volve upon them, before the fourth day of March, then next following, then the vice president shall act as president, as in case of the death or other constitutional disability of the president.

The person having the greatest number of votes as vice president shall be the vice president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the senate shall choose the vice president; a quorum for that purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

But no person, constitutionally ineligible to the office of president, shall be eligible to that of vice president of the United States.

CONSTITUTION

OR

FORM OF GOVERNMENT

OF THE

COMMONWEALTH OF MASSACHUSETTS.

[The Constitution of Massachusetts, as here published, is the revis ion of that instrument, prepared by Hon. L. S. CUSHING, one of the Justices of the Court of Common Pleas, for the Supplements to the Revised Statutes, published by Messrs. Dutton & Wentworth, Printers, No. 37, Congress Street, Boston; by whose permission, it is now printed.

The following extract from the Advertisement to the Supplements, exhibits the plan and objects of the revision:

"The Constitution has been revised by striking out the annulled or obsolete portions of that instrument, and by inserting the amendments in their appropriate places. This revision is intended for the convenient use of those who desire to ascertain what the existing provisions of the Constitution are, without the trouble and labor of tracing them historically from the original instrument through all the various amendments. Those who wish to investigate any constitutional provision, in the manner last mentioned, will find the original instrument, together with the first eleven amendments, prefixed to the Revised Statutes, and the twelfth and thirteenth amendments in the present volume. This revision has been examined by JOHN G. PALFREY, Esq., Secretary of the Commonwealth, whose certificate to its correctness is appended to the instrument."]

PREAMBLE.

THE end of the institution, maintenance and administration of government, is to secure the exist ence of the body politic; to protect it; and to furnish the individuals who compose it, with the power of enjoying with safety and tranquillity their natural rights and the blessings of life: and whenever these great objects are not obtained, the people

have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.

The body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an 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 security in them.

We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the Universe, in affording us, in the course of his providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring his direction in so interesting a design, 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.

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

ART. I. ALL men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of

enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.

II. It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the SUPREME BEING, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious worship.

III. As the public worship of God, and instruc tions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses: And all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society: And all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Common

wealth, 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.

IV. The people of this Commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.

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

VI. No man, nor corporation or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or rela tions by blood, the idea of a man being born a mag. istrate, lawgiver, or judge, is absurd and unnatural.

VII. Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Therefore, the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally