gy, in the said act described, constituted the Overseers of Harvard-College : And it being necessary, in this new Constitution of Government, to ascertain who shall be deemed Successors to the said Governor, Deputy-Governor, and Magistrates: IT IS DECLARED, That the Governor, Lieutenant-Governor, Council and Senate of this Commonwealth, are, and shall be deemed, their Successors; who, with the President of Harvard-College, for the time being, together with the Ministers of the Congregational churches, in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the Overseers of Harvard-College; PROVIDED, that nothing herein shall be construed to prevent the Legislature of this Commonwealth from making such alterations in the Government of the said University, as shall be conducive to its advantage, and the interest of the Republic of Letters, in as full a manner as might have been done by the Legislature of the Province of the Massachusetts-Bay.

SECTION II.

The Encouragement of Literature, &c.

WISDOM, and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of legislators and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings, sincerity, good humor, and all social affections, and generous sentiments among the people.

CHAPTER VII. AND LAST.

Continuance of Officers, &c.

To the end there may be no failure of justice, or danger arise to the Com monwealth from a change of the form of government, all officers, civil and military, holding commissions under the government and people of Massachusetts-Bay, in New-England, and all other officers of the said government and people at the time this Constitution shall take effect, shall have, hold, use, exercise, and enjoy all the powers and authority to them granted or 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, employments 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.

NO. III.

AN ADDRESS OF THE CONVENTION, for Framing a New Constıtution of Government, for the STATE OF MASSACHUSETTS-BAY, to their CONSTITUENTS.

FRIENDS AND COUNTRYMEN,

HAVING had your Appointment and Instruction, we have undertaken the arduous Task of preparing a civil Constitution for the People of the Massachusetts-Bay; and we now submit it to your candid Consideration. It is your Interest to revise it with the greatest Care and Circumspection, and it is your undoubted Right, either to propose such Alterations and Amendments as you shall judge proper, or, to give it your own Sanction in its present Form, or, totally to reject it.

IN framing a Constitution, to be adapted as far as possible to the Circumstances of Posterity yet unborn, you will conceive it to be exceedingly difficult, if not impracticable, to succeed in every part of it, to the full Satisfaction of all. Could the whole Body of the People have Convened for the same Purpose, there might have been equal Reason to conclude, that a perfect Unanimity of Sentiments would have been an Object not to be obtained. In a Business so universally interesting, we have endeavored to act as became the Representatives of a wise, understanding and free People; and, as we have Reason to believe you would yourselves have done, we have opened our Sentiments to each other with Candor, and made such mutual Concessions as we could consistently, and without marring the only Plan, which in our most mature Judgment we can at present offer to you.

THE Interest of the Society is common to all its Members. The great Enquiry is, wherein this Common Interest consists. In determining this Question, an Advantage may arise from a Variety of Sentiments offered to public Examination concerning it. But wise Men are not apt to be obstinately tenacious of their own Opinions; They will always pay a due Regard to those of other Men and keep their minds open to Conviction. We conceive, that in the present instance, by accommodating ourselves to each other, and individually yielding particular and even favorite Opinions of smaller moment, to essential Principles, and Considerations of general Utility, the public Opinion of the Plan now before you may be consolidated.—

But without such mutual Condescension in unimportant Matters, we may almost venture to predict, that we shall not soon, if ever, be bless'd with such a Constitution as those are intitled to, who have struggled hard for Freedom and Independence. You will permit us on this Occasion, just to hint to you our own Apprehension, that there may be amongst us, some Persons disaffected to that great Cause for which we are contending, who may be secretly instructed by our common Enemy to divide and distract us; in hopes of preventing our Union in any Form of Government whatever, and by this Means of depriving us of the most honorable Testimony, as well as the greatest Security of our Freedom and Independence.-If there be such Men, it is our Wisdom to mark them, and guard ourselves against their Designs.

We may not expect to agree in a perfect System of Government: This is not the Lot of Mankind. The great End of Government, is, to promote the Supreme Good of human Society: Every social affection should therefore be interested in the Forming of a Government and in judging of one when it is Formed. Would it not be prudent for Individuals to cast out of the Scale smaller considerations, and fall in with an evident Majority, unless in Matters in which their Consciences shall constrain them to determine otherwise? Such a Sacrifice, made for the sake of Union,would afford a strong Evidence of public Affection; and Union strengthened by the social Feeling, would promise a greater Stability to any Constitution, and, in its operation, a greater Degree of Happiness to the Society. It is here to be remembered, that on the Expiration of Fifteen Years a new Convention may be held, in order that such Amendments may be made in the plan you may now agree to, as Experience, that best Instructor, shall then point out to be expedient or necessary.

A GOVERNMENT without Power to exert itself, is at best, but an useless Piece of Machinery. It is probable, that for the want of Energy, it would speedily lose even the Appearance of Government, and sink into Anarchy. Unless a due Proportion of Weight is given to each of the Powers of Government, there will soon be a Confusion of the whole. An Overbearing of any one of its Parts on the rest, would destroy the Balance and accelerate its Dissolution and Ruin: And, a Power without any Restraint is Tyranny, The Powers of Government must then be balanced: To do this accurately requires the highest Skill in political Architecture. Those who are to be invested with the Administration, should have such Powers given to them, as are requisite to render them useful in their respective Places; and such checks should be added to every Branch of Power as may be sufficient to prevent its becoming formidable and injurious to the Commonwealth. If we have been so fortunate as to succeed in this point of the greatest Importance, our Happiness will be complete, in the Prospect of having laid a good Foundation for many Generations. You are the judges how far we have succeeded; and whether we have raised our Superstructure, agreeably to our professed Design, upon the Principles of a Free Commonwealth.

In order to assist your Judgments, we have thought it necessary, briefly to explain to you the Grounds and Reasons upon which we have formed our Plan. In the third article of the Declaration of Rights, we have, with as much Precision as we were capable of, provided for the free exercise of the Rights of Conscience: We are very sensible that our Constituents hold those Rights infinitely more valuable than all others; and we flatter ourselves, that while we have considered Morality and the Public Worship of GOD, as important to the happiness of Society, we have sufficiently guarded the rights of Conscience from every possible infringement. This Article underwent long debates, and took Time in proportion to its importance; and we feel ourselves peculiarly happy in being able to inform you, that though the debates were managed by persons of various denominations, it was finally agreed upon with much more Unanimity than usually takes place in disquisitions of this Nature. We wish you to consider the Subject with Candor, and Attention. Surely it would be an affront to the People of Massachusetts-Bay to labour to convince them, that the Honor and Happiness of a People depend upon Morality; and that the Public Worship of GOD has a tendency to inculcate the Principles thereof, as well as to preserve a People from forsaking Civilization, and falling into a state of Savage barbarity.

In the form now presented to you, there are no more Departments of Government than are absolutely necessary for the free and full Exercise of the Powers thereof. The House of Representatives is intended as the Representative of the Persons, and the Senate of the property of the Commonwealth. These are to be annually chosen and to sit in separate Bodies, each having a Negative upon the Acts of [the] other. This Power of a Negative in each must ever be necessary; for all Bodies of Men, assembled upon the same occasion and united by one common Interest of Rank, Honor, or Estate, are liable, like an individual, to mistake, bias and prejudice. These two Houses are vested with the Powers of Legislation, and are to be chosen by the Male Inhabitants who are Twenty one Years of age, and have a Freehold of the small annual Income of Three Pounds, or Sixty Pounds in any Estate. Your Delegates considered that Persons who are Twenty one Years of age, and have no Property, are either those who live upon a part of a Paternal estate, expecting the Fee thereof, who are but just entering into business, or those whose Idleness of Life and profligacy of manners will forever bar them from acquiring and possessing Property. And we will submit it to the former class, whether they would not think it safer for them to have their right of Voting for a Representative suspended for [a] small space of Time, than forever hereafter to have their Privileges liable to the control of Men, who will pay less regard to the Rights of Property because they have nothing to lose.

THE Power of Revising, and stating objections to any Bill or Resolve that shall be passed by the two Houses, we were of opinion ought to be lodged