APPENDIX.

NO. I.

Resolve for taking the sense of the People upon the subject of a New Constitution.

STATE OF MASSACHUSETTS BAY.

IN THE HOUSE OF REPRESENTATIVES, FEB. 19, 1779.

Whereas, The Constitution or Form of Civil Government, which was proposed by the late Convention of this State to the People thereof, hath been disapproved by a majority of the Inhabitants of said State,-*

And whereas, It is doubtful from the Representations made to this Court, what are the sentiments of the major part of the good People of this State, as to the expediency of now proceeding to form a new Constitution of Government,―

Therefore Resolved, That the Selectmen of the several towns within this State cause the Freeholders and other Inhabitants in their respective towns, duly qualified to vote for Representatives, to be lawfully warned to meet together in some convenient place therein, on or before the last Wednesday of May next, to consider of, and determine upon, the following questions:-

First. Whether they choose, at this time, to have a new Constitution or Form of Government made.

Secondly. Whether they will empower their Representatives for the next year to vote for the calling a State Convention, for the sole purpose of forming a new Constitution; provided it shall appear to them, on examination, that a major part of the People present and voting at the meetings, called in the manner and for the purpose aforesaid, shall have answered the first question in the affirmative?

*See No 5 of this Appendix.

And in order that the sense of the People may be known thereon,—

Be it further Resolved, That the Selectmen of each town be and hereby are directed to return into the Secretary's Office, on or before the first Wednesday in June next, the doings of their respective towns, on the first question above mentioned, certifying the numbers voting in the affirmative, and the numbers voting in the negative, on said question.

Sent up for concurrence.

IN COUNCIL, FEB. 20, 1779.

JOHN PICKERING, Speaker.

Read and concurred.

JOHN AVERY, D. Secretary.

NO. II.

[This important Document, so necessary to explain the Text of the Journal itself, was not among the papers of the Convention in the Secretary's office, nor, after diligent enquiry, was it discovered elsewhere, until the body of this work had gone to press, (see pages 35 and 36) when, in consequence of a notice in the public papers, a copy was kindly presented by Turell Tufts Esq. of Medford, who found it among the papers of his relative, Stephen Hall, tertius, Esq. a Member of the Convention. The loan of a copy has also been politely tendered by the Essex Historical Society; and it is understood that some other copies are extant.]

The REPORT OF A CONSTITUTION, or Form of Government, for the COMMONWEALTH OF MASSACHUSETTS;-Agreed upon by the Committee-to be laid before the CONVENTION OF DELEGATES, assembled at CAMBRIDGE, on the first day of September, A. D. 1779; and continued by Adjournment to the twenty-eighth day of October following.

To the Honorable the Convention of Delegates from the several Towns in the State of Massachusetts, appointed for the forming a new Constitution of Government for the said State.

GENTLEMEN,—

Your Committee, in pursuance of your instructions, have prepared the Draught of a new Constitution of Government for this State; and now make report of it: which is respectfully laid before you, in the following pages, for your consideration and correction.

In the name of the Committee,

JAMES BOWDOIN, Chairman.

CONSTITUTION OR FORM OF GOVERNMENT

FOR THE

Commonwealth of Massachusetts.

PREAMBLE.

THE end of the institution, maintenance and administration of government, is to secure the existence of the body politic; to protect it, and to furnish the individuals who compose it, with the power of enjoying, in 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, happiness and prosperity.

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 Delegates of the People of Massachusetts, in General Convention assembled, for the express and sole purpose of framing a Constitution or Form of Government, to be laid before our Constituents, according to their instructions, acknowledging, with grateful hearts, the goodness of the Great Legislator of the Universe, in affording to this people, in the course of His Providence, an opportunity of entering into an original, explicit, and solemn compact with each other, deliberately and peaceably, without fraud, violence, or surprise; and of forming a new Constitution of Civil Government, for themselves and their posterity; and devoutly imploring His direction in a design so interesting to them and their posterity,—Do, by virtue of the authority vested in us, by our constituents, agree upon the following Declaration of Rights, and Frame of Government, as the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS,

CHAPTER I.

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

Art. 1.-ALL men are born equally free and independent, 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 their property; in fine, that of seeking and obtaining their safety and happiness.

II.-IT is 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 worshiping GOD in the manner 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.—GOOD morals being necessary to the preservation of civil society; and the knowledge and belief of the being of GOD, His providential government of the world, and of a future state of rewards and punishment, being the only true foundation of morality, the legislature hath therefore a right, and ought, to provide at the expense of the subject, if necessary, a suitable support for the public worship of GOD, and of the teachers of religion and morals; and to enjoin upon all the subjects an attendance upon their instructions, at stated times and seasons: Provided there be any such teacher, on whose ministry they can conscientiously and conveniently attend.

ALL monies, paid by the subject to the support of public worship, and of the instructors in religion and morals, shall, if he requires it, be uniformly applied to the support of the teacher or teachers of his own religious denomination, if there be such whose ministry he attends upon: otherwise it may be paid to the teacher or teachers of the parish or precinct where he usually resides.

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 are not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled.