Massachusetts
State Constitution
Constitution Text
Preamble
T he end of the in s titution, maintenance and admini s tration of government, is to s ecure the exi s tence of the body-politic; to protect it; and to furnish-the individuals who compo s e it, with the power of enjoying, in s afety and tranquility, their natural rights, and the ble s s ings of life: And whenever the s e great objects are not obtained, the people have a right to alter the government, and to take mea s ures nece s s ary for their s afety, pro s perity and happine s s. The body-politic is formed by a voluntary a s s ociation of individuals: It is a s ocial compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all s hall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a Con s titution of Government, to provide for an equitable mode of making laws, as well as for an impartial interpretation, and a faithful execution of them; that every man may, at all times, find his s ecurity in them. We , therefore, the people of Ma s s achu s etts, acknowledging, with grateful hearts, the goodne s s of the Great Legi s lator of the Univer s e, in affording us, in the cour s e of His providence, an opportunity, deliberately and peaceably, without fraud, violence or s urprize, of entering into an original, explicit, and s olemn compact with each other; and of forming a new Con s titution of Civil Government, for our s elves and po s terity; and devoutly imploring His direction in s o intere s ting a de s ign, do agree upon, ordain and establish, the following Declaration of Rights, and Frame of Government , as the Constitution of the Commonwealth of Massachusetts . Part the First .
Full Text
Section I: A ll men are born free and equal, and have certain natural, e s s ential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, po s s e s s ing, and protecting property; in fine, that of s eeking and obtaining their s afety and happine s s.
II. It is the right as well as the duty of all men in s ociety, publicly, and at s tated s ea s ons, to worship the Supreme Being , the great creator and pre s erver of the univer s e. And no s ubject s hall be hurt, mole s ted, or re s trained, in his per s on, liberty, or e s tate, for worshiping God in the manner and s ea s on mo s t agreeable to the dictates of his own con s cience; or for his religious profe s s ion or s entiments; provided he doth not di s turb the public peace, or ob s truct others in their religious worship. III. As the happiness of a people, and the good order and pre s ervation of civil government, e s s entially depend upon piety, religion and morality; and as the s e cannot be generally diffu s ed through a community, but by the in s titution of the public wor s hip of God , and of public in s tructions in piety, religion and morality: Therefore, to promote their happine s s, and to s ecure the good order and pre s ervation of their government, the people of this Commonwealth have a right to inve s t their legi s lature with power to authorize and require, and the legi s lature s hall, from time to time, authorize and require, the s everal towns, parishes, precincts, and other bodies politic, or religious s ocieties, to make s uitable provi s ion, at their own expence, for the in s titution of the public worship of God , and for the support and maintenance of public prote s tant teachers of piety, religion and morality, in all ca s es where s uch provi s ion s hall not be made voluntarily. And the people of this Commonwealth have al s o a right to, and do, inve s t their legi s lature with authority to enjoin upon all the s ubjects an attendance upon the instructions of the public teachers afore s aid, at s lated times and s ea s ons, if there be any on who s e in s tructions they can con s cienciou s ly and conveniently attend. Provided notwithstanding, that the s everal towns, pari s hes, precincts, and other bodies-politic, or religious s ocieties, s hall, at all times, have the exclusive right of electing their public teachers, and of contracting with them for their s upport and maintenance. And all monies paid by the s ubject to the s upport of public wor s hip, and of the public teachers afore s aid, s hall, if he require it, be uniformly applied to the s upport of the public teacher or teachers of his own religious s ect or denomination, provided there be any on who s e in s tructions he attends; otherwise it may be paid towards the s upport of the teacher or teachers of the parish or precinct in which the s aid monies are rai s ed. And every denomination of chri s tians, demeaning them s elves peaceably, and as good s ubjects of the Commonwealth, s hall be equally under the pro protection of the law: And no s ubordination of any one s ect or denomination to another s hall ever be e s tabli s hed by law. IV. The people of this Commonwealth have the s ole and exclu s ive right of governing them s elves as a free, s overeign, and independent s tate; and do, and forever hereafter s hall, exerci s e and enjoy every power, juri s diction, and right, which is not, or may not hereafter, be by them expre s ly delegated to the United States of America, in Congre s s a s s embled. V. All power re s iding originally in the people, and being derived from them, the s everal magi s trates and officers of government, ve s ted with authority, whether legi s lative, executive, or judicial, are their s ub s titutes and agents, and are at all times accountable to them. VI. No man, nor corporation, or a s s ociation of men, have any other title to obtain advantages, or particular and exclu s ive privileges, di s tinct from tho s e of the community, than what ari s es from the con s ideration of s ervices rendered to the public; and this title being in nature neither hereditary, nor tranfmi s s ible to children, or de s cendents, or relations by blood, the idea of a man born a magi s trate, law-giver, or judge, is ab s urd and unnatural. VII. Government is in s tituted for the common good; for the protection, s afety, pro s perity and happiness of the people; and not for the profit, honor, or private intere s t of any one man, family, or cla s s of men: Therefore the people alone have an inconte s tible, unalienable, and indefea s ible right to in s titute government; and to reform, alter, or totally change the fame, when their protection, s afety, pro s perity and happine s s require it. VIII. In order to prevent tho s e, who are ve s ted with authority, from becoming oppre s s ors, the people have a right, at s uch periods and in s uch manner as they s hall establish by their frame of government, to cau s e their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments. IX. All elections ought to be free; and all the inhabitants of this Commonwealth, having s uch qualifications as they shall e s tablish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. X. Each individual of the s ociety has a right to be protected by it in the enjoyment of his life, liberty and property, according to s tanding laws. He is obliged, con s equently, to contribute his s hare to the expence of this protection; to give his per s onal s ervice, or an equivalent, when nece s s ary: But no part of the property of any individual, can, with ju s tice, be taken from him, or applied to public u s es, without his own con s ent, or that of the repre s entative body of the people: In fine, the people of this Commonwealth are not controulable by any other laws, than tho s e to which their con s titutional repre s entative body have given their con s ent. And whenever the public exigencies require, that the property of any individual should be appropriated to public u s es, he hall receive a rea s onable compen s ation therefor. XI. Every s ubject of the Commonwealth ought to find a certain remedy, by having recour s e to the laws, for all injuries or wrongs which he may receive in his per s on, property, or character. He aught to obtain right and ju s tice freely, and without being obliged to purcha s e it; compleatly, and without any denial; promptly, and without delay; conformably to the laws. XII. No s ubject s hall be held to answer for any crime or offence, until the fame is fully and plainly, s ub s tantially and formally, de s cribed to him; or be compelled to accu s e, or furnish evidence against him s elf. And every s ubject s hall have a right to produce all proofs, that may be favourable to him; to meet the witne s s es against him face to face, and to be fully heard in his defence by himself, or his council, at his election. And no s ubject shall be arre s ted, impri s oned, de s poiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or eftate, but by the judgment of his peers, or the law of the land. And the legi s lature shall not make any law, that shall s ubject any per s on to a capital or infamous puni s hment, excepting for the government of the army, and navy, without trial by jury. XIII. In criminal pro s ecutions, the verification of facts in the vicinity where they happen, is one of the greate s t s ecurities of the life, liberty, and preperty of the citizen. XIV. Every s ubject has a right to be s ecure from all unrea s onable s earches, and s eizures of his per s on, his houses, his papers, and all his po s s e s s ions. All warrants, therefore, are contrary to this right, if the cau s e or foundation of them be not previou s ly s upported by oath or affirmation; and if the order in the warrant to a civil officer, to make s earch in s u s pected places, or to arre s t one or more s u s pected per s ons, or to s eize their property, be not accompanied with a s pecial de s ignation of the per s ons or objects of s earch, arre s t, or s eizure and no warrant ought to be i s s ued but in ca s es, and with the formalities, pre s cribed by the laws. XV. In all controver s ies concerning property, and in all s uits between two or more per s ons, except in ca s es in which it has heretofore been otherways u s ed and practiced, the parties have a right to a trial by a jury; and this method of procedure s hall be held s acred, unle s s, in cau s es ari s ing on the high- s eas, and s uch as relate to mariners wages, the legislature s hall hereafter find it nece s s ary to alter it. XVI. The liberty of the pre s s is e s s ential to the s ecurity of freedom in a s tate: it ought not, therefore, to be re s trained 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 con s ent of the legi s lature; and the military power s hall always be held in an exact s ubordination to the civil authority, and be governed by it. XVIII. A frequent recurrence to the fundamental principles of the con s titution, and a con s ant adherence to tho s e of piety, ju s tice, moderation, temperance, indu s try, and frugality, are ab s olutely nece s s ary to pre s erve the advantages of liberty, and to maintain a free government: The people ought, con s equently, to have a particular attention to all tho s e principles, in the choice of their officers and repre s entatives: And they have a right to require of their law-givers, and magi s trates, an exact and con s tant ob s ervance of them, in the formation and execution of the laws nece s s ary for the good admini s tration of the Commonwealth. XIX. The people have a right, in an orderly and peaceable manner, to a s s emble to con s ult upon the common good; give in s tructions to their repre s entatives; and to request of the legislative body, by the way of addre s s es, petitions, or remon s trances, redre s s of the wrongs done them, and of the grievances they s uffer. XX. The power of s u s pending the laws, or the execution of the laws, ought never to be exerci s ed but by the legislature, or by authority derived from it, to be exerci s ed in s uch particular ca s es only as the legi s lature s hall expre s ly provide for. XXI. The freedom of deliberation, s peech and debate, in either hou s e of the legi s lature, is s o e s s ential to the rights of the people, that it cannot be the foundation of any accu s ation or pro s ecution, action or complaint, in any other court or place what s oever. XXII. The legi s lature ought frequently to a s s emble for the redre s s of grievances, for correcting, s trengthening,and confirming the laws, and for making new laws, as the common good may require. XXIII. No s ub s idy, charge, tax, impo s t, or duties, ought to be established, fixed, laid, or levied, under any pretext what s oever, without the con s ent of the people,or their repre s entatives in the legislature. XXIV. Laws made to punish for actions done before the exi s tence of s uch laws, and which have not been declared crimes by preceeding laws, are unjuft, oppre s s ive, and incon s i s tent with the fundamental principles of a free government. XXV. No s ubject ought, in any ca s e, or in any time, to be declared guilty of trea s on or felony by the legi s lature. XXVI. No magi s trate or court of law, s hal s demand exce s s ive bail or s ureties, impo s e exce s s ive fines, or inflict cruel or unu s ual puni s hments. XXVII. In time of peace no s oldier ought to be quartered in any hou s e without the con s ent of the owner; and in time of war s uch quarters ought not to be made but by the civil magi s trate, in a manner ordained by the legislature. XXVIII. No per s on can in any ca s e be s ubjected to law-martial, or to any penalties or pains, by virtue of that law, except tho s e employed the army or navy, and except the militia in actual s ervice, bur by authority of the legi s lature. XXIX. It is e s s ential to the pre s ervation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and admini s tration of ju s tice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. It is therefore not only the be policy, but for the s ecurity of the rights of the people, and of every citizen, that the judges of the s upreme judicial court s hould hold their offices as long as they behave them s eives well; and that they should have honorable s alaries a s certained and established by s tanding laws. XXX. In the government of this Commonwealth, the legislative department s hall never exerci s e the executive and judicial powers, or either of them: The executive s hall never exercise the legi s lative and judicial powers, or either of them: The judicial s hall never exerci s e 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. T he people inhabiting the territory formerly called the Province of Ma s s achu s etts-Bay, do hereby s olemnly and mutually agree with each other, to form them s elves into a free, s overeign, and independent body politic or s tate, by the name of the Commonwealth of Massachusetts . Chapter I. The Legi s lative Power.
Section I
The General Court.
Section I: The department of legi s lation s hall be formed by two branches, a Senate and House of Representatives : each of which shall have a negative on the other.
The legislative body s hall a s s emble every year on the last Wednesday in May, and at s uch other times as they s hall judge nece s s ary; and s hall di s s olve and be di s s olved on the day next preceeding the s aid la s t Wednesday in May; and s hall be s tiled, The General Court of Massachusetts . II. No bill or re s olve of the Senate or Hou s e of Repre s entatives s hall become a law, and have force as s uch, until it s hall have been laid before the Governor for his revi s al: And if he, upon s uch revision, approve thereof, he shall s ignify his approbation by s igning the s ame. But if he have any objection to the pa s s ing of s uch bill or re s olve, he shall return the s ame, together with his objections thereto, in writing, to the Senate or House of Repre s entatives, in which s oever the s ame s hall have originated; who s hall enter the objections s ent down by the Governor, at large, on their records, and proceed to recon s ider the s aid bill or re s olve: But if after s uch recon s ideration, two thirds of the s aid Senate or House of Repre s entatives, s hall, notwith s tanding the s aid objections, agree to pa s s the fame, it s hall, together with the objections, be s ent to the other branch of the legi s lature, where it shall al s o be recon s idered, and if approved by two thirds of the members pre s ent, it shall have the force of a law: But in all s uch ca s es, the votes of both hou s es s hall be determined by yeas and nays; and the names of the per s ons voting for, or against, the s aid bill or re s olve, s hall be entered upon the public records of the Commonwealth. And in order to prevent unnece s s ary delays, if any bill or re s olve s hall not be returned by the Governor within five days after it s hall have been pre s ented, the s ame s hall have the force of a law. III. The General Court s hall forever have full power and authority to erect and con s titute judicatories and courts of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, proce s s es, plaints, actions, matters, cau s es and things, whatsoever, ari s ing or happening within the Commonwealth, or between of concerning per s ons inhabiting, or re s iding, or brought within the fame; whether the s ame; be criminal or civil, or whether the s aid crimes be capital or not capital, and whether the s aid pleas be real, per s onal, 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 admini s ter oaths or affirmations, for the better di s covery of truth in any matter in controver s y or depending before them. IV. And further, full power and authority are hereby given and granted to the s aid General Court, from time to time, to make, ordain, and e s tablish, all manner of whole s ome and rea s onable orders, laws, s tatutes, and ordinances, directions and in s tructions, either with penalties or without; s o as the s ame be not repugnant or contrary to this Con s titution, as they s hall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the s ubjects of the s ame, and for the nece s s ary s upport and defence of the government thereof; and to name and s ettle annually, or provide by fixed laws, for the naming and s ettling all civil officers within the s aid Commonwealth; the election and con s titution of whom are not hereafter in this Form of Government otherwi s e provided for; and to s et forth the s everal duties, powers and limits, of the s everal civil and military officers of this Commonwealth, and the forms of s uch oaths or affirmations as s hall be re s pectively admini s tred unto them for the execution of their s everal offices and places, s o as the s ame be not repugnant or contrary to this Con s titution; and to impo s e and levy proportional and reasonable a s s e s s ments, rates, and taxes, upon all the inhabitants of, and per s ons re s ident, and e s tates lying, within the s aid Commonwealth; and al s o to impo s e, and levy, rea s onable duties and exci s es, upon any produce, goods, wares, merchandize, and commodities what s oever, brought into, produced, manufactured, or being within the fame; to be i s s ued and di s po s ed of by warrant, under the hand of the Governor of this Commonwealth for the time being, with the advice and con s ent of the Council, for the public s ervice, in the nece s s ary defence and s upport of the government of the s aid Commonwealth, and the protection and pre s ervation of the the s ubjects thereof, according to s uch acts as are or shall be in force within the s ame. And while the public charges of government or any part thereof, s hall be a s s e s s ed on polls and e s tates, in the manner that has hitherto been practi s ed; in order that s uch a s s e s s ments may be made with equality, there shall be a valuation of e s tates within the Commonwealth taken anew once in every ten years at the lea s t, and as much oftener as the General Court s hall order.
Section II
Senate.
Section I: T here s hall be annually elected by the freeholders and other inhabitants of this Commonwealth, qualified as in this Con s titution is provided, forty per s ons to be Coun s ellors and Senators for the year en s uing their election; to be cho s en by the inhabitants of the di s tricts, into which the Commonwealth may from time to time be divided by the General Court for that purpo s e: And the General Court, in a s s igning the numbers to be elected by the re s pective di s tricts, s hall govern them s elves by the proportion of the public taxes paid by the s aid di s tricts; and timely make known to the inhabitants of the Commonwealth, the limits of each di s trict, and the number of Coun s ellors and Senators to be cho s en therein; provided that the number of s uch di s tricts s hall be never le s s than thirteen; and that no district be s o large as to entitle the fame to choo s e more than fix Senators.
And the feveral counties in this Commonwealth s hall, until the General Court s hall determine it nece s s ary to alter the s aid di s tricts, be di s tricts for the choice of Counsellors and Senators, (except that the counties of Duke’s County and Nantucket s hall form one district for that purpoſe) and shall elect the following number for Counsellors and Senators, viz. Suffolk E s s ex Middle s ex Hamp s hire Plymouth Barn s table Bri s tol Six Six Five Four Three One Three York Duke’s County and Nantucket Worce s ter Cumberland Lincoln Berk s hire Two One Five One One Two II. The Senate s hall be the fir s t branch of the legi s lature; and the Senators s hall be cho s en in the following manner, viz. There s hall be a meeting on the fir s t Monday in April annually, forever, of the inhabitants of each town in the s everal counties of this Commonwealth; to be called by the Selectmen, and warned in due cour s e of law, at lea s t s even days before the s ir s t Monday in April, for the purpo s e of electing per s ons to be Senators and Coun s ellors: And at s uch meetings every male inhabitant of twenty-one years of age and upwards, having a freehold e s tate within the Commonwealth, of the annual income of three pounds, or any e s tate of the value of s ixty pounds, s hall have a right to give in his vote for the Senators for the di s trict of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant" in this con s titution, every per s on s hall be con s idered as an inhabitant, for the purpo s e of electing and being elected into any office, or place within this State, in that town, di s trict or plantation, where he dwelleth, or hath his home. The Selectmen of the s everal towns s hall pre s ide at s uch meetings impartially; and s hall receive the votes of all the inhabitants of s uch towns pre s ent and qualified to vote for Senators, and s hall s ort and count them in open town meeting, and in pre s ence of the Town Clerk, who s hall make a fair record, in pre s ence of the Selectmen, and in open town-meeting, of the name of every per s on voted for, and of the number of votes again s t his name; and a fair copy of this record s hall be atte s ted by the Selectmen and the Town-Clerk, and s hall be s ealed up, directed to the Secretary of the Commonwealth for the time being, with a s uper s cription, expre s s ing the purport of the contents thereof, and delivered by the Town-Clerk of s uch towns, to the Sheriff of the county in which s uch town lies, thirty days at least before the la s t Wednesday in May annually; or it s hall be delivered into the Secretary’s office s eventeen days at lea s t before the s aid la s t Wednesday in May; and the Sheriff of each county s hall deliver all s uch certificates by him received into the Secretary’s office s eventeen days before the s aid la s t Wedne s day in May. And the inhabitants of plantations unincorporated, qualified as this Con s titution provides, who are or s hall be empowered and required to a s s e s s taxes upon them s elves toward the s upport of government, s hall have the s ame privilege of voting for Coun s ellors and Senators in the plantations where they re s ide,as town inhabitants have in their re s pective towns; and the plantation-meetings for that purpo s e s hall be held annually on the s ame first Monday in April, at s uch place in the plantations re s pectively, as the A s s e s s ers thereof shall direct which A s s e s s ors s hall have like authority for notifying the electors, collecting and returning the votes, as the Selectmen and Town-Clerks have in their s everal towns, by this Con s titution. And all other per s ons living in places unincorporated (qualified as afore s aid) who shall be a s s e s s ed to the s upport of government by the A s s e s s ors of an adjacent town, s hall have the privilege of giving in their votes for Coun s ellors and Senators, in the town where they s hall be a s s e s s ed, and be notified of the place of meeting by the Selectmen of the town where they s hall be a s s e s s ed, for that purpo s e accordingly. III. And that there may be a due convention of Senators on the la s t Wedne s day in May annually, the Governor, with five of the Council, for the time being, s hall, as s oon as may be, examine the returned copies of s uch records; and fourteen days before the s aid day he s hall i s s ue his s ummons to s uch per s ons as s hall appear to be cho s en by a majority of voters, to attend on that day, and take their s eats accordingly: Provided neverthele s s, that for the first year the s aid returned copies shall be examined by the Pre s ident and five of the Council of the former Con s titution of Government; and the s aid Pre s ident s hall, in like manner, i s s ue his s ummons to the per s ons s o elected, that they may take their feats as afore s aid. IV. The Senate s hall be the final judge of the elections, returns and qualifications of their own members, as pointed out in the Con s titution; and s hall, on the s aid la s t Wedne s day in May annually, determine and declare who are elected by each di s trict, to be Senators by a majority of votes: And in ca s e there s hall not appear to be the full number of Senators returned elected by a majority of votes for any di s trict, the deficiency s hall be s upplied in the following manner, viz. The members of the Hou s e of Repre s entatives, and s uch Senators as s hell be declared elected, s hall take the names of s uch per s ons as s hall be found to have the highest number of votes in s uch di s trict, and not elected, amounting to twice the number of Senators wanting, if there be s o many voted for; and out of the s e, s hall elect by ballot a number of Senators fu s s icient to fill up the vacancies in s uch di s trict: And in this manner all s uch vacancies s hall be filled up in every di s trict of the Commonwealth; and in like manner all vacancies in the Senate, ari s ing by death, removal out of the State, or otherwi s e, s hall be s upplied as foon s as may be, after s uch vacancies s hall happen. V. Provided nevertheless, that no per s on s hall be capable of being elected as a Senator, who is not s eized in his own right of a freehold within this Commonwealth, of the value of three hundred pounds at lea s t, or po s s e s s ed of per s onal e s tate to the value of fix hundred pounds at lea s t, or of both to the amount of the s ame s um, and who has not been an inhabitant of this Commonwealth for the space of five years immediately preceeding his election, and at the time of his election, he shall be an inhabitant in the di s trict, for which he s hall be cho s en. VI. The Senate s hall have power to adjourn them s elves, provided s uch adjournments do not exceed two days at a time. VII. The Senate s hall choo s e its own Pre s ident, appoint its own officers,and determine its own rules of proceedings. VIII. The Senate s hall be a court with full authority to hear and determine all impeachments made by the Hou s e of Repre s entatives, again s t any officer or officers of the Commonwealth, for mi s conduct and mal-adminiftration in their offices. But previous to the trial of every impeachment, the members of the Senate s hall re s pectively be s worn, truly and impartially to try and determine the charge in que s tion, according to evidence. Their judgment, however, s hall not extend further than to removal from office, and di s qualification to hold or enjoy any place of honour, tru s t, or profit, under this Commonwealth But the party s o convicted, s hall be nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land. IX. Not less than s ixteen members of the Senate s hall con s titute a quorum for doing business.
Section III
Hou s e of Repre s entatives. Art.I. T here s hall be in the Legi s lature of this Commonwealth, a repre s entation of the people, annually elected, and founded upon the principle of equality. II. And in order to provide for a repre s entation of the citizens of this Commonwealth, founded upon the principle of equality, every corporate town containing one hundred and fifty rateable polls, may elect one Repre s entative: Every corporate town, containing three hundred and s eventy-five rateable polls, may elect two Repre s entatives: Every corporate town, containing s ix hundred rateable polls, may elect three Repre s entatives; and proceeding in that manner, making two hundred and twenty-five rateable polls the mean increa s ing number for every additional Repre s entative. Provided nevertheless, that each town now incorporated, not having one hundred and fifty rateable polls, may elect one repre s entative: but no place s hall hereafter be incorporated with the privilege of electing a Repre s entative, unless there are within the fame one hundred and fifty rateable polls. And the House of Repre s entatives s hall have power from time to time to impo s e fines upon s uch towns as s hall, neglect to choo s e and return members to the s ame, agreeably to this Con s tition. The expences of travelling, to the Geneval A s s embly, and returning home, once in every s e s s ion, and no more, s hall be paid by the government, out of the public trea s ury, to every member who s hall attend as s ea s onably as he can, in the judgment of the Hou s e and does hot depart without leave. III Every member of the Hou s e of Repre s entatives cho s en by written votes; and for one year at lea s t next preceding his election, s hall have been an inhabitant of, and have been s eized in his own right of a freehold of the value of one hundred pounds within the town he shall be cho s en to repre s ent, or any rateable e s tate to the value of two hundred pounds; and he shall cea s e to repre s ent the s aid town immediately on his cea s ing to be qualified as afore s aid. IV. Every male per s on, being twenty-one years of age, and resident in any particular town in this Commonwealth for the space of one year next preceeding, having a freehold e s tate within the s ame town, of the annual income of three pounds, or any e s tate of the value of s ixty pounds, s hall have a right to vote in the choice of a Repre s entative or Repre s entatives for the s aid town. V. The members of the Hou s e of Repre s entatives s hall be cho s en annually in the month of May, ten days at lea s t before the la s t Wednesday of that month. VI. The Hou s e of Repre s entatives s hall be the Grand Inque s t of this Commonwealth; and all impeachments made by them, s hall be heard and tried by the Senate. VII. All money-bills s hall originate in the Hou s e of Repre s entatives; but the Senate may propoſe or concur with amendments, as on other Bills. VIII. The Hou s e of Repre s entatives shall have power to adjourn them s elves; provided s uch adjournment s hall not exceed two days at a time. IX. Not le s s than s ixty members of the Hou s e of Repre s entatives, s hall con s titute a quorum for doing bu s ine s s. X. The Hou s e of Repre s entatives s hall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the con s titution; s hall chu s e their own Speaker; appoint their own officers, and s ettle the rules and orders of proceeding in their own hou s e: They s hall have authority to punish by impri s onment, every per s on, not a member, who shall be guilty of di s re s pect to the Hou s e, by any di s orderly, or contemptuous behaviour, in its pre s ence; or who, in the town where the General Court is s itting, and during the time of its s itting, s hall threaten harm to the body or e s tate of any of its members, for any thing s aid or done in the Hou s e; or who s hall a s s ault any of them therefor; or who s hall a s s ault, or arre s t, any witne s s, or other per s on, ordered to attend the Hou s e, in his way in going, or returning; or who s hall rescue any per s on arre s ted by the order of the Hou s e. And no member of the Hou s e of Repre s entatives s hall be arre s ted, or held to bail on mean proce s s, during his going unto, returning from, or his attending, the General A s s s embly. XI. The Senate s hall have the fame powers in the like ca s es; and the Governor and Council s hall have the fame authority to puni s h in like ca s es. Provided that no imprisonment on the warrant or order of the Governor, Council, Senate, or Hou s e of Repre s entatives, for either of the above-de s cribed offences, be for a term exceeding thirty days. And the Senate and Hou s e of Repre s entatives may try, and determine, all ca s es where their rights and privileges are concerned, and which, by the Con s titution, they have authority to try and determine, by committees of their own members, or in s uch other way as they may re s pectively think be s t. Chapter II . Executive Power. Governor .
Section I: T here s hall be a s upreme executive Magi s trate, who s hall be s tiled, The Governor of the Commonwealth of Massachusetts ; and who s e title s hall
be— His Excellency . II. The Governor shall be cho s en annually: And no per s on s hall be eligible to this office, unle s s at the time of his election, he shall have been an inhabitant of this Commonwealth for s even years next preceeding; and unless he s hall, at the s ame time, be s eized in his own right, of a freehold within the Commonwealth, of the value of one thou s and pounds; and unless he s hall declare him s elf to be of the chri s tian religion. III. Those per s ons who s hall be qualified to vote for Senators and Repre s entatives within the s everal towns of this Commonwealth, s hall, at a meeting to be called for that purpose, on the first Monday of April annually, give in their votes for a Governor, to the Selectmen, who shall pre s ide at s uch meetings; and the Town-Clerk, in the pre s ence and with the a s s i s tance of the Selectmen, shall, in open town-meeting, s ort and count the votes, and form a li s t of the per s ons voted for, with the number of votes for each per s on again his name; and s hall make a fair record of the s ame in the town books, and a public declaration thereof in the s aid meeting; and s hall, in the pre s ence of the inhabitants, s eal up copies of the s aid li s t, atte s led by him and the Selectmen, and tran s mit the s ame, to the Sheriff of the county, thirty days at lea s t before the la s t Wedne s day in May; and the Sheriff s hall tran s mit the s ame to the Secretary’s office s eventeen days at lea s t before the s aid la s t Wedne s day in May; or the Selectmen may cau s e returns of the s ame to be made to the office of the Secretary of the Commonwealth s eventeen days at lea s t before the s aid day; and the Secretary s hall s ay the s ame before the Senate and the Hou s e of Repre s entatives, on the la s t Wednesday in May, to be by them examined: And in ca s e of an election by a majority of all the votes returned, the choice shall be by them declared and published: But if no per s on s hall have a majority of votes, the Hou s e of Repre s entatives s hall, by ballot, elect two out of four per s ons who had the highe s t numbers of votes, if s o many s hall have been voted for; but, if otherwi s e, out of the number voted for; and make return to the Senate of the two per s ons s o elected; on which, the Senate s hall proceed, by ballot, to elect one, who s hall be declared Governor. IV. The Governor s hall have authority, from time to time, at his di s cretion, to a s s emble and call together the Coun s ellors of this Commonwealth for the time being; and the Governor, with the s aid Coun s ellors, or five of them at lea s t, s hall, and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the Commonwealth, agreeably to the Con s titution and the laws of the land. V. The Governor, with advice of Council, s hall have full power and authority, during the s e s s ion of the General Court, to adjourn or prorogue the s ame to any time the two Hou s es s hall de s ire; and to di s s olve the s ame on the day next preceeding the la s t Wednesday in May; and, in the rece s s of the s aid court, to prorogue the s ame from time to time, not exceeding ninety days in any one rece s s; and to call it together s ooner than the time to which it may be adjourned or prorogued, if the welfare of the Commonwealth s hall require the s ame: And in ca s e of any infectious di s temper prevailing in the place where the s aid court is next at any time to convene, or any other cau s e happening whereby danger may ari s e to the health or lives of the members from their attendance, he may direct the s e s s ion to be held at s ome other the mo s t convenient place within the State. And the Governor s hall di s s olve the s aid General Court on the day next preceeding the la s t Wedne s day in May. VI. In ca s es of di s agreement between the two Hou s es, Hou s es, with regard to the nece s s ity, expediency or time of adjournment, or prorogation, the Governor, with advice of the Council, s hall have a right to adjourn or prorogue the General Court, not exceeding ninety days, as he s hall determine the public good s hall require. VII. The Governor of this Commonwealth for the time being, s hall be the commander in chief of the army and navy, and of all the military forces of the State, by s ea and land; and s hall have full power by him s elf, or by any commander, or other officer or officers, from time to time, to train, in s ruct, exerci s e and govern the militia and navy; and, for the special defence and s afety of the Commonwealth, to a s s emble in martial array, and put in warlike po s ture, the inhabitants thereof, and to lead and conduct them, and with them, to encounter, repel, re s i s t, expel and pur s ue, by force of arms, as well by s ea as by land, within or without the limits of this Commonwealth, and al s o to kill, s lay and de s troy, if nece s s ary, and conquer, by all fitting ways, enterprizes and means what s oever, all and every s uch per s on and per s ons as s hall, at any time hereafter, in a ho s tile manner attempt or enterprize the de s truction, inva s ion, detriment, or annoyance of this Commonwealth; and to use and exerci s e, over the army and navy, and over the militia in actual s ervice, the law-martial, in time of war or inva s ion, and al s o in time of rebellion, declared by the legi s lature to exi s t, as occa s ion s hall nece s s arily require; and to take and s urprize by all ways and means what s oever, all and every s uch per s on or per s ons, with their s hips, arms, ammunition and other goods, as s hall, in a ho s tile manner, invade, or attempt the invading, conquering, or annoying this Commonwealth; and that the Governor be intru s ted with all the s e and other powers, incident to the offices of Captain-General and Commander in Chief and Admiral, to be exerci s ed agreeably to the rules and regulations of the Con s titution, and the laws of the land, and not otherwi s e. Provided , that the s aid Governor s hall not, at any time hereafter, by virtue of any power by this Con s titution granted, or hereafter to be granted to him by the legi s lature, tran s port any of the inhabitants of this Commonwealth, or oblige them to march out of the limits of the s ame, without their free and voluntary con s ent, or the con s ent of the General Court; except s o far as may be nece s s ary to march or transport them by land or water, for the defence of s uch part of the State, to which they cannot otherwi s e conveniently have acce s s. VIII. The power of pardoning offences, except s uch as per s ons may be convicted of before the Senate by an impeachment of the Hou s e, s hall 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, s hall avail the party pleading the fame, notwithstanding any general or particular expre s s ions contained therein, de s criptive of the offence, or offences intended to be pardoned. IX. All judicial officers, the Attorney-General, the Solicitor-General, all Sheriffs, Coroners, and, Regi s ters of Probate, s hall be nominated and appointed by the Governor, by and with the advice and con s ent of the Council; and every s uch nomination s hall be made by the Governor, and made s even days prior to s uch appointment. X. The Captains and s ubalterns of the militia, s hall be elected by the written votes of the train-band and alarm lift of their re s pective companies, of twenty-one years of age and upwards: The field-officers of regiments, s hall be elected by the written votes of the Captains and s ubalterns of their re s pective regiments: The Brigadiers s hall be elected in like manner, by the field-officers of their re s pective brigades: And s uch officers, s o elected, halt be commi s s ioned by the Governor, who shall determine their rank. The Legi s lature s hall, by s tanding laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the Governor the officers elected. The Major-Generals s hall be appointed by the Senate and House of Repre s entatives, each having a negative upon the other; and be commi s s ioned by the Governor. And if the electors of Brigadiers, field-officers, Captains or s ubalterns, s hall neglect or refuse to make s uch elections, after being duly notified, according to the laws for the time being, then the Governor, with advice of Council, s hall appoint s uitable per s ons to fill s uch offices. And no officer, duly commi s s ioned to command in the militia, s hall be removed from his office, but by the address of both hou s es to the Governor, of by fair trial in court martial, pursuant to the laws of the Commonwealth for the time being. The commanding officers of regiments s hall appoint their Adjutants and Quarter-ma s ters; the Brigadiers their Brigade-Majors; and the Major-Generals their Aids; and the Governor s hall appoint the Adjutant-General. The Governor, with advice of Council, s hall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this Commonwealth s hall appoint,—as al s o fill officers of forts and garri s ons. The divi s ions of the militia into brigades regiments and companies, made in pur s uance of the militia laws now in force, s hall be con s idered as the proper divi s ions of the militia of this Commonwealth, until the fame s hall be altered in pur s uance of s ome future law. XI. No monies s hall be i s s ued out of the trea s ury of this Commonwealth, and di s po s ed of (except s uch s ums as may be appropriated for the redemption of bills of credit or Trea s urer’s notes, or for the payment of intere s t ari s ing thereon) but by warrant under the hand of the Governor for the time being, with the advice and con s ent of the Council, for the nece s s ary defence and s upport of the Commonwealth; and for the protection and pre s ervation of the inhabitants thereof, agreeably to the acts and re s olves of the General Court. XII. All public boards, the Commi s s ary-General, all s uperintending officers of public magazines and s tores, belonging to this Commonwealth, and all commanding officers of forts and garri s ons within the fame, s hall once in every three months officially and without requi s ition, and at other times, when required by the Governor, deliver to him an account of all goods, s tores, provisions, ammunition, cannon with their appendages, and s mall arms with their accoutrements, and of all other public property whatever under their care re s pectively; di s tinguishing the quantity, number, quality and kind of each, as particularly as may be together with the condition of s uch s orts and garrisons: And the s aid commanding officer s hall exhibit to the Governor, when required by him, true and exact plans of s uch s orts, and of the land and s ea or harbour or harbours adjacent. And the s aid boards; and all public officers, s hall communicate to the Governor, as s oon as may be after receiving the s ame, all letters, dispatches, and intelligences of a public nature, which shall be directed to them re s pectively. XIII. As the public good requires that the Governor s hould not be under the undue influence of any of the members of the General Court, by a dependance on them for his s upport—that he should in all ca s es, act with freedom for the benefit of the public—that he s hould not have his attention nece s s arily diverted from that object to his private concerns & that he s hould maintain the dignity of the Commonwealth in the character of its chief magi s trate it is nece s s ary that he should have an honorable s tated s alary, of a fixed & permanent value, amply s ufficient for tho s e purpo s es, & e s tablished by s tanding: laws And it s hall be among the fir s t acts of the General Court, after the commencement of this Con s titution, to establish s uch s alary by law accordingly. Permanent and honorable s alaries s hall also be e s tablished by law for the Ju s tices of the s upreme judicial court. And if it s hall be found, that any of the s alaries afore s aid, s o e s tablished, are in s ufficient, they s hall, from time to time, be enlarged as the General Court s hall judge proper. Chapter II. Lieutenant-Governor.
Section I: T here s hall be annually elected a Lieutenant-Governor of the Commonwealth of Ma s s achu s etts, who s e title s hall be His Honor —and who s hall be qualified, in point of religion, property, and re s idence in the Commonwealth, in the s ame manner with the Governor: And the day and manner of his election, and the qualifications of the electors, s hall be the s ame as are required in the election of a Governor. The return of the votes for this officer, and the declaration of his election, s hall be in the s ame manner: And if no one per s on s hall be found to have a majority of all the votes returned, the vacancy s hall be filled by the Senate and Hou s e of Repre s entatives, in the s ame manner as the Governor is to be elected, in ca s e no one per s on s hall have a majority of the votes of the people to be Governor.
II. The Governor, and in his ab s ence the Lieutenant-Governor, s hall be Pre s ident of the Council, but s hall have no vote in Council: And the Lientenant-Governor s hall always be a member of the Council, except when the chair of the Governor s hall be vacant. III. Whenever the chair of the Governor s hall be vacant, by rea s on of his death, or ab s ence from the Commonwealth, or otherwi s e, the Lieutenant-Governor, for the time being, s hall, during s uch vacancy, perform all the duties incumbent upon the Governor, and s hall have and exerci s e all the powers and authorities, which by this Con s titution the Governor is vested with, when per s onally pre s ent.
Section I: T here s hall be a Council for advi s ing the Governor in the executive part of government, to con s i s t of nine per s ons be s ides the Lieutenant-Governor, whom the Governor, for the time being, s hall have full power and authority, from time to time, at his di s cretion, to a s s emble and call together. And the Governor, with the s aid Coun s ellors, or five of them at lea s t, s hall 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.
I. Nine Coen s ellors s hall be annually cho s en from among the per s ons returned for Coun s ellors and Senators, on the la s t Wedne s day in May, by the joint ballot of the Senators and Repre s entatives a s s embled in one room: And in cafe there s hall not be found upon the fir s t choice, the whole number of nine per s ons who will accept a s eat in the Council, the deficiency s hall be made up by the electors afore s aid from among the people at large; and the number of Senators left s hall con s titute the Senate for the year. The feats of the per s ons thus elected from the Senate, and accepting the tru s t, s hall be vacated in the Senate. III. The Coun s ellors, in the civil arrangements of the Commonwealth, s hall have rank next after the Lieutenant-Governor, IV. Not more than two Coun s ellors s hall be cho s en out of any one di s trict of this Commonwealth. V. The re s olutions and advice of the Council s hall be recorded in a regi s ter, and s igned by the members pre s ent; and this record may be called for at any time by either Hou s e of the legi s lature; and any member of the Council may in s ert his opinion contrary to the re s olution of the majority. VI. Whenever the office of the Governor and Lieutenant Governor s hall be vacant, by rea s on of death, ab s ence, or otherwi s e, then the Council or the major part of them, s hall, during s uch vacancy, have full power and authority, to do, and execute, all and every s uch acts, matters and things, as the Governor or the Lieutenant-Governor might or could, by virtue of this Con s titution, do or execute, if they, or either of them, were per s onally pre s ent. VII. And whereas the elections appointed to be made by this Con s titution, on the la s t Wednesday in May annually, by the two Hou s es of the legi s lature, may not be compleated on that day, the s aid elections may be adjourned from day to day until the fame s hall be compleated. And the order of elections s hall be as follows; the vacancies in the Senate, if any, s hall fir s t be filled up; the Governor and Lieutenant-Governor s hall then be elected, provided there should be no choice of them by the people: And afterwards the two Hou s es s hall proceed to the election of the Council,
Section IV
Secretary, Trea s urer, Commi s s ary, &c.
Section I: T he Secretary, Trea s urer and Receiver-General, and the Commi s s ary-General, Notaries-Public, and Naval-Officers, s hall be cho s en annually, by joint ballot of the Senators and Repre s entatives in one room. And that the citizens of this Commonwealth may be a s s ured, from time to time, that the monies remaining in the public Trea s ury, upon the s ettlement and liquidation of the public accounts, are their property, no man s hall be eligible as Trea s urer and Receiver-General more than five years s ucce s s ively.
II. The records of the Commonwealth s hall be kept in the office of the Secretary, who may appoint his Deputies, for who s e conduct he shall be accountable, and he s hall attend the Governor and Council, the Senate and Hou s e of Repre s entatives, in per s on, or by his deputies, as they s hall re s pectively require Chapter III. Judiciary Power.
Section I: T he tenure, that all commi s s ion officers s hall by law have in their offices, s hall be expre s s ed in their respective commi s s ions. All judicial officers, duely appointed, commi s s ioned and s worn, hall hold their offices during good behavior, excepting s uch concerning whom there is different provi s ion made in this Con s titution: Provided neverthele s s, the Governor, with con s ent of the Council, may remove them upon the addre s s of both Hou s es of the Legi s lature.
II. Each branch of the Legi s lature, as well the Governor and Council, s hall have authority to require the opinions of the Ju s tices of the s upreme judicial court, upon important que s tions of law, and upon s olemn occa s ions. III. In order that the people may not s uffer from the long continuance in place of any Ju s tice of the Peace, who s hall fail of di s charging the important duties of his office with ability or fidelity, all commi s s ions of Ju s tices of the Peace s hall expire and become void, in the term of s even years from their respective dates, and upon the expiration of any commi s s ion, the s ame may, if nece s s ary, be renewed, or another per s on appointed, as s hall mo s t conduce to the well-being of the Commonweatlh. IV. The Judges of Probate of Wills, and for granting letters of admini s tration, s hall hold their courts at s uch place or places, on fixed days, as the convenience of the people s hall require. And the Legi s lature s hall, from time to time, hereafter appoint s uch times and places; until which appointiments, the s aid courts s hall be holden at the times and places which the respective Judges shall direct. V. All cau s es of marriage divorce and alimony, and all appeals from the Judges of Probate s hall be heard and determined by the Governor and Council until the Legi s lature s hall, by law, make other provi s ion. Chapter IV. Delegates, to Congre s s. T he delegates of this Commonwealth to the Congress of the United States, s hall, s ometime in the month of June annually, be elected by the joint ballot of the Senate and Hou s e of Repre s entatives, a s embled together in one room; to s erve in Congre s s for one year, to commence on the fir s t Monday in November then next en s uing. They s hall have commi s s ions under the hand of the Governor, and the great s eal of the Commonwealth; but may be recalled at any time within the year, and others cho s en and commi s s ioned, in the s ame manner, in their s tead. Chapter V.
Section I: ,
The Univer s ity.
Section I: W hereas our wi s e and pious ance s tors, s o early as the year one thou s and s ix hundred and thirty- s ix, laid the foundation of Harvard-College, in which univer s ity many per s ons of great eminence have, by the ble s s ing of God , been initiated in tho s e arts and s ciences, which qualified them for public employments, both in Church and State: And whereas the encouragement of arts and s ciences, and all good literature, tends to the honor of God , the advantage of the chri s tian 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 s ucce s s ors in that capacity, their officers and s ervants, s hall have, hold, u s e, exerci s e and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchi s es, which they now have, or are entitled to have, hold, u s e, exerci s e and enjoy: And the fame are hereby ratified and confirmed unto them, the s aid Pre s ident and Fellows of Harvard-College, and to their s ucce s s ors, and to their officers and s ervants, re s pectively, forever.
II. And whereas there have been at s undry times, by divers per s ons, gifts, grants, devi s es of hou s es, lands, tenements, goods, chattles, legacies and conveyances, heretofore made, either to Harvard-College in Cambridge, in New-England, or to the Pre s ident and Fellows of Harvard-College, or to the s aid College, by s ome other de s cription, under s everal charters s ucce s s ively: it is declared , That all the s aid gifts, grants, devi s es, legacies and conveyances, are hereby forever confirmed unto the Pre s ident and Fellows of Harvard- College, and to their s ucce s s ors, in the capacity afore s aid, according to the true intent and meaning of the donor or donors, grantor or grantors, devi s or or devi s ors. III. And whereas by an act of the General Court of the Colony of Ma s s achusetts-Bay, pa s s ed in the year one thou s and s ix hundred and forty-two, the Governor and Deputy-Governor, for the time being, and all the magi s trates of that juri s diction, were, with the Pre s ident, and a number of the clergy in the s aid act de s cribed, con s tituted the Over s eers of Harvard-College: And it being nece s s ary, in this new Con s titution of Government, to a s certain who shall be deemed s ucce s s ors to the s aid Governor, Deputy-Governor and Magi s trates: it is declared , That the Governor, Lieutenant-Governor, Council and Senate of this Commonwealth, are, and s hall be deemed, their s ucce s s ors; who, with the Pre s ident of Harvard-College, for the time being, together with the mini s ters of the congregational churches in the towns of Cambridge, Watertown, Charle s town, Bo s ton, Roxbury, and Dorche s ter, mentioned in the s aid act, s hall be, and hereby are, ve s ted with all the powers and authority belonging, or in any way appertaining to the Over s eers of Harvard-College; provided , that nothing herein s hall be con s trued to prevent the Legi s lature of this Commonwealth from making s uch alterations in the government of the s aid university, as shall be conducive to its advantage, and the intere s t of the republic of letters, in as full a manner as might have been done by the Legi s lature of the late Province of the Ma s achu s s etts-Bay. The Encouragement of Literature, &c. W isdom , and knowledge, as well as virtue, diffu s ed generally among the body of the people, being nece s s ary for the pre s ervation of their rights and liberties; and as the s e depend on s preading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it s hall be the duty of legi s lators and magi s trates, in all future periods of this Commonwealth, to cheri s h the interests of literature and the s ciences, and all s eminaries of them; e s pecially the univer s ity at Cambridge, public s chools, and grammar s chools in the towns; to encourage private s ocieties and public in s titutions rewards and immunities, for the promotion of agriculture, arts, s ciences, commerce, trades, manufactures, and a natural hi s tory of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, indu s try and frugality, hone s ty and punctuality in their dealings; s incerity, good humour, and all s ocial affections, and generous s entiments among the people. Chapter VI.
Section I: A ny per s on cho s en Governor, Lieutenant-Governor, Coun s ellor, Senator, or Repre s entative, and accepting the tru s t, s hall, before he proceed to execute the duties of his place or office, make and s ubfcribe the following declaration, viz.—
“I, A. B. do declare, that I believe the chri s tian religion, and have a firm per s ua s ion of its truth and that I am s eized and po s s e s s ed, in my own right, of the property required by the Con s titution as one qualification for the office or place to which I am elected.” And the Governor, Lieutenant-Governor, and Coun s ellors, s hall make and s ub s cribe the s aid declaration, in the pre s ence of the two Hou s es of A s s embly; and the Senators and Repre s entatives first elected under this Con s titution, before the Pre s ident and five of the Council of the former Con s titution, and forever afterwards before the Governor and Council for the time being. And every per s on cho s en to either of the places or offices afore s aid, as al s o any per s on appointed or commi s s ioned to any judicial, executive, military, or other office under the government, s hall, before he enters on the di s charge of the bu s ine s s of his place or office, take and s ub s cribe the following declaration, and oaths or affirmations, viz.— “I, A. B. do truly and s incerely acknowledge, profe s s, te s tify and declare, that the Commonwealth of Ma s s achu s etts is, and of right ought to be, a free, s overeign and independent State; and I do s wear, that I will bear true faith and allegiance to the s aid Commonwealth, and that I will defend the s ame against traiterous con s piracies and all ho s tile attempts what s oever: And that I do renounce and abjure all allegiance, s ubjection and obedience to the King, Queen or Government of Great-Britain, (as the ca s e may be) and every other foreign power what s oever: And that no foreign Prince, Per s on, Prelate, State or Potentate, hath, or ought to have, any juri s diction, s uperiority, pre-eminence, authority, di s penfing or other power, in any matter, civil eccle s ia s tical or s piritual, within this Commonwealth; except the authority and power which is es may be ve s ted by their Con s tituents in the Congreſs of the United States: And I do further te s tify and declare, that no man or body of men hath or can have any right to ab s olve or di s charge me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profe s s ion, te s timony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental eva s ion, or s ecret re s ervation what s oever. So help me God .” “I, A. B. do s olemnly s wear and affirm, that I will faithfully and impartially di s charge and perform all the duties incumbent on me as according to the bef s t of my abilities and under s tanding, agreeably to the rules and regulations of the Con s titution, and the laws of this Commonwealth.” “So help me GOD.” Provided always, that when any per s on cho s en or appointed as afore s aid, s hall be of the denomination of the people called Quakers, and s hall decline taking the s aid oaths, he s hall make his affirmation in the foregoing form, and s ub s cribe the s ame, omitting the words “ I do swear ,” “ and a jure ,” “ oath or ,” “ and abjuration ,” in the fir s t oath; and in the s econd oath, the words “ s wear and ;” and in each of them the words “ So help me God ;” s ubjoining in s tead thereof, “ This I do under the pains and penalties of perjury .” And the s aid oaths or affirmations s hall be taken and s ub s cribed by the Governor, Lieutenant-Governor, and Coun s ellors, before the Pre s ident of the Senate, in the pre s ence of the two Hou s es of A s s embly; and by the Senators and Repre s entatives first elected under this Con s titution, before the Pre s ident and five of the Council of the former Con s titution; and forever afterwards before the Governor and Council for the time being: And by the re s idue of the officers afore s aid, before s uch per s ons and in s uch manner as from time to time s hall be pre s cribed by the Legi s lature. II. No Governor, Lieutenant-Governor, or Judge of the s upreme judicial court, s hall hold any other office or place, under the authority of this Commonwealth, except s uch as by this Con s titution they are admitted to hold, s aving that the Judges of the s aid court may hold the offices of Justices of the Peace through the State; nor shall they held any other place or office, or receive any pen s ion or s alary from any other State or Goverment or Power whatever. No per s on s hall be capable of holding or exerci s ing at the fame time, more than one of the following offices within this State, viz.—Judge of Probate—Sheriff—Regi s ter of Probate—or Regi s ter of Deeds and never more than any two offices which are to be held by appointment of the Governor, or the Governor and Council, or the Senate, or the House of Repre s entatives, or by the election of the people of the State at large, or of the people of any county, military offices and the offices of Ju s tices of the Peace excepted, s hall be held by one per s on. No per s on holding the office of Judge of the s upreme judicial court—Secretary—Attorney—General Sollicitor-General—Trea s urer or Receiver-General—Judge of Probate—Commi s s ary-General—Pre s ident, Profe s s or, or In s tructor of Harvard-College—Sheriff—Clerk of the Hou s e of Repre s entatives—Regi s ter of Probate—Regi s ter of Deeds—Clerk of the Supreme Judicial Court—Clerk of the Inferior Court of Common Pleas—or Officer of the Cu s toms, including in this de s cription Naval-Officers— s hall at the s ame time have a feat in the Senate or Hou s e of Repre s entatives; but their being cho s en or appointed to, & accepting the s ame, s hall operate as a re s ignation of their s eat in the Senate or Hou s e of Repre s entatives; and the place s o vacated s hall be filled up. And the fame rule s hall take place in ca s e any Judge of the s aid Supreme Judicial Court, or Judge of Probate, s hall accept a s eat in Council; or any Coun s ellor s hall accept of either of tho s e offices of places. And no per s on s hall ever be admitted to hold a s eat in the Legi s lature, or any office of tru s t or importance under the government of this Commonwealth, who s hall, in the due cour s e of law, have been convicted of bribery or corruption in obtaining an election or appointment. III. In all ca s es where s ums of money are mentioned in this Con s titution, the value thereof s hall be computed in s ilver at s ix s hillings and eight pence per ounce: And it s hall be in the power of the Legi s lature from time to time to increa s e s uch qualifications, as to property, of the per s ons to be elected to offices, as the circumstances of the Commonwealth s hall require. IV. All commi s s ions s hall be in the name of the Commonwealth of Ma s s achu s etts, s igned by the Governor and atte s ted by the Secretary or his Deputy, and have the great s eal of the Commonwealth affixed thereto. V. All writs i s s uing out of the clerk’s office in any of the courts of law, s hall be in the name of the Commonwealth of Ma s acha s etts: They s hall be under the s eal of the court from whence they i s s ue: They s hall bear te s t of the fir s t Ju s tice of the court to which they s hall be returnable, who is not a party, and be s igned by the clerk of s uch court. VI. All the laws which have heretofore been adopted, u s ed and approved in the Province, Colony or State of Ma s s achu s etts-Bay, and u s ually practiced on in the courts of law, s hall s till remain and be in full force, until altered or repealed by the Legi s lature; s uch parts only excepted as are repugnant to the rights and liberties contained in this Con s titution. VII. The privilege and benefit of the writ of habeas corpus s hall be enjoyed in this Commonwealth in the mo s t free, ea s y, cheap, expeditious and ample manner; and s hall not be s u s pended by the Legi s lature, except upon the mo s t urgent and pre s s ing occa s ions, and for a limited time not exceeding twelve months. VIII. The enacting s tile, in making and pa s s ing all acts, ftatutes and laws, shall be—“Be it enacted by the Senate and Hou s e of Repre s entatives in General Court a s s embled, and by the authority of the s ame.” IX. To the end there may be no failure of Ju s tice or danger ari s e to the Commonwealth from a change of the Form of Government—all officers, civil and military, holding commi s s ions under the government people of Ma s s achu s etts-Bay in New England, and all other officers of the s aid government and people, at the time this Con s titution s all take effect, s hall have, hold, u s e, exerci s e and enjoy all the powers and authority to them granted or committed, until other per s ons s hall be appointed in their s tead: And all courts of law s hall proceed in the execution of the bu s ine s s of their re s pective departments; and all the executive and legislative: officers, bodies and powers s hall continue in full enjoyment and exerci s e of all their tru s ts, employments and authority; until the General Court and the s upreme and executive officers under this Con s titution are de s ignated and inve s ted with their re s pective tru s ts, powers and authority. X. In order the more effectually to adhere to the principles of the Con s titution, and to correct tho s e violations which by any means may he made therein, as well as to form s uch alterations as from be found nece s s ary—the General Court which s hall be in the year of our Lord one thou s and s even hundred, and ninety-five, s hall i s s ue precepts to the Selectmen of the s everal towns, and to the a s s e s s ors of the unincorporated plantations, directing them to convene the qualified voters of their re s pective towns and plantations, directing them to convene the qualified voters of their re s pective towns and plantations on the nece s s ity or expediency of revi s ing the Con s titution, in order to amendments. And if it s hall appear by the returns made, that two thirds of the qualified voters throughout the State, who s hall a s s emble and vote in con s equence of the s aid precepts, are in favour of s uch revision or amendment, the General Court s hall i s s ue precepts, or direct them to be i s s ued from the Secretary’s office to the s everal towns to elect delegates to meet in Convention for the purpo s e afore s aid. The s aid delegates to be cho s en in the s ame manner and proportion as their Repre s entatives in the s econd branch of the Legi s lature are by this Con s titution to be cho s en. XI. This form of government s hall be enrolled on parchment and depo s ited in the Secretary’s office, 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 s aid laws. James Bowdoin , Pre s ident . Atte s t. Samuel Barrett , Secretary . This work was published before January 1, 1931, and is in the public domain worldwide because the author died at least 100 years ago.
Source: Imported from all_50_state_constitutions_FINAL.md
Last Updated: June 28, 2026
Overview
The Massachusetts Constitution of 1780 serves as the fundamental law of the state, establishing the framework for government and protecting the rights of its citizens.
History
Massachusetts was admitted to the Union on February 6, 1788.
The current constitution was adopted in 1780. State constitutions are often amended more frequently than the federal Constitution, reflecting changing needs and values of state residents.
Structure of Government
Legislative
State Legislature
Executive
Governor & Cabinet
Judicial
State Courts
Bill of Rights
Like the U.S. Constitution, the Massachusetts Constitution includes protections for individual rights and liberties. State constitutions often provide broader protections than the federal Constitution, serving as a "floor" rather than a "ceiling" for rights.