a state: it ought not, ance in office. therefore, to be restrained in this Commonwealth. Art. 31. In the government of this Com

Art. 13. The people have a right to keep and monwealth, the legislative department shall never to bear arms for the common defence : and, as in exercise the executive and judicial powers, or time of peace, armies are dangerous to liberty, either of them : the executive shall never exerthey ought not to be maintained without the con- cise the legislative and judicial power, or either of sent of the Legislature; and the military power them : the judicial shall never exercise the legisshall always be held in an exact subordination to lative and executive powers or either of them: to the civil authority, and be governed by it.

the end it may be a government of laws and not Art. 19. A frequent recurrence to the funda- of men. mental 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 THE FRAME OF GOVERNMENT. liberty, and to maintain a free government. The people ought, consequently, to have a particular

The people inhabiting the territory formerly attention to all those principles, in the choice of

called the Province of Massachusetts Bay, do their officers and representatives; and they have

hereby solemnly and mutually agree with each a right to require of their lawgivers and magis

other, to form themselves into a free, sovereign trates, an exact and constant observance of them,

and independent body politic or state, by the in the formation and execution of the laws neces

name of THE COMMONWEALTH OF MASsary for the good administration of the Common

SACHUSETTS. wealth. ART. 20. The people have a right, in an

CHAPTER I. orderly and peaceable manner, to assemble to con

General Court. sult upon the common good; give instructions to ARTICLE 1. The department of legislation shall their representatives; and to request of the legis- be styled the General Court of Massachusetts. lative body, by the way of addresses, petitions, or It shall consist of two branches, a Senate and a remonstrances, redress of the wrongs done them, House of Representatives, each of which shall and of the grievances they suffer.

have a negative upon the other. ART. 21. The power of suspending the laws, Art. 2. The political year shall begin on the first or the execution of the laws, ought never to be Wednesday in January; and the General Court exercised but by the Legislature, or by authority shall assemble every year on the said first Wedderived from it, to be exercised in such particular nesday in January, and shall be dissolved on the cases only as the Legislature shall expressly pro- day next preceding the first Wednesday in Janvide for.

uary following, without any proclamation or other Art. 22. The freedom of deliberation, speech act of the governor. But nothing herein conand debate, in either House of the Legislature, is tained shall prevent the General Court from asso essential to the rights of the people, that it sembling at such other times as they shall judge cannot be the foundation of any accusation or necessary, or when called together by the goyprosecution, action or complaint, in any other court or place whatsoever,

[Art. 3. The compensation of members of Art. 23. The Legislature ought frequently to the General Court shall be established by standassemble for the redress of grievances, for correct- ing laws; but no act increasing the compensation

and not approved by the governor, and if the General Court shall adjourn within five days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it, with his objections, as provided by the Constitution, such bill or resolve shall not become a law, nor have force as such.

ART. 5. 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 mixt; 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. 6. The General Court shall have power to make laws regulating marriage, divorce and alimony, but shall in no case decree a divorce, or hear and determine any causes touching the validity of the marriage contract.]

ART. 7. 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 sereral duties, powers and limits, of the several civil and military officers of this Commonwealth, and

ernor.

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