Rules and Orders to Be Observed in the Convention of Delegates for The

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RULES AND ORDERS

TO BE OBSERVED IN THE

CONVENTION OF DELEGATES

FOR TH E

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MET ON

WEDNESDAY, THE 4TH DAY OF MAY, 1853

B O S T O N :

WHITE & POTTER, PRINTERS TO THE ‘STATE. 1 8 5 3 .

RULES AND ORDERS.

Of the President. 1 THE President shall take the Chair every day at \\ the hour to which the Convention shall have ad “? journed; shall call the Members to order; and, on °\~ the appearance of a quorum, shall cause the Journal A of the preceding day to be read, and proceed to \ business. ' 2. ¥ He shall preserve decorum and order; may speak gfo points of order in preference to other Members; and shall decide all questions of order, subject to an appeal to the Convention on motion regularly sec conded ; and no other business shall be in order till the question on the appeal shall have been decided. 3. He shall declare all votes; but, if any Member doubts a vote, the President shall order a return of the number voting in the aﬁirmative, and in the negative, without any further debate upon the ques tion. VVhen a vote is doubted, the Members for or against the question, when called on by the President, shall rise and stand uncovered till they are counted.

4‘ He shall rise to put a question, or to address the Convention, but may read sitting.

1 9fi’759 4 Duties of the President. 5. In all cases the President may vote. 6. When the Convention shall determine to go into Committee of the whole, the President shall appoint the Member who shall take the Chair. 7. On all questions and motions whatsoever, the Presi dent shall take the sense of the Convention by yeas and nays, provided one-fifth of the Members present shall so require. When the yeas and nays are taken, no Member shall be allowed to vote, who shall have entered the Convention after the calling of the roll is finished. The names of Members shall be called in alphabetical order. 8. He shall propound all questions, in the order in which they are moved, unless the subsequent motion be previous in its nature: except that, in naming sums and fixing times, the largest sum and the longest time shall be put first. 9 After a motion is stated or read by the Presi dent, it shall be deemed to be in possession of the Convention, and shall be disposed of by vote of the Convention; but the mover may withdraw it at any time before a decision or amendment, except a motion to reconsider, which shall not be withdrawn after the time has elapsed within which it could be origi nally made. ' 10. When a question is under debate, the President shall receive no motion, but to adjourn, to lay on the table, for the previous question, to postpone to a day Duties of the President. 5 certain, to commit, to amend, or to postpone indefi nitely ; which several motions shall have precedence in the order in which they stand arranged. 11. He shall consider a motion to adjourn as always in order; and that motion, and the motions to lay on the table, to suspend any rule, to take up from the table, and for the yeas and nays, shall be decided without debate. 12. He shall put the previous question in the follow ing form : “ Shall the main question be now put ?”— and all debate upon the main question shall be sus pended, until the previous question shall be decided. After the adoption of the previous question, the sense of the Convention shall forthwith be taken upon amendments reported by a committee, upon pending amendments, and then upon the main question. 13. On the previous question no Member shall speak more than once without leave; and all incidental questions of order, arising after a motion is made for the previous question, shall be decided without de bate, excepting on appeal, and, on such appeal, no Member shall be allowed to speak more than once without leave of the Convention. 14. When two or more Members happen to rise at once, the President shall name the Member who is first to speak. 15. All Committees shall be appointed and announced by the President, unless otherwise specially directed by the Convention. Q 6 Duties of Members.

16. The President shall have the right to name any Member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment. 17. The President shall have the general direction of the Hall of the Convention, and of the Galleries. No person excepting Members, Oﬁicers, and at tendants of the Convention,and such persons as may be invited by the Convention, or by the President, shall be admitted within the bar of the Convention. The Chairman of each Committee of the Whole, during the sitting of such Committee, shall have the like power of preserving order in the Hall and in the Galleries.

Of Absence of President. 18. In case the President shall be absent at the hour to which the Convention was adjourned, the Secre tary shall call the Convention to order, and shall pre side until a President pro. tempore shall be elected, which shall be the ﬁrst business of the Convention.

Of Members. 19. A seat shall be assigned to each Member in such manner as the Convention shall determine, which shall not be changed without leave of the President. 20. No Member in debate shall mention a Member then present by his name, but may describe him by Of Reconsideration. 7 the town he represents, the place he sits in, or such other designations as may be intelhgible and respect ful. 21. Every Member, when about to speak, shall rise and respectfully address the President, shall confine himself to the question under debate, and avoid per sonality, and shall sit down when he has fim_shed. No Member shall speak out of his place without leave of the President. 22. No Member speaking shall be interrupted by another, but by rising up to call to order. 23. No Member shall speak more than twice on one question, without first obtaining leave ofthe Conven tion ; nor more than once, until other Members, who have not spoken, shall speak, if they desire it.

Of Reconsideration. 24. When a vote has passed, it shall be in order for any Member to move for a reconsideration thereof, on the same or the succeeding day: and such motion shall be placed ﬁrst in the orders of the day succeeding that on which the motion is made; a. motion to reconsider being'rejected shall not be renewed; nor shall any subject he a second time reconsidered: provided, however, that a motion to reconsider a vote, upon any collateral matter, shall not remove the main subject under consideration from before the Convention, but shall be considered at the time when it is made. 8 Duties of Members.

25. No Member shall be obliged to be on more than two Committees at the same time, nor Chairman of more than one. 26. No Member shall be permitted to stand up, to the interruption of another, while any Member is speak ing, or to pass unnecessarily between the President of the Convention and the person speaking ; nor shall any Member be permitted to stand in the alleys during the session of the Convention. 2'7. Every Member shall keep an account of his own attendance and travel, and deliver the same to the Committee appointed to make up the pay-roll, and, on his failure so to do, he shall be omitted from the roll; and no Member shall receive pay for any week-day on which he has not actually attended, except in case of sickness. 28. Every Member, who shall neglect to give his attend ance in the Convention for more than six days after the session commences, shall, on making his appear ance therein, be held to render the reason of such neglect ; and in case the reason assigned shall be deemed by the Convention sufiicient, such Member shall be entitled to receive pay for his travel,and not otherwise ; and no member shall be absent more than two days, without leave of the Convention ; and a vote of leave of absence shall be inoperative, unless the Member obtaining it shall avail himself of it within five days. 29. When any Member shall be guilty of a breach of ‘Duties of Members. 9 either of the Rules and Orders of the Convention,he may be required by the Convention, on motion, to make satisfaction therefor, and shall not be allowed to vote, or speak,except by way of excuse,till he has done so. 30. Every Member, who shall be in the Convention when a question is put, shall give his vote, unless the Convention, for special reasons, shall excuse him. Any Member desiring to be so excused on any question, shall make application to that effect before a division, or before the calling of the yeas and nays; and such application shall be accom panied by a brief statement of reasons, and shall be decided without debate. 31. Every motion shall be reduced to writing, if the President shall so direct. 32. Any Member may call for the division of a ques tion when the sense will admit of it. A motion to strike out and insert shall be deemed indivisible: but a motion to strike out being lost, shall neither preclude amendment, nor a motion to strike out and msert. 33. Motions and Reports may be committed, or re committed, at the pleasure of the Convention. 34. No motion or proposition, of a subject different from that under consideration, shall be admitted un der color of amendment. 35. The unfinished business, in which the Convention 10 Duties of Monitors. was engaged at the time of the last adjournment, shall have the preference in the orders of the day. 36. No rule or order of the Convention shall be dispensed with, altered, or repealed, unless two-thirds of the Members present shall consent thereto. 3'7. All questions, relating to the priority of business to be acted upon, shall be decided without debate. 38. Every question of order shall be noted by the Secretary, with the decision thereon, and inscribed at large on the Journal. ' 39. It shall be the duty of each Member who moves that any Committee be instructed to inquire into the -expediency of amending the existing Constitution, to point out the amendment, which he deems ex ;pedient, in writing, to accompany his motion, or to furnish a written statement thereof to such Commit tee, if by them required.

Of Jllonitors. 40. Two Monitors shall be appointed for each division, whose duty it shall be to see the due observance of the Rules and Orders of the Convention, and, on de mand of the President, to return the number of votes and Members in their respective divisions. 41. If any Member shall transgress any of the Rules or Orders of the Convention, and persist therein afte Of Petitions, Memorials, do 11

being notiﬁed thereof by any Monitor, it shall be the duty of such Monitor to give information thereof to the Convention.

Of Petitions, Memorials, :90. 42. All papers addressed to the Convention, except petitions, memorials and remonstrances, shall be pre sented by the President, or by a Member in his place, and shall be read by the President, Secretary, or such ' other person as the President may request, and shall be taken up in the order in which they were present ed, unless where the Convention shall otherwise di rect. 43. Every Member, presenting to the Convention a pe tition, memorial, or remonstrance, shall endorse his name thereon, with a brief statement ofthe nature and object of the instrument, and the reading of the same from the Chair shall in all instances be dispensed with, unless specially ordered by the Convention. 44. All reports, petitions, memorials, remonstrances, and papers of a like nature, shall be presented dur ing the ﬁrst hour of each session, and at no other time, except by special leave of the Convention. 45. If any Member of the Convention shall so request, any order, which shall be proposed for adoption, shall be passed over for that day without question; and the same shall be considered and disposed of, on the succeeding day, in the same manner as it would have been, on the day on which it was offered, if no objection had been made. 12 Of Committees, Reports and Resolutions.

Of Quorum. 46. Not less than one hundred Members shall consti tute a quorum for the transaction of business.

Of Committees, Reports, and Resolutions. 47. No Committee shall sit during the sessions of the - Convention, without special leave. 48. In all elections by ballot of the Convention, a time shall be assigned for such election at least one day previous thereto. 49. In all elections of Committees of the Convention, by ballot, the person having the highest number of votes shall act as Chairman, and when the Commit tee is nominated by the Chair, the member ﬁrst named shall be Chairman. 50. All papers, relative to any business before the Convention, shall be left with the Secretary, by any Member, who may obtain leave of absence, and may have any such papers in his possession. 51. The rules of proceeding in the Convention shall be observed in a Committee of the whole, so far as they may be applicable, except the rule limiting the times of speaking: but no Member shall speak twice upon any question, until every Member, who Of Committees, Reports and Resolutions. 13

shall not have spoken, shall speak if he desires it. A motion to rise, report progress, and ask leave to sit again, shall be always first in order, and shall be decided without debate. 52. Every order or resolution which proposes an al teration in the Constitution, and all reports of com mittees, appointed to consider the propriety and expediency of making any alteration therein, shall be considered in committee of the whole before they are debated and finally acted upon in Convention. 53. Every resolution proposing any alteration in the Constitution, shall be read on two several days before it is finally acted upon and adopted by the Conven tion.

AN ACT

RELATING TO THE CALLING A CONVENTION OF DELEGATES OF THE PEOPLE, FOR THE PURPOSE OF REVISING THE CONSTITUTION.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as jbllows :

SscT. 1. The inhabitants of the several cities, towns, districts, and places within this Commonwealth, qualiﬁed to vote for senators or representatives in the General Court, shall, on the second Monday of November next, at the meetings to be then held in the several cities and towns in the Commonwealth, for the choice of governor, lieuten ant governor, senators, and representatives in the General Court, an article for this purpose being inserted in the warrants calling said meetings, give in their votes by ballot on this question: “Is it expedient that delegates should be chosen to meet in convention for the purpose of revising or altering the constitution of government of this Commonwealth?” And the vote upon said question shall be in open meeting, and the votes in the several cities and towns in the Commonwealth shall be received, sorted,

———. -~~—* ‘ ‘1a—_ 16 Corzstitutional C om.-ention.

counted, declared, and transmitted to the secretary of the Commonwealth, in the same manner as the votes for gov ernor, lieutenant governor, and senators are now received, sorted, counted, declared and transmitted by the constr tution and laws of the Commonwealth; and all returns not thus made shall be rejected in the counting. And the - governor and council shall open and examine the returns, made as aforesaid, and count the votes given on the said question ; and the governor shall, by public proclamation, to be made on or before the first Wednesday in January next, make known the result, by declaring the number ap pearing in favor of choosing delegates for the purpose aforesaid, and the number of votes appearing against the same; and if it shall appear that a majority of the votes given in and returned as aforesaid are in favor of choosing delegates as aforesaid, the same shall be deemed and taken to be the will of the people of the Commonwealth, that a convention should meet accordingly; and in case of such majority, the governor shall call upon the people to elect delegates to meet in convention, in the manner hereinafter provided. SncT. 2. If it shall be declared by the said proclama tion, that the majority of votes, as aforesaid, is in favor of choosing delegates, as above mentioned, the inhabitants of the several cities and towns within the Commonwealth, now entitled any one year to send one or more representatives to the General Court, shall, on the first Monday of March, in the year one thousand eight hundred and fifty-three, assemble in their several meetings, to be duly notified by warrant from the selectmen of the several towns and the mayor and aldermen of the several cities, and shall elect one or more delegates, not exceeding the number of repre sentatives to which each town or city was entitled last year, it being the year in which the valuation of estates in the Commonwealth was settled, to meet delegates from other towns and cities in convention, for the purposes hereinafter expressed. And at such meetings of the inhabitants, every person entitled to vote for representatives in the General Court. shall have a right to vote in the choice of delegates, and the same ofiicers, in the several cities and towns in the Commonwealth, shall preside at such elections, as now preside in the choice of representatives to the General C 0nst'ituti0nal Convention. 17

Court; and the votes for said delegates shall be received, sorted, counted, declared, recorded, and copies thereof de livered to the delegates chosen, in the same manner as is now provided for in the case of representatives to the General Court. And all laws now in force, regulating the duty and conduct of town and city ofiicers, sherifi's, magis trates, and electors, in the election of governor, lieutenant governor, senators, and representatives, shall, as far as ap plicable, apply, and be in full force and operation, as to all meetings holden, and elections and returns made, under this act, or which by this act are required to be holden or made, and upon the like forfeitures and penalties. Snow. 3. The persons so elected delegates shall meet in convention in the state house, in Boston, on the first Wednesday in May, in the year one thousand eight hun dred and fifty-three;and they shall be the judges of the returns and elections of their own members, and may adjourn from time to time; and one hundred of the per sons elected shall constitute a quorum for the transaction of business; and they shall proceed as soon as may be to organize themselves in convention, by choosing a president and such other officers as they may deem expedient, and by establishing proper rules of proceeding; and when organ ized, they may take into consideration the propriety and expediency of revising the present constitution of govern ment of this Commonwealth, or the propriety and expe diency of making any, and if any, what alterations or amendments, in the present constitution of government of this Commonwealth. And such alterations or amend ments, when made and adopted by the said convention, shall be submitted to the people for their ratification and adoption, in such manner as the said convention shall direct; and if ratified by the people in the manner directed by the said convention, the constitution shall be deemed and taken to be altered or amended accordingly; and if not so ratified, the present constitution shall be and remain the constitution of government of this Commonwealth. S1’-:c'r. 4. The said convention shall establish the pay or compensation of its ofiicers and members, and the ex pense of its session; and his excellency the governor, by and with the advice and consent of the council, is author ized to draw his warrant on the treasury therefor. 2 18 Constitutional Convention.

SE01‘. 5. The secretary of the Commonwealth is here by directed forthwith, after the passage thereof‘, to transmit printed copies of this act to the selectmen of each town, and the mayor and aldermen of each city within the Com monwealth; and whenever the governor shall issue his proclamation, calling upon the people to elect del egates, to meet in convention as aforesaid, the said secretary shall also, immediately thereafter, transmit printed copies of said proclamation, attested by himself, to the selectmen of each town, and the mayor and aldermen of each city, in the Commonwealth. [.-]pproved,Ma_1/ 7, l852J

LIST OF MEAIBE RS

-01‘ THE étunatttuttunal Qtuuhcuttum

1 8 5 3.

President,‘ HON. NATHANIEL P. BANKS, JR.

Abbott, Alfred A. Danvers, 263 Abbott, Josiah G. Lowell, 169 Adams, Benjamin P. Topsfield, 9 Adams, Shubael P. Lowell, 374 Aldrich, P. Emory Barre, 337 Allen, Charles Worcester, 46 Allen, James B. Dartmouth, 373 Allen, Joel C. Leominster, 273 Allen, Parsons Brimfield, 279 Alley, John B. Lynn, 315 Allis, Josiah Whately, 275 Alvord, D. W. Montague, 38 Andrews, Robert New Salem; 86 Appleton, William Boston, 28 Aspinwall, William B roolclin e, 88 Atwood, David 0. E astham , 150 Austin, George :S'wanze_1/, 78 Ayres, Samuel Granby, 243 20 Constitutional Convention. B. Baker, Hillel Orange, 394 Ballard, Alvah Gill, 339 Ball, George S. Upton, 331 Bancroft, Alpheus Granville, 358 Banks, Nathaniel P., Jr. Waltham, Barrows, Joseph Carver, 219 Bartlett, Russel Worthington, 227 Bartlett, Sidney Boston, 246 Barrett, Marcus Auburn, 233 Bates, Eliakim A. Hopkinton, 295 Bates, Moses, Jr. (M.) Plymouth, 90 Beach, Erasmus D. Springfield, 87' Beal, John Scituate, 166 Beebe, James M. Boston, 63 Bell, Luther V. Somerville, 390 Bennett, VVilliam, Jr. Hnbbardston , 356 Bennett, Zephaniah Tyngsborough, 305 Bigelow, Edward B. Grafton, 282 Bigelow, Jacob Boston, 19 Bird, Francis W. Walpole, 170 Bishop, Henry W. Lenox, 314 Blagden, George W. Boston, 224 Bliss, Gad O. Longmeadow, 83 Bliss, William C. Hatfield, 378 Booth, William S. Dalton, 179 Boutwell, Sewell Lunenbnrg, 317 Bradbury, Ebenezer Newton, 328 Bradford, William J. A. Essex, 124 Braman, Milton P. Danvers, 180 Breed, Hiram N. Lynn, 17 Brewster, Osmyn Boston, 362 Brinley, Francis Boston, 61

Constitutional Convention. 21

Briggs, George N. Pittsfield, 27 Bronson, Asa Fall River, 415 Brown, Adolphus F. Douglas, 59 Brown, Alpheus R. Dracut, 349 Brown, Artemas Medway, 40-5 Brown, Hammond West Brookjield, 353 Brown, Hiram C. Tolland, 10 Brownell, Frederick Westport, 203 Brownell, Joseph New Bedford, 54 Bryant, Patrick Chesterfield, 194 Buck, Asahel Lanesborongh, 303 Bullen, Amos H. Northampton, 11 Bullock, Rufus Royalston, 70 Bumpus, Cephas C. Plympton, 94 Burlingame, Anson Zllorthborough, 113 Butler, Benjamin F. Lowell, 321 C. Carly, Henry Manson, 116 Carter, Timothy, W. Chicopee, 185 Carruthers, William Salisbury, 97 Case, Isaac New Bedford, 326 Chandler, Amariah Greenfield, Chair Chapin, Chester W. Springfield, 8 Chapin Daniel E. Webster, 156 Chapin, Henry Worcester, 96 Childs, Josiah W'estborough, 1 Choate, Rufus Boston, 49 Churchill, J. ll/!cKean(M.)Milton, 80 Clarke, Alpheus B. Holyoke, 144 Clark, Henry Roclcport, ' 312 Clark, Ransom Montgomery, 360 Clark, Salah Clar/csburg, 37 22 Constitutional Convention.

Clarke, Stillman Townsend, 348 Cleverly, William Welljleet, 400 Coggin, Jacob Tewksbury, 101 Cogswell, Nathaniel Yarmouth, 148 Cole, Lansing J. Cheshire, 22 Cole, Sumner Sutton, 196 Conkey, Ithamar Amherst, 359 Cook, Charles E. Boston, 301 Cooledge, Henry F. North Chelsea, 247 Copeland, Benjamin F. Rorbury, 129 Crane, George B. Norton, 330 Cressy Oliver S. Hamilton, 186 Crittenden, Simeon Hawley, 278 Crockett, George W. Boston, 152 Crosby, Leander Orleans, 253 Cross, Joseph VV. W. Boylston, 188 Crowell, Seth Dennis, 302 Crowninshield, Francis l3.Boston, 220 Cummings, Joseph Ware, 21 Curtis, Wilber Egremont, 266 Cushman, Henry W. ( M.) Bernardston, 103 Cushman, Thomas Kingston, 74 Cutler, Simeon N. Ashland, 172 D. Dana, Richard H., Jr. Manchester, Davis, Charles G. Plymouth, 197 Davis, Ebenezer Acton, 229 Davis, Isaac Worcester, 329 Davis, John Methuen, 109 Davis, Robert T. Fall River, 67' Davis, Solomon Truro, 192 Dawes, Henry L. Adams, 84

Constitutional Convention. 23

Day, Gilman Templeton, 291 Dean, Silas Stoneham, 221 Dehon, William Boston, 139 Deming, Elijah S. Sheflield, 159 Denison, Hiram S. Coleraine. 342 Denton, Augustus Chelsea, 190 DeWitt, Alexander Oxford, 162 Doaue, James C. Cohasset, - 72 Dorman, Moses Boxford, 217 Duncan, Samuel Williamstown, 161 Dunham, Bradish Savoy, 417 Durgin, John M. I Wilmington, 242 E. Eames, Philip Washington, 104 Earle, John M. Worcester, 246 Easland, Peter Alford, 344 Easton, James, 2d Nantucket, 215 Eaton, Calvin D. Pelham, 363 Eaton, Lilley South Reading, 211 Edwards, Elisha Southampton, 340 Edwards, Samuel West/zampton, 383 Ely, Joseph M. Westfield, 64 Ely, Homer WestSpringfield,178 Eustis, William T. Boston, 154 F. Farwell, A. G. Boston, 26 Fay, Sullivan Southborough, 133 ' Fellows, James K. Lowell, 50 Fiske, Emery Needham, 214 Fisk, Lyman Wendell, 5 Fitch, Ezekiel W. N. ]l1arlborough,371 24 Constitutional Convention.

Foster, Aaron Chorlemont, 228 Foster, Abram Shirley, 316 Fowle, Samuel Medfield, 276 Fowler, Samuel P. Danvers, 369 Freeman, James M. Franklin, 300 French, Charles A. Stoughton, 264 French, Charles H. Canton, ' 209 French, Rodney New Bedford, 290 French, Samuel Berkley, 75 Frothingham, Rich’d, Jr. Charlestown, 418 G. Gale, Luther Heath, 309 Gardner, Henry J. Boston, 274 Gardner, Johnson »S'ee/conic, 200 Gates, Elbridge Stowe, 92 Gilbert, Wanton C. Plainfield, 85 Gilbert, Washington Harvard, 267 Giles, Charles G. Westminster, 401 Giles, Joel Boston, 36 Gooch, Daniel W. Melrose, 195 Gooding, Leonard Dighton, 386 Gould, Robert Hull, 377 Goulding, Dalton Sherborn, 258 Goulding, Jason Phillipston, 307 Gourgas, F. R. Concord, 416 Graves, John W. Lowell, 53 Gray, John C. Boston, 379 Green, Jabez Spencer, 241 Greene, William B. Broolcfield, 76 Greenleaf, Simon Cambridge, 52 Griswold, Josiah W. Buckland, 292 Griswold, Whiting Erving, 65

Constitutional Convention. 25

Hadley, Samuel P. Chelmsford, 265 Hale, Artemas Bridgewa ter, 14] Hale, Nathan Boston, 7 1 Hall,Hallett, Charles B. F. B. H averhill, 95 Wtlbra/1-am, 256 Hammond, A. B. Rochester, 239 Hapgood, Lyman W. Athol, 158 Hapgood, Seth Petersham, 48 Harmon, Phineas New Ashford, 3 Haskell, George Ipswich, 387 Haskins, William M edford, 107 Hathaway, Elnathan P. Freetown, 51 Hawkes, Stephen E. Sa-ugus, 410 Hayden, Isaac Marlborough, 235 Hayward, George Boston, 16 Heard, Charles Brighton, 18 Heath, Ezra, 2d Tyrtngham, 351 Henry, Samuel Prescott, 254 Hersey, Henry Hingham, 33 Hewes, James Lynnﬁeld, 368 Hewes, William H. H averhill, 202 Heywood, Levi Gardner, 355 Hillard, George S. Boston, 336 Hinsdale, William Hinsdale, 226 Hobart, Aaron E . B ridgewater, 42 Hobart, Henry Foxborough, 183 Hobbs, Edwin Weston, 29 Holder, Nathaniel Lynn, 25 Hood, George Lynn, 380 Hooper, Foster Fall River, 199 Hopkinson, Thomas Boston, 333 Houghton, Samuel Sterling, 151 26 Constitutional Convention.

Howard, Martin Ashby, 389 Howlaud, Abraham H. New Bedford, 39 Hoyt, Henry K. Dcerﬁeld, 132 Hubbard, VVilliam J. Boston, 32 Hunt, Charles E. Weymouth, 207 Hunt, William Sunderland, 257 Huntington, Asahel Salem, 168 Huntington, Charles P. Northampton, 117 Huntington, George H. Becket, 361 Hurlburt, Samuel A. Lee, 120 Hurlbut, Moses C. Sudbury, 283 Hyde, Benjamin D. Sturbridge, 391 I. Ide, Abijah M., Jr. Attleborough, 259 J . Jackson, Samuel Rorbury, 193 Jacobs, John Carlisle, 297 James, ‘William S. Scituate, 320 Jenkins, John Falmouth, 145 Jenks, Samuel H. Boston, 62 Johnson, John Andover, 105 K. Kellogg, Giles C. Hadley, 73 Kellogg, Martin R. W. Stockbridge, 332 Kendall, Isaac Dunstable, 350 Keyes, Edward L. Abington 60 Kimball, Joseph Georgetown, 352 Kingman, Joseph l’V.Bridgewater, 121 Kinsman, Henry W. Newburyport, 213 Knight, Hiram Leicester, 35

Constitutional Convention. 27

Knight, Jefferson Marblehead, 244 Knight, Joseph Peru, 43 Knowlton, Charles L. Holden, 34 Knowlton, J. S. C. Worcester, 137 Knowlton, William H. »S‘hrewsbury, 399 Knox, Albert Blandford, 396 Kuhn, George H. Boston, 153 L. Ladd, Gardner P. Groveland, 382 Ladd, John S. Cambridge, 108 Langdon, Wilber C. lllonterey, 164 Lawrence, Luther Pepperell, 165 Lawton, Job G., Jr. Fall River, 287 Leland, Alden Holliston, 357 Lincoln, Abishai Rayn/tam, 411 Lincoln, Frederic W., Jr. Boston, 208 Little, Otis Pembroke, 177 Littleﬁeld, Tristram ' Reading, 413 Livermore, Isaac Cambridge, 111 Loomis, Justin E. Russell, 149 Lord, Otis P. Salem, 110 Lothrop, Samuel K. Boston, 313 Loud, Samuel P. Dorchester, 210 Lowell, John A. Roxbury, 160 M. Marble, William P. Charlton, 102 Marcy, Laban Greenwich, Chair Marvin, Abijah P. Winchendon, 231 Marvin, Theophilus R. Boston, 47 Mason, Charles Fitchburg, 338 Meader, Reuben Nantucket, 367 28 Constitutional Convention.

Merritt, Simeon Ashburnham, 345 Miller, Seth, Jr. Wareham, 237 Mixter, Samuel New Braintree, 167 Monroe, James L. Rutland, 280 Moore, James M. Lowell, 114 Morey, George Boston, 232 Morss, Joseph B. Newburyport, 12 Morton, Elbridge G. (M.)Fairhavert, 89 Morton, Marcus Taunton, 334 Morton, Marcus, Jr. Andover, 118 Morton, William S. Quincy, 40 N. Nash, Hiram Williamsburg, 428 Nayson, Jonathan Amesbury, 31 Newman, Charles Bolton, 68 Nichols, William Burlington, 289 Norton, Alfred Tisbury, 288 Noyes, Daniel Newbury, 388 Nute, Andrew T. Lowell, 293 O. ' Ober, Joseph E. Beverly, 385 Oliver, Henry K. Lawrence, 157 Orcutt, Nathan Cummington, 311 Orne, Benjamin S. Marblehead, 427 Osgood, Charles Northﬁeld, 304 P. Packer, E. VVing Leyden, 23 Paige, James W. Boston, 324 Paine, Benjamin Brewster, 393 Paine, Henry Provincetown, 414

Constitutional Convention. 29

Park, John G. Groton, 77 Parker, Adolphus G. Chicopee, 4 Parker, Joel Cambridge, 174 Parker, Samuel D. Boston, 44 Parris, Jonathan Halifax, 372 Parsons, Samuel C. Sandisﬁeld, 57 Partridge, John Paxton, 187 Parsons, Thomas A. Lawrence, 366 Payson, Thomas E. Rowley, 24 Peabody, George Salem, 15 Peabody, Nathaniel Bradford, 212 Pease, Jeremiah, Jr. Edgartown, 236 Penniman, John Chelsea, 395 Perkins, Daniel A. M alden, 346 Perkins, Jesse N. B ridgewater, 225 Perkins, Jonathan C. Salem, 252 Perkins, Noah C. Middleborough, 299 Phelps, Charles Monroe, 250 Phinney, Silvanus B. Chatham, 205 Pierce, Henry Shutesbury, 260 Plunkett, William C. Adams, 93 Pomroy, Jeremiah Rowe, 3 18 Pool, James M. Abington, 375 Powers, Peter Lowell, 216 Preston, Jonathan Boston, 284 Putnam,Prince, F. George O. Winchester, 100 Roxbury, 163 Putnam, John A. Wenham, 41

Rantoul, Robert Beverly, 69 Rawson, Silas N orthbridge, 323 Read, James Boston, 127 30 Constitutional Convention.

Reed, Sampson Boston, 184 Rice, David Levcrett, 277 Richards, Luther Dover, 325 Richardson, Daniel Middleton, 222 Richardson, Nathan Warren, 98 Richardson, Samuel H. Dana, 189 Ring, Elkanah, Jr. Norwich, 286 Rockwell, Julius Pittsfield, _ 294 Rockwood, Joseph M. Belchertown, 364 Rogers, John Mansfield, 182 Ross, David S. Oakham, 354 Royce, James C. Wales, 238 S. Sampson, George R. Boston, 218 Sanderson, Amasa Littleton, 310 Sanderson, Chester Ashfield, 126 Sargent, John Cambridge, 171 Schouler, William Boston, 79 Sheldon, Luther Easton, 45 Sherman, Charles Chicopee, 376 Sherril, John Richmond, 335 Sikes, Chester Ludlow, 106 Simmons, Perez Hanover, 248 Simonds, John W. Bedford, 181 Sleeper, John S. Rorbury, 201 Smith, Matthew Middle/ield, 409 Souther, John Boston, 146 Sprague, Melzar Hanson, 140 Spooner, Samuel W. Warwick, 296 Stacy, Eben H. Gloucester, 403 Stetson, Caleb Braintree, 58 Stevens, Charles G. Clinton, 341

Constitutional Convention. 31

Stevens, Granville Rehoboth, 119 Stevens, Joseph L., Jr. Gloucester, 308 Stevens, William Boxborough, 322 Stevenson, J. Thomas Boston, 30 Stiles, Gideon Southwick, 240 Storrow, Charles S. Lawrence, 206 Strong, Alfred L. Easthampton, 384 Stutson, William Sandwich, 397 Sumner, Charles Marshﬁeld, 112 Sumner, Increase Otis, 20 Swain, Alanson Nantucket, 331 T. Taber, Isaac C. New Bedford, 285 Taft, Arnold Mendon, 261 Talbot, Thomas Billerica, 198 Taylor, Ralph Gt. Barrington, 6 Thayer, Joseph Urbridge, 319 Thayer, YVillard, 2d Bellingham, 298 Thomas, John W. Weymouth, 138 Thompson, Charles Charlestown, 125 Tileston, Edmund P. Dorchester, 134 Tilton, Abraham Lowell, 56 Tilton, Horatio W. Chilmark, 249 Tower, Ephraim Florida, 270 Train, Charles R. Framingham, 99 Turner, David S. Hadley, 365 Turner, David P. Mt. Washington,429 Tyler, John S. Boston, 147 Tyler, William Pawtucket, 343 U Unde-rwood, Orison ‘ Milford, 13 32 Constitutional Convention.

Upham, Charles W. Salem, 306 Upton, George B. Boston, 122 V. Viles, Joel Lexington, 82 Vinton, George A. Southbridge, 175 W’. Walcott, Samuel B. Salem, 143 Wales, Bradford L. Randolph, Wallace, Frederick '1‘. Palmer, 191 Wallis, Freeland Holland, 173 Walker, Amasa N.- Broolgietd, 272 Walker, Samuel Roxbnry 230 Ward, Andrew H. Newton, 142 Warner, Marshal Stockbridgc, 204 Warner, Samuel, Jr. Wrentham, 255 Waters, Asa H. Millbury, 327 Weeks, Cyrus Harwich, 81 Weston, Gershom B. Duxbnry, 66 Wetmore, Thomas Boston, 115 Wheeler, William F. Lincoln, 269 White, Benjamin Goshen, 281 White, George Quincy, 223 Whitney, Daniel S. Boylston, 347 Whitney, James S. Conway, 123 Wilbur, Daniel Somerset, 426 Wilbur, Joseph Taunton, 408 Wilder, Joel Lancaster, 91 Wilkins, John H. Boston, 251 Wilkinson, Ezra Dedham, 136 \Villiams, Henry Taunton, 130 Williams, J. B. Chester, 404

Constitutional Convention. 33

Wilson, Henry N atick, 14 Wilson, Milo Shelburne, 13 1 Wilson, Willard B laclcstone, 268 Winn, Jonathan B. Woburn, 135 Winslow, Levi M. Windsor, 234 Wood, Charles C. Dudley, 370 Wood, Nathaniel Fitchburg, 398 Woods, Josiah B. E nﬁeld, 392 “lood, Otis Princeton, 402 Wood, William H. Middleborough, 55 Wright, Ezekiel Westford, 262

VVILLIAM S. ROBINSON, Secretary. JAMES T. ROBINSON, Secretary. WARREN BURTON, Chaplain. ALEXIS POOLE, Dom-keeper. BENJAMIN STEVENS, Messenger. DAVID MURPHY, Assistant Doorkeeper. WM. M. WISE, do. JOHN A. SARGENT, do. WILLIALI SAY WARD, Postmaster. JAMES N. TOLMAN, JR., l-‘age. THADDEUS PAGE, Assistant Page. JOSEPH P. DEXTER, Jn., Page in East Gallery. CHARLES A. MURPHY, Page in West Gallery.

3 STANDING COMMITTEES.

On so much of the Constitution as is contained in the Preamble and Declaration of Rights— Messrs. Sumner, . . for Marshﬁeld. “ Parker, . . of Cambridge. “ Hallett, . . for Wilbraham. “ Hillard, . . of Boston. “ Allen, “ Worcester. u Gray, _ “ Boston. “ Huntington, . . “ Salem. “ Rockwell, . . “ Pittsﬁeld. “ Dana, for Manchester. “ Boll, . . of Somerville. “ \V'1lliams, . . “ Taunton. ‘‘ Burllngame, . . for Northborough. -“ Marcy, . . of Greenwich.

On so much of the Constitution as relates to the Frame of Government, and the Generat Court, in SOIIJoTI l Q/'Cha - ter 1, and also so much as relates to Settling Elections the Legislature, in ./lrtiole 7 of Section 3, Chapter 2. Messrs. Allen, . . of Worcester.

“ Upham, “ Salem. “ Wilkinson, . “ Dedham. “ Appleton, . . “ Boston. ‘S Gourgas, “ Concord. Committees. 35

Messrs. Hale, of Bridgewater. “ Morton, “ Fairhaven. “ Plunkett, “ Adams. “ Davis . “ Plymouth. “ Liverinore, “ Cambridge. “ Bliss, “ . Longmeadow. “ Nash, “ . Williamsburg. “ Hoyt, “ Deerﬁeld.

On so much of the Constitution as relates to the Senate Messrs. Wilson . . of . N atick. ’ ' “ Beach, . . “ Springﬁeld. “ Stevenson, . “ . Boston. “ Morton, . . “ . Andover. “ Thompson, . . “ . Charlestown. “ Morey, . . “ . Boston. “ Keyes, . . for . Abington. “ Hobart, . . of . Foxboro’. “ Howland, “ New Bedlord. “ VVhitney, “ . Conway. “ Hooper, . “ Fall River. “ Conkey, “ Amherst. “ Dawes, “ . Adams. “ Alley, “ . Lynn. “ Pomeroy, . . “ . Rowe. “ Waters, . “ Millbury. “ James, “ So. Scituate. “ French, “ . Canton. “ Tilton, “ . Chilmark. “ Crowell “ Dennis. “ Easton, , “ Nantucket. 36 Committees.

On so much of the Constitution as relates to the House of Representatives Messrs. Griswold, . . for . Erving. “ Butler, . . of . Lowell. “ Hale, . . “ - Boston. “ Rantoul, . . “ . Beverly. “ Alvord, . . for . Montague. “ Schouler, . of Boston. “ Earl e, . . “ . Worcester. “ Bullock, . . “ Royalston. “ Sargent, “ Cambridge. “ Warner, “ . Wrentham. “ Kinsman, . “ . Newburyport. “ Ide, “ Attleboro’. “ Eaton, “ Pelharn. “ Parsons, “ Sandisﬁeld. “ Hurl burt, “ Lee. “ VVood, “ Middleboro’. “ Aspinwall, “ Brookline. “ Weeks, “ Harwich. “ Carter, “ Chicopee. Meader, “ Nantucket. Norton, “ Tisbury.

On so m uch of the Constitution as relates to the Governor, in Section 1 of Chapter 2, except so much as relates to the Jlilitia in Section 10 of said Chapter, and Section 9 of said Chapter concerning Appointments— Messrs. Davis, . . of . Worcester. “ Crowninshield, . “ . Boston. Committees. 37

Messrs. Brown, . . of . Dracut. “ Hopkinson, . . “ . Boston. “ Tyler, . . “ . Pawtucket. “ Loud, . . “ . Dorchester. “ Denison, . . “ . Coleraine. “ Bradbury, . . “ . Newton. “ Boutwell, . . “ Lu nenb urg. “ Huntington, . “ Becket. “ Stephens, . . “ . Gloucester. “ Miller, “ Wareham. “ Langdon, “ Monterey.

On so much of the Constitution as relates to the .Militia, in Section 1, Chapter 2, Jlrticle 10-— Messrs. Oliver, . . of . Lawrence. “ Chapin, “ Springﬁeld. “ Underwood, . “ Milford. “ Tyler, “ Boston. “ Churchill, “ Milton. “ Prince, “ Winchester. “ Abbott, “ Danvers. “ Strong, “ Easthampton. “ Bumpus, . “ Pl ympton. “ Stacy, . . “ . Gloucester. “ Fellows, 1 “ . Lowell. “ 1/Vinn, “ Woburn. “ Swain, “ Nantucket.

G 38 Committees.

On so much of the Constitution as relates to the Lieutenant Governor Messrs. Cushman, Bernardston. “ \Vilkins, Boston. Graves, Lowell. -.-'.'~v~'--'.v~¢~ Q»-o--.'...'.vn~ Storrow, Lawrence. Gardner, Seekonk. Cole, :=R::'.::°-.,=*‘== Cheshire. Tileston, Dorchester. Bullen, Northampton. Cooledge, North Chelsea. Bigelow, Grafton. Eames, Washington. Crosby, Orleans. Perk ins, North Bridgewater.

On so much of the Constitution as relates to the Council, in Sections 2, 3, and 4 of Chapter 2, except ﬂrticle 7 of Sec tion 3. Messrs. Hallett, for Wilbraham. “ Giles, of Boston. DeWitt, “ Oxford. Walcott, “ Salem. ..,_ Wales, “ Randolph. Adams, “ Lowell. Brown, H Medway. Buck, “ Lanesboro’. Kuhn, “ Boston. Hobart, “ East Bridgewater. Packer, “ Leyden. . ~..-..-....‘-.-...... :,_,_= Curtis, 5‘ Egremont. n I Durgin, H Wilmington. Committees. 39

On so much of the Constitution as relates to the Secretary and Treasurer, in Section 4 of Chapter 2, and the ﬂttomey General, Solicitor- General, Sheri s, Coroners, Registers of Probate, and Notaries Public, eing ./lrticlc 9 of Section 1, Chapter 2. Messrs. Bishop, of Lenox. “ Weston, . . “ . Duxbury. “ Hall, . . “ . Haverhill. “ Bates, “ Plymouth. “ Perkins, “ Malden. “ Brinley, “ Boston. “ Lincoln, “ Raynham. “ \Valker, . . “ . Roxbury. “ Eaton, . . “ . So. Reading. “ Orne, . . “ . Marblehead. “ Penniman, . . “ ' Chelsea. “ Knight, . . “ ' Peru.

On so muchof the Constitution as relates to the Judiciary Power, Chapt r 3, and the two last clauses of ﬂrticle 13, Section 1, Chapter 2, relating to Salaries. Messrs. Morton, . . of . Tau nton. “ Choate, “ Boston. “ Huntington, . “ Northampton. “ Bartlett, “ Boston. “ Bishop, . . “ . Lenox. “ Greenleaf, . . “ . Cambridge. “ Sumner, . . for . Otis. “ Lord, . . of . Salem. “ Abbott, . “ . Lowell. “ Chapin, . . “ . Worcester. 40 Committees. Messrs. Hathaway, . . of . Freetown. “ Lowell, . . “ . Roxbury. “ Leland, . . “ . Holliston.

On so much of the Constitution as relates to the University at Cambridge, being Chapter 5, Section 1. Messrs. Knowlton, . . of . Worcester. “ Giles, . . “ . Boston. “ Sumner, . . for . Otis. “ Briggs, . . of . Pittsfield. “ Huntington, . . “ . Northampton. “ Beach, . . “ . Springfield. “ P utnam, . . “ . Roxbury. “ Braman, . . “ . Danvers. “ Train, . . “ . Fra mingham. “ Greene, . . “ . Brookfield. “ Bird, . . “ . Walpole. “ Marvin, . . “ . Winchendon.

On so much of the Constitution as relates to the Encourage ment qf Literature, being Chapter 5, Section 2. Messrs. Briggs, . . of . Pittsﬁeld. “ Frothingham, “ Charlestown. “ Blagden, “ Boston. “ Lothrop, . “ Boston. “ Perkins, . . “ . Salem. “ Mason, . “ Fitchburg. “ Chandler, . “ Greenﬁeld. “ Copeland, . “ . Roxbury. “ Foster, . . “ . Charlemont. Committees. 41

Messrs. Thayer, . . of . Uxbridge. “ Cogswell, . “ . Yarmouth. “ Coggin, . . “ . Tewksbury. “ Wilbur, “ Tannton.

On so much of the Constitution as relates to Oaths and Sub scriptions, Incompatilnlity of and Exclusion from Qfliee, Pecuniary Qualifications, Commissions, Writs, Confirma tion of Laws, Habeas Corpus, and the Enacting Style, induding the eight first Articles in Chapter 6. Messrs. Butler, . . of . Lowell. “ Parker, “ Boston. “ Simmons, “ Hanover. “ Payson, “ Rowley. " Lawton, “ Fall River. “ Eustis . . “ . Boston. “ Goochi . . “ . Melrose. “ Denton, “ Chelsea. “ Goulding, “ Phlllipston. “ Kingman, “ W.Bridgewater. “ Wallace, “ . Palmer. “ Hurd, “ . Brighton. “ Knight, “ Marblehead.

On so much of the Constitution as relates to Qualifications of Voters, being Article 9 of Chapter 6. Messrs. Walker, . . of . N. Brookﬁeld. “ Hubbard, “ Boston. “ Hood, . “ . Lynn. “ Morss, . . “ . . Newburyport. “ French, “ New Bedford. 42 Committees.

Messrs. Phinney, . . of Barnstable. “ Thomas, “ Weymouth. Cook, . . “ Boston. o~._'.-o-~ Aldrich, . . “ Barre. Morton, . . “ Quincy. Warner, . . “ Stockb ridge. Phelps, . . “ Monroe. -_..._»'-. Clarke, . . “ Holyoke.

On so much of the Constitution as relates to ./Imendmcnls of the Constitution and Enrolment, being ./Irtictes 10 and 11 of Chapter 6. Messrs. N ayson, . . of Amesbury. “ Stetson, . . “ Braintree. “ Upton, . . “ Boston. “ Wood, . . “ Fitchburg. L‘ Page’ “ Boston. “ Duncan, “ \/Villiamstown. “ Allen, “ Brimﬁeld. “ Wheeler, . “ Lincoln. " Sherman, . . “ Chicopee. “ Viles, “ Lexington. “ Kellogg, “ Hadley. “ Paine, . “ Brewster. “ Nute, . “ Lowell.

On Elections. Messrs. Abbott, . . of Lowell. “ Williams, . Taunton. Plunkett, . . “ Adams. Dehon, . . “ Boston. Committees. 43

Messrs. Simmons, . of Hanover. “ White, “ Quincy. “ Ladd, “ Cambridge.

On Reporting and Printing.

Messrs. Hallett, for WVilbraham. “ Marvin, of Boston. “ Sleeper, “ Roxbury. “ Schouler, Boston. “ Gourgas, Concord. “ Bates, Plymouth. “ Greene, F-..~ --\.\'~ Brookﬁeld.

On Pay Roll. Messrs. Livermore, Cambridge. u Ely, Westﬁeld. Preston, Boston. Pool, Abington. I\'~I\=: Hunt, W eymouth. Davis, Methuen. v--. Caruthers, . Salisbury.

\ On Leave of,-/flbsence. Messrs. Fay, of Southborough. “ Fowler, . “ Danvers. “ Dean, . “ Stoneham. “ Crockett, H Boston. 44 Committees .

Messrs. Brown, . . of . Tolland. “ Adams, . . “ . Topsﬁeld. “ Clarke, . . “ . Townsend.

On Preservation of the Records. Messrs. Gourgas, . . of . Concord. “ Upham, . . “ . Salem. “ Frothingham, . “ . Charlestown. “ Dana, . . for . Manchester. “ Eames, . . of . Washington. Monitors. 45

MONITORS OF THE CONVENTION, 1853.

Mesfsrg. HE1(;IRY W. CUSHMAN, Fm" D“”s’°N’ And o FREOEROIC erna st 11, 0. . PRINCE, . of . 103 W'inchester, . . . 100 MIe_issrs.hC€IARLES B. HALL, of sE°°"DD“"sI°N' And av CHARLES r il , . R. . TRAIN, . of . 95 Framingham, . . . 99

Mijslsrs. MOSES BATES, JB.., of THIRD D‘“s‘°N’ . And ymouth, 0. c. BUMPUS, . . of .Plymp . 90 L ton,. . . . . 94 (Messrs. ELBRIDGE G. MORTON, 8 F°UBTH D‘"s‘°"’ And of Fai WZNTON haven, 0. GILBERT,. . of . 9 l Plainﬁeld, . . . 85

Messrs. McKEANCHURCHILL 80 Fm“ D“"sI°"’ And of M' iIEi~iRY to , . L. . DAWES, . of . Adams, . . . 84 Messrs. WILLIAM B. GREENE, 76 SIXTH D“"'“°N’ And of Brookﬁeld, WILLIAM SCHOULER, . . of . Boston, . . . . 79

{Messrs JOSEPH E. OBER, of Beverly, . . . . Essr GALLERY, AI;idl(ViVI.LLIAM C. BLISS, of Hat e , . . .

Messrs. WILLIAM CLEVERLY, of Wellﬂeet, . . . . Wssr GALLERY, And JOSIAH B. WOODS, of En ﬁeld, . . . . 46 Assignment of Committee Rooms.

ASSIGNMENT OF COMMITTEE ROOMS.

On so much of the Constitution as relates to the Frame of Government, Elections by LoBBY No. ‘I the Legislature, &c. . . . Mr. ALLEN, of Worcester, Chairman.

On to so the much House of of the Representatives, Constitution as . relates . €LoBBY No' 9‘ Mr. GRISXVOLD, for Erving, Chairman.

On so much of the Constitution as relates to g LoBBY No- 11. Qualiﬁcations of Voters, . . - Mr. WALKER, of North Brookﬁeld, Chairman.

On so much of the Constitution as relates to Oaths and Subscriptions, Incompatibility of and Exclusion from Oﬁice, Pecuniary Quali LoBBY No. 12. ﬁcations, &c. . Mr.‘ BUTLER, of Lowell, Chairman.

On so much of the Constitution as is contained §LoBBY No. 13. in the Preamble and Declaration of Rights, . Mr. SUMNER, for Marshﬁeld, Chairman.

On the so Judiciary, much of the . Constitution as relates to . $1-AoBBY No. 14. Mr. MORTON, of Taunton, Chairman.

On so much of the Constitution as relates to §LoBBY No. 15. the Council, . . Mr. HALLETT,'for Wilbraham, Chairman.

On so much of the Constitution as relates to €LoBBY N0. 15‘ the University at Cambridge, . . . Mr. KNOWLTON, of Worcester, Chairman.

On the so Senate, much of the . Constitution . as relates to _ $6!“-ZEN‘ Room, Mr. \VILSON, of Natick, Chairman. Assignment of Committee Rooms. 4'7

On so much of the Constitution as relates to Amendments and Enrolment, . . i ATTIC N0‘ 1' Mr. NAYSON, of Amesbury, Chairman.

On so much of the Constitution as relates to Y the Lieutenant-Governor, . . .- E ATTIC ho‘ 2' Mr. CUSHMAN, of Bernardston, Chairman.

On so much of the Constitution as relates to the Militia, g CLnnrr's Orncz. Mr. OLIVER, of Ilawremie, Chairman.

On so much of the Constitution as relates to the Secretary and Treasurer, and the Attor ney-General, Solicitor-General, Sheriffs, LIBRARY. Coroners, Registers of Probate, and Notaries Public,- . . . . . Mr. BISHOP, of Lenox, Chairman.

On so much of the Constitution as relates to € LIBRARY. the Encouragement of Literature, . . Mr. BRIGGS, of Pittsﬁcld, Chairman.

On so much of the Constitution as relates to g LAND OFFICE. the Governor, . Mr. BAVIS, of Vliorcester, Chairman.

On the Pay Roll, . . . . . }Cumx‘s Ounce. Mr. LIVERMORE, of Cambridge, Chairman. On Leave of Absence, . . . >01-ens‘! Omen. Mr. FAY, of Southborough, Chairman. On Reporting and Printing, . . . >LoBnY No.11. Mr. HALLETT, for Wilbraham, Chairman. On Preservation of Records, . . . }LoBBY N0. 11. Mr. GOURGAS, of Concord, Chairman. 48 State Librarg/.—Boston Alhenecum.

NOTICE OF THE MESSENGER TO THE MEMBERS OF THE CONSTITUTIONAL CONVENTION.

GALLERIES AND LoBBIES. Lobbies No. 10 (East Wing) and No. 12 (West Wing) are reserved as places of deposit for members’ overcoats, cloaks, &c., and messengers will be constantly in attendance to provide for their security. All the hooks in those Lobbies are number ed, and members are requested to use the hooks corresponding in number with their seats. Members who have seats in the West Gallery, and the First and Second Divisions, will ﬁnd their numbers in Lobby No. 12, (West Wing.) and those who have seats in other parts of the House will ﬁnd their numbers in Lobby No. 10, (East Wing.) The Lobbics attached to the Galleries will be constantly supplied with stationery for the use of the members occupying the Galleries, and a page will be in attendance in each Gallery to wait upon the members having seats therein.

STATE LIBRARY. There shall be a State Library kept in the State House, for the use of the Governor, Lieutenant-Govenor, the Council, the Senate, the House of Representatives, and such oﬁicers of the government and other persons, as may from time to time be per mitted to use the same. [Chap. 11, Seal. 9, of the Revised S¢atulea.] By a vote of the House of Representatives, members of the Convention have been invited to visit the Library and avail themselves of its privileges. The Library is on the lower ﬂoor, east entry, east wing of the State House.

BOSTON ATHENEUM. That the Governor, the Lieutenant-Governor, the Members of the Council, of the Senate, and the House of Representa tives, for the time being, shall have free access to the Library, Museum, and Repository of the Fine Arts of the said corpora tion, and may visit and consult the same at all times, under the same regulations as may be provided by the by-laws of said corporation, for the proprietors thereof. |Erlracls from the Laws of Masa., Vol. 3, page 378, 1807.] The members of the Convention have been invited by vote of the Trustees to visit the Rooms of the Athenaeum. The Boston Athenznum is located in Beacon Street, near the State House. STATE House, May, 1853. LIST OF MEMBERS

OF THE CONSTITUTIONAL CONVENTION,

\VITH THEIR PLACES OF RESIDENCE,

1853.

Hon. NATHENIEL P. BANKS, J at, Pnnsrnnnr.

SUFFOLK COUNTY. Boston, William Appleton, 54 Beacon st. Sidney Bartlett, 95 Beacon st. James M. Beebe, 14 Ashburton pl. Jacob Bigelow, 13 Summer st. George . Blagden, 10 Central ct. Osmyn Brewster, I Pitts st. Francis Brinley, 51 Summer st. Rufus Choate, 3 Winthrop pl. Charles E. Cook, 486 Washin ton st. George W. Crockett, Mt.V. c. Wi low st. F. B. Crowninshicld, 3 Somerset st. Williarn Dehon, 172 Trenpont st. William T. Eustis, 17 Allston st. A. G. Farwell, 12 Bulﬁnch st. Henry J. Gardner, 13 Mt. Vernon st. Joel Giles, 79 Mt. Vernon st. John C. Gray, 36 Summer st. Nathan Hale, 6 Hamilton pl. George Hayiward, 16 Pemberton sq. George S. illard, 62 Pinckney st. Thomas Hopkinson, 95 Boylston st. William J. Hubbard, 52 Chestnut st. Samuel H. Jenks, 250 Broadway, SB. George H. Kuhn, 66 Beacon st. Frederic W. Lincoln, Jr. 32 West Cedar st. Samuel K. Lothrop, 42 Court st. Theophilus R. Marvin, 29 Lynde st. George Morey, U S. Hotel. James W. Paige, 62 Summer st. Samuel D. Parker, 55 Mt. Vernon st. 4 50 Residence of Members.

Boston, Jonathan Preston, 79 Boylston st. James Read, 68 Beacon st. Sampson Reed, Louisburg sq. George R. Sampson, 563 Washington st. William Schouler, Jeliries‘ Cot., E. B. John Souther, Fourth n. E st.S.B. J. Thomas Stevenson, 75 Mt. Vernon st. John S. Tyler, 163 Tremont st. George B. Upton, 56 Bowdoiu st. Thomas Wetmore, 9 Bussey pl, John H Wilkins, 16 Water st. 'Chelsed , Augustus Denton, At home. John Penniman, At home. North Chelsea, Henry F. Cooledge, At home. Winthrop,

ESSEX COUNTY. \

A rnesbm-3/, Jonathan Nayson, Wash. Coff. House. Amlouer, John Johnson, At home. Marcus Morton, Jr., At home. Beverly, Joseph E. Ober, At home. Robert Rantoul, At home. Boagford, Moses Dorman, 11 Adams st., Char Bradford , Nathaniel Peabody, At home. [lestown. Dam/-e rs , Alfred A. Abbott, At home. Milton P. Bramsn, At home. Samuel P. Fowler, At home. Essex, - William J . A. Bradford, 74 Temple st. Georgetown, Joseph Kimball, At home. Gloucester, Eben H. Stacy, At home. Joseph L. Stevens, Jr., At home. Groveland. Gardner P. Ladd, At G. GriﬁEiu's. Hamilton, Oliver S. Cressy, At home. Hzwerhill, Charles B. Hall, At home. William H. Hewes, At home. Ipswich, George Haskell, At home. Lawreww, Henry K. Oliver, At home. Thomas A. Parsons, At home. Charles S. Storrow, At home. Lynn, John B. Alley, At home. Hiram N. Breed, At home. Nathaniel Holder, At home. George Hood, At home. L nnﬁeld, James Hewes, At home. anclzesler , Richard 11. Dana, Jr., of Cambridge, % At Cambridge. Residence of Members. 51

Mnrblehead, Jefferson Knight, At home. Benjamin S. Orne, At home. Methuen, John Davis, At home. Lfiddleton, Daniel Richardson, 74 Temple st. N ewbury, Daniel Noyes, Central House. Newburyport, Henry W. Kinsman, At home. Joseph B. Morss, At home. Rock ort, Henry Clark, 74 Temple st. Row , Thomas E. Payson, At home. Salem, Asahel Huntington, At home. Otis P. Lord, At home. George Peabody, At home. Jonathan C. Perkins, At home. Charles W. Upham, At home. Samuel B. Walcott, At home. Salisbury, William Carruthers, Wash. Coil‘. House. Saugus, Stephen E. Hawkes, At home. Swampscot, Tvmﬁeld, Benjamin P. Adams, 11 Elm st. Wenham, John A. Putnam, At home. West Newbury,

MIDDLESEX COUNTY. Atitgﬂy, Ebenezer Davis, At home. As , Martm Howard, City Hotel. Ashland, Simeon N. Cutler, At home. Bed 0111, John W. Simonds, Hanson's Hotel. Bil erica, Thomas Talbot, At home. Bozborough, William Stevens, Rear 49 Beverly st. Brighton, Charles Heard, At home. Burlington, William Nichols, At home. Cambridge, Simon Greenleaf, At home. John S. Ladd, At home. Isaac Livermore, At home. Joel Parker, At home. John Sargent, At home. Carlisle, John Jacobs, At home. Charlestown, Richard Frothingham,Jr.At home. Charles Thompson, At home. Chelmsgford, Samuel P. Hadley, At home. Concord, F. R. Gourgas, At home. Dracut, Alpheus R. Brown, At Lowell. Dunstable, Isaac Kendall, 13 Tyler st. Frumingham, Charles R. Train, At home. Groton, John G. Park, At home. Holliston, Alden Leland, Adams House. Hopkinton, Eliakirn A. Bates, American House. 52 Residence of Membeh.

Lexington, Joel Viles, At home. Lim-om, William F. Wheeler, At home. Littleton, Amasa Sanderson, At home. Lowell, Josiah G. Abbott, At home. Shuhael P. Adams, At home. Benjamin F. Butler, Revere House. James K. Fellows, At home. John W. Graves, At home. James M. Moore, At home. Andrew T. Nute, At home. Peter Powers, At home. Abraham Tllton, At home. Malzlen, Daniel A. Perkins, At home. Marlborough, Isaac Hayden, 60 Temple at. .Medford, William Haskins, At home. Melroae, Daniel W. Gooch, At home. Nalick, Henry Wils0n, Marlboro’ Hotel. Newton, Ebenezer Bradbury, At home. Andrew H. Ward, At home. Pepperell, Luther Lawrence, At home. Reading, Tristram Littleﬁeld, At home. Sherbom, Dalton Goulding, At home. Shirley, Abram Foster, At home. Somerville, Luther V. Bell, At home. S. Reading, Lilley Eaton, At home. Stoneham, Silas Dean, At home. Stowe, Elbridge Gates, Hanson's Hotel. Sudbury, Moses C. Hurlbut, At home. Tewksbu , Jacob Coggin, At home. Toumsen , Stillman Clarke, At home. T ngsborough, Zephaniah Bennett, At home. altkam, Nathaniel P. Banks, Jr., 47 Hancock st. Watertoum, Wayland, W. Cambridge, Weslford, Ezekiel Wright, At home. Weston, Edwin Hobbs, At home. Wilmington, John M. Durgin, At home. lVinclzeslcr, F. 0. Prince, At home. Woburn, J onathan B. Winn, At home.

WORCESTER COUNTY.

Ashbumham, Simeon Merritt, 5 Myrtle st. Alhol, L man W. Hapgood, Quincy House. Auburn, arcus Barrett, At home. Barre, P. Emory Aldrich, Worcester. Residence of Members. 53

Berlin, Blackstonz, Willard Wilson, Hanson’s Hotel. Bolton, Charles Newman, 10 Poplar st. Boylston, Daniel S. Whitney, Southboro.’ Brook eld, William B. Greene, cor. Bea. & Joy sts. Char ton, William P. Marble, 7 Vernon st. Clinton, Charles G. Stevens. Revere House. Dana, Samuel H. Richardson, 12 Billerica st. Douglas, Adolphus F. Brown, lVssh. Coil‘. House. Dudle , Charles C. Wood, Marlboro’ Hotel. Fitch urg, Charles Mason, Quincy House. Nathaniel Wood, 89 Myrtle st. Gardner, Levi Heywood, 20 Staniford st. Grafton, Edward B. Bigelow, At home. Hardwick, Harvard, Washington Gilbert, 575 Washington st. Holden, Charles L. Knowlton, Pearl st. House. Hubbardsfon, William Bennet, Jr., City Hotel. Lancaster, Joel Wilder, 43 West Cedar st. Leicester, Hiram Knight, United Sts. Hotel. Leominster, Joel C. Allen, 187 Harrison av. Lunenburg, Sewell Boutwell, Adams House. Mendon, Arnold Taft, ll Kneeland st. Milford, Orison Underwood, Quincy House. Jllillbury, Asa H. Waters, Marlboro’ Hotel. New Braintrce, Samuel Mixter, United Sts. Hotel. Northbrirlge, Silas Rawson, Hanson's Hotel. Northborough, Anson Bnrlingame, of At Cambrid e Cambrige, g ' N. Broo/lﬁeld, Amasa Walker, Marlboro’ Hotel. Oakham, David S. Ross, Marlboro‘ Hotel. Oxford, Alexander DeWitt. United Sts. Hotel. Paxton, John Partridge, Marlboro’ Hotel. Peterskam, Seth Hapgood, Adams House. .Phillip-sion, Jason Gonlding, Quincy House. Princeton, Otis \Vood, 89 Myrtle st. Royalston, Rufus Bullock, Quincy House. Rutland, James L. Monroe, Franklin House. Shrewsbury, William H. Knowlton, At home. Southborough, Sullivan Pay, 7 Bowdoin pl. Southbridge, Spencer, J abez Green, 8 Howard st. Sterling. Samuel Houghton, ll Elm st. Sturbridge, Benjamin D. Hyde, Bromﬁeld House. Sutton, Sumner Cole, Fountain House. Templeton, Gilman Day, Quincy House. Upton, George S. Ball, 91 Pinckney st. Uzbrirlge, Joseph Thayer, At home. lVarren, Nathan Richardson, United Sts. Hotel. Webster, Daniel E. Chapin, At home. Westboroug/1, Josiah Childs, At home. 54 Residence of Members.

W. Boylatcm, Joseph W. Cross, 109 Myrtle st. W. Brookﬁeld, Hammond Brown, Quincy House. Wealminsler, Charles G. Giles, At home. Winchmdon, Abijah P. Marvin, Marlboro’ Hotel. Worcester, Charles Allen, At home. Henry Chapin, At home. Isaac Davis, Adams House. John M. Earle, At home. J. S. C. Knowlton, At home.

HAMPSHIRE COUNTY.

Ami: oral, Ithamar Conkey, Winthrop House. Belcherlown, Joseph M. Rockwood, Pavilion. Cheslerfleld, Patrick Bryant, Marlboro’ Hotel. Cummwgton, Nathan Orcutt, Marlboro’ Hotel. Easthampton, Alfred L. Strong, Suffolk House. Enfield, Josiah B. Woods, Marlboro’ Hotel. Goshen, Benjamin White, 62 Temple at. Granby, Samuel Ayres, United Sts. Hotel Greenwich, Laban Marcy, Central House. Hadley, Giles C. Kellogg, Marlboro’ Hotel. Hat eld, William C. Bliss, Central House. Mi lqfield, Matthew Smith, Suffolk House. Northampton, Amos H. Bullen, 2 Winter Place. Charles P. Huntington, Norwich, Elkanah Ring, Jr., Marlboro’ Hotel. Pelham, Calvin D. Eaton, Hanson’s Hotel. Plainfield, Wanton C. Gilbert, Marlboro’ Hotel. Prescott, Samuel Henry. Central House. S. Hadley, David Turner, G. Howard’s, S.B. Southampton, Elisha Edwards, Suffolk House. Ware, Joseph Cummings, Pavilion. West/wmplon, Samuel Edwards, Suffolk House. lVz'lliamaburg, Worlhinglon, Russel Bartlett, Marlboro’ Hotel.

HAMPDEN COUNTY.

Blﬂml orrl, Albert Knox, Adams House. Brim eld, Parsons Allen, Cheater, J. B. Williams, United Sts. Hotel. Chicqnee, Timothy W. Carter, 3 Beacon Hill pl. Adolphus G. Parker, United Sts. Hotel Charles Sherman, United Sts. Hotel. Residence of Members. 55

Granville, Alpheus Bancroft, Suffolk House. Holland, Freeland Wallis, Hanson's Hotel. Holyoke, Alpheus B. Clarke, Suffolk House. Lmuymenclow, Gad O. Bliss, 11 Bulfinch st. Ludlow, Chester Sikes, United Sts. Hotel. Monson, Henry Cady, United Sts. Hotel. Montgomery, Ransom Clark. 15 Montgomery pl. Palmer, Frederick T. Wallace, Tremont House. Russell, Justin E. Loomis, Adams House. Southwick, Gideon Stiles. Bromfield House. Springfield, Erasmus D. Beach, United Sts. Hotel. Chester WV. Chapin, United Sts. Hotel. Tollond, Hiram C. Brown, United Sts. Hotel. Wales, James C. R0 ce, 26 Carver st. Joseph M. E y, llromfield House. . Spri e Homer Ely, United Sts. Hotel. Wilbraham, , Benj. F. Hallet, of B0st., 17 Louisburg Sq.

FRANKLIN COUNTY.

Ashfield, Chester Sanderson, United Sts. Hotel. Bernardst01l, Henry W. Cushman, Adams House. B uckland , Josiah W. Griswold, Fountain House. Charlemont, Aaron Foster, 41 Beach st. Coleroine, Hiram S. Denison, 14 Bradford st. Conway, James S. Whitney, Adams House. Deerfield, Henr K. Hoyt, Bromfield House. Erving, "Whiting Griswold, of Adams House. Greenfield, Gill, Alvah Ballard, '74 Temple st. Greenfield, Amariah Chandler, 74 Temple st. Hawle y, Simeon Crittenden, 74 Temple st. Heath, Luther Gale, 2 Church st. Leverett, David Rice, 22 Avery st. Leg/den, E. Wing Packer, 74 Temple st. Monroe, Charles Phelps, 7 Vernon st. Montague, D. W. Alvord, of? Adams House. Greenfield, New S'alen1, Robert Andrews, Quincy House. lgorlhfield, Charles Osgood, Quincy House. range, Hillel Baker, 74 Temple St. Rowe, Jeremiah Pomroy, 7 Vernon st. Shelburnc, Milo Wilson, Quincy House. Shutesbury, Henry Pierce, Hanson’s Hotel. Sunderland, William Hunt, Marlboro’ Hotel. Warwick, Samuel W. Spooner, 14 LaGran ePlace. Wendell, Lyman Fiske, Franklin ouse. Whately, Josiah Allis, Adams House. 56 Residence of Members.

BERKSHIRE COUNTY.

Adams, Henry L. Dawes, United Sts. Hotel. \\'illium C. Plunkett, United Sts. Hotel. Alford, Peter Easland, United Sts. Hotel. Becket, Geo. H. Huntington, Adams House. Cheshire, Lansing J. Cole, United Sts. Hotel. Clarksburg, Salah Clark, 7 Vernon st. Dalton, William S. Booth, Marlboro’ Hotel. Egremoni, Wilbur Curtis, United Sts. Hotel. Florida, Ephraim Tower, 7 Vernon st. Gt. Barrington, Ralph Taylor, United Sts. Hotel. Hancock, Hinsdale, William Hinsdale, ‘ 62 Temple st. Lanesborough, Asabel Buck, United Sts. Hotel. Lee. Samuel A. Hurlburt, United Stl. Hotel Lenox, Henry W. Bishop, United Sts. Hotel‘. Monterey. Wilber C. Langdon, United Sts. Hotel. .Mt. lVa-shington, David P. Turner, United Sts. Hotel. New Ashfbrd, Phineas Harmon, Hanson’s Hotel. N. Marlboro’, Ezekiel W. Fitch, United Sts. Hotel. Otis, Increase Sumner, United Sts. Hotel. Peru, Joseph Knight, 62 Temple st. Pitlqfield, George N. Briggs, United Sts. Hotel. Julius Rockwell, United Sts. Hotel. Richmond. John Sherril, United Sts. Hotel. gamliigfield, Samuel 0. Parsons, United Sts. Hotel. ‘way, Bradls'l1 Dunham, 7 Vernon st. Shefield, Elijah S. Deming, United Sts. Hotel. Stockbridge, Marshall Warner, United Sts. Hotel. Tyringham, Ezra Heath, 2d, 16 Oak st. Washington, Philip Eames, United Sts. Hotel. W. Slockbridge, Martin R. Kellogg, United Sts. Hotel. Williamstown, Samuel Duncan, United Sts. Hotel. Windsor, Levi M. Winslow, 7 Vernon st.

NORFOLK COUN’I'Y..

Bellin,-371 am, Willard Thayer, 2d, At home. Braintree, Caleb Stetson. A1. home. Brookline, \Villiam As inwall, At home. Canton, Charles H. rench, At home. Cohasset, James C. Doane, At home. Dedham, Ezra Wilkinson, At home. Dorchuler, Samuel P. Loud, At home. Edmund P. Tileston, At home. Residence of Jllembe-rs. 5'7

Dover, Luther Richards, 10 Morton Place. Forborough, Henry Hobart, At home. Franklin, James M. Freeman, At home. Medﬁeld, Samuel Fowle, 11 Kneeland st. Medway, Artemas Brown, 66 Tremont st. Milton, Jos. McKean Churchill, At home. Needham, Emery Fiske, At home. Quincy, William S. Morton, At home. George WVhite, At home. Randolph, Bradford L. Wales, At home. Rtmbury, Benjamin F. Copeland, At home. Samuel Jackson, At home. John A. Lowell, At home. George Putnam, At home. John S. Sleeper, At home. Samuel Walker, At home. Sharon, Stoughlon, Charles A. French, At home. Walpole, Francis W. Bird, At home. Weymoulh, Charles E. Hunt, At home. John W. Thomas, At home. W. Roxbury, Wrentham, Samuel Warner, Jr., At home.

BRISTOL COUNTY.

A llleborough, Abijah M. Ide, At home. Berkley, Dartmouth, James B. Allen, Marlboro‘ Hotel. Dighton, Leonard Gooding, At home. Easton, Luther Sheldon, 87 Warren st. Fairhaven, Elbridge G. Morton, 74 Temple st. Fall River, Asa Bronson, At home. Robert '1‘. Davis, At home. Foster Hooper, At home. Job G. Lawton, Jr., Adams House. Freetown, Elnathan P. Hathaway, Exchange Cof. Ho. Man-311' eld, John Rovers, Marlboro’ Hotel. Ne w Bed/‘ord, Joseph ﬁrowncll, Marlboro’ Hotel. Isaac Case, Bromﬁeld House. Rodnev French, Marlboro’ Hotel. Abraham H. Howland, Tremont House. Isaac C. Taber, Tremont House. Norton, George B. Crane, At home. Pawtuc/set, Wm. Tyler, At home. Raynham, Abishai Lincoln, At home. Rehobolh, Granville Stevens, Wildes’ Hotel. Seekonk, Johnson Gardner, Adams House. 58 Residence of Members.

Somerset, Daniel Wilbur, Swonzcy, George Austin, Pearl st. House. Taunton, Marcus Morton, At home. Joseph Wilbur, At home. Henry Williams, At home. Weslporl, Frederick Brownell, Pearl st. House.

PLYMOUTH COUNTY.

Abmgton, I:]dDv:Sil'1i:L.IKeyes, of At Dedham. JaX‘§isng:Io'n,P°°l’ of 39 Brattle st. Bridgewater, Artemas Hale, At home. Carver, Joseph Barrows, Washington Cof.H. Duzbury, Gershom B. Weston, 92 Boylston st. E. Bridgewater, Aaron Hobart, Bromﬁeld House. Halifax, Hanover, Hanson, Melzar Sprague, Central House. Hingham, Henry Hersey, At home. Hull, Robert Gould, Hingham. Kingston, Thomas Cushman, 10 Avery st. Marion, Marahﬁeld, Cligagieznsumner, of? 20 Hancock sh Middleborough, Noah C. Perkins, At home. William H. Wood, At home. N. Bridze10aler, Jesse Perkins, At home. Pembro/re, Otis Little, cor. Bedford & Lin [coln sts. Plymouth, Moses Bates, Jr. Adams House. Charles G. Davis, At home. Plympton, Cephas C. Bumpus, 84 Bedford st. Rochester, A. B. Hammond, Washington Cof.H. Sciluate, John Beal, 5 Princeton st.,E.B S. Scituale, VVilliam James, 6 Cambridge st. Wareham, Seth Miller, Jr. Exchange Cof. Ho. W. B: idgewaler, Joseph Kingman, Hanson’s Hotel.

BARNSTABLE COUNTY.

Barnstablc, Brewster, Benjamin Paine, 44 Cambridge st. Chatha m’ Silvanus Bammbk, B. Phinney ' of in. s. Hotel. Residence of ]VIembers. 59

Dennis, Seth Crowell, 44 Cambridge st. Eartham, David C. Atwood, 35 Bennington st. Falmouth, John Jenkins, Pavilion. Harwich, Cyrus Weeks, 44 Cambridge st. Orleans, Leander Crosby, 44 Cambridge st. Provincetown, Henry Paine, 119 Hanover st. Sandwich, William Stutson, 64 Boylston st. Tmro, Soloman Davis, Somerville. Wellﬂeel, William Cleverly, 176 Cambridge st. Yarmoulh, Nathaniel Cogswell, Marlboro’ Hotel.

DUKES COUNTY.

Chilmark, Horatio W. Tilton, 8 Bowdoin square. Edgarlown, Jeremiah Pease, Jr. Bromﬁeld House. Tisbury, Alfred Norton, Salem.

NANTUCKET COUNTY.

Nantucket, James Easton, 2d. U. S. Hotel. Reuben Meader, North Easton, Alanson Swain, U. S. Hotel.

WILLIAM S. ROBINSON, Secretary, Cambridge. JAMES T. ROBINSON, Secretary, United States Hotel. WARREN BURTON, Chaplain, Cambridgeport. ' BENJAMIN STEVENS, Messenger, No. 12 Hancock street. HARVEY FOWLER, Qﬂicial Reporter. ALEXIS POOLE, Doorkeeper, No. 7 Lucas Place. DAVID MURPHY. Assistant Doorkeeper. WM. M. WISE, do. No. 54 Orange street. JOHN A. SARGENT, do. No. 36 Piedmont street. WILLIAM SAYWARD, Postmaster, Dorchester. JAMES N. TOLMAN, JR.., Page, No. 2 Bay street. THADDEUS PAGE, Assistant Page, No. 2 Haymarket Place. JOSEPH P. DEXTER, JR., Page in East Gallery, No. 35 Porter street. CHARLES A. MURPHY, Page in ""ea! Gallery. POST OFFICE....BOSTON.

lll \I L ARRANGEMENT. Southern Mail closes Sunday at 7, P. M., other days at 5, A. M , 3*, and 4§, P. M. Letters are received at the Providence Railroad Depot, by the Express Mail Messenger, until 5 o'clock, P. M. Eastern, (daily) at 5, A. M., and IQ, P. M. Newburyport, Portsmouth and Portland, (Sundays excepted,) at 5, A. M., and 15, P. M. Providence, at 5, A. M., and 3, P. M. Albany, and all west of Worcester, at 5, A. M. Worcester, at 5, A. M., and 1, and 3}, P. M. Springﬁeld and Hartford, at 5, A. M., and 3%, P. M. Albany, at 5, A. M., and 3}, P. M. Northern, at 5, A. M. Lowell, at 5, A. M., 11, A. M., and 4, P. M. Nashua, Manchester, and Concord, (N. H.,) at 5, A. M , 11, A. M., and 4, P. M. Haverhill, Exeter and Dover. at 5, A. M., and lé. P. .M. Northampton, at 5. A. M.. and 3%, P. M. New Bedford and Taunton, at 5, A. M., and 3, P. M. Ca e Cod and Nantucket, at 5, A. M. Sa em, at 5, A. M., 11, A. M., and 1;, P. M. Mail for California, via. Aspinwall, Navy Bay, the 4th, 12th, 19th, and 27th, of the month, at 3§. P. M. For Havana, on the 11th and 26th of the month, at 3§, P. M. When the date of closing the California and Havana mails falls on Sunday, they will be closed at 7 P. M. English,0n days of sailingof steamers from Boston, at 10, A. M. By3 is-t¢Ie;1r11I‘Lzirs from New York, one day previous to sailing, at . , . .

WHEN DUE. Great Southern Mail, at 5%, and 12, P. M. New York Steamboat Mai , average 7, A. M. Worcester, Springﬁeld and Hartford, at 1, P. M., and 7, P. M. Eastern, at 1;}, and 8, P. M. Providence, at 10, A. M., and 65, P. M. Albany, at 6, P. M. Northern, at 2, P. M.. and 7, P. M. Lowell, at 9%, A. M., 2, P. M., and 7, P. M. Newburyport, Portsmouth and Portland, ﬁrst mail, at lé, P. M. Haverhill and Exeter, at 1);. P. M. Northampton, and all towns on the route this side. at 6, P. M. New Bedford and Taunton, at 10, A. M., and 6;, P. M. Cape Cod, at 6, P. M. Nantucket, at 6, P. M. CONSTITUTION

FORM OF GOVERNMENT,

OF THE

COMMONWEALTH OF MASSACHUSETTS.

PREAMBLE.

The end of the institution, maintenance and ad ministration of government, is to secure the exist ence of the body politic; to protect it; and to fur nish the individuals who compose it, with the power of enjoying in safety and tranquillity their natural rights and the blessings of life: and when ever 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 associ ation 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 equita ble 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. 62 Constitution 0] Massachusetts.

We, therefore, the people of Massachusetts, ac knowledging, with grateful hearts, the goodness of the great Legislator of the Universe, in affording us, in the course of his providence, an opportunity, de liberately 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 di rection in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the CON STITUTION of the COMMONWEALTH of MASSACHUSETTS.

PART THE FIRST.

A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.

ART. 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.

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 Pre server 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 senti Constitution of Massachuselt s. 63 ments; provided he doth not disturb the public peace or obstruct others in their religious worship. III. [As the happiness of a people, and the good order and preservation of civil government, essen tially depend upon piety, religion and morality ; and as these cannot be generally diffused through a com munity, but by the institution of the public worship of God, and of public instructions in piety, religion and morality: Therefore, to promote their happi ness, and to secure the good order and preservation of their government, the people of this Common wealth 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 pro vision, at their own expense, for the institution of the public worship of God, and for the support and main tenance of public protestant teachers of piety, re ligion and morality, in all cases where such pro vision 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 attend ance 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 re ligious societies, shall, at all times, have the exclu sive right of electing their public teachers, and of contracting with them for their support and main tenance. And all moneys, paid by the subject to the support 64 Constitution of Massachusetts.

of public worship, and of the public teachers afore said, 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 moneys are raised. And every denomination of Christians, demean ing themselves peaccably, and as good subjects of the Commonwealth, shall be equally under the protec tion of the law; and no subordination of any one sect or denomination to another shall ever be es tablished 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 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.

V. All power residing originally in the people, and being derived from them, the several magistrates and oﬁicers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accounta ble to them.

VI. No man, nor corporation or association of men, have any other title to obtain advantages, or particu lar 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 Constitution of Massachusetts. 65 children, or descendants, or relations by blood, the idea of a man being born a magistrate, lawgiver, or judge, is absurd and unnatural.

VII. Government is instituted for the common good; for the protection, safety, prosperity and hap piness 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 incon testible, unalienable, and indefeasible right to insti tute government; and to reform, alter, or totally change the same, when their protection, safety, pros perity and happiness require it.

VIII. In order to prevent those, who are vested with authority, from becoming oppressors, the peo ple have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public oﬁicers 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 this Commonwealth, having such qual iﬁcations as they shall establish by their frame of government, have an equal right to elect oﬁicers, and to be elected, for public employments. 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 expense of this protection; to give his personal ser vice, 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 5 66 Constitution of Massachusetts.

the people. In ﬁne, the people of this Common wealth 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.

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 pers0n,-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.

XII. 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 evidence against himself ; and every subject shall have a right to pro duce 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 coun sel 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 Constitution of Massachusetts. 67 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 possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or aﬁirmation; and if the order, in the warrant to a civil oﬁicer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accom panied 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 formal ities, prescribed by the laws.

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 necessary to alter it.

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.

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 68 Constitution of lilassachusetts. held in an exact subordination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adher ence to those of piety, justice, moderation, temper ance, industry and frugality, are absolutely necessary to preserve the advantages of liberty, and to main tain a free government. The people ought con sequently, to have a particular attention to all those principles, in the choice of their oﬁicers and representatives : and they have a right to require of their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the Commonwealth.

XIX. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; give instructions to their repre sentatives; and to request of the legislative body, by the way of addresses, petitions or remonstrances, redress of the wrongs done them, and of the griev ances they suffer. 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.

XXI. The freedom of deliberation, speech and debate, in either house of the legislature, is so essen tial to the rights of the people, that it cannot be the foundation of any accusaton or prosecution, action or complaint, in any other court or place what soever. Constitution of Massachusetts. 69

XXII. The legislature ought frequently to as semble for the redress of grievances, for correcting, strengthening and conﬁrming the laws, and for mak ing new laws, as the common good may require.

XXIII. No subsidy, charge, tax, impost or du ties, ought to be established, ﬁxed, laid or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature.

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 funda mental principles of a free government.

XXV. No subject ought, in any case or in any time, to be declared guilty of treason or felony by the legislature.

XXVI. No magistrate or court of law shall de mand excessive bail or sureties, impose excesswe ﬁnes, or inﬂict cruel or unusual punishments. 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 to be made but by the civil magistrate, in a manner ordained by the legislature. 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.

XXIX. It is essential to the preservation of the 70 Constitution of Massachusetts.

rights of every individual, his life, liberty, property and character, that there be an impartial interpre tation 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 hu manity will admit. It is therefore not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their oﬁices as long as they behave themselves well ; and that they should have honorable salaries, ascertained and established by standing laws.

XXX. In_ the government of this Commonwealth, the legislative department shall never exercise the ex ecutive 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 sol emnly and mutually agree with each other, to form themselves into a free, sovereign, and inde pendent body politic or state, by the name of‘ 'é‘HE COMMONWEALTH OF MASSACHU ETTS. Constitution of Massachusetts. 71

CHAPTER I. The Legislative Power.

SECTION I. The General Court. ART. I. The department of legislation shall be formed by two branches, a Senate and House of Representatives: each of which shall have a nega tive 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 dis solve and be dissolved on the day next preceding the said last Wednesday in May, and shall be styled THE GENERAL Courtr or Msssncnussrrs.

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, ap prove thereof, he shall signify his approbation by sign ing 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 which soever 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 recon sideration, 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 reconsid ered, and if approved by two-thirds of the mem '72 Constitution of Massachusetts.

bers present, shall have the force of a law : but in all such cases, the votes of both house shall be de termined by yeas and nays; and the rtames of the persons voting for, or against the said bill or resolve, shall be entered upon the public records of the Com monwealth. And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the gov ernor within five days after it shall have been pre sented, the same shall have the force of a law. III. The general court shall forever have full power and authority to erect and constitute judicato ries 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 he 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 afiirmations for the better discovery of truth in any matter in controversy, or depending before them. 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 in structions, either with penalties or without, so as Constitution of Massachusetts. 73 the same be not repugnant or contrary to this con stitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the govern ment 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 ofiicers within the said Com monwealth, the election and constitution of whom are not hereafter in this form of government other wise provided for; and to set forth the several duties, powers and limits of the several civil and military ofiicers of this Commonwealth, and the forms of such oaths or afiirmations as shall be re spectively administered unto them for the execution of their several ofiices and places, so as the same be not repugnant or contrary to this constitution; and to impose and levy proportional and reasonable as sessments, 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 what soever, 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 ad vice and consent of the council, for the public ser vice, 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 es tates, in the manner that has hitherto been practised, in order that such assessments may be made with 74 Constitution of Massachusetts. 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. sscrron 1!. Senate. Am. I. [There shall be annually elected, by the freeholders and other inhabitants of this Common wealth, qualiﬁed as in this constitution is provided, forty persons to be counsellors and senators, for the year ensuing their election; to be chosen by the inhabitants of the districts, into which the Common wealth 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 res pective districts, shall govern themselves by the pro portion 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 counsellors 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 SlX 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 counsellors 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 counsellors and senators, viz : Constitution of tllassachusetts. '75

Suffolk six York two Essex six Dukes county and one Middlesex ﬁve Nantucket i Hampshire four Worcester ﬁve Plymouth three - Cumberland one Barnstable one Lincoln one Bristol three Berkshire two]

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 meeting 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 select men, and warned in due course of law, at least seven days before the first Monday in April for the purpose of electing persons to be senators and counsellors; and, at such meetings, every [male inhabitant of twenty-one years of age and upwards, having a freehold estate, within the Commonwealth, of the annual income of three pounds, or any estate of the value 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 the meaning 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 ofiice or place within this state, in that town, district or plantation, where he dwelleth, or 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 selectmen, and in open town meet ‘76 Constitution of Massachusetts.

ing, of the name of every person voted for, and of the number of votes aguinst.his name; and a fair copy of this record shall be attested by the select men 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 ofiice sev enteen days at least before the said last Wednesday in May; and the sherifl' of each county shall deliver all such certificates, by him received, into the secretary’s ofiice, seventeen days before the said last Wednesday in May. And the inhabitants of plantations unincorpo rated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon themselves toward the support of gov ernment, shall have the same privilege of voting for counsellors and senators, in the plantations where they reside, as town inhabitants have in their re spective 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 asssesors thereof shall direct; which assessors shall have like authority 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 afore said,) who shall be assessed to the support of gov ernment by the assessors of an adjacent town, shall have the privilege of giving in their votes for coun sellors and senators, in the town where they shall be assessed, and be notified of the place of meeting by Constitution of Massachusetts. '77 the selectmen of the town where they shall be assessed, for that purpose, accordingly. III. And that there may be a due convention of senators on the last Wednesday in May annu ally, 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, that they may take their seats as aforesaid.]

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 annu ally, determine and declare who are elected by each district, to be senators, by a majority of votes: and in case there shall not appear to 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 num ber of votes in such district, and not elected, amounting to twice the number of senators want ing, if there be so many voted for; and, out of these, shall elect by ballot a number of senators sufiicient to fill up the vacancies in such district; 78 Constitution of Massachusetts. and in this manner all such vacancies shall be filled up in every district of the Eommonwealth; 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 be after such vacancies shall happen.

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 inhabit ant in the district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves, provided such adjournments do not ex ceed two days at a time.

VII. The senate shall choose its own president, appoint its own oﬁicers, and determine its own rules of proceeding.

VIII. The senate shall be a court with full au thority to hear and determine all impeachments made by the house of representatives, against any ofiicer or ofiicers of the Commonwealth, for mis conduct and mal-administration in their ofiices; 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 evidence. Their judg ment, however, shall not extend further than to Constitution of Massachusetts. 79

removal from ofiice and disqualification to hold or enjoy any place of honor, trust, or profit, under this Commonwealth: but the party, so convicted, shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.

IX. Not less than sixteen members of the sen ate shall constitute a quorum for doing business.

CHAPTER I. SECTION 111. House of Representatives. ART. I. There shall be, in the Legislature of this Commonwealth, a representation of the people, annually elected, and founded upon the principle of equality.

II. And in order to provide for a representation 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 in corporated, not having one hundred and fifty ratable polls, may elect one representative; but no place shall hereafter be be incorporated with the privilege 80 Constitution of Massachusetts. 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 to 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.

III. Every member of the house of representa tives shall be chosen by written votes; and, for one year at least next preceding his election, shall have been an inhabitant of, [and have been seized in his own right of‘, a freehold of the value of one hundred pounds, within the town he shall be chosen to repre sent, 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. 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 pre ceding, 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 representa tives for the said town.

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.] Constitution of Massachusetts. 81

VI. The house of representatives shall be the grand inquest of this Commonwealth; and all im peachments made by them shall be heard and tried by the senate.

VII. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.

VIII. The house of representatives shall have power to adjourn themselves; Provided such adjourn ment shall not exceed two days at a time.

IX. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.

X. The house of representatives shall be judge of the returns, elec-tions, and qualiﬁcations of its own members, as pointed out in the constitution; shall choose their own speaker; appointtheir own oﬁicers; and settle the rules and orders 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 dis orderly or contemptuous behavior in its presence; or who, in the town where the general courtis 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 as sault 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 mean process, 6 82 Constitution of Massachusetts.

during his going unto, returning from, or his attend ing, the general assembly.

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 consti tution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.

C H A P T E R II . Executive Power. sncnon 1. Governor. ART. I. There shall be a supreme executive magistrate,-who shall be styled, THE GOVERNOR OF THE COMMONWEALTH OF MASSA CHUSE'I‘TS;and whose title shttll be—HIS EX CELLENCY.

II. The governor shall be chosen annually; and no person shall be eligible to this ofiice, unless, at the time of his election, he shall have been an in habitant 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 Constitution of Massachusetts. 83 the Commonwealth, of the value of one thousand pounds ; [and unless he shall declare himselfto be of the christian rc1igion.] 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 gov ernor, 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 voted 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 select men, and transmit the same to the sheriff of the county, thirty days at least before the last Wednes day in May; and the sheriff shall transmit the same to the secretary’s ofiice 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 ofiice of the secretary of the Com monwealth 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 at 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; 84 Constitution of Massachusetts. 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.

IV. The governor shall have authority, from time to time, at his discretion, to assemble and call together the counsellors of this Commonwealth for the time being; and the governor, with the said counsellors, or ﬁve of them at least, shall and may, from time to time, hold and keep a council, forthe ordering and directing the affairs of the Common wealth, agreeably to the constitution and the laws of the land.

V. The governor, with advice of council, shall have full power and authority, during the session of the general court, to adjourn or prorogue the same to any time the two houses shall desire; and to dis solve the same on the day next 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 mem bers from their attendance, he may direct the session to be held at some other the most convenient place within the State. [And the govenor shall dissolve the said general court on the day next preceding the last Wednesday in May.]

VI. In cases of disagreement between the two houses, with regard to the necessity, expediency, or Constitution of Massachusetts. 85

time of adjournment or prorogation, the governor, with advice of the council, shall have a rightto adjourn or prorogue the general court, not exceed ing ninety days, as he shall determine the public good shall require. 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 ofiicer or ofiicers, 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 well by sea as by land, within or without the limits of this Commonwealth, and also to kill, slay and de stroy, if necessary, and conquer, by all fitting ways, enterprises and means whatsoever, all and every such person and persons as shall, at any time here after, 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 what soever, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner, invade, or attempt the in vading, conquering, or annoying this Commonwealth ; and that the governor be intrusted with all these and other powers, incident to the ofiices of captain 86 Constitution of Massachusetts.

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 con stitution granted, or hereafter 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 volun tary consent, or the consent of the general court ; ex cept so far as may be necessary to march or trans port them by land or water, for the defence of such part of the State to which they cannot otherwise con veniently have access.

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 of pardon, granted by the governor, with 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.

IX. All judicial oﬁicers, 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.

X. The captains and subalterns of the militia shall be elected by the written votes of [the train Constitution of Massachusetts. 87

band and alarm list of their respective companies, of twenty-one years of age and upwards ,] the field ofiicers of regiments shall be elected by the written votes of the captains and subalterns of their res pective regiments; the brigadiers shall be elected, in like manner, by the field ofiicers of their respec tive brigades; and such ofiicers, so elected, shall ‘be commissioned by the governor, who shall deter mine 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 governor the ofiicers 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 ofiicers, captains or subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such ofiices. And no ofiicer, duly commissioned to command in the militia, shall be removed from his ofiice 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 ofiicers of regiments shall appoint their adjutants and quarter masters; the brigadiers their brigade majors; and the major generals their aids; and the governor shall appoint the adjutant general. ' [The governor, with advice of council, shall appoint all ofiicers of the continental army, whom by the confederation of the United States it is provided that this Commonwealth shall appoint,—as also all ofiicers of forts and garrisons. 88 Constitution of Massachusetts. The divisions of the militia into brigades, regi ments and companies, made in pursuance of the militia laws now in force, shall be considered as the ‘proper divisions of the militia of this Commonwealth, until the same shall be altered in pursuance of some future law.]

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 in habitants thereof, agreeably to the acts and resolves of the general court.

XII. All public boards, the commissary general, all superintending officers of public magazines and stores, belonging to this Commonwealth, and all commanding ofiicers of forts and garrisons within the same, shall, once in every three months, ofiicially 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 accou trements, and of all other public property whatever under their care respectively ; distinguishing the quan tity, number, quality and kind of each, as partic ularly as may be; together with the condition of such forts, and garrisons ; and the said commanding ofiicer 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 ofiicers, shall communicate to the governor as soon as may be \ Constitution of Massachusetts. 89 after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be di rected to them respectively.

XIII. As the public good requires that the gov ernor should not be under the undue influence of any of the members of the general court, by a depen dence 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 nec essarily diverted from that object to his private con cerns,-—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 sufiicient for those purposes, and es tablished by standing laws; and it shall be among the first acts of the general court, after the com mencement of this constitution, to establish such sal ary 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 insufiicient, they shall, from time to time, be enlarged, as the general court shall judge proper.

— CHAPTER II. sscrwn 11. Lieutenant Governor. Aer. I. There shall be annually elected a lieu tenant governor of the Commonwealth of Massa chusetts, whose title shall be HIS HONOR, and 90 Constitution of Massachusetts.

who shall be qualified, in point of [religion,] property and residence in the Commonwealth, in the same man ner with the governor; and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The return of the votes for this ofii cer, 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 gov ernor is to be elected, in case no one person shall have a majority of the votes of the people to be governor. II. The governor, and in his absence the lieuten ant governor, shall be president of the council, but shall have no vote in council; and the lieutenant governor shall always be a member of the council, except when the chair of the governor shall be vacant.

Ill. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the Commonwealth, or otherwise, the lieutenant gov ernor 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 au thorities which, by this constitution, the governor is vested with, when personally present.

CHAPTER II. SECTION III Council, and the manner of Settling Elections, by the Legislature. AM‘. I. There shall be a council for advising the governor in the executive part of the govern Constitution of Massachusetts. 91 ment, to consist of nine persons besides the lieu tenant governor, whom the governor for the time being shall have full power and authority, from time to time, at his discretion, to assemble and call together; and the governor, with the said counsellors 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.

II. [Nine counsellors shall be annually chosen from among the persons returned for counsellors and sena tors, on the last Wednesday in May, by the joint bal lot 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 accept ing the trust, shall be vacated in the senate.]

III. The counsellors, in the civil arrangements of the Commonwealth, shall have rank next after the lieutenant governor. IV. [Not more than two counsellors shall be chosen out of any one district of this Commonwealth.]

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 opin ion contrary to the resolution of the majority. 92 Constitution of Massachusetts.

VI. Whenever the ofiice 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. 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 leg islature, 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, pro vided there should be no choice of them by the people ; and afterwards the two houses shall proceed to the election of the council.

CHAPTER II. SECTION IV. Secretary, Treasurer [Conzmissarg/, ART. I. The secretary, treasurer and receiver general, [and the commissary general, notaries public and naval oﬁicers,] shall be chosen annually, by joint ballot of the senators and representatives in one room; and, that the citizens of this Common wealth 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 trea Constitution of Massachusetts. 93 surer and receiver-general more than ﬁve years suc cessively.

II. The records of the Commonwealth shall be kept in the oﬁice of the secretary, who may appoint his deputies, for whose conduct he shall be account able, 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. ART. I. The tenure that all commission offi cers shall, by law, have in their ofiices, shall be ex pressed in their respective commissions. All judi cial ofiicers, duly appointed, commissioned and sworn shall hold their ofiices during good behavior, ex cepting such concerning whom there is different provision made in this constitution : provided, never theless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.

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. III. In order that the people may not sufi'er from the long continuance in place of any justice of the peace, who shall fail of discharging the im portant duties of his ofiice with ability or fidelity, all commissions of justices of the peace shalkexpire and become void, in the term of seven years from 94 Constitution of Massachusetts. 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.

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.

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 pro VlSlO[l.

CHAPTER IV. Delegates to Congress. [The delegates of this Commonwealth to the con gress of the United States shall, sometime 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 re called at any time within the year, and others chosen and commissioned, in the same manner, in their stead.] Constitution of Massachusetts. 95 CHAPTER V. The University at Cambridge, and Encouragement of Literature, (Q-c. sacrron r. The University. ARr. I. Whereas, our wise and pious ancestors so early as the year one thousand - six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great emi nence have, by the blessing of GOD, been initiated in those arts and sciences, which qualified them for 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 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 ofiicers 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 ofiicers and ser vants, respectively, forever. ' II. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies and con veyances, heretofore made, either to Harvard Col lege in Cambridge, in New England, or to the pres ident and fellows of Harvard College, or to the said 96 Constitution of Massachusetts. college, by some other description, under several charters successively; 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. III. And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, 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 in 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 sen ate of this Commonwealth, are, and shall be deemed, their successors; who, with the president of Har vard College for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Rox bury, 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 in terest 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. ' Constitution of Massachusetts. 97

CHAPTER V.

SECTION II. The Encouragement of Literature, t§~c. Wisdom and knowledge, as well as virtue, dif fused generally among the body of the people, being necessary for the preservation of their rights and liberties ; and as these depend on spreading the op portunities and advantages of education in the vari ous parts of the country, and among the different orders of the people, it shall be the duty of legisla tures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; es pecially the University at Cambridge, public schools, and 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, good humor, and all social affections, and generous sentiments among the people.

CHAPTER VI. Oaths and Subscriptions; Incompatibility of and Exclusion from Qflices ; Pecuniary Qualifications; Commissions; Writs; Confirmation of Laws; Haheas Corpus ; The Enacting Style; [Continu ance of Oflicers ; Provision for a future revisal of the Constitution, ARr. I. [ANY person chosen governor,lieutenant governor, counsellor, senator, or representative, and 7 98 Constitution of Massachusetts. accepting the trust, shall, before he proceed to exe cute the duties of his place or office, make and sub scrbe the following declaration, viz: “ I, A. B. do declare, that I believe the Christian religion, and havea firm persuasion of its truth ; and that I am seized and posessed, in my own right, of the property required by the constitution, as one qualification for the ofiice or place to which I am elected.” AND the governor, lieutenant governor, and coun sellors, 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 after wards, before the governor and council for the time being. AND every person, chosen to either of the places or ofiices aforesaid, as also any person appointed or commissioned to any judicial, executive, military, or other ofiice under the government, shall, before he enters on the discharge ofthe business of his place or o lice, take and subscribe the following declaration, and oaths or afiirmations, viz.— “ I, A. B. do truly and sincerely acknowledge, pro fess, 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 to the king, queen or government of Great Britan, (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, Constitution of Massachusetts. 99

pre-eminence, 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 tes tify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration or afiir mation; and thatl do make this acknowledgment, profession, testimony, declaration, denial, renuncia tion and abjuration, heartily and truly, according to the common meaning and acceptation of the fore going words, without any equivocation, mental eva sion, or secret reservation whatsoever. So help me God.”] “ I, A. B., do solemnly swear and afiirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and under standing, 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 or appointed as aforesaid, shall he of the denomina tion of the people called Quakers, and shall decline taking the said oaths, he shall make his afiirmation in the foregoing form, and subscribe the same, omit ting the words [“ I do swear,” “ and ahjure,” “ 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 penalties of perjury.” And the said oaths or afiirmations shall be taken and subscribed by the governor, lieutenant governor, and counsellors, before the president of the senate, in the presence of the two houses of assembly; and lO0 Constitution of llfassachusetts. by the senators and representatives [first elected under this constitution, before the president and five of the council of the former constitution ; and forever after wards] before the governor and council for the time being ; and by the residue of the oificers aforesaid, before such persons, and in such manner, as from time to time shall be prescribed by the legislature.

II. No governor, lieutenant governor, or judge of the supreme judicial court, shall hold any other ofiice or place, under the authority of this Com monwealth, except such as by this constitution they are admitted to hold, saving that the judges of the -said court may hold the ofiices of justices of the peace through the State; nor shall they hold any other place or ofiice, or receive any pension or sala ry from any other state, or government, or power whatever. No person shall be capable of holding or exercis ing, at the same time, within this State, more than one of the following oHices,viz.: judge of pro bate, sheriff, register of probate, or register of deeds; and never more than any two ofiices, which are to be held by appointment of Ahe gov ernor, or the governor and council, or the sen ate, or the house of representatives, or by the election of the people of the State at large, or of the people ofany county, military ofiices, and the ofiices of justices of the peace excepted, shall be held by one person. No person holding the ofiice of judge of the su preme judicial court, secretary, attorney-general, solicitor-general, treasurer or receiver-general, judge of probate, commissary-general, president, profes sor or instructor of Harvard College, sheriff, clerk of the house of representatives, register of probate, register of deeds, clerk of the supreme judicial Constitution of Massachusetts. 101 court, clerk of the inferior court of common pleas, or ofiicer of the customs, including, in this descrip tion, naval ofiicers, 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 counsellor shall accept of either of those ofiices or places. And no person shall ever be admitted to hold a seat in the legislature, or any ofiice of trust or im portance under the government of this Common wealth, who shall, in the due course of law, have been convicted of bribery or corruption, in obtaining an election or appointment.

III. In all cases, where sums of 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 be in the power of the legislature, from time to time, to increase such qualiﬁcations, as to property, of the persons to be elected to oﬁices, as the circumstances of the Commonwealth shall require

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 Common wealth aﬁixed thereto.

V. All writs, issuing out of the clerk’s oﬁice in any of the courts of law, shall be in the name of 102 Constitution of Massachusetts. the Commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue; they shall bear test of the ﬁrst justice of the court to which they shall be returnable, who is not a party, and be signed by the clerk of such court.

VI. All the laws, which have heretofore been adopted, used and approved in the province, colony or state of Massachusetts Bay, and usually practised 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. 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 legis lature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.

VIII. The enacting style, in making and pass ing all acts, statutes and laws, shall be—“ Be it enacted by the senate and house of representatives, in general court assembled, and by the authority of the same.”

IX. [To the end there may be no failure of jus tice, or danger arise to the Commonwealth, from a change of the form of government—alloﬁicers, civil and military, holding commissions under the govern ment and people of Massachusetts Bay in New Eng land, and all other oﬁicers of the said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise and enjoy all the powers and authority to them granted or commit Constitution of Massachusetts. 103

‘ted,until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective depart ments ; and all the executive and legislative oﬁicers, bodies and powers shall continue in full force, in the enjoyment and exercise of all their trusts, employ ments and authority, until the general court and the supreme and executive oﬁicers under this constitution are designated and invested with their respective trusts, powers and authority.

X. In order the more effectually to adhere to the 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 one thousand seven hundred and ninety-five, 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 throughout 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 ofiice to the several towns, to elect delegates to meet in convention for the purpose aforesaid. The said delegates to be chosen in the same man ner and proportion as their representatives in the second branch of the legislature are by this constitu .tion to be chosen.] 104 Constitution of Massachusetts.

XI. This form of government shall be enrolled‘ on parchment, and deposited in the secretary’s oﬁice, 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.

ARTICLES OF AMENDMENT. ARr. 1. IF any bill or resolve shall be objected to 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 return» ing it, with his objections, as provided by the Consti tution, such bill or resolve shall not become a law, not have force as such.

ART. 2. The general court shall have full power and authority to erect and constitute municipal or city governments in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the man ner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of oﬁicers under the constitution, and the manner of returning the votes given at such meetings: Provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants; nor unless it be with the consent and on the application of a majority of the inhabitants of such town, present and voting there on, pursuant to a vote at a meeting duly warnedt Constitution of lllassachusetts. 105 and holden for that purpose: and provided also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be an nulled by the general court.

ARr. 3. Every male citizen,oftwenty-one years of age and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the Commonwealth one year, and within the town or district, in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant governor, senators or repre sentatives, and who shall have paid by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth; and also every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualiﬁed as above mentioned, shall have a right to vote in such election of governor, lieutenant gover nor, senators and representatives; and no other per son shall be entitled to vote in such elections.

ART. 4. Notaries public shall be appointed by the governor, in the same manner as judicial ofiicers are appointed, and shall hold their ofiices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature. In case the ofiice of secretary or treasurer of the Commonwealth shall become vacant from any cause, during the recess of the General Court, the governor, with the advice and consent of the Council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant ofiice, who shall hold the 108 Constitution of Massachusetts. same until a successor shall be appointed by the General Court. Whenever the exigencies of the Commonwealth shall require the appointment of a commissary gen efal, he shall be nominated, appointed and commis sioned, in such manner as the legislature may, by law, prescribe. All ofiicers commissioned to command in the militia, may be removed from ofiice in such manner as the legislature may, by law, prescribe.

ARr. 5. In the elections of captains and subal terns of the militia, all the members of their respec tive companies, as well those under, as those above the age of twenty-one years, shall have a right to vote. ART. 6. Instead of the oath of allegiance pre scribed by the constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any ofiice, civil or military, under the government of this Commonwealth, before he shall enter on the duties of his ofiice, to wit: “I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me God.” Provided, That when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his afiirmation in the fore going form, omitting the word “ swear,” and insert ing, instead thereof, the word “ afiirm.” and omitting the words “ so help me God,” and subjoining, instead thereof, the words “this Ido under the pains and penalties of perjury.” ART. 7. No oath, declaration or subscription, excepting the oath prescribed, in the preceding article, Constitution of Massachusetts. 107 and the oath of ofiice, shall be required of the governor, lieutenant governor, counsellors, senators, or representatives, to qualify them to perform the duties of their respective ofiices.

ART. 8. No judge of any court of this Common wealth, (except the court of sessions,) and no person holding any ofiice under the authority of the United States, (postmasters excepted) shall, at the same time, hold the ofiice of governor, lieutenant gover nor, or counsellor, or have a seat in the senate, or house of representatives of this Commonwealth; and no judge of any court in this Commonwealth, (except the court of sessions,) nor the attorney-gen eral, solicitor-general, county-attorney, clerk of any‘ court, sheriff, treasurer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said ofiice after being elected a member of the congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the ofiicers aforesaid, shall be deemed and taken to be a resignation of his said ofiice ; md judges of the courts of common pleas shall hold no other ofiice under the government of this Commonwealth, the ofiice of justice of the peace and militia ofiices excepted.

ARr. 9. If, at any time hereafter, any specific and particular amendment or amendments to the con stitution be proposed in the general court, and agreed to by a majority of the senators and two thirds of the members of the house of representa tives, present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court 108 Constitution of Massachusetts. then next to be chosen, and shall be published; and if, in the general court next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two thirds of the members of the house of representa tives present and voting thereon; then it shall be the duty of the general court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this Com monwealth.

ART. 10. The political year shall begin on the first Wednesday of January instead of the last Wed nesday of May, and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the ses sion which has heretofore commenced on the last Wednesday of May. And the general court shall be dissolved on the day next preceding the first Wednes day of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the governor. The govern or, lieutenant governor, and counsellors, shall also hold their respective ofiices for one year next follow ing the first Wednesday of January, and until others are chosen and qualified in their stead. The meeting for the choice of governor, lieutenant governor, senators and representatives, shall be held on the second Monday of November in every year; Constitution of Massachusetts. 109 but meetings may be adjourned, if necessary, for the choice of representatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday ofthe same month of November. All the other provisions of the constitution, respect ing the elections and proceedings of the members of the general court, or of any other ofiicers or persons whatever, that have reference to the last Wednesday of May as the commencement of the political year, -shall be so far altered, as to have like reference to the first Wednesday of January. This article shall go into operation on the first day of October, next following the day when the same shall be duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant governor counsellors, senators, representatives, and all other State olficers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respect tive ofiices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieutenant governor, senators and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force and go into operation, pursuant to the fore going provision. All the provisions of the existing constitution, in -consistent with the provisions herein contained, are hereby wholly annulled.

ART. 11. Instead of the third article of the bill of rights, the following modiﬁcation and amendment thereof is substituted. 110 Constitution of Massachusetts.

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 re ligious 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 no sub ordination of any one sect or denomination to another shall ever be established by law.

ART. 12. In order to provide for a representa tion of the citizens of this Commonwealth, founded upon the principles of equality, a census of the ratable polls in each city, town, and district,pf the Common wealth, on the first day of May, shall be taken and returned into the secretary’s ofiice, in such manner as the legislature shall provide within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter in the month of May, in manner aforesaid, and each town or city having three hundred ratable polls at the last preceding decennial census of polls, Constitution of Massachusetts. 111 may elect one representative, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more. Any town having less than three hundred ratable polls shall be represented thus: the whole number of ratable polls, at the last preceding decennial census of polls, shall be multiplied by ten, and the product divided by three hundred, and such town may elect one representative as many years within ten years as three hundred is contained in the pro duct aforesaid. Any city or town having ratable polls enough to elect one or more representatives, with any number of polls beyond the necessary number, may be rep resented as to that surplus number, by multiplying such surplus number by ten, and dividing the product by four hundred and fifty; and such city or town may elect one additional representative as many years within the ten years, as four hundred and fifty is contained in the product aforesaid. Any two or more of the several towns and districts may, by consent of a majority of the legal voters present at a legal meeting in each of said towns and districts respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to con tinue until the next decennial census of polls, for the election of a representative or representatives; and such district shall have all the rights, in regard to representation, which would belong to a town con taining the same number of ratable polls. The governor and council shall ascertain and de termine, within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, according to the foregoing principles, the number of representatives which each city, town, 112 Constitution of lilassachusetts. and representative district, is entitled to elect, and the number of years within the period of ten years, then next ensuing, that each city, town, and repre sentative district, may elect an additional represen tative ; and where any town has not a sufiicient number of polls to elect a representative each year, then how many years within the ten years such town may elect a representative ; and the same shall be done once in ten years thereafter, by the govenor and council, and the number of ratable polls in each decennial census of polls shall determine the number of representatives which each city, town, and repre sentative district may elect, as aforesaid; and when the number of representatives to be elected by each city, town, or representative district, is ascertained and determined as aforesaid, the govenor shall cause the same to be published forthwith for the informa tion of the people, and that number shall remain fixed and unalterable for the period of ten years. All the provisions of the existing constitution in consistent with the provisions herein contained, are hereby wholly annulled.

ART. 13. A census of the inhabitants of each city and town,on the ﬁrst day of May, shall be taken and returned into the secretary’s oﬁice on or before the last day of June, of the year one thousand eight hundred and forty, and of every tenth year there after, which census shall determine the apportion ment of senators and representatives for the term of ten years. The several senatorial districts now existing, shall be permanent. The senate shall consist of forty members; and in the year one thousand eight hun dred and forty, and every tenth year thereafter, the governor and council shall assign the number of senators to be chosen in each district, according to Constitution of Illassachusetts. 113

the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district. The members of the house of representatives shall be apportioned in the following manner : Every town or city containing twelve hundred in habitants may elect one representative; and two thousand four hundred inhabitants shall be the mean increasing number which shall entitle it to an addi tional representative. Every town containing less than twelve hundred inhabitants shall be entitled to elect a representative as many times, within ten years, as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the Commonwealth shall be settled. Any two or more of the several towns may, by consent ofa majority of the legal voters present at a legal meeting, in each of said towns respectively, called for that purpose, and held before the ﬁrst day of August in the year one thousand eight hundred and forty, and every tenth year thereafter, form them selves into a representative district, to continue for the term of ten years; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of in habitants. The number of inhabitants which shall entitle a town to elect one representative, and the mean in creasing number, which shall entitle a town or city to elect more than one, and also the number by Which the population of towns, not entitled to a representative every year, is to be divided, shall be increased respectively, by one-tenth of the numbers above mentioned, whenever the population of the 8 1 14 Consl ilut ion of Massachusetts.

Commonwealth shall have increased to seven hun dred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of‘ one-tenth shall be made respectively to the said numbers above mentioned. In the year of each decennial census, the governor and council shall, before the tirst day of‘ September, apportion the number of representatives which each city, town and representative district, is entitled to elect, and ascertain how many years, within ten years, any town may elect a representative, which is not entitled to elect one every year, and the gov ernor shall cause the same to be puhlished’f'orthwith. Nine counsellors shall be annually chosen from among the people at large, on the first Wednes day of January, or as soon thereafter as may be, by the joint ballot of the senators and representatives, assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a counsellor who has not been an inhabitant of this Common wealth, for the term of five years immediately pre ceding his election; and not more than one counsellor shall be chosen from any one senatorial district in the Commonwealth. No possession of a freehbld, or of any other estate, shall be required as a qualification for holding a seat in either branch of the general court, or in the ex ecutive council.

[Nom.—'l‘he constitution of Massachusetts was agreed upon by del egates of th e people, in convention, begun and held at Cambridge on the ﬁrst day of September, 1779. and continued by adjournments to the second day of March. i730, when the convention adjourned to meet on the ﬁrst Wednesday of the ensuing June. In the meantime the constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes given should be in the afhrmntive, When the convention as sembled. it was found that the constitution had been adopted by the Constitution of Massachusetts. 115

requisite number of votes. and the convention accordingly resolved, the “ Q: V t the Wednesday said Constitution of October or next; Frame and of notGovernment before, for shall any take purpose place save on only for that of making elections agreeable to this resolution." The first legislature assembled at Boston on the twenty-fifth day of October, 1780. The first nine articles of amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people and by them ap proved and adopted, April 9, l82l. The tenth article of amendment was adopted by the legislatures of the political years 1829-30, and 1830-31, and was approved and ratified by the people, May 11, 1831. The eleventh article of amendment was adopted by the legislatures of the political years 1832 and 1833, and was approved and ratified by the people, November ll, 1833. The twelfth article of amendment was -adopted by the legislatures of the political years 18% and 1836, and was approved and ratified by the people, November 14, 1836. The thirteenth article of amendment was adopted by the legislatures of the political years 1839 and 1840, and was approved and ratified by the people, April 6, 1840.]

CONSTITUTION

OF THE

UNITED STATES.

WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common de fence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this CONSTITUTION FOR THE UNITED STATES OF AMERICA.

ARTICLE I. SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Rep resentatives.

SI.-:cT. 2. The house of representatives shall be composed of members chosen every second year, by the people of the several states; and the electors in each state shall have the qualiﬁcations requisite for electors of the most numerous branch of the state legislature. No person shall be a representative who shall not 118 Constitution of the United States.

have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of .e state in which he shall be chosen. Representatives and direct taxes shall be appor tioned among the several states which may be in cluded within this Union, according to their respec tive numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand; but each state shall have at least one representative ; and until such enumeration shall be made, the state of New Hamp shire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland s_ix, Virginia ten', North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The house of representatives shall choose their speaker and other ofiicers; and shall have the sole power of impeachment.

SE0r. 3. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. Immediately after they shall be assembled in con Constitution of the United States. 119

sequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; and of the third class, at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments, until the next meeting of the legislature, which shall then fill such vacancies. No person shall be a senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. The vice-president of the United States shall be president of the senate, but shall have no vote, un less they shall be equally divided. The senate shall choose their other ofiicers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the ofiice of president of the United States. The senate shall have the sole power to try all impeachments; when sitting for that purpose, they shall be on oath or afiirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds ofthe members present. Judgment, in cases of impeachment, shall not ex tend further than to removal from ofiice and dis qualification to hold and enjoy any ofiice of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and sub ject to indictment, triahjudgment, and punishment, according to law. 120 Constitution qf the United States. SeeT. 4. The times, places and manner of hold ing elections for senators and representatives, shall be prescribed in each state by the legislature there of’; but the congress may, at any time, by a law, make or alter such regulations, except as to the places of choosing senators. The congress shall assemble at least once in every year, and such meetings shall be on the first Mon day in December, unless they shall by law appoint a different day.

SECT. 5. Each house shall be the judge of the elections, returns and qualiﬁcations of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance ot' absent members, in such manner, and under such penalties, as each house may provide. Each house may determine the rules of its pro ceedings, and punish its members for disorderly be havior, and, with the concurrence of two-thirds, eX pel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in theirjudgment require secrecy ; and the yeas and nays of the members of either house, on any question, shall, at the desire of one fifth of those present, he entered on the journal. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SE0r. 6. The senators and representatives shall Constitution of the United States. 121 receive a compensation for their services, to be as certained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and return ing from the same; and for any speech or debate in -either house, they shall not be questioned in any other place, No senator or representative shall, during the time for which he was elected, be appointed to any civil ofiice under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any ofiice under the United Sates shall be a member of either house during his contin uance in ofiice.

SeeT. '7. All bills for raising revenues shall origi nate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. Every bill which shall have passed the house of representatives and the senate, shall, before it be come a law, be presented to the president of the Uni ted States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsid ered, and. if approved by two-thirds of that house, it shall become 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 122 Constitution of the United States.

and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which case it shall not be a law. Every order, resolution or vote, to which the con currence of the senate and house of representatives may be necessary, (except on a question of adjourn ment) shall be presented to the president of the United States ; and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the senate and house of representatives, according to-the rules and limitations prescribed in the case ofa bill.

SECT. 8. The congress shall have power :—To lay and collect taxes, duties, imposts and excises ; to pay the debts, and provide for the common defence and general welfare of the United States; but all du ties, imposts and excises shall be uniform through out the United States :— To borrow money on the credit of the United States :—- To regulate commerce with foreign nations, and among the several states, and with the lndian tribes :-To establish an uni form rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States : —'1‘o coin money, regulate the value thereof, and of foreign coin, and to ﬁx the standard of weights and measures :-To provide for the punishment of coun terfeiting the securities and current coin of the United States ;—To establish post ofﬁces and post roads :—To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective Constitution of the United States. 123

writings and discoveries:—To constitute tribunals inferior to the supreme court :—To define and pun ish piracies and felonies committed on the high seas, and offences against the law of nations :—To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water :—To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years :—To provide and maintain a navy :—To make rules for the government and regulation of the land and naval force :—To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions :—To provide for organizing, arming and disciplining the militia, and. for governing such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the ofiicers, and the authority of training the militia, according to the discipline prescribed by congress :—To ex ercise exclusive legislation in all cases whatsoever over such district, (not exceeding ten miles square,) as may by session of particular states, and the ac ceptance ef congress, become the seat of the gov ernment of the United States; and to exercise like authority over all places purchased by consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards and other needful buildings: and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any de partment or officer thereof.

SE0r. 9. The migration or importation of such- persons, as any of the states now existing shall thin]; proper to admit, shall not be prohibited by the con l24 Constitution of the United States.

gress prior to the year one thousand eight hundred and eight; but a tax or ‘duty may be imposed on such importation, not exceeding ten dollars for each person. The privileges of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion ~or invasion, the public safety may require it. No bill of attainder, or ea: post faeto law, shall be passed. No capitation, or other direct tax, shall be laid, -unless in proportion to the census or enumeration, herein before directed to be taken. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United States; and no person holding any ofiice of profit or trust under them, shall, without the consent of the congress, accept of any present, emolument, ofiice, or title, of any kind whatever, from any king, prince, or foreign state.

St-:0r. 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder,ex post facto law, or law impairing the obligations of con Constitution of the United States. 125

tracts; or grant any title of nobility. No state shall, without the consent of the congress, lay any imposts, or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the not produce of all duties and imposts, laid by any state on imports, or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the congress. No state shall, without the con sent of congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actu ally invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

Seer. 1. The executive power shall be vested in a President of the United States of America. He shall hold his oflice during the term of four years; and,together with the Vice President, chosen for the same term, be elected as follows: Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and repre sentatives to which the state may be entitled in the congress: But no senator or representative, or per son holding an oﬁice of trust or profit under the United States, shall be appointed an elector. [The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least, shall not be an inhabitant of the same state with themselves: and they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit sealed to the seat of the government of the I26 Constitution of the United States.

United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed: And if there be more than one who have such majority, and have an equal number of votes, then the house of repre sentatives shall immediately choose by ballot one of them for president ; and if no person have a majori ty, then from the five highest on the list, the said house shall, in like manner, choose the president: but, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of the all states shall be necessary to a choice. In every case, after the choice of the president, the person having the great est number of votes of the electors shall be the vice president. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice president.] The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. No person, except a natural born citizen, or a citizen of the United States at the time of the adop tion of this constitution, shall be eligible to the office of president ; neither shall any person be eli gible to that ofiice,who shall not have attained to the age ofthirty-five years, and been fourteen years a resident within the United States. In case of the removal of the president from ofiice, or of his death, resignation or inability to dis Constitutian qf the United States. 127 charge the powers and duties of the said office, the same shall devolve on the vice president; and the congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice president, declaring what ofiicer shall then act as president; and such ofiicer shall act accord ingly, until the disability be removed, or a president shall be elected. The president shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not re ceive, within that period, any other emolument from the United States, or any of them. Before he enter on the execution of his ofiice, he shall take the following oath or afiirmation : “I do solemnly swear (or afiirm,) that I will faithfully execute the ofiice of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States.”

SeeT. 2. The president shall be commander-ilk -chief of the army and navy of the United States, and ofthe militia of the several states, when called into the actual service of the United States. He may require the opinion in writing, of the principal oﬁieer in each of the executive departments, upon any subject relating to the duties of their respective oﬁices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur ; and he shall nominate, and, by and with the advice and consent -of the senate, shall appoint ambassadors, other pub 128 Constitution of the United States.

he ministers and consuls, judges of the supreme court, and all other oﬁicers of the United States, whose appointments are not herein otherwise pro vided for, and which shall be established by law: but the congress may by law vest the appointment of such inferior oﬁicers as they think proper, in the president alone, in the courts of law, or in the heads: of departments. The president shall have power to fill up all va cancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.

SeeT. 3. He shall, from time to time, give to the congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them,and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other pub lic ministers; he shall take care that the laws be faithfully executed, and shall commission all the oﬁicers of the United States.

SE0r. 4. The president, vice president, and all civil oﬁicers of the United States, shall be removed from oﬁice on impeachment for, and conviction of, treason, bribery, or other high crimes and misde meanors.

ARTICLE III.

SECT.1. The judicial power of the United States shall be vested in one supreme court, and in Constitution of the United States. 129 such inferior courts as the congress may, from time to time, order and establish. 'I‘he judges, both of the supreme and inferior courts, shall hold their oﬁices during good behavior, and shall at stated times, receive for their services a compensation, which shall not be diminished during their continu ance in oﬁice. Seer. 2. The judicial power shall extend to all ' cases, in law and equity, arising under this constitu tion, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public min isters and consuls; to all cases of admirality and maritime jurisdiction ; to controversies to which the United States shall be a party; to controversies be tween two or more states, [between a state and citi zens of another state,] between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mention ed, the supreme court shall have appellate juris diction, both as to law and fact, with such excep tions, and under such regulations, as the congress shall make. The trial of all crimes, except in cases of im peachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when ‘not committed within any state, the trial shall be at such place or places as the congress may by law have directed. 9 130 Constitution of the United States.

SECT. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and com fort. No person shall be convicted of treason, un less on the testimony of two witnesses to the same overt act, or on confession in open court. The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.

ARTICLE IV.

SscT. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings or every other state: and the congress may, by general laws, prescribe the manner in which such acts, records and proceedings, shall be proved, and the effect thereof.

SeeT. 2. The citizens of each state shall be en titled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, fel ony, or other crime, who shall ﬂee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he ﬂed, be delivered up, to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up, on claim of the party to whom such service or labor may be due. Constitution of the United States. 131

SeeT. 3. New states may beadmitted by the congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress. The congress shall have power to dispose of, and make all needful rules and regulations, respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

SECT. 4. The United States shall guarantee to every state in this Union arepublican form of gov ernment: and shall protect each of them against invasion: and, on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence.

ARTICLE V.

The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution: or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and pur poses, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be pro posed by the congress; provided, that no amend ments which may be made prior to the year one thousand eight hundred and eight, shall, in any man ner, affect the first and fourth clauses in the ninth 182 Constitution of the United States. section of the first article; and that no state, with out its consent, shall be deprived of its equal suffrage in the senate.

ARTICLE VI.

All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States, under this consti tution, as under the confederation. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the su preme law of the land; and the judges in every state shall be bound thereby, anything in the con stitution or laws of any state to the contrary not withstanding. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or afiirmation, to support this consti tution; but no religious test shall ever be required as a qualification to any ofiice or public trust under the United States. ARTICLE VII.

The ratiﬁcation of the conventions of nine states shall be suﬁicient for the establishment of this con stitution, between the states so ratifying the same. Constitution of the United States. 133 ARTICLES,

In addition to, and amendment of, the Constitution of the United States, ratified by the legislatures of the several states, pursuant to the ﬁfth article of the original Constitution.

I. Congress shall make no law respecting an es tablishment of religion, or prohibiting the free exer cise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a re dress of grievances.

II. A well regulated militia being necessary to the security of a free state, the right of the people, to keep and bear arms, shall not be infringed.

Ill. No soldier shall, in time of peace, be quar tered in any house, without the consent of the owner, nor in time of war; but in a manner to be prescribed by law. _

IV. The right of the people to be secure in their persons, houses, papers and eﬁ'ects, against unreason able searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or aﬁirmation, and particu larly describing the place to be searched, and the persons or things to be seized.

V. No person shall be held to answer for a capi tal or otherwise infamous crime, unless on a pre sentment or indictment by a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for 134 Constitution of the United States. the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without just compensation.

VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accu sation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence.

VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined, in any court of the United States, than according to the rules of the common law.

VIII. Excessive bail shall not be required, nor excessive ﬁnes imposed, nor cruel and unusual pun ishments inﬂicted.

IX. The enumeration, in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. ' Constitution of the United States. 135 XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

XII. The electors shall meet in their respective ' states, and vote by ballot for president and vice pres ident, one of whom, at least, shall not be an inhabi tant of the same state with themselves; they shall name, in their ballots, the person voted for as presi dent, and in distinct ballots, the person voted for as vice president; and they shall make distinct lists of all, persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives open all the certiﬁcates, and the votes shall then be counted ; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed: and if no such person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president ; but, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majori ty of all the states shall be necessary to a choice; and if the house of representatives shall not choose a president, whenever the right of choice shall de volve upon them, before the fourth day of March, 136 Constitution of the United States.

then next following, then the vice president shall act as president, as in case of the death or other consti tutional disability of the president. The person having the greatest number of votes as vice president shall be the vice president, if such number be a majority of the whole number of elec tors appointed; and if no person have a majority, then, from the two highest numbers on the list, the senate shall choose the vice president; a quorum for that purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person, constitutionally ineligible to the oﬁice of president, shall be eligible to that of vice president of the United States. INDEX.

Runs AND Onnnns, - - - - - 3-13 01' President, - - - - - . 3.6 Of Reconsideration, - - - - - 7 Of Duties of Members, - - - - 6-10 Of Duties of Monitors, - - - - 10-11 Of Petitions, Memorials, &c., - - - 11 Of Quorum, - - - - . . 12 Of Committees, Reports and Resolutions, - 12-13 Aer, cnnmxo THE Convnnnox, - - - 15-18 Nmuss or Mnmmns, - - - - - 19-33 Nsnns or O1~‘FICERS, - - - - . 33 STANDING ComMITTEES, - - - - . 3444 Mourrons or THE CoNVENTIoN, - - - 45 Assxonnnm or Commrrnn Rooms, - - . 46_47 Mnssnnonv’s Noncns, - - - - . 43 RESIDENCE or Mmunnns, - - - - 49.59 Rzsmnncn or Ormcnxs, - - - . 69 MAIL ARRANGEMENT, - - . _ _ 60 CoNSTITUTIoN or MASSACHUSETTS, - '- - 61-115 Articles of Amendment, - - - - 1()5_115 CoNSTITUTIoN or THE UNITED Sums, - - 117.136

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Deacidiﬁcation for Libraries and Archives

October 20 I 0