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Founding America (Barnes & Noble Classics) - Jack N. Rakove [68]

By Root 1927 0
and county of this state, to be called the COUNCIL OF CENSORS; who shall meet together on the second Monday of November next ensuing their election; the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree: And whose duty it shall be to enquire whether the constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are intitled to by the constitution : They are also to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers, and records; they shall have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election and no longer: The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appear to them an absolute necessity of amending any article of the constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness of the people: But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.

Passed in Convention the 28th day of September, 1776, and signed by their order.

BENJ. FRANKLIN, Prest.


CONCORD TOWN MEETING RESOLUTIONS

OCTOBER 21, 1776


AT A MEETING OF the Inhabitents of the Town of Concord being free and twenty one years of age and upward, met by adjournment on the twenty first Day of October 1776 to take into Consideration a Resolve of the Honorable House of Representatives of this State on the 17th of September Last, the Town Resolved as followes__

Resolve 1 st. That this State being at Present destitute of a Properly established form of Goverment, it is absolutly necesary that one should be emmediatly formed and established——

Resolved 2 That the Supreme Legislative, either in their Proper Capacity, or in Joint Committee, are by no means a Body proper to form and Establish a Constitution, or form of Government; for Reasons following.

first Because we Conceive that a Constitution in its Proper Idea intends a System of Principles Established to Secure the Subject in the Possession and enjoyment of their Rights and Priviliges, against any Encroachments of the Governing Part——

2d Because the Same Body that forms a Constitution have of Consequence a power to alter it. 3d—Because a Constitution alterable by the Supreme Legislative is no Security at all to the Subject against any Encroachment of the Governing part on any, or on all of their Rights and priviliges.

Resolve 3d. That it appears to this Town highly necesary and Expedient that a Convention, or Congress be immediately Chosen, to form and establish a Constitution, by the Inhabitents of the Respective Towns in this State, being free and of twenty one years of age, and upwards, in Proportion as the Representatives of this State formerly ware Chosen; the Convention or Congress not to Consist of a greater number then the House of assembly of this State heretofore might Consist of, Except that each Town and District shall have Liberty to Send one Representative or otherwise as Shall appear meet to the Inhabitents of this State in General

Resolve 4th.

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