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XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

XII. The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name, in their ballots, the person voted for as president, and, in distinct ballots, the person voted for as vice president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice president, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate ; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed : and if no such person have such majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president; but, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quo. rum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice; and if the house of representatives shall not choose a president, whenever the right of choice shall deSho #

90 Constitution of the United States.

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.

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[The Constitution of Massachusetts, as here published, is the revision 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 the State Printers, Messrs. Dutton & Wentworth ; by whose permission, it is now printed, for the use of the Legislature only, in connection with the Rules and Orders of the House of Representatives. 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 aunulled 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.”]


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 with safety and tranquillity their natural rights and the blessings of life: and whenever these great objects are not obtained, the people 92 Constitution of Massachusetts.

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.

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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 instructions 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

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