The fudden and abrupt departure of his excellency John Wentworth, efq. our late governor, and several of the council, leaving us deftitute of legiflation; and no executive courts being open to punish criminal offenders, whereby the lives and properties of the honeft people of this colony are liable to the machinations and evil defigns of wicked men :

Therefore, for the prefervation of peace and good order, and for the fecurity of the lives and properties of the inhabitants of this colony, we conceive ourfelves reduced to the neceffity of eftablishing a Form of Government, to continue during the prefent unhappy and unnatural contest with Great-Britain; protesting and declaring, that we never fought to throw off our dependence upon Great-Britain, but felt ourselves happy under her protection, while we could enjoy our conftitutional rights and privilegesand that we shall rejoice, if fuch a reconciliation between us and our parent fate can be effected as fhall be approved by the Continental Congress, in whose prudence and wifdom we confide.

Accordingly, pursuant to the truft repofed in us, we do Resolve, that this congrefs affume the name, power, and authority of a Houfe of Reprefentatives or Affembly, for the colony of NewHampshire and that faid houfe then proceed to choose twelve perfons, being reputable freeholders, and inhabitants within this colony, in the following manner, viz. five in the county of Rockingham, two in the county of Strafford, two in the county of Hillsborough, two in the county of Cheshire, and one in the county of Grafton, to be a diftinct and feparate branch of the legislature, by the name of a council for this colony, to continue as fuch until the third Wednesday in December next; any feven of whom to be a quorum to do bufinefs.

That fuch council appoint their Prefident; and in his abfence, that the fenior councillor prefide.

That a Secretary be appointed by both branches, who be may councillor, or otherwife, as they shall choose.

That no act or refolve be valid, and put into execution, unless agreed to and paffed by both branches of the legislature.

That all public officers for the faid colony, and each county, for the current year, be appointed by the council and affembly, except the feveral clerks of the executive courts, who shall be appointed by the Juftices of the refpective courts.

That all bills, refolves, or votes for raifing, levying and collecting money, originate in the house of representatives.

That at any feffions of the council and affembly, neither branch fhall adjourn for any longer time than from Saturday till the next Monday, without confent of the other.

And it is further Refolved, That if the present unhappy difpute with Great-Britain fhould continue longer than this prefent year, and the Continental Congress give no inftructions or

3

directions

!

directions to the contrary, the council be chofen by the people of each respective county, in fuch manner as the council and house of reprefentatives fhall order.

That general and field officers of the militia, on any vacancy, be appointed by the two houfes, and all inferior officers be chofen by the respective companies.

That all officers of the army be appointed by the two houses, except they should direct otherwife in cafe of any emergency,

That all civil officers for the colony and for each county be appointed, and the time of their continuance in office be determined, by the two houses, except clerks, and county treasurers, and recorders of deeds.

That a treasurer, and a recorder of deeds, for each county be annually chofen, by the people of each county refpectively; the votes for fuch officers to be returned to the refpective courts of general feffions of the peace, in the county, there to be afcertained, as the council and affembly fhall hereafter direct.

That precepts, in the name of the council and affembly, figned by the prefident of the council, and fpeaker of the houfe of reprefentatives, fhall iffue annually, at or before the first day of November, for the choice of a council, and house of reprefentatives, to be returned by the third Wednesday in December then next enfuing, in fuch manner as the council and affembly shall hereafter prescribe.

In the HOUSE of REPRESENTATIVES, September 19, 1776.

Voted and Refolved,

THAT as any new towns or settlements in this state, fhall increase in their number of inhabitants from year to year, or from time to time, precepts fhall iffue for their fending delegates to council and affembly, fo as to be fully reprefented, according to their numbers, proportionable with other parts of the state.

Sent up for Concurrence,

P. WHITE, Speaker.

In COUNCIL, Eodem Die.

Read and Concurred.

E. THOMPSON, Secretary.

Copy examined, per E. THOMPSON, Secretary,

D

MASSA

MASSACHUSETTS.

A

CONSTITUTION, or FRAME of GOVERNMENT, agreed upon by the Delegates of the People of the State of Maffachusetts-Bay, in CONVENTION, begun and held at Cambridge, on the First of September, 1779, and continued by Adjournments to the Second of March, 1780.

TH

(

PREAMBL E.

HE end of the inftitution, maintenance and adminiftration of government, is to fecure the exiftence of the bodypolitic, to protect it, and to furnish the individuals who compose it, with the power of enjoying, in fafety and tranquillity, their natural right, and the bleffings of life: And whenever thefe great objects are not obtained, the people have a right to alter the government, and to take measures neceffary for their fafety, profperity and happiness.

The body-politic is formed by a voluntary affociation of individuals; it is a focial compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all fhall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a conftitution 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 This fecurity in them.

We, therefore, the people of Maffachusetts, acknowledging, with grateful hearts, the goodness of the Great Legislator of the Univerfe, in affording us, in the courfe of his providence, an opportunity, deliberately and peaceably, without fraud, violence, or furprize, of entering into an original, explicit, and folemn compact with each other; and of forming a new conftitution of civil government, for ourfelves and pofterity; and devoutly imploring his direction in fo interefting a defign, DO agree upon, ordain, and establish, the following Declaration of Rights, and Frame of Government, as the CONSTITUTION of the COMMONWEALTH of MASSACHUSETTS.

1

PART

PARTI.

A DECLARATION of RIGHTS, of the Inhabitants of the Commonwealth of Massachusetts.

Art. I. LL men are born free and equal, and have certa'n

A natural, effential, and unalienable rights; among

which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, poffeffing, 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 fociety, publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preferver of the Univerfe. And no fubjec Thall be hurt, molefted, or reftrained in his perfon, liberty, or eftate, for worshipping God in the manner and feafon most agreeable to the dictates of his own confcience; or for his religious profeffion or fentiments; provided he doth not difturb the public peace, or obftruct others in their religious worship.

III. As the happiness of a people, and the good order and prefervation of civil government, effentially depend upon piety, religion, and morality; and as these cannot be generally diffufed through a community, but by the inftitution of the public worship of God, and of public inftructions in piety, religion and morality: Therefore, to promote their happiness, and to fecure the good order and prefervation of their government, the people of this commonwealth have a right to inveft their legiflature with power to authorise and require, and the legislature fhall, from time to time, authorife and require the feveral towns, parishes, precincts, and other bodies politic, or religious focieties, to make fuitable provifion, at their own expence, for the inftitution of the public worship of God, and for the fupport and maintenance of public proteftant teachers of piety, religion, and morality, in all cafes where fuch provifion fhall not be made voluntarily.

And the people of this commonwealth have also a right to, and do, inveft their legiflature with authority to enjoin upon all the, fubjects, an attendance upon the inftructions of the public teachers as aforefaid, at ftated times and feafons, if there be any on whose instructions they can confcientiously and conveniently

attend.

Provided notwithstanding, that the feveral towns, parishes, precincts, and other bodies-politic, or religious focieties, fhall, at all times, have the exclufive right of electing their public teachers, and of contracting with them for their fupport and maintenance.

And all monies paid by the fubject to the support of public worship, and of the public teachers aforefaid, fhall, if he require it, be uniformly applied to the fupport of the public teacher or teachers of his own religious fect or denomination, provided there be any on whose inftructions he attends; otherwise it may be paid towards the fupport of the teacher or teachers of the parish or precinct in which the said monies are raised.

And every denomination of Chriftians demeaning themselves peaceably, and as good fubjects of the commonwealth, shall be equally under the protection of the law: And no fubordination of any one fect or denomination to another shall ever be established by law.

IV. The people of this commonwealth have the fole and exclufive right of governing themselves as a free, fovereign, and independent state; and do, and for ever hereafter fhall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them exprefly delegated to the United States of America, in Congrefs affembled.

V. All power refiding originally in the people, and being derived from them, the feveral magiftrates and officers of government, vefted with authority, whether legiflative, executive, or judicial, are their fubftitutes and agents, and are at all times accountable to them.

VI. No man, or corporation, or affociation of men, have any other title to obtain advantages, or particular and exclufive privileges, diftinct from those of the community, than what arises from the confideration of services rendered to the public; and this title being in nature neither hereditary nor tranfmiffible to children, or defcendants, or relations by blood, the idea of a man born a magiftrate, lawgiver, or judge, is abfurd and unnatural.

VII. Government is inftituted for the common good; for the protection, fafety, profperity, and happiness of the people; and not for the profit, honour, or private intereft of any one man, family, or clafs of men: Therefore, the people alone have an inconteftible, unalienable, and indefeafible right to inftitute government; and to reform, alter, or totally change the fame, when their protection, fafety, profperity, and happiness require it.

VIII. In order to prevent thofe, who are vefted with authority from becoming oppreffors, the people have a right, at fuch periods, and in fuch manner as they fhall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places, by certain and regular elections and appointments.

IX. All elections ought to be free, and all the inhabitants of this commonwealth, having fuch qualifications as they fhall eftablish by their frame of government, have an equal right to elect officers, and to be elected for public employments.

X. Each