The adjusted constitution of Massachusetts ...

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LIBEARY

OF THE

DEPARTMENT OF STATE.

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.

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.

III. [As the happiness of a people, and the good order and preservation of civil government, essentially

ADJUSTED CONSTITUTION.

Rights : Am.^XI ; Art. IY.

Religious freedom.

Society rights.

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 122 Mass. ,40, 4i. raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses ; and each person belonging to any religious society shall be taken and held to be a member, until he shall file with the clerk of that society a written notice declaring the dissolution of his membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by that 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 nor denomination to another shall ever be established by law.

4, (1780.) The people of this commonwealth have the sole and exclusive right government, 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

Sects alike in law.

Self

ORIGINAL CONSTITUTION. O

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 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 of 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 the public teachers aforesaid, 1*

ADJUSTED CONSTITUTION.

Rights : Art. V, VI, VII.

expressly delegated to the United States of America.

5. (1780.) All power dwelt first in the people, and was derived from them ; wherefore the several magistrates and offi-

Officerspeo- cers °^ government, vested with authority, pie's agents, legislative, executive or judicial, are their

substitutes and agents, and are at all times

accountable to them.

6. (1780.) No man, nor corporation, "common? nor association of men, has 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 No heredity of P u ' 3 lic ; and this title being in nature neioffice. ther hereditary, npr transmissible to children, nor to descendants, nor to relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural.

7. (1780.) Government is established for the common good, for the protection,

Government safet y> prosperity and happiness of the for common people ; and not for the profit, honor, nor private interest of any one man, family, nor class of men : therefore the people alone have an incontestable, inalienable ;Peopie can an( ^ indefeasible right to institute govern- L reform it. ment ; and to reform, alter or totally change it, when their protection, safety, prosperity and happiness require their action.

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 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 one sect or denomination to another shall ever be established by law.]

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.

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 their substitutes and agents, and are at all times accountable to them.

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 arises from the conside-

ADJUSTED CONSTITUTION.

Rights : Art. VIII, IX, X.

8. (1780.) To prevent those who are vested with authority from becoming oppressors, the people have a right, at such

Right of people periods and in such ways as they shall es- ^ffice?? tablish 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.

9. (1780.) All elections ought to be free ; and* all the inhabitants of this commonwealth, having such qualifications as

A_nv voter a

public servant, they shall establish by their frame of government, have equal rights to elect officers, 595 *596 8 ' an d to be elected, for public employments.

10. (1780.) Each inhabitant of the Protection and commonwealth has a right to be protected

^orrdaUve. by it in the enjoyment of his life, liberty

Taxation and and property, according to standing laws.

consent. jj e j g oblige^ consequently, to contribute

16 Mass. 326. his share to the expense of this protection ;

7 Pick.' 344. to give his personal service, or an equiva- 16 pick] 87 4,467 ' lent, when necessary: but no part of the ^MeT.^sl 60 ' property of any individual, can, with *S ray 'So' justice, be taken from him, or applied to

HGray, 154.3 public uses, but by his own consent, or by 4 Alien,' 474* that of the representative body of the peo- P ty V andpub?fc r "pl e * The people of this commonwealth 6Cusn! e 327. are n0 ^ controllable by any other laws, HGray, 155. than those to which their constitutional i Aiien. 150. representative body has s;iven its consent ;

12 Aiien,223,23o. and whenever the public exigencies require io3ML1.'i2o;i24:that the property of any individual shall be ration 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.

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 aa incontestible, 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.

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.

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.

X. 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

ADJUSTED CONSTITUTION.

Rights : Art. XI, XII, XIII.

Remedies by

law, free and

prompt.

appropriated to public uses, he shall receive a reasonable compensation therefor.

Prosecutions regulated.

1 Gray, 1.

11. (1780.) Every citizen 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, without being obliged to purchase them ; completely, without any denial ; promptly, without delay ; conformably to the laws.

12. (1780.) No citizen shall be held to answer for any crime nor offence, until the same is fully and plainly, substantially and formally, described to him; nor be compelled to accuse, nor furnish evidence against, himself; and every person 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, as he chooses ; and no citizen shall be arrested, imprisoned, despoiled nor deprived of his property, immunities, nor privileges, put out of the protection of

■the law, exiled, nor deprived of his life, liberty, nor estate, but by the judgment of his peers, or the law of the land.

Jury in criminal cases.

13. The legislature shall not make any law, excepting for the government of the 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 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.

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.

XII. 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 counsel, at his election. And no subject shall be arrested, imprisoned,

Rights : Art. XIII, XIY, XY.

army and navy, that shall subject any per- ? Gray, 329, 373. son to a capital or infamous punishment without trial by jury.

14# (1780.) In criminal prosecutions,

Crimes proved ^he verification of facts, in the vicinity

where done. w here they happen, is one of the greatest

? Pick. 550. securities of the life, liberty and property of the citizen.

15. (1780.) Every citizen 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 causes or foundations of them be not previously supported by oath or affirma-

search and sei- ^i n, and if the order in the warrant to a

zure regulated. . '

civil officer, to make search in suspected

Const, of u.s. places, or to arrest one or more suspected

Amend, iv. p ersons? or £ se ize their property, be not

accompanied with a special designation of 5Cush 3 369 ^ ie P ersons or objects of search, arrest, or

1 Gray,' i. * seizure : and no warrant ought to be issued 10 Alien, 403. but in cases, and with the formalities, pie- £Su£a3£& scribed by the laws.

16, (1780.) In all controversies con- Trial by jury eerning property, and in all suits between

two or more persons, wherein the practice const, of u.s. has not heretofore been otherwise, the con- Amend, vii. testants have a right to a trial by jury ;

2 pick. 382. an ^ this method of procedure shall be held 5Gra k ' 3 i44 sacred, unless, in causes arising on the 8 Gray,' 373.' high seas, and in such as relate to maridespoiled, 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.

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.

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.

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 precedure shall be held sacred.

Rights : Art. XVI, XVII, XYIII, XIX.

ii Alien 574 577. nerB ' wa g es > the legislature shall hereafter 102 Mass. 45, 47." need to alter it.

17. (1780.) The liberty of the press Press free, is essential to the security of freedom in a

state : it ought not, therefore, to be restrained in this commonwealth.

18. (1780.) The people have a right Weap S I l s ' keep to keep and to bear arms for the common

and bear. , * .

defence ; and as, in time ot peace, armies are dangerous to liberty, they ought not to CMi power be maintained without the consent of the above mmtary. legislature ; and the military power shall always be held in exact subordination to the civil authority, and be governed by it.

19. (1780.) A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, in-

,l officers" u dustry 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.

20. (1780.) The people have a right, in an orderly and peaceable manner, to as-

Morals and 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.

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.

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.

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 these 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.

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

ADJUSTED CONSTITUTION.

Rights : Art. XX, XXI, XXII, XXIII, XXIY.

People may

instruct and

petition.

Laws,

suspension.

Debate free : reason.

semble to consult upon the common good ; to give instructions to their representatives, and to request of the legislative body, through addresses, petitions or remonstrances, redress of the wrongs done them, and of the grievances they suffer.

21 • (1780.) 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 only such particular cases as the legislature shall expressly provide for.

22. (1780.) The freedom of deliberation, speech and debate, in each house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any .accusation nor prosecution, action nor complaint, in any other court nor place whatsoever.

23. (1780.) The legislature ought frequently to sit for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new laws, as the common good may require.

24. (1780.) No subsidy, charge, tax, impost, nor duties ought to be fixed, nor levied, under any pretext whatever, without the consent of the people, or of their representatives in the legislature.

25. (1780.) Laws made to punish acished by co-ex- tions done before the existence of such

istmgiaws. | aws? an( j wnen those actions have not been

Sittings frequent.

Taxes by consent.

way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.

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.

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 or place whatsoever.

XXII. 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.

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.

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.

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

legislature.

2*

Rights : Art. XXV, XXVI, XXYII, XXYIII, XXIX.

declared crimes by preceding laws, are unjust, oppressive and inconsistent with the fundamental principles of a free government.

Legislature not 26 « (1780.) No citizen ought in any aC cou n A nal case 5 nor at an y time, to be declared guilty of treason, nor of felony by the legislature.

27. (1780.) No magistrate nor court E flne8andpun- of law shall demand excessive bail nor

ish hibited pr0 sureties, impose excessive fines, nor inflict 5 Gray, 482. cruel nor unusual punishments.

28. (1780.) In time of peace, no soldier ought to be quartered in any house

houses^owners' without the consent of the owner ; and in consent. t[ me f war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature.

29. (1780.) No person except those employed in the army or navy, and except

legislature wi? y tne m ^^ a * n actua l service, can in any case be subject to martial law, nor to any penalties nor pains, by virtue of that law, but by authority of the legislature.

30. (1780.) It is essential to the preservation of the rights of every individual, of his life, liberty, property and character, that there be an impartial interpretation of

judges of su- the laws, and administration of justice. It preme court. j s ^he right of every citizen to be tried

3 pick. 47i. h ? J ud § es as free > im P artial > and in ~ i Gray, 472. dependent as the lot of humanity will

7 tlieS; Sis', admit. It is, therefore, not only the best

1 ^m^m^ 19 ' policy, but for the security of the rights of

XXVI. No magistrate or court of law shall demand excessive bailor sureties, impose excessive fines, or inflict cruel or unusual punishments.

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 to be made but by the civil magistrate, in a manner ordained by the legislature.

XXVIII. No person can in any case be subject 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.

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, 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.

XXX. 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

Rights : Art. XXX ; Frame ; Con., Chap. I, Sec. I, Art. I.

the people, and of every citizen, that the During good Judges of the supreme judicial court shall behavior, hold their offices as long as they behave themselves well ; and that they shall have honorable salaries ascertained and established by standing laws.

31. (1780.) In the government of this ^ uv * * commonwealth, the legislative department

Each body to ' . o ? .

its own duties, shall never exercise the executive and judicial powers, nor either of them : the execil- 2Aii S en, 5 36i. tive shall never exercise the legislative and fooiiass^m J u ^ c ^ a ^ P ow ers, nor either of them : the ii6^as8^7 49 ' J u ^ c ^ s ^ a ^ never exercise the legislative 129 Mass! 559'. and executive powers, nor either of them : to the end it may be a government of laws and not of men.

FRAME OF GOVERNMENT.

32. (1780.) The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly

Name of state, and mutually agree with each other, to form themselves into a free, sovereign and independent body politic or state, by the name of The Commonwealth of Massachusetts.

GENERAL COURT.

33. (1780.) The department of legis- Legislature, l a tion shall be formed of two branches, a

two houses. _ • n t . ,

senate and a house or representatives, each of which shall have a negative on the other.

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.

PART THE SECOND. The Frame of Government

The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts.

Section I. The General Court

Article I. The department of legislation shall

be formed by two branches, a Senate and House of

Representatives ; each of which shall have a negative

on the other.

The legislative body shall assemble every year [on the last Wednesday in May, and at such other times

Cox. : Am. X ; Chap. I, Sec. I, Art. II.

The legislative body shall be styled, The General Court of Massachusetts.

34, (Am. 10, 1831.) The political year Governmental shall begin on the first Wednesday of Janyear begms. uar y . an( j t j ie g enera j cour t shall sit for business every year on the first Wednesday of January, and shall proceed, at that session, to make all the elections, and to do all the other acts, which are by the constitution required to be made and done ; and the general court shall be dissolved on the day next

Legislature preceding the first Wednesday of January,

dissolved. * © . J . J '

without any proclamation or other act ot the governor. But nothing herein contained shall prevent the general court from sitting at such other times as it shall judge necessary, or when called into session by the governor. The governor, lieutenant governor and councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their places.

35. (1780.) No bill nor resolve of the senate nor of the house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal ; and if he, upon revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the signing of a

veto. bill or resolve, he shall return the paper, 99 Mass. 636. with his objections thereto in writing, to the as they shall judge necessary ; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May ;] and shall be styled, The General Court of Massachusetts.

II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal ; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated ; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve. But if after such reconsideration, two-thirds of the said senate or house of representatives, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of a law : but in all such cases, the votes of both houses shall be determined by yeas and nays ; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth.