A CONSTITUTION OR FORM OF GOVERNMENT FOR THE Commonwealth of Massachusetts. PREAMBLE. ernment. The end of the institution, maintenance and administra- Objects of gov tion 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, prosperity and happiness. : formed. The body politic is formed by a voluntary association of Body politic, how individuals: it is a social compact, by which the whole peo- Its nature. ple 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 campact 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 Govern ment, as the CONSTITUTION of the COMMONWEALTH OF MASSACHUSETTS. Equality and natural rights of all men. Right and duty of public religious worship. in. PART THE FIRST. A Declaration of the Rights of the Inhabitants of the ART. 1. 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. Protection there- 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. Amendment, Art. for this. Legislature em. [III. As the happiness of a people, and the good order and preservaXI. substituted tion of civil government, essentially depend upon piety, religion and morality; and as these cannot be generally diffused through a community, but by the institution of the public worship of GOD, and of public instructions in piety, religion and morality: Therefore, to promote their happipowered to com- ness, and to secure the good order and preservation of their government, pel provision for the people of this Commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of GOD, and for the support and maintenance of public Protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily. public worship; and to enjoin at tendance on. And the people of this Commonwealth have also a right to, and do, there- invest their legislature with authority to enjoin upon all the subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and seasons, if there be any on whose instructions they can conscientiously and conveniently attend. Provided, notwithstanding, that the several towns, parishes, precincts Exclusive right of and other bodies politic, or religious societies, shall, at all times, have the electing religious exclusive right of electing their public teachers, and of contracting with teachers secured. them for their support and maintenance. as to whom parochial be And all moneys, paid by the subject to the support of public worship, Option and of the public teachers aforesaid, shall, if he require it, be uniformly taxes may applied to the support of the public teacher or teachers of his own religious paid, unless, &c. sect or denomination, provided there be any on whose instructions he attends; otherwise it may be paid toward the support of the teacher or teachers of the parish or precinct in which the said moneys are raised. And every denomination of Christians, demeaning themselves peace- All ably, and as good subjects of the Commonwealth, shall be equally under tions equally prothe protection of the law: and no subordination of any one sect or denom- Subordination of ination to another shall ever be established by law.] tected. denomina one sect to another prohibited. ernment secured. IV. The people of this Commonwealth have the sole and Right of self-govexclusive 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 is not, or may not hereafter, be by them expressly delegated to the United States of America, in Congress assembled. all officers, &c. V. All power residing originally in the people, and being Accountability of derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive or judicial, are their substitutes and agents, and are at all times accountable to them. rendered to peculiar privi and unnatural. VI. No man, nor corporation or association of men, Serviceplic behave any other title to obtain advantages, or particular and ing the only title exclusive privileges, distinct from those of the community, leges, hereditary than what arises from the consideration of services rendered offices are absurd to the public; and this title being in nature neither hereditary, nor transmissible to children or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver or judge, is absurd and unnatural. ernment; right to institute and VII. Government is instituted for the common good; Objects of gov for the protection, safety, prosperity and happiness of the of people people; and not for the profit, honor or private interest of change it. any one man, family or class of men: Therefore the people alone have an incontestable, unalienable and indefeasible right to institute government; and to reform, alter or totally change the same, when their protection, safety, prosperity and happiness require it. to secure rotation VIII. In order to prevent those who are vested with Right of people authority, from becoming oppressors, the people have a in office. right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments. the qualifications All, having IX. All elections ought to be free; and all the inhabiprescribed,equal tants of this Commonwealth, having such qualifications as ly eligible to ofthey shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. fice. Right of protec relative. on consent. X. Each individual of the society has a right to be procontribution cor- tected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, Taxation founded to contribute his share to the expense of this protection; to give his personal service, or an equivalent, when necessary: but no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. In fine, the people of this Commonwealth are not controllable by any other laws than those to which their. constitutional representative body have given their consent. Private property And whenever the public exigencies require that the property for public uses of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. not to be taken without, &c. course to the law, Remedies by re- XI. Every subject of the Commonwealth ought to find to be free, com a certain remedy, by having recourse to the laws, for all plete and prompt injuries or wrongs which he may receive in his person, Prosecutions reg. ulated. Right to trial by jury, in criminal property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay, conformably to the laws. XII. No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself: and every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election. And no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privileges, put out of the protection of the law, exiled or deprived of his life, liberty or estate, but by the judgment of his peers, or the law of the land. And the legislature shall not make any law that shall cases, except, &c. subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury. Crimes to be proved in the vicinity. XIII. In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty and property of the citizen. |