OF THE Commonwealth of Massachusetts. PUBLISHED IN CONFORMITY TO A RESOLVE OF THE LEGISLATURE OF APRIL 26, 1853. BOSTON: WHITE AND POTTER, PRINTERS TO THE STATE, 4 SPRING LANE, 1853. Resolve to provide for distributing Copies of the present Constitution throughout the Commonwealth. Resolved, That the secretary of the commonwealth be authorized and directed, as soon as practicable, to cause to be printed an edition of the constitution of the commonwealth of Massachusetts, in cheap ramphlet form, of the same number as that published annually of the laws and resolves passed at each session of the legislature, and to be apportioned and sent, in the same proportion and the same manner as the laws and resolves, to the several city and town clerks; with such instructions for the distribution of the same in the respective cities and towns throughout the commonwealth, as he may find to be expedient in order to secure prompt delivery thereof. Approved, April 26, 1853. CONSTITUTION FORM OF GOVERNMENT OR Commonwealth of Massachusetts. FOR THE PART THE FIRST. ART. 1. Equality and natural rights of all men. Rignt and duty of public religious worship. Protection therein. 2. 3. Legislature empowered to compel provision for public worship; and to enjoin attendance thereon. Exclusive right of electing religious teachers secured. -Option, as to whom parochial taxes may be paid, unless, &c. All denominations equally protected. Subordination of one sect to another prohibited. 4. Right of self-government secured. 5. Accountability of all officers, &c. 6. Services rendered to the public being the only title to peculiar privileges, hereditary offices are absurd and unnatural. 7. Objects of government; right of people to institute and change it. 8. Right of people to secure rotation in office. 9. All, having the qualifications prescribed, equally eligible to office. ART. 10. Right of protection and duty of contribution correlative. Taxation founded on consent. Private property not to be taken for public uses without, &c. 11. Remedies, by recourse to the law, to be free, complete, and prompt. 12. Prosecutions regulated. Right to trial by jury in criminal cases, except, &c. Crimes to be proved in the vicinity. Right of search and seizure regulated. Right to trial by jury sacred, except, &c. Liberty of the press. Right to keep and bear arms. Standing armies dangerous. Military power subordinate to civil. 13. 14. 15. 16. 17. 22. 23. 18. Moral qualifications for office. Moral obligations of lawgivers and magistrates. 19. Right of people to instruct representatives and petition legislature. 20. Power to suspend the laws, or their execution. When and by whom exercised. 21. Freedom of debate, &c., and reason thereof. Frequent sessions, and objects thereof. 24. Ex post facto laws prohibited. 25. Legislature not to convict of treason, &c. 26. Excessive bail or fines, and cruel punish ments, prohibited. (3) 5. Representatives, when chosen. Not to adjourn more than two days. Quorum. 6. House to judge of returns, &c., of its own members; to choose its officers and establish its rules, &c. May punish for certian offences. - Privileges of members. CHAPTER II. Governor and Council may punish. General limitations. - Trial may be by committee, or otherwise. SECTION 1. Governor.. His title. To be chosen annually. Qualifications. To be chosen by the people, by a major vote. How chosen, when no person has a majority. 4. Power of governor, and of governor and Council. Same subject. Governor and Council may adjourn General Court, in cases, &c., but not exceeding ninety days. 7. Governor to be commander-in-chief. Limitation. 8. Governor and Council may pardon offences, except, &c. But not before conviction. 9. All judicial officers, &c., how nominated and appointed. 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. མ་ཀ 11. Money, how drawn from the treasury, except, &c. 12. All public boards, &c., to make quarterly returns. |