Слике страница
PDF
ePub

A

MASSACHUSETTS.

Conflitution, or Frame of Government, ogreed upon by the Delegates of the People of the State of MASSACHUSETTS BAY, in Convention, begun and held at Cambridge, on the aft day of September 1779, and continued by adjourn. ments to the 2d of March 1780.

THE

PREAMBLE.

HE end of the inftitution, maintenance, and adminiftration of Government, is to fecure the exiftence of the body politic, to protect it, and to furnish the individuals who compofe it, with the power of enjoying, in fafety and tranquility, their natural rights, and the bleflings of life; and whenever thefe great objects are not obtained, the people have a right to alter the government, and to take meafures neceffary for their fafety, profperity, and happiness.

The body politic is formed by a voluntary affociation of individuals. It is a focial compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all fhall be govern ed by certain laws for the common good. It is the duty of the people, therefore, in framing a conftitution 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 fecurity in them.

We, therefore, the People of. Maffachusetts, acknowledging with gratefui hearts, the goodness of the Great Legislator of the Univerfe, in affording us, in the courfe of his providence, an opportunity, deliberatelyand peaceably, without fraud, violence, or furprife, of entering into an original, explicit, and folemn compact with each other-and of forming a new conftitution of civil government, for ourselves and pofterity;-and devourly imploring his direction in fo interefting a defign, do agree upon, ordain, and establish, the following Declaration of Rights, and frame of government, as the Conftitution of the Commonwealth of Maffachufetts.

[ocr errors]
[blocks in formation]

A Declaration of Rights of the Inhabitants of the Commonwealth of Missachusetts.

ART. I. All men are born free and equal, and have certain natural, effential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, poffeffing, and protecting property; in fine, that of feeking and obtaining their fafety and happiness.

II. It is the right, as well as the duty of all men in fociety, publicly, and at flated feafons, to worship the Supreme Being, the GreatCreator and Preferver of the Universe. And no fubject fhall be hurt, molested, or reftrained, in his perfon, liberty or effate, for worfhipping God in the manner and feafon moft agreeable to the dictates of his own confcience; or for his religious profeffion or fentiments-provided he doth not difturb the public peace, or obftruct others in their religious worship.

III. As the happiness of the people, and the good order and prefervation of civil government, effentially depend upon piety, religion and morality; and as thefe cannot be generally diffused through a community, but by the inftitution of the public worship of God, and of public inftructions in piety, religion, and morality:Therefore, to promote their happiness, and to secure the good order and prefervation of their government, the people of this Commonwealth have a right to invest their Legiflature with power to authorife and require, and the Legislature fhall, from time to time, authorife and require the feveral towns, parishes, precincts, and other bodies politic, or religious focieties, to make fuitable provifion, at their own expence, for the inftitu tion of the public worship of God, and for the support and maintenance of public Proteftant teachers of piety, religion, and morality, in all cafes where fuch provifion fhall not be made voluntarily.

And the People of this Commonwealth have allo a right to, and do, inveft their Legislature with autho rity, to enjoin, upor all the fubjects, an attendance upon the inftructions of their public teachers, as aforefaid,

C 2

at

at stated times and feafons, if there be any, on whofe inftructions they can confcientiously and conveniently attend;

Provided notwithstanding, that the feveral towns, parithes, precincts, and other bodies politic or religious focieties, fhall, at all times, have the exclufive right of electing their public teachers, and of contracting with them for their fupport and maintenance.

And all monies, paid by the fubject, to the fupport of public worship, and of the public teachers aforefaid, thall, if he require it, be uniformly applied to the fupport of the public teacher, or teachers, of his own religious fect or denomination, provided there be any, on whose instructions he attends, otherwise it may be paid towards the fupport of the teacher, or teachers, of the parith, or precinct, in which the faid monies is raised.

And every denomination of Chriftians, demeaning themselves peaceably, and as good subjects of the Commonwealth, fhall be equally under the protection of the Law; and no fubordination of any one fect or denomination to another, shall ever be established by law.

IV. The People of this Commonwealth have the fole and exclufive right of governing themselves, as a free, fovereign, and independennt State; and do, and forever hereafter fhall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not hereafter, be by them exprefsly delegated to the United States of America in Congrefs affembled,

V. All power refiding originally in the People, and being derived from them-the feveral magistrates, and officers of government, vefted with authority, whether legiflative, executive, or judicial, are their fubftitutes and agents, and are, at all times, accountable to them.

VI. No man, or corporation, or affociation of men, have any other title, to obtain advantages, or particular and exclufive privileges, diftinct from thofe of the community, than what arifes from the confideration of fervices rendered to the public. And this title being, in nature, neither hereditary, nor tranfmiffible to children, or defcendants, or relations by blood,-the idea of a man born a magiftrate, law-giver, or judge, is abfurd and unnatural.

Go

VII. Government is inflituted for the common good; for the protection, fafety, profperity, and happiness of the People: and not for the profit, honour, or private interest of any one man, family, or clafs of men.Therefore the people alone have an inconteftible, unalienable, and indefeasible right, to inftitute government, and to reform, alter, or totally change the fame, when their protection, fafety, profperity and happiness, require it.

VIII. In order to prevent thofe, who are vefted with authority, from becoming oppreffors, the people have a right at fuch periods, and in fuch 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.

IX. All elections ought to be free; and all the inhabitants of this Commonwealth, having fuch qualifications, as they fhall eftablish by their frame of Government, have an equal right, to elect officers, and to be elected for public employments.

X. Each individual of the fociety has a right, to be protected by it, in the enjoyment of his life, liberty, and property, according to itanding laws. He is oblig ed, confequently, to contribute his fhare to the expence of this protection; to give his perfonal fervice, or an equivalent, when neceffary. But no part of the property of any individual can, with juftice, be taken from him, or applied to public ufes, without his own confent, or that of the reprefentative body of the people. In fine, the People of this Commonwealth are not controllable by any other laws, than those to which their conftitutional reprefentative body have given their confent. And whenever their public exigencies require that the property of any individual fhould be appropriated to public ufes, he fhall receive a reasonable compenfation therefor.

XI. Every fubject of the Commonwealth ought to find a certain remedy, by having recourfe to the laws for, all injuries or wrongs, which he may receive, in his perion, property, or character, He ought to ob

tain

tain right and juftice freely, and without being obliged to purchase it completely, and without any denial→→→ promptly, and without delay-conformable to the laws.

XII. No fubject thall be held to answer for any crime or offence, until the lame is fully and plainly, fubftantially and formally, defcribed to him; or be compelled to accufe, or furnish evidence againft himself, And every fubject fhall have a right to produce all proofs that may be favourable to him; to meet the witnelles against him, face to face, and to be fully heard in his defence, by himself or his council, at his election. And no fubject fhall be arrested, imprisoned or defpoiled, or de prived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or eftate, but by the judgment of his peers, or the law of the land.

And the Legislature fhall not make any law, that fhall fubject any perfon to a capital or infamous punishment, (excepting for the government of the army and navy) without trial by jury.

XIII. In criminal profecutions, the verification of facts, in the vicinity where they happen, is one of the greateft fecurities of the life, liberty and property of

the Citizen.

XIV. Every fubject has a right to be fecure from all unreasonable fearches, and feizures, of his perfon, his houles, his papers, and his poffeffions. All warrants, therefore, are contrary to this right, if the caufe or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make fearch in all fufpected places, or to arreft one or more suspected perfons, or to feize their property, be not accompanied with a fpecial defignation of the perfons or objects of fearch, arreft, or feizure. And no warrant ought to be iffued, but in cafes, and with the formalities, prefcribed by the laws.

XV. In all controverties concerning property, and in all fuits between two or more perfons, (except in cafes, in which it has heretofore been otherwife ufed and practifed) the parties have a right to a trial by jury, and this method of procedure fhall be held facred; un

lefs

« ПретходнаНастави »