Constitution of Massachusetts, 1780
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 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.
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 times, find his security in them.
We, therefore, the people of Massachusetts, 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 surprise, of 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 Massachusetts.
PART THE FIRST
A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts.
Article I. 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. II. 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. 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 diffcused through a community but by the institution of the public worship of God
and of the 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 subject 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 and electing their public teachers and of contracting with them for their support and maintenance.
And all moneys paid by the subject to the support of public worship and of 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 toward 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 sect or denomination to another shall ever be established by law.
Art. IV. 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.
Art. V. 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 the substitutes and agents, and are at all times accountable to them.
Art. VI. 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 rises from the consideration of servicces 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.
Art. VII. 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, prospertiy, and happiness require it.
Art. VIII. 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. IX. 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.
Art. X. Every 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 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 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.
Art. XI. 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.
Art. XII. No subject shall be held to answer for any crimes or no offence until the same if
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 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 person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.
Art. XIII. 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. XIV. 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. XV. In all controversies concerning property, and in 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 neessary to alter it.
Art. 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.
Art. 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.
Art. 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 observation of them, in the
formation and execution of the laws necessary for the good administration of the
commonwealth.
Art. 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.
Art. XX. The power of suspending the 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.
Art. 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 of place whatsoever.
Art. XXII. The legislature ought frequently to assemble for address of grievances, for
correcting, strengthening, and confirming the laws, and for making new laws, as the
common good may require.
Art. XXIII. 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.
Art. XXIV. 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.
Art. XXV. No subject ought, in any case, or in any time, to be declared guilty of treason or
felony by the legislature.
Art. XXVI. No magistrate or court of law shall demand excessive bail or sureties, impose
excessive fines, or inflict cruel or unusual punishments.
Art. 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 be made but by the civil
magistrate, in a manner ordained by the legislature.
Art. XXVIII. 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.
Art. XXIX. 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, tht 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. XXX. In the government of this commonwealth, the legislative department shall never<