Imágenes de páginas

peop.e of Massachusetts Bay in New England, and all other officers of 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 committed, 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 departments : and all the executive and legislative officers, bodies, and powers, shall continue in full force in the enjoyment and exercise of all their trusts, employment, and authority, until the general court, and the supreme and executive officers, under this constitution, are designated and invested with their respective trusts, powers, and authority.

10. In order the more effectually to adhere to the principles of the constitution, and 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 favour of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention, for the purpose aforesaid.

The said delegates to be chosen in the same manner and proportion, as their representatives in the second branch of the legislature are by this constitution to be chosen.

11. This form of government shall be enrolled on parchment, and deposited 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 said laws.

JAMES BOWDOIN, President. Attest, SAMUEL BARRET, Secretary.

AMENDMENTS. Proclamation of Governor Brooks, of Massachusetts, announcing to the

public the amendments lately made by the convention to the constitution of that state, and which, being ratified by the people, now form a part of the constitution of the said state. WAEREAS sundry resolutions passed the legislature on the fifth day of June, in the year of our Lord one thousand eight hundred and twentyone, in the words following, viz.

“Whereas, the convention of the delegates of the people, assembled at Boston on the third Wednesday of November, in the year of our Lord one thousand eight hundred and twenty, for the purpose of revising and amending the constitution of the commonwealth pursuant to an act of

the general court, passed on the sixteenth day of June, in the year afore said, submitted certain articles of amendment of the constitution to the people, for their ratification and adoption ; and whereas it appears by a certificate of the committee of the said convention, that the following ar ticles of amendment, so submitted, as aforesaid, have been ratified and adopted by the people, in the manner directed by the said convention and have thereby become a part of the constitution of this common wealth, to wit:

Article 1. If any bill or resolve shall be objected to, and not approved of 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 ap probation, and thereby prevent his returning it, with his objections, a provided by the constitution ; such bill or resolve shall not become a law nor have force as such.

Art. 2. The general court shall have full power and authority to erec or constitute municipal or city governments in any corporate town d towns, in this commonwealth, and to grant to the inhabitants thereo such powers, privileges, and immunities, not repugnant to the constitu tion, as the general court shall deem necessary or expedient, for th regulation and government thereof, and to prescribe the manner of callin and holding public meetings of the inhabitants in wards, or otherwise for the election of officers, under the constitution, and the manner d returning the votes given at such meetings : provided, that no such go vernment shall be erected or constituted in any town not containin twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present an voting thereon, pursuant to a vote at a meeting duly warned and holde for that purpose : and provided, also, that all by-laws, made by such my nicipal or city government, shall be subject, at all times, to be annulle by the general court.

Art. 3. Every male citizen of twenty-one years of age, and upward (excepting paupers and persons under guardianship,) who shall hay resided within the commonwealth one year, and within the town district, in which he may claim a right to vote, six calendar mont! next preceding any election of governor, lieutenant-governor, senator representatives, and who shall have paid, by himself or his parent, ma ter or guardian, any state or county tax, which shall, within two yea next preceding such election, have been assessed upon hiin, in any tow or district of this commonwealth ; and also every citizen, who shall 1 hy law exempt from taxation, and who shall be in all other resped qualified as above mentioned, shall have a right to vote in such electid of governor, and licutenant-governor, senators, and representatives; al no other person shall be entitled to a vote in such election.

Art. 4. Notaries public shall be appointed by the governor, in ti same manner as judicial officers are appointed, and shall hold the offices during seven years, unless sooner removed by the governor, wi the consent of the council, and upon the address of both houses of t iegislature.

In case the office of secretary or treasurer of the commonwealth sh; become vacant from any cause, during the recess of the general cou the governer, with the consent of the council, shall nominate a appoint, under such regulations as may be prescribed by law, a co

[ocr errors]

petent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.

Whenever the exigencies of the commonwealth shall require the appointment of a commissary-general, he shall be nominated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe,

All officers commissioned to command in the militia, may be removed from office in such manner as the legislature may, by law, prescribe.

Art. 5. In the election of captains and subalterns of the militia, all the members of their respective 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, prescribed by the constitution, the following vath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter upon the duties of his office, 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 affirmation in the foregoing form, omitting the word “swear,” and inserting, instead thereof, the word “affirm," and omitting the words “ so help n e God," and subjoining, instead thereof, the words “ this I do under the pains and penalties of perjury.”

Art. 7. No oath, declaration, or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenant-governor, counsellors, senators, or representatives, to qualify them to perform the duties of their respective offices.

Art. 3. No judge of any court of this commonwealth, (except the court of sessions,) and no person holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, 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-general, 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 office 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 officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office, under the government of this commonwealth, the office of the justice of the peace and militia officers excepted.

Art. 9. If, at any time hereafter, any specific and particular amendment or amendments to the constitution 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 représentatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nnys taken thereon, and referred to the general court then next to be chosen, and shall be puh. lished; and if in the general court then next chosen, as aforesaid, such

[ocr errors]

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 genera court to submit such proposed amendment or amendments to th people; and if they shall be approved and ratified by a majority of th qualified voters voting thereon, at meetings legally warned and holde for that purpose, they shall become part of the constitution of thi commonwealth.

Resolved, That the above recited articles of amendment, shall enrolled on parchment, and deposited in the secretary's office, as a pa of the constitution and fundamental laws of this commonwealth, an published in immediate connexion therewith, in all future editions o the laws of this commonwealth, printed by public authority. And i order that the said amendments may be promulgated and made know to the people of this commonwealth without delay, it is further

Resolved, That his excellency, the governor, be, and he hereby authorized and requested to issue his proclamation, reciting the article aforesaid ; announcing that the same have been duly adopted and ra tified by the people of this commonwealth, and become a part of th constitution thereof; and requiring all magistrates, officers, civil an military, and all the citizens of this commonwealth, to take notice thereo and govern themselves accordingly."

Now, therefore, I, John Brooks, governor of the commonwealth a Massachusetts, by virtue of the authority to me given by the resolutio last above written, do issue this my proclamation, and I do hereby ar nounce, that the several articles aforesaid have been duly ratified an adopted by the people of this commonwealth, and have become a pa of the constitution thereof. And all magistrates, officers, civil and mil tary, and all the citizens of the commonwealth, are required to tak notice thereof, and govern themselves accordingly. Given at the council chamber, in Boston, the day and year first aboy

written, and in the forty-fifth year of the independence of the Unit States.

JOHN BROOKS. By his Excellency the Governor,

ALDEN BRADFORD, Secretary. God save the commonwealth of Massachusetts !


The Constitution of New Hampshire, as altered and amended by

convention of delegates held at Concord, in said state, by adjour ment, on the second Wednesday of February, 1792.



Article 1. All men are born equally free and independent: Thei fore, all government, of right, originates from the people, is founded consent, and instituted for the general good.

2. All men have certain natural, essential, and inherent rightsamong which are, the enjoying and defending life and liberty, acquiring, possessing, and protecting property ; and, in a word, of seeking and obtaining bappiness.

3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protectior: of others; and without such an equivalent the surrender is void.

4. Among the natural rights, some are in their very nature unalier able, because no equivalent can be given or received for them. Of thi kind are the rights of conscience.

5. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason: and no person shall be hurt, molested, or restrained in his person, liberty, or estate, for worshipping God in the manner most agreeable to the dictates of his own conscience, or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship.

6. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the public worship of the Deity, and of public instruction in morality and religion; therefore, to promote these important purposes, the people of this state have a right to empower, and do hereby fully empower, the legislature, to authorize, from time to time, the several towns, parishes, bodies corporate, or religious societies, within this state, to make adequate provision, at their own expense, for the support and maintenance of public protestant teachers of piety, religion, and morality :

Provided, notwithstanding, That the several towns, parishes, bodies corporate, or religious societies, shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance: And no person, of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect, or denomination.

And every denomination of Christians, demeaning themselves quietly, and as good citizens of the state, shall be equally under the protection of the law : and no subordination of any one sect or denomination to another, shall ever be established by law.

And nothing herein shall be understood to affect any former contracts made for the support of the ministry ; but all such contracts shall remain, and be in the same state, as if this constitution had not been mnade.

7. The people of this state have the sole and exclusive right of governing themseives as a free, sovereign, and independent state ; and do, and for ever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled.

8. All power residing originally in, and being derived from the peo

« AnteriorContinuar »