tendance there

on.

And the people of this Commonwealth have also a right to, and do, and to enjoin atinvest 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

them for their support and maintenance.

teachers

to

whom parochial

And all moneys, paid by the subject, to the support of public worship, Option as and of the public teachers aforesaid, shall, if he require it, be uniformly taxes may be 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.

protected.

And every denomination of Christians, demeaning themselves peace- All denominaably, and as good subjects of the Commonwealth, shall be equally under tions equally the protection of the law: and nosubordination of any one sect or denom- Subordination of ination to another shall ever be established by law.]

one sect to another prohibited.

IV. The people of this Commonwealth have the sole and Right of self-gov

exclusive 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.

ernment secured.

V. All power residing originally in the people, and being Accountability of derived from them, the several magistrates and officers of all officers, &c. government, vested with authority, whether legislative, executive or judicial, are their substitutes and agents, and are at all times accountable to them.

to the public be

to peculiar privi

and unnatural.

VI. No man, nor corporation or association of men, have Services rendered any other title to obtain advantages, or particular and exclu- ing the only title sive privileges, distinct from those of the community, than leges, hereditary what arises from the consideration of services rendered to offices are absurd 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

it.

VII. Government is instituted for the common good; for Objects of govthe protection, safety, prosperity and happiness of the people; of people to inand not for the profit, honor or private interest of any one stitute and Jaan, 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.

VIII. In order to prevent those who are vested with Right of people authority from becoming oppressors, the people have a right tion in office. at such periods and in such manner as they shall establish

All, having the qualifications

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 inhabiprescribed, equal- tants of this Commonwealth, having such qualifications as

ly eligible to office.

tion and duty of

relative.

ed on consent.

they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments.

Right of protec- 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, to contribute his share to the expense of this protection; to give Taxation found 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 Private property representative body have given their consent. And whenfor public uses ever the public exigencies require that the property of any without, &c. individual should be appropriated to public uses, he shall

not to be taken

course to the law,

receive a reasonable compensation therefor.

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, 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.

Prosecutions regulated.

Right to trial by jury, in criminal

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 subcases, except, &c. ject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.

proved in the

XIII. In criminal prosecutions, the verification of facts, Crimes to be in the vicinity where they happen, is one of the greatest vicinity. securities of the life, liberty and property of the citizen.

and seizure regu

XIV. Every subject has a right to be secure from all Right of search unreasonable searches and seizures of his person, his houses, lated. his papers, 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 persons, 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.

XV. In all controversies concerning property, and in all Right to trial by jury sacred, exsuits between two or more persons, except in cases in which cept, &c. it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.

XVI. The liberty of the press is essential to the security Liberty of the of freedom in a State: it ought not, therefore, to be restrained press. in this Commonwealth.

and bear arms.

XVII. The people have a right to keep and to bear arms Right to keep for the common defence. And as, in time of peace, armies Standing armies are dangerous to liberty, they ought not to be maintained dangerous. Miliwithout the consent of the legislature; and the military ordinate to civil. power shall always be held in an exact subordination to the

civil authority, and be governed by it.

power sub

tions for office.

XVIII. A frequent recurrence to the fundamental prin- Moral qualificaciples 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 representatives: and they have a right to require of their lawgivers Moral obligations and magistrates, an exact and constant observance of them, magistrates. in the formation and execution of the laws necessary for the good administration of the Commonwealth.

of lawgivers and

XIX. The people have a right, in an orderly and peace- Right of people able manner, to assemble to consult upon the common good; resentatives and give instructions to their representatives, and to request of petition legislathe legislative body, by the way of addresses, petitions or

Power to suspend the laws or their execution.

Freedom of debate, &c., and reason thereof.

Frequent sessions, and objects thereof.

Taxation founded on consent.

Ex post facto laws prohibited.

Legislature not to convict of treason, &c. Excessive bail or fines, and cruel punishments prohibited.

No soldier to be quartered in any

remonstrances, redress of the wrongs done them, and of the grievances they suffer.

XX. The power of suspending the 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 particular cases only as the legislature shall expressly provide for.

XXI. 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 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, ought to be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature.

XXIV. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive and inconsistent with the fundamental principles of a free government. XXV. No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature. XXVI. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

XXVII. In time of peace, no soldier ought to be quarhouse, unless, &c. tered 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 magistrate, in a manner ordained by the legislature.

Citizens exempt from law-mar

XXVIII. No person can in any case be subjected to lawtial, unless, &c. 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 actual service, but by authority of the legislature. XXIX. 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 administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the

Judges of supreme judicial court.

Tenure of their lot of humanity will admit. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave them

selves well, and that they should have honorable salaries Salaries. ascertained and established by standing laws.

ecutive, judicial, legislative

XXX. In the government of this Commonwealth, the Separation of exlegislative department shall never exercise the executive and and judicial powers, or either of them: the executive shall never departments. exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws, and not of men.

PART THE SECOND.

The Frame of Government.

The people, inhabiting the territory formerly called the Title of body Province of Massachusetts Bay, do hereby solemnly and politic. 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.

CHAPTER I.

THE LEGISLATIVE POWER.

SECTION I.

The General Court.

partment.

ART. I. The department of legislation shall be formed Legislative deby 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 see amendments, last Wednesday in May, and at such other times as they Art. X. 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 represen- Governor's veto.. tatives shall become a law, and have force as such, until it shall 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