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- CONSTITUTION OF THE STATE OF MASSACHUSETTES
-
- PREAMBLE
-
- The end of the institution, maintenance and administration
- of government, is to secure the existence of the body poli-
- tic, to protect it, and to furnish the individuals who com-
- pose it, with the power of enjoying in safety and tranquil-
- ity 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. The
- Body-Politic is formed by a voluntary association of indi-
- viduals: 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 time, find his security in them. WE, there-
- fore, the people of Massachusettes, 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 surprize, or entering into an Original, expli-
- cit, 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 inter-
- esting a Design, DO agree upon, ordain and establish, the
- following DECLARATION OF RIGHTS, AND FRAME OF GOVERNMENT, as
- the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTES.
-
- PART THE FIRST
-
- A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE
- COMMONWEALTH OF MASSACHUSETTES.
-
- Art. 1. All men are born free and equal, and have certain natural,
- essential, and unalienable rights; among which may be reck-
- oned 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.
-
- Art. 2. It is the right as well as the duty of all men in society,
- publickly, 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.
-
- Art. 3. [As the happiness of a people, and the good order and pre-
- servation of civil government, essentially depend upon pi-
- ety, 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 happi-
- ness and to secure the good order and preservation of their
- government, the people of this Commonwealth have a right to
- invest their Legislature with power to authorize and re-
- quire, and the Legislature shall, from time to time, author-
- ize and require, the several Towns, Parishes, precincts, and
- other bodies politic, or religious societies, to make suit-
- able provision, at their own expense, for the institution of
- the Public worship of God, and for the support and mainten-
- ance of public protestant teachers of piety, religion and
- morality, in all cases where such provision shall not be
- made Voluntarily. And the people of this Commonwealth have
- also a right to, and do, invest their Legislature with au-
- thority to enjoin upon all the subjects an attendance upon
- the instructions of the public teachers aforesaid, at stated
- times and seasons, if their be any on whose instruction they
- can Conscientiously and conveniently attend - Provided not-
- withstanding, that the several towns, parishes, precincts,
- and other bodies politic, or religious societies, shall, at
- all times, have the exclusive right of electing their public
- teachers, and of contracting with them for their support and
- maintenance. And all monies, paid by the subject to the sup-
- port of the public worship, and of the public teachers
- aforesaid, shall, if he require it, be uniformly applied
- to the support of the public teacher or teachers of his own
- religious sect or denomination, provided there be any on
- whose instructions he attends; otherwise it may be paid to-
- wards the support of the teacher or teachers of the parish
- or precinct in which the said monies are raised. And every
- denomination of Christians, demeaning themselves peaceably,
- and as good subjects of the Commonwealth, shall be equally
- under the protection of the law: And no subordination of
- any one sect or denomination to another shall ever be estab-
- lished by law.] NOTE - Art. XI, substituted for this.
-
- Sec. 4. The people of this Commonwealth have the sole and exclusive
- right of governing themselves, as a free, sovereign, and in-
- dependent State; and do, and forever hereafter shall, exer-
- cise 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.
-
- Sec. 5. All power residing originally in the people, and being de-
- rived 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.
-
- Sec. 6. No man, nor Corporation, or association of men, have any
- other title to obtain advantages, or particular and exclu-
- sive privileges, distinct from those of the Community, than
- what arises from the consideration of services rendered to
- the public; and this title being in nature neither heredit-
- ary, nor transmissible to children, or descendants, or rela-
- tions by blood, the idea of a man born a magistrate, law-
- giver, or judge, is absurd and unnatural.
-
- Sec. 7. Government is instituted for the Common good; for the pro-
- tection, 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 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.
-
- Sec. 8. 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 re-
- turn to private life; and to fill up vacant places by cer-
- tain and regular elections and appointments.
-
- Sec. 9. All elections ought to be free; and all the inhabitants of
- this Commonwealth, having such qualifications as they shall
- establish by their frame of government, having an equal
- right to elect officers, and to be elected, for public
- employments.
-
- Sec. 10. Each individual of the society has a right to be protected
- by it in the enjoyment of his life, Liberty and property,
- according to standing laws. He is obliged, Consequently, 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, with-
- out 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 then those to which their
- Constitutional Representative body have given their consent.
- And whenever the public exigencies require, that the proper-
- ty of any individual should be apportioned to public uses,
- he shall receive a reasonable compensation therefor.
-
- Sec. 11. Every subject of the Commonwealth ought to find 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 without delay; conformably
- to the laws.
-
- Sec. 12. No subject shall be held to answer for any Crimes or of-
- fence, 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 fav-
- orable to him; to meet the witnesses against him face to
- face, and to be fully heard in his defence by himself, or
- his council, at his election. And no subject shall be ar-
- rested, 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 judgement of his peers, or the law of the land.
- And the Legislature shall not make any law, that shall
- subject any person to a capital or infamous punishment,
- excepting for the government of the army and navy, without
- trial by jury.
-
- Sec. 13. In criminal prosecutions, the verification of facts in the
- vicinity where they happen, is one of the greatest securi-
- ties of the life, liberty, and property of the citizen.
-
- Sec. 14. Every subject has a right to be secure from all unreasonable
- searches, and seizures, of his person, his houses, his pa-
- pers, and all his possessions. All warrants, therefore, are
- contrary to this right, if the cause or foundation of them
- be not previously supported by oath or affirmation; and if
- the order in the warrant to a civil Officer, to make search
- in suspected places, or to arrest one or more suspected per-
- sons, or to seize their property, be not accompanied 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.
-
- Sec. 15. In all controversies concerning property, and in all suits
- between two or more persons, except in cases in which it has
- heretofore been otherwise used and practiced, the parties
- have a right to a trial by jury; and this method of proce-
- dure shall be held sacred, unless, in causes arising on the
- high seas, and such as relate to mariners wages, the Legis-
- lature shall hereafter find it necessary to alter it.
-
- Sec. 16. [The Liberty of the press is essential to the security of
- freedom in a state: it ought not, therefore, to be re-
- strained in this Commonwealth.] ADDED - The right of free
- speech shall not be abridged.
-
- Sec. 17. The people have a right to keep and to bear arms for the
- common defence. And as, in time of peace, armies are
- dangerous to liberty, they ought not to be maintained
- without the consent of the Legislature; and the military
- power shall always be held in an exact subordination to the
- Civil authority, and be governed by it.
-
- Sec. 18. 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 attention to all
- those principles, in the choice of their Officers and Repre-
- sentatives: and they have a right to require of their law-
- givers and magistrates, an exact and constant observance of
- them, in the formation and execution of the laws necessary
- for the good administration of the Commonwealth.
-
- Sec. 19. The people have a right, in an orderly and peaceable manner,
- to assemble to consult upon the common good: give instruc-
- tions to their Representatives, and to request of the Leg-
- islative body, by the way of addresses, petitions, or remon-
- strances, redress of the wrongs done them, and of the griev-
- ances they suffer.
-
- Sec. 20. The power of suspending laws, or the execution of the laws,
- ought never to be exercised but by the Legislature, or by
- authority derived from it, to be exercised in such particu-
- lar cases only as the Legislature shall expressly provide
- for.
-
- Sec. 21. The freedom of deliberation, speech and debate, in either
- house of the Legislature, is so essential to the rights of
- the people, that it cannot be the foundation of any accusa-
- tion or prosecution, action or complaint, in any other court
- or place whatsoever.
-
- Sec. 22. 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.
-
- Sec. 23. No subsidy, charge, tax, impost, or duties, ought to be es-
- tablished, fixed, laid, or levied, under any pretext whatso-
- ever, without the consent of the people or their Representa-
- tives in the Legislature.
-
- Sec. 24. Laws made to punish for actions done before the existence of
- such laws, and which have not been declared crimes by pre-
- ceding laws, are unjust, oppressive, and inconsistent with
- the fundamental principles of a free government.
-
- Sec. 25. No subject ought, in any case, or in any time, to be de-
- clared guilty of treason or felony by the Legislature.
-
- Sec. 26. No magistrate or court of law, shall demand excessive bail
- or sureties, impose excessive fines, or inflict cruel or
- unusual Punishments.
-
- Sec. 27. In time of peace, no soldier ought to be quartered in any
- house without the consent of the owner; and in time of war,
- such quarters ought not to be made but by the civil magis-
- trate, in a manner ordained by the Legislature.
-
- Sec. 28. No person can in any case be subjected to law martial, or to
- any penalties or pains, by virtue of that law, except those
- employed in the army or navy, and except the militia in ac-
- tual service, but by authority of the Legislature.
-
- Sec. 29. It is essential to the preservation of the rights of every
- individual, his life, liberty, property and character, that
- there be an impartial interpretation of the laws, and admin-
- istration of justice. It is the right of every citizen to
- be tried by judges as free, impartial and independent as the
- lot of humanity will admit. It is, therefore, not only the
- best policy, but for the security of the rights of the peo-
- ple, 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 laws.
-
- Sec. 30. In the government of this Commonwealth, the Legislative de-
- partment shall never exercise the executive and judicial
- powers, or either of them: The executive shall never exer-
- cise the Legislative and judicial powers, or either of them:
- The judicial shall never exercise the Legislative and execu-
- tive powers, or either of them: to the end it may be a gov-
- ernment of laws and not of men.
-
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