


                  CONSTITUTION OF THE STATE OF MASSACHUSETTES

                                    PREAMBLE

          The end of  the institution, maintenance  and administration
          of government, is to secure the existence of the body  poli-
          tic, to protect it, and to furnish the individuals who  com-
          pose it, with the power of enjoying in safety and  tranquil-
          ity 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. The
          Body-Politic is formed by  a voluntary association of  indi-
          viduals: It is a social  compact, by which the whole  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 time, find his security in them. WE,  there-
          fore,  the  people  of  Massachusettes,  acknowledging, with
          grateful hearts, the goodness of the Great Legislator of the
          Universe, in affording us, in the course of his  Providence,
          an opportunity, deliberately  and peaceably, without  fraud,
          violence or surprize, or  entering into an Original,  expli-
          cit, and Solemn  Compact with each  other; and of  forming a
          New  Constitution  of  Civil  Government,  for Ourselves and
          Posterity; and devoutly imploring His direction in so inter-
          esting a Design,  DO agree upon,  ordain and establish,  the
          following DECLARATION OF RIGHTS, AND FRAME OF GOVERNMENT, as
          the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTES.

                                 PART THE FIRST

             A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE
                       COMMONWEALTH OF MASSACHUSETTES.

Art. 1.   All men are  born free and equal, and have certain  natural,
          essential, and unalienable rights; among which may be  reck-
          oned 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,
          publickly,  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.   [As the happiness  of a people, and the good order  and pre-
          servation of civil  government, essentially depend  upon pi-
          ety, 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  happi-
          ness 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  re-
          quire, and the Legislature shall, from time to time, author-
          ize and require, the several Towns, Parishes, precincts, and
          other bodies politic, or religious societies, to make  suit-
          able provision, at their own expense, for the institution of
          the Public worship of God, and for the support and  mainten-
          ance 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  au-
          thority to enjoin upon  all the subjects an  attendance upon
          the instructions of the public teachers aforesaid, at stated
          times and seasons, if their be any on whose instruction they
          can Conscientiously and conveniently attend - Provided  not-
          withstanding, 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
          maintenance. And all monies, paid by the subject to the sup-
          port  of  the  public  worship,  and  of the public teachers
          aforesaid, shall,  if he  require it,  be uniformly  applied
          to the support of 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  to-
          wards the support of the  teacher or teachers of the  parish
          or precinct in which the said monies 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 estab-
          lished by law.] NOTE - Art. XI, substituted for this.

Sec.  4.  The people of this Commonwealth have the sole and  exclusive
          right of governing themselves, as a free, sovereign, and in-
          dependent State; and do, and forever hereafter shall,  exer-
          cise 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.

Sec. 5.   All power  residing originally in the people, and  being de-
          rived 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.

Sec. 6.   No man, nor  Corporation, or  association  of men, have  any
          other title to obtain  advantages, or particular and  exclu-
          sive 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  heredit-
          ary, nor transmissible to children, or descendants, or rela-
          tions by blood,  the idea of  a man born  a magistrate, law-
          giver, or judge, is absurd and unnatural.

Sec.  7.  Government is  instituted for the Common good; for  the pro-
          tection, 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.

Sec. 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 re-
          turn to private life; and  to fill up vacant places  by cer-
          tain and regular elections and appointments.

Sec. 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, having an equal
          right  to  elect  officers,  and  to  be elected, for public
          employments.

Sec. 10.  Each individual of  the society has a right to  be protected
          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 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, with-
          out 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 then those to which their
          Constitutional Representative body have given their consent.
          And whenever the public exigencies require, that the proper-
          ty of any individual  should be apportioned to  public uses,
          he shall receive a reasonable compensation therefor.

Sec. 11.  Every  subject of the Commonwealth  ought to find a  certain
          remedy, by having recourse to the laws, for all 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.

Sec. 12.  No subject shall  be held to  answer  for any  Crimes or of-
          fence, 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 fav-
          orable to  him; to  meet the  witnesses against  him face to
          face, and to  be fully heard  in his defence  by himself, or
          his council, at his election.   And no subject shall be  ar-
          rested, 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 judgement of his  peers, or the law of the  land.
          And  the  Legislature  shall  not  make  any law, that shall
          subject  any  person  to  a  capital or infamous punishment,
          excepting for the government  of the army and  navy, without
          trial by jury.

Sec. 13.  In criminal  prosecutions, the verification of facts  in the
          vicinity where they happen,  is one of the  greatest securi-
          ties of the life, liberty, and property of the citizen.

Sec. 14.  Every subject has a right to be secure from all unreasonable
          searches, and seizures, of  his person, his houses,  his pa-
          pers, 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 per-
          sons, 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.

Sec. 15.  In all  controversies concerning property, and in  all suits
          between two or more persons, except in cases in which it has
          heretofore been  otherwise used  and practiced,  the parties
          have a right to a trial  by jury; and this method of  proce-
          dure shall be held sacred, unless, in causes arising on  the
          high seas, and such as relate to mariners wages, the  Legis-
          lature shall hereafter find it necessary to alter it.

Sec. 16.  [The  Liberty of the press  is essential to the  security of
          freedom in  a state:   it ought  not, therefore,  to be  re-
          strained in this  Commonwealth.] ADDED -  The right of  free
          speech shall not be abridged.

Sec. 17.  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.

Sec. 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 Repre-
          sentatives:  and they have a right to require of their  law-
          givers 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.

Sec. 19.  The people have a right, in an orderly and peaceable manner,
          to assemble to consult  upon the common good:  give instruc-
          tions to their Representatives,  and to request of  the Leg-
          islative body, by the way of addresses, petitions, or remon-
          strances, redress of the wrongs done them, and of the griev-
          ances they suffer.

Sec. 20.  The power of suspending 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  particu-
          lar cases  only as  the Legislature  shall expressly provide
          for.

Sec. 21.  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  accusa-
          tion or prosecution, action or complaint, in any other court
          or place whatsoever.

Sec. 22.  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.

Sec. 23.  No subsidy, charge, tax, impost, or duties, ought to be  es-
          tablished, fixed, laid, or levied, under any pretext whatso-
          ever, without the consent of the people or their Representa-
          tives in the Legislature.

Sec. 24.  Laws made to punish for actions done before the existence of
          such laws, and which have  not been declared crimes by  pre-
          ceding laws, are  unjust, oppressive, and  inconsistent with
          the fundamental principles of a free government.

Sec. 25.  No subject  ought,  in any case,  or in any  time, to be de-
          clared guilty of treason or felony by the Legislature.

Sec. 26.  No magistrate or  court of law, shall demand excessive  bail
          or sureties,  impose excessive  fines, or  inflict cruel  or
          unusual Punishments.

Sec. 27.  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 magis-
          trate, in a manner ordained by the Legislature.

Sec. 28.  No person can in any case be subjected to law 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  ac-
          tual service, but by authority of the Legislature.

Sec. 29.  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 admin-
          istration 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 only  the
          best policy, but for the security of the rights of the  peo-
          ple, 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.

Sec. 30.  In the government of this Commonwealth, the Legislative  de-
          partment  shall  never  exercise  the executive and judicial
          powers, or either of them:  The executive shall never  exer-
          cise the Legislative and judicial powers, or either of them:
          The judicial shall never exercise the Legislative and execu-
          tive powers, or either of them: to the end it may be a  gov-
          ernment of laws and not of men.


