Commonwealth of Massachusetts.

SECRETARY'S OFFICE, AUGUST 30, 1832.

1 CERTIFY, that I have compared the Copy of the Form of Government agreed upon by the Convention of 1780, as here printed, with the Constitution as finally ratified, engrossed on parchment, and deposited in the Public Archives, and find that it exactly corresponds therewith. I have also compared the foregoing printed copies of the several Amendments to the Constitution, with the originals as engrossed, and deposited in the Public Archives, and certify that the same are true copies.

EDWARD D. BANGS,

Secretary of the Commonwealth.

NO. V.

REJECTED CONSTITUTION OF 1778.

[The following Document, it is thought, will form an appropriate and interesting portion of this Volume, and is accordingly appended, by the advice of several Members of the Legislature. It is the Form of Government proposed by the General Court of 1777-78, acting as a Convention. Being submitted to the People, at Meetings held throughout the State previous to June 15, 1778, it was, by a large majority, REJECTED. Measures were soon afterwards taken for assembling another Convention, distinct from the Legislative Body; the result of which was the adoption of the present Constitution.]

A CONSTITUTION AND FORM OF GOVERNMENT for the State of Massachusetts Bay, agreed upon by the Convention of said State, February 28, 1778-to be laid before the several towns and plantations in said State, for their approbation or disapprobation.

State of Massachusetts Bay.

IN CONVENTION, FEBRUARY 28, 1778.

WHEREAS, upon the Declaration of Independence, made by the Representatives of the United States, in Congress assembled, by which all connexions between the said States and Great Britain were dissolved, the General Assembly of this State thought it expedient, that a new Constitution of Government for this State should be formed; and, apprehending that they were not invested with sufficient authority to deliberate and determine upon so interesting a subject, did, on the fifth day of May, 1777, for effecting this valuable purpose, pass the following resolve:

"RESOLVED, That it be, and hereby is recommended to the several towns and places in this State, empowered by the laws thereof to send members to the General Assembly, that, at their next election of a member or members to represent them, they make choice of men, in whose integrity and ability they can place the greatest confidence; and, in addition to the common and ordinary powers of representation, instruct them with full powers,

in one body with the Council, to form such a Constitution of Government as they shall judge best calculated to promote the happiness of this State; and, when completed, to cause the same to be printed in all the Boston newspapers, and also in handbills, one of which to be transmitted to the Selectmen of each town, or the committee of each plantation, to be by them laid before their respective towns or plantations, at a regular meeting of the inhabitants thereof, to be called for that purpose, in order to its being, by each town and plantation, duly considered, and a return of their approbation or disapprobation to be made into the Secretary's office of this State, at a reasonablebe time, to fixed upon by the General Court; specifying the numbers present at such meeting voting for, and those voting against the same; and, if upon a fair examination of said returns by the General Court, or such a committee as they shall appoint for that purpose, it shall appear, that the said Form of Government is approved of by at least two thirds of those who are free, and twenty-one years of age, belonging to this State, and present in the several meetings, then the General Court shall be empowered to establish the same as the Constitution and Form of Government of the State of Massachusetts Bay; according to which the inhabitants thereof shall be governed in all succeeding generations, unless the same shall be altered by their express direction, or at least of two thirds of them. And it is further recommended to the Selectmen of the several towns, in the return of their precepts for the choice of Representatives, to signify their having considered this resolve, and their doings thereon."

AND whereas the good People of this State in pursuance of the said resolution, and reposing special trust and confidence in the Council and in their Representatives, have appointed, authorized and instructed their Representatives, in one body with the Council, to form such a Constitution of Government as they shall judge best calculated to promote the happiness of this State, and when completed, to cause the same to be published for their inspection and consideration.

WE, therefore, the Council and Representatives of the People of the State of Massachusetts Bay, in Convention assembled, by virtue of the power delegated to us, and acknowledging our dependence upon the all wise Governor of the Universe for direction, do agree upon the following Form of a Constitution of Government for this State, to be sent out to the People, that they may act thereon, agreeably to the aforesaid resolve.

I.—THERE shall be convened, held and kept, a General Court, upon the last Wednesday in the month of May of every year, and as many other times as the said General Court shall order and appoint: which General Court shall consist of a Senate and House of Representatives, to be elected as this Constitution hereafter directs.

II. THERE shall be elected annually a Governor and Lieutenant Governor, who shall each have, by virtue of such election, a seat and voice in the

Senate; and the style and title of the Governor shall be His Excellency; and the style and title of the Lieutenant Governor shall be his Honor.

III.-No person shall be considered as qualified to serve as Governor, Lieutenant Governor, Senator or Representative, unless qualified respectively at the time of their several elections, as follows, viz: The Governor and Lieutenant Governor shall have been inhabitants of this State five years immediately preceding the time of their respective election; the Governor shall be possessed, in his own right, of an estate of the value of one thousand pounds, whereof five hundred pounds value, at the least, shall be in real estate within this State; the Lieutenant Governor shall be possessed, in his own right, of an estate of the value of five hundred pounds, two hundred and fifty pounds thereof, at the least, to be in real estate, within this State: a Senator shall be possessed, in his own right, of an estate to the value of four hundred pounds, two hundred pounds thereof, at the least, to be in real estate, lying in the district for which he shall be elected. A Representative shall be possessed, in his own right, of an estate of the value of two hundred pounds, one hundred pounds thereof, at the least, to be in real estate lying in the town, for which he shall be elected. Senators and Representatives shall have been inhabitants of districts and towns, for which they shall be respectively elected, one full year immediately preceding such election; provided, that when two or more towns join in the choice of a Representative, they may choose an inhabitant of either of said towns, being otherwise qualified as this article directs.

IV. THE Judges of the Superior Court, Secretary, Treasurer General, Commissary General, and settled Ministers of the Gospel, while in office; also all Military Officers, while in the pay of this or of the United States, shall be considered as disqualified for holding a seat in the General Court; and the Judges and Registers of Probate, for holding a seat in the Senate.

V.-EVERY male inhabitant of any town in this State, being free and twenty one years of age, excepting negroes, Indians and mulattoes, shall be entitled to vote for a Representative or Representatives, as the case may be in the town, where he is resident; provided he has paid taxes in said town (unless by law excused from taxes) and been resident therein one full year, immediately preceding such voting, or that such town has been his known and usual place of abode for that time, or that he is considered as an inhabitant thereof; and every such inhabitant qualified as above, and worth sixty pounds, clear of all charges thereon, shall be entitled to put in his vote for Governor, Lieutenant Governor and Senators; and all such voting for Governor, Lieutenant Governor, Senators or Representatives, shall be by ballot, and not otherwise.

VI.-EVERY incorporated town within this State shall be entitled to send

one Representative to the General Court; any town having three hundred voters may send two; having five hundred and twenty voters may send three; having seven hundred and sixty may send four; and so on, making the increasing number necessary for another number, twenty more than the last immediately preceding increasing number, till the whole number of voters in any town are reckoned. And each town shall pay the expense of its own Representative or Representatives; and the inhabitants of any two or more towns, who do not incline to send a Representative for each town, may join in the choice of one, if they shall so agree.

VII. THE Selectmen of each town shall some time in the month of April, annually, issue their warrant or warrants, under their hands and seals, directed to some constable or constables, within their towns respectively, requiring him or them to notify the inhabitants qualified to vote for a Representative, to assemble in some convenient place in such town, for the choice of some person or persons, as the case may be, to represent them in the General Court the ensuing year: the time and place of meeting to be mentioned in the warrant or warrants for calling such meeting.

AND the Selectmen of each town respectively, or the major part of them, shall make return of the name or names of the person or persons elected by the major part of the voters present, and voting in such meeting, to represent said town in the General Court the ensuing year, into the Secretary's office, on or before the last Wednesday of May then next ensuing; and when two or more towns shall agree to join for such choice, the major part of the Selectmen of those towns shall, in the manner above directed, warn a meeting to be held in either of the said towns, as they shall judge most convenient for that purpose, and shall make return as aforesaid, of the person chosen at such meeting.

VIII.—THE number of Senators shall be twenty eight; (exclusive of the Governor and Lieutenant Governor) their election shall be annual, and from certain districts, into which the State shall be divided as follows, viz: The middle district to contain the counties of Suffolk, Essex and Middlesex, within which ten Senators shall be elected; the southern district to contain the counties of Plymouth, Barnstable, Bristol, Dukes' County and Nantucket, within which six Senators shall be elected: the western district to contain the counties of Hampshire, Worcester and Berkshire, within which eight Senators shall be elected the northern district to contain the counties of York and Cumberland, within which three shall be elected: the eastern district to contain the county of Lincoln, within which one shall be elected. And as the numbers of inhabitants in the several districts may vary, from time to time, the General Court shall, in the way they shall judge best, some time in the year one thousand seven hundred and ninety, and once in twenty years ever after, order the number of the inhabitants of the several districts to be taken, that the Senators may be apportioned anew to the several districts, ac