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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.
