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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 seven of whom to be a Quorum to do bufinefs.

That such Council appoint their President ; and in his abfence, that the fenior Councillor prefide.

That a Secretary be appointed by both branches, who may be Councillor, or otherwife, as they fhall choofe.

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 fhall be appointed by the Justices of the refpective courts.

That all bills, refolves, or votes for raising, levying, and collecting money, originate in the House of Representatives.

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That at any feffions of the Council and Affembly, neither branch shall 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 prefent unhappy difpute with Great-Britain should continue longer than this prefent year, and the Continental Congress give no instructions or directions to the contrary, the Council be chofen by the people of each respective county, in fuch manner as the Council and Houfe of Reprefentatives fhall order.

That general and field officers of the militia, on any vacancy, be appointed by the two Houses, and all inferior officers be chosen by the refpective companies.

That all officers of the army be appointed by the two Houfes, except they should direct otherwise 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 treafurers, and recorders of deeds.

That a treasurer, and a recorder of deeds, for each county be annually chofen by the people of each county respectively; the votes for fuch

officers

officers to be returned to the respective courts of general feffions of the peace in the county,

there to be ascertained, as the Council and Afsembly shall hereafter direct.

That precepts, in the name of the Council and Affembly, figned by the President of the Council and Speaker of the House of Representatives, shall iffue annually, at or before the first day of November, for the choice of a Council and House of Representatives, to be returned by the third Wednesday in December then next enfuing, in fuch manner as the Council and Affembly fhall hereafter prefcribe. In the House of REPRESENTATIVES, Sept. 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, so as to be fully represented, 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, Sec. Copy examined per E. THOMPSON, Sec.

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MASSACHUSETTS.

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CONSTITUTION,

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FRAME OF GOVERNMENT,

AGREED UPON BY THE DELEGATES OF THE PEOPLE OF THE STATE OF MASSACHU SETTS-BAY, IN CONVENTION, BEGUN AND HELD AT CAMBRIDGE, ON THE FIRST OF SEPTEMBER, 1779, AND CONTINUED BY ADJOURNMENTS TO THE SECOND OF MARCH, 1780.

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PREAMBLE.

HE end of the inftitution, maintenance and administration of government is to fecure the existence of the body-politic, to protect it, and to furnish the individuals who compofe it, with the power of enjoying, in fafety and tranquility, their natural rights, 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 meafures neceffary for their fafety, profperity and happiness.

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The body-politic is formed by a voluntary affociation of individuals; it is a focial com

pact,

pact, by which the whole people covenants with cach 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 his fecurity in them.

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We, therefore, the people of Maffachusetts, acknowledging with grateful hearts the good-. nefs of the Great Legiflator of the Universe, in affording us, in the courfe of his pro-s vidence, 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 Govern-ment for ourselves and posterity; 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.

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