               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-politic, to protect it, and to furnish 
the  individuals  who compose it,  with the power of enjoying in  safety  and 
tranquility  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 
individuals: 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, therefore, 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,  explicit,  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 interesting 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.

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.

Article  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.

Article  3.    [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  their  be  any  on  whose  instruction  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 
maintenance. And all monies, paid by the subject to the support 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 towards 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 established by law.] NOTE - Art. XI, substituted for this.

Section  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 in Congress assembled.

Section 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.

Section 6.   No man, nor Corporation,  or association of men,  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.

Section  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.

Section 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.

Section 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.

Section 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,  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 then 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 
apportioned  to  public  uses,  he shall receive  a  reasonable  compensation 
therefor.

Section  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.

Section  12.   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 council,  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 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.

Section  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.

Section  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.

Section  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 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.

Section  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.] ADDED - The right of free speech shall not be abridged.

Section 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.

Section  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.

Section 19.  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.

Section  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 particular cases only as the  Legislature 
shall expressly provide for.

Section 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  accusation  or  prosecution,  action  or 
complaint, in any other court or place whatsoever.

Section 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.

Section  23.   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.

Section  24.   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.

Section 25.  No subject ought,  in any case,  or in any time,  to be declared 
guilty of treason or felony by the Legislature.

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

Section 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 magistrate,  in a  manner  ordained  by  the 
Legislature.

Section 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 actual service,  but by authority of the 
Legislature.

Section  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 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 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.

Section  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.
