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Objects of gov. ernment; right of people to institute and change it.
to secure rota. tion in office.
born a magistrate, lawgiver, or judge, is absurd and unnatural.
VII. Government is instituted for the common good ; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men : Therefore the people alone have an incontestible, 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. Right of people VIII. In order to prevent those who are vested with
authority from becoming oppressors, the people have a 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 appoint
ments. All, having the IX. All elections ought to be free; and all the inhabqualifications
itants of this commonwealth, having such qualifications as equally eligible
they shall establish by their frame of government, have an tion of inhabit. equal right to elect officers, and to be elected, for public ant," see Ch. 1: employments.
X. Each individual of the society has a right to be tion and duty of
protected by it in the enjoyment of his life, liberty, and
property, according to standing laws. He is obliged, conTaxation found. sequently, 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 indiiz Pick 164,467. vidual 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. And whenever the pubtaken for public lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor. 16 Gray, 417,
122 Mass. 595, 596.
Sect. 2, Art. II.
16 Mass. 326. 1 Pick. 418. 7 Pick. 344. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, 154. 1 Allen, 150. 4 Allen, 474.
erty not to be
1 Allen, 150.
103 Mass. 120, 624.
113 Mans. 45. 127 Mass. 50, 52,
358, 363, 410, 413. 126 Mass. 428, 441. 129 Mass. 559.
Remedies, by recourse to the
complete and prompt.
XI. Every subject of the commonwealth ought to find law, to be free, a certain remedy, by having recourse to the laws, for all
injuries or wrongs which he may receive in his person, 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 with-
crimes Prosecutions or offence, until the same is fully and plainly, substantially, Piek. 211. and formally, described to him; or be compelled to accuse, 18 Pick: 434
. or furnish evidence against himself. And every subject 2 Pack 3:54.2. shall have a right to produce all proofs that may be 12. Cush. 246. favorable to him ; to meet the witnesses against him face 5 Gray, 180
. to face, and to be fully heard in his defence by himself, 10 Gray, 11. or his counsel, at his election. And no subject shall be 21.Gray, 3438. arrested, imprisoned, despoiled, or deprived of his prop- 240, 261, 233, erty, immunities, or privileges, put out of the protection 473. of the law, exiled, or deprived of his life, liberty, or 97 Mass. 570, estate, but by the judgment of his peers, or the law of 100 Mass. 287, the land.
12 Allen, 170.
107 Mass. 172, 180.
118 Mass. 443, 451.
122 Maks. 332.
127 Mass. 550, 554.
103 Mass. 418.
proved in the
And the legislature shall not make any law that shall Right to trial by subject any person to a capital or infamous punishment, cases, except, excepting for the government of the army and navy, with- & Gray, 329, 373. out trial by jury.
XIII. In criminal prosecutions, the verification of facts, Crimes to be in the vicinity where they happen, is one of the great- vicinity. est securities of the life, liberty, and property of the 121 Mass. 61, 62 citizen.
XIV. Every subject has a right to be secure from all right of search unreasonable searches, and seizures, of his person, his regulated. houses, his papers, and all his possessions. All warrants, Amend't iv. therefore, are contrary to this right, if the cause or founda- 3 Net 33% tion of them be not previously supported by oath or affir- izGry;.; mation, and if the order in the warrant to a civil officer, to 10 Allen, 403. make search in suspected places, or to arrest one or more 139. suspected persons, or to seize their property, be not accom- 279. panied with a special designation of the persons or objects of search, arrest, or seizure : and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.
XV. In all controversies concerning property, and in Right to trial by all suits between two or more persons, except in cases in crepe, seered, exwhich it has heretofore been otherways used and practised, Amend'r vii. the parties have a right to a trial by jury; and this method 3 Pick. 382. of procedure shall be held sacred, unless, in causes arising & Gray, 144. on the high seas, and such as relate to mariners' wages, 11 Allen, 574, the legislature shall hereafter find it necessary to alter it. 102 Mass. 45,
100 Mass. 136,
126 Mass. 269,
114 Mass. 388, 390.
122 Mass. 505, 516.
125 Mass. 182, 188.
Liberty of the press.
ordinate to civil.
tions for office.
to instruct rep.
XVI. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be
restrained in this commonwealth. Right to keep and bear arms.
XVII. The people have a right to keep and to bear Standing armies arms for the common defence. And as, in time of peace, itary power sub armies are dangerous to liberty, they ought not to be 5 Gray, 121. maintained without the consent of the legislature; and
the military power shall always be held in an exact subor
dination to the civil authority, and be governed by it. Moral qualifica XVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular atten
tion to all those principles, in the choice of their officers Moral obliga. and representatives : and they have a right to require of tions of lawgiv. ers and magis." their lawgivers and magistrates an exact and constant
observance of them, in the formation and execution of the laws necessary for the good administration of the common
wealth. Right of people XIX. The people have a right, in an orderly and peaceresentatives and able manner, to assemble to consult upon the common
good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done
them, and of the grievances they suffer. Power to sus.
XX. The power of suspending the laws, or the execupend the laws or their execution. tion of the laws, ought never to be exercised but by the
legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.
XXI. The freedom of deliberation, speech, and debate, reason thereof. in either house of the legislature, is so essential to the
rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.
XXII. The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws, as the common good may require.
XXIII. No subsidy, charge, tax, impost, or duties 8 Allen, 217. ought to be established, fixed, laid, or levied, under any
pretext whatsoever, without the consent of the people or their representatives in the legislature.
Freedom of de. bate, etc., and
Frequent ses. sions, and ob. jects thereof.
Taxation found. ed on consent.
prohibited. 5 Gray, 482.
XXIV. Laws made to punish for actions done before Et post facto the existence of such laws, and which have not been de- 12 Allen, 421, clared crimes by preceding laws, are unjust, oppressive, 424, 428, 434. and inconsistent with the fundamental principles of a free government.
XXV. No subject ought, in any case, or in any time, Legislature pot to be declared guilty of treason or felony by the legisla- treason, etc. ture.
XXVI. No magistrate or court of law shall demand Excessive bailor excessive bail or sureties, impose excessive fines, or inflict punishments, cruel or unusual punishments.
XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner; and quartered in any in time of war, such quarters ought not to be made but etc. by the civil magistrate, in a manner ordained by the legislature.
XXVIII. No person can in any case be subject to law- Citizens exempt martial, or to any penalties or pains, by virtue of that law, tial, unless, etc. except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.
XXIX. It is essential to the preservation of the rights Judges of suof every individual, his life, liberty, property, and charac- premte judicial ter, that there be an impartial interpretation of the laws, i Giray , 1972. and administration of justice. It is the right of every 4 Allen, 591
. citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, pendent as the lot of humanity will admit. It is, therefore, Tenure of their not only the best policy, but for the security of the rights office. of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries ascertained and established by standing Salaries. laws.
XXX. In the government of this commonwealth, the Separation of legislative department shall never exercise the executive executive, Judi. and judicial powers, or either of them : the executive shall lative departnever exercise the legislative and judicial powers, or either 2 Cush. 577. of them : the judicial shall never exercise the legislative 8 Allen, 247, 253, and executive powers, or either of them: to the end it may be a government of laws and not of men.
100 Mass. 282,
PART THE SECOND.
Title of body politic.
The Frame of Government. The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of THE COMMONWEALTH OF MASSACHUSETTS.
THE LEGISLATIVE POWER.
For change of time, etc., see amendments, Art. X.
Governor's veto. 99 Mass. 636.
The General Court. ARTICLE I. The department of legislation shall be formed by two branches, a Senate and House of Representatives ; each of which shall have a negative on the other.
The legislative body shall assemble every year (on the last Wednesday in May, and at such other times as they shall judge necessary; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May;] and shall be styled, THE GENERAL COURT OF MASSACHUSETTS.
II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shali have been laid before the governor for his revisal ; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve. But if after such reconsideration, two-thirds of the said senate or house of representatives, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of a law : but in all such cases,
Bill may be passed by two. thirds of each house, not with. standing.