14 Equality and of all men. PART THE FIRST. A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. ART. I. All men are born free and equal, and have certain natural, natural rights 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. Right and duty of public reli Protection therein. 2 Cush. 104. II. It is the right as well as the duty of all men in society, pubgious worship. licly, 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. Amendment, Art. XI. substituted for this. Legislature empowered to compel provis ion for public worship; and to enjoin attendance there on. Exclusive right of electing religious teachers secured. Option as to taxes may be [III. As the happiness of a people, and the good order and preservation 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 happiness 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 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. And the people of this commonwealth have also a right to, and do, 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, 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 mainte nance. And all moneys, paid by the subject to the support of public worship, and of the whom parochial public teachers aforesaid, shall, if he require it, be uniformly applied to the support of paid, unless, &c. 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 towards 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 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 established by law.] All denomina- cured. IV. The people of this commonwealth have the sole and exclusive government se- 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. Accountability &c. V. All power residing originally in the people, and being derived of all officers, 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. Services render being the only VI. No man, nor corporation, or association of men, have any other ed to the public title to obtain advantages, or particular and exclusive privileges, distinct title to peculiar from those of the community, than what arises from the consideration privileges, hereditary offices of services rendered to the public; and this title being in nature neither are absurd and hereditary, nor transmissible to children, or descendants, or relations by annatural. blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural. VII. Government is instituted for the common good; for the pro- Objects of gov tection, safety, prosperity and happiness of the people; and not for the of people to inernment; right profit, honor, or private interest of any one man, family or class of men: stitute and Therefore the people alone have an incontestable, unalienable, and inde- change it. feasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require it. tion in office. VIII. In order to prevent those, who are vested with authority, from Right of people becoming oppressors, the people have a right, at such periods and in to secure rotasuch 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 All, having the qualifications commonwealth, having such qualifications as they shall establish by prescribed, their frame of government, have an equal right to elect officers, and to equally eligible be elected, for public employments. In fine, the to office. tion and duty of Taxationfound 7 Pick. 34. Pick. 418. 12 Pick. 181, 467. 16 Pick. 87. 4 Gray, 474. Private proper7 Gray, 363. ty not to be takee for public 23 Pick. 360. X. Each individual of the society has a right to be protected by it Right of protec in the enjoyment of his life, liberty and property, according to standing contribution laws. He is obliged, consequently, to contribute his share to the expense correlative. of this protection; to give his personal service, or an equivalent, when ed on consent. 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. 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 public exigencies require, that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor. XI. Every subject of the commonwealth ought to find a certain Remedies by reremedy, by having recourse to the laws, for all injuries or wrongs which law, to be free, he may receive in his person, property, or character. He ought to obtain complete and right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws. uses without, &c. course to the prompt. regulated. 10 Pick. 9. 2 Met. 329. Gray, 1 21 Pick. 542. 5 Gray, 160. XII. No subject shall be held to answer for any crimes or offence, Prosecutions until the same is fully and plainly, substantially and formally, described & Pick. 211. 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 subject any Right to trial person to a capital or infamous punishment, excepting for the govern- inal cases, exby jury, in crimment of the army and navy, without trial by jury. cept, &c. XIII. In criminal prosecutions, the verification of facts in the vicinity Crimes to be where they happen, is one of the greatest securities of the life, liberty, cinity. and property of the citizen. ulated. Amendments, XIV. Every subject has a right to be secure from all unreasonable Right of search searches, and seizures, of his person, his houses, his papers, and all his and seizure regpossessions. All warrants, therefore, are contrary to this right, if the Const. U. S., cause or foundation of them be not previously supported by oath or Art. IV. affirmation, and if the order in the warrant to a civil officer, to make 2 Met. 329. search in suspected places, or to arrest one or more suspected persons, i Gray, 1. or to seize their property, be not accompanied with a special designation 5 Cush. 369. Right to trial except, &c. 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 suits by Jury sacred, between two or more persons, except in cases in which it has heretofore Const. of U.S., 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. Amend't VII. 2 Pick. 382. 7 Pick. 366. 5 Gray, 144. Liberty of the press. Right to keep and bear arms. Standing armies dangerous. Military power subordinate to civil. 5 Gray, 121. Moral qualifications for office. Moral obliga tions of lawgivers and magis trates. Right of people to instruct rep resentatives and petition le gislature. Power to sus or their execu 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. XVII. 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. 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 attention to all those principles, in the choice of their officers and representatives: and they have a right to require of 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 commonwealth. XIX. The people have a right, in an orderly and peaceable 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. XX. The power of suspending the laws, or the execution of the pend the laws 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. tion. Freedom of debate, &c., and reason thereof. Frequent sessions, and objects thereof. Taxation found 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 estabed on consent. lished, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature. Ex post facto XXIV. Laws made to punish for actions done before the existence law's prohibited. 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. Legislature not to convict of treason, &c. Excessive bail or fines, and cruel punishments prohibited. 5 Gray, 482. No soldier to be quartered in any house, unless, &c. Citizens exempt 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 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 magistrate, in a manner ordained by the legislature. XXVIII. No person can in any case be subjected to law-martial, or from law-mar- to any penalties or pains, by virtue of that law, except those employed tial, unless, &c. in the army or navy, and except the militia in actual service, but by authority of the legislature. preme judicial court. XXIX. It is essential to the preservation of the rights of every Judges of suindividual, 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 lot of humanity will admit. It is, therefore, not Tenure of their 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 themselves well; and that they should have honorable salaries ascertained and established by Salaries. standing laws. office. executive, judi XXX. In the government of this commonwealth, the legislative Separation of department shall never exercise the executive and judicial powers, or cial, and legiseither of them: the executive shall never exercise the legislative and lative departjudicial powers, or either of them: the judicial shall never exercise the 2 Cush. 577. 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. ments. The people, inhabiting the territory formerly called the Province of Title of body Massachusetts Bay, do hereby solemnly and mutually agree with each politic. other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of THE COMMONWEALTH OF MASSACHU SETTS. CHAPTER I. THE LEGISLATIVE POWER. SECTION I. The General Court. ART. I. The department of legislation shall be formed by two Legislative debranches, a Senate and House of Representatives; each of which shall partment. have a negative on the other. The legislative body shall assemble every year on the last Wednesday in See amendMay, and at such other times as they shall judge necessary; and shall dis- ments, Art. X. solve 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 Governor's vebecome a law, and have force as such, until it shall have been laid before to. 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 Bill may be of representatives, shall, notwithstanding the said objections, agree to thirds of each pass the same, it shall, together with the objections, be sent to the other house, notwithbranch of the legislature, where it shall also be reconsidered, and if standing. approved by two-thirds of the members present, shall have the force of a law: but in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth. See amend ments, Art. I. 3 Mass. 567. General court And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. III. The general court shall forever have full power and authority may constitute to erect and constitute judicatories and courts of record, or other courts, judicatories, courts of rec- to be held in the name of the commonwealth, for the hearing, trying, ord, &c. and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same: whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and making out of execution thereupon. To which courts and may administer judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them. Courts, &c., oaths. General court &c., tion; the election or officers; duties; IV. And further, full power and authority are hereby given and may enact laws, granted to the said general court, from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalnot repugnant ties or without; so as the same be not repugnant or contrary to this to the constitu- constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of may provide for the government thereof; and to name and settle annually, or provide appointment of by fixed laws, for the naming and settling all civil officers within the said commonwealth; the election and constitution of whom are not hereafter in this form of government otherwise provided for; and to set prescribe their forth the several duties, powers and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not impose taxes, repugnant or contrary to this constitution; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said commonwealth; and also to impose, and levy, reasonable duties and excises, upon any produce, goods, wares, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. duties and excises, to be disposed protection, &c. of for defence, Valuation of es years, at least, while, &c. And while the public charges of government, or any part thereof, tates once in ten shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order. Senate, number of, and by whom elected. CHAPTER I. SECTION II. Senate. I. There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors and senators for the year enXIIL and XVI. suing their election; to be chosen by the inhabitants of the districts, See amend ments, Art. |