ART. 10. Each individual of the society has a right to be Right of protection and protected by it in the enjoyment of his life, liberty, and duty of contribution property, according to standing laws. He is obliged, con- correlative. sequently, to contribute his share to the expense of this founded on protection; to give 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 erty not to be 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 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 except, etc. suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. Crimes to be proved in the vicinity. Right of search and seizure regulated. Const. of U. S., Amendment IV. Right of trial by jury etc. Const. of U. S., Amendment VII. ART. 13. In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen. ART. 14. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, 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. ART. 15. In all controversies concerning property, and in sacred, except, all suits between two or more persons, except in cases in which 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. Liberty of the press. Right to keep and bear arms. Standing armies danger ART. 16. 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. ART. 17. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, ous. Military 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. power subor dinate to civil. Moral qualifications for office. Moral obligations of lawgivers and magistrates. Right of people to instruct ART. 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 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. ART. 19. The people have a right, in an orderly and representatives peaceable manner, to assemble to consult upon the common legislature. good; give instructions to their representatives, and to re and petition quest of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer. or their ART. 20. The power of suspending the laws, or the execu- Power to sustion of the laws, ought never to be exercised but by the pend the laws legislature, or by authority derived from it, to be exercised execution. in such particular cases only as the legislature shall expressly provide for. and reason therefor. ART. 21. The freedom of deliberation, speech, and de- Freedom of bate, in either house of the legislature, is so essential to the debate, etc., 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. sessions, and ART. 22. The legislature ought frequently to assemble Frequent for the redress of grievances, for correcting, strengthening, objects thereof. and confirming the laws, and for making new laws, as the common good may require. founded on ART. 23. No subsidy, charge, tax, impost, or duties Taxation ought to be established, fixed, laid, or levied, under any pre- consent. text whatsoever, without the consent of the people or their representatives in the legislature. laws prohibited. ART. 24. Laws made to punish for actions done before Ex post facto 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 gov ernment. not to convict ART. 25. No subject ought, in any case, or in any time, Legislature to be declared guilty of treason or felony by the legislature. of treason, etc. ART. 26. No magistrate or court of law shall demand Excessive excessive bail or sureties, impose excessive fines, or inflict and cruel cruel or unusual punishments. bail or fines, punishments, prohibited. be quartered ART. 27. In time of peace, no soldier ought to be quartered No soldier to in any house without the consent of the owner; and in time in any house, of war, such quarters ought not to be made but by the civil unless, etc. magistrate, in a manner ordained by the legislature. exempt from ART. 28. No person can in any case be subject to law- Citizens martial, or to any penalties or pains, by virtue of that law, law-martial, except those employed in the army or navy, and except the unless, etc. militia in actual service, but by authority of the legislature. supreme ART. 29. It is essential to the preservation of the rights Judges of of every individual, his life, liberty, property, and character, judicial court. 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 Separation of executive, judicial, and legislative departments. Qualifications of voters for governor, lieutenantgovernor, senators and the 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 themselves well; and that they should have honorable salaries ascertained and established by standing laws. ART. 30. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never 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. THE FRAME OF GOVERNMENT. SUFFRAGE. ELECTIONS. TERMS OF OFFICE. ART. 31. Every male citizen of twenty-one years of age and upwards, excepting paupers and persons under guardianship, and persons temporarily or permanently disqualirepresentatives. fied by law because of corrupt practices in respect to elections, who shall have resided within the commonwealth one year, and within the city or town in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, shall have a right to vote in such election of governor, lieutenant-governor, senators, and representatives; and no other person shall be entitled to vote in such election. Reading con- writing, neces- Person who served in army or navy, qualified from etc., not dis voting for receiving mu- payment of Voters not disqualified by reason of ART. 32. No person shall have the right to vote, or be eligible to office under the constitution of this commonwealth, who shall not be able to read the constitution in the English language, and write his name: provided, however, that these provisions shall not apply to any person prevented by physical disability from complying with them, nor to any person who had the right to vote when these provisions were adopted. ART. 33. No person having served in the army or navy of the United States in time of war, and having been honorably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of receiving or having received aid from any city or town, or because of the non-payment of a poll tax. ART. 34. No person, otherwise qualified to vote in elections for governor, lieutenant-governor, senators, and repre residence until from time of removal. sentatives, shall, by reason of a change of residence within change of the commonwealth, be disqualified from voting for said six months officers in the city or town from which he has removed his residence, until the expiration of six calendar months from the time of such removal. to provide by voting. ART. 35. The general court shall have power to provide General court by law for voting by qualified voters of the commonwealth law for absent who, at the time of an election, are absent from the city or town of which they are inhabitants, in the choice of any officer to be elected or upon any question submitted at such election. votes shall ART. 36. In all elections of civil officers by the people of Plurality of this commonwealth, whose election is provided for by the elect by the constitution, the person having the highest number of votes shall be deemed and declared to be elected. people. machines Compulsory ART. 37. Voting machines or other mechanical devices Voting for voting may be used at all elections under such regulations permitted at as may be prescribed by law, and the general court shall elections. have authority to provide for compulsory voting at elections; compu provided that the right of secret voting shall be preserved. Proviso. ART. 38. The general court shall have full power and Voting precincts authority to provide for the inhabitants of the towns in this in towns. commonwealth more than one place of public meeting within the limits of each town for the election of officers under the constitution, and to prescribe the manner of calling, holding and conducting such meetings. election of councillors, shall be held. ART. 39. Beginning with the Tuesday next after the first Biennial Monday in November in the year nineteen hundred and state officers, twenty, the governor, lieutenant-governor, councillors, sec- senators and retary, treasurer, attorney-general, auditor, senators and rep- teves; when resentatives' shall be elected biennially, and thereafter elec- first election tions for the choice of these officers shall be held biennially on the Tuesday next after the first Monday in November. The governor, lieutenant-governor and councillors shall hold their respective offices from the first Wednesday in January succeeding their election to and including the first Wednesday in January in the third year following their election, and until their successors are chosen and qualified. The terms of senators and representatives shall begin with the first Wednesday in January succeeding their election and shall extend to the first Wednesday in January in the third year following their election. The terms of the secretary, Terms treasurer, attorney-general and auditor shall begin with the of office. third Wednesday in January succeeding their election and |