A CONSTITUTION OR FORM OF GOVERNMENT FOR The Commonwealth of Massachusetts [REARRANGEMENT.] PREAMBLE. government. The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity 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. Its nature. The body politic is formed by a voluntary association Body politic, of individuals: it is a social compact, by which the whole how formed. 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 times, find his security in them. established The Common sachusetts. We, therefore, the people of Massachusetts, inhabiting the Body politic territory formerly called the Province of Massachusetts under the Bay, acknowledging, with grateful hearts, the goodness of name of the Great Legislator of the universe, in affording us, in the wealth of Mascourse of His providence, an opportunity, deliberately and peacefully, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil govern Equality and natural rights of all men. Right and duty of public religious worship. Protection therein. Religious freedom established. ment, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do hereby solemnly and mutually agree with each other, to form ourselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts, and do agree upon, ordain, and establish, the following DECLARATION OF RIGHTS, AND FRAME OF GOVERNMENT, AS THE CONSTITUTION thereof. A DECLARATION OF THE RIGHTS OF THE IN- ARTICLE 1. All men are born free and equal, and have certain natural, 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. ART. 2. It is the right as well as the duty of all men in society, publicly, 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. Section 1. As the public worship of GOD and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society; and all religious sects and denominations, demeaning themselves peaceably, and as good citizens 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. Section 2. No law shall be passed prohibiting the free exercise of religion. T No law to pro hibit free exercise of religion. Public money not to be ex educational, other institu under public ownership and control, etc. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be pended to aid appropriated by the commonwealth for the support of com- charitable, mon schools shall be applied to, and expended in, no other religious or schools than those which are conducted according to law, tions not wholly under the order and superintendence of the authorities of the town or city in which the money is expended; and no grant, appropriation or use of public money or property or loan of public credit shall be made or authorized by the commonwealth or any political division thereof for the purpose of founding, maintaining or aiding any school or institution of learning, whether under public control or otherwise, wherein any denominational doctrine is inculcated, or any other school, or any college, infirmary, hospital, institution, or educational, charitable or religious undertaking which is not publicly owned and under the exclusive control, order and superintendence of public officers or public agents authorized by the commonwealth or federal authority or both, except that appropriations may be made for the mainte- Exceptions. nance and support of the Soldiers' Home in Massachusetts and for free public libraries in any city or town, and to carry out legal obligations, if any, already entered into; and no such grant, appropriation or use of public money or property or loan of public credit shall be made or authorized for the purpose of founding, maintaining or aiding any church, religious denomination or society. in private are public Nothing herein contained shall be construed to prevent Care or support the commonwealth, or any political division thereof, from hospitals, etc., paying to privately controlled hospitals, infirmaries, or in- of persons who stitutions for the deaf, dumb or blind not more than the charges. ordinary and reasonable compensation for care or support actually rendered or furnished by such hospitals, infirmaries or institutions to such persons as may be in whole or in part unable to support or care for themselves. Nothing herein contained shall be construed to deprive Inmates of cerany inmate of a publicly controlled reformatory, penal or institutions tain public not to be deprived of religious exercises of their own faith; nor attend religious compelled to services, etc., against their will, etc. Right of self government secured. Accountability of all officers, etc. Services public being the only title to peculiar privileges, hereditary offices are absurd and unnatural. charitable institution of the opportunity of religious exercises therein of his own faith; but no inmate of such institution shall be compelled to attend religious services or receive religious instruction against his will, or, if a minor, without the consent of his parent or guardian. ART. 4. The people of this commonwealth have the sole and 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. ART. 5. All power residing originally in the people, and being derived 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. ART. 6. No man, nor corporation, or association of men, rendered to the have any other title to obtain advantages, or particular and exclusive 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 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. Objects of government; right of people and change it. to institute Right of people to secure rotation in office. All, having the qualifications prescribed, equally eligible to office. For the definition of "inhabitant," see Art. 46. ART. 7. 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 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. ART. 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 return to private life; and to fill up vacant places by certain and regular elections and appointments. ART. 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, have an equal right to elect officers, and to be elected, for public employments. protection and contribution founded on ART. 10. Each individual of the society has a right to be Right of protected by it in the enjoyment of his life, liberty, and duty of property, according to standing laws. He is obliged, con- correlative. sequently, to contribute his share to the expense of this Taxation protection; to giye his personal service, or an equivalent, consent. 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 representative body have given their consent. And whenever the public exigencies require Private propthat the property of any individual should be appropriated taken for to public uses, he shall receive a reasonable compensation public uses therefor. without, etc. recourse to the complete and ART. 11. Every subject of the commonwealth ought to Remedies, by find a certain remedy, by having recourse to the laws, for law, to be free, all injuries or wrongs which he may receive in his person, prompt. 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. ART. 12. No subject shall be held to answer for any Prosecutions crimes or offence, until the same is fully and plainly, sub- regulated. stantially 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 Right to trial legislature shall not make any law that shall subject any criminal cases, person to a capital or infamous punishment, excepting for except, etc. the government of the army and navy, without trial by jury. by jury in habeas corpus except, etc. The privilege and benefit of the writ of habeas corpus shall Benefit of be enjoyed in this commonwealth, in the most free, easy, secured, cheap, expeditious, and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. |