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Thi nitration be Government, in to fecure the ex
istence of the body politic, to protect it, and to furnish the individuals who compose it, with the power of enjoying, in lafety and iranquility, their natural riglits, and the bleslings of life ; and whenever there great objects are not obtained, the people have a right to alter the goveróment, and to take measures necessary for their lafety, 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 thall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a conftitution 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 bis security in them.
We, therefore, the People of Massachusetts, acknowledging with grateful hearts, the goodness of the Great Legislator of the Univerfe, in affording us, in the course of his providence, as opportunity, deliberatelyand peaceably, without fraud, violence, or furprise, of entering into an original, explicit, and folemn compact with each other--and of forming a new constitution of civil government, for ourselves and pofierity ;--and de.. vously imploring his direction in fo interesting a deligt, do agree upon, ordain, and establish, the following Declaration of Rights, and frame of government, as the Conftitution of the Commonwealth of Massachusetts,
PART 1. A Declaration of Rights of the Inhabitants of the Com
monwealth of Massachusetts. Art. 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 de. fending their lives and liberties ; that of acquiring, polo fefling, and protecting property ; in fine, that of feeking and obtaining their lafety and happiness.
Il. It is the right, as well as the duty of all men in society, publicly, and at l'ated feasons, to worship the Supreme Being, the Great Creator and Preserver of the Universe. And no fubject shall be hurt, molested, or restrained, in his perfon, liberty or estare, for wore Mhipping 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 worfhip.
III, As the happiness of the people, and the good order and preservation of civil government, effentially depend upon piety, religion and morality; and as there cannot be generally diffused through a community, but by the inftitution of the public worlhip 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 authorise and require, and the Legislature fall, from time to time, authorise and require the several towns, parilhes, precincts, and other bodies politic, or religious focieties, to make Tuitable provision, at their own expence, for the institue tion 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 provisiop hall not be made voluntarily.
And the People of this Commonwealth have also a right to, and do, invest their Legislature with autho. rity, to enjoin, upor: all the subjects, an attendance upon the instructions of their public teachers, as aforesaid,
at stated times and seasons, if there be any, on whose inftruétions they can conscientiously and conveniently attend;
Provided notwithstanding, that the several to wris, parishes, precincts, and other bodies politic or religious focieties, fall, at all times, have the exclusive right of electing their public teachers, and of contracting wit 12 them for their lipport and maintenance.
And all monies, paid by the lubject, to the support of public worship, and of the public teachers aforesaid, thail, if he require it, be uniformly applied to the fupport 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 fupport of the teacher, or teachers, of the parilh, or precinct, in which the said monies is raised.
And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the Commonwealth, fhall be equally under the protection of the Law; and ne fubordination of any one fect or denomination to another, shall ever be established by law.
IV. The People of this Cominonwealth have the fole and exclusive right of governing themselves, as a free, lovereign, and independennt Siate ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or may not here. after, be by them expressly delegated to the United States of America in Congress allembled,
V. All power residing originally in the People, and being derived from them the several magiftrates, and officers of government, vested with authority, whether legillative, executive, or judicial, are their suba and agents, and are, at all times, accountable to them.
VI. No man, or corporation, or association of men, have any other title, to obtain advantages, or particular and exclufive 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 chil. dren, or descendants, or relations by blood, -the idea of a man born a magistrate, law-giver, or judge, is absurd and unnatural.
VII. Government is instituted for the common good; for the protection, fafety, prosperity, and happiness of the People ; and not for the profit, honour, or private intereit of any one man, family, or class of men.com Therefore the people alone have an inconteltible, vnslienable, 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. Io order to prevent those, who are vested with authority, from becoming oppreffors, the people have a right at such periods, and in such manner, as they Mall 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 eoght to be free; and all the inhabitants of this Commonwealth, having such qualifications, as they shall establisı by their trame of Government, have an equal right, to elect officers, and to be clected 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 itanding laws. He is obliged, confequently, to contribute his share to the expence of this protection ; to give his perfonal service, or an equivalent, when neceflary. But no part of the property of any individual can, with justice, be taken from him, or applied to public uses, without his own content, or that of the representative body of the people. In fine, the People of this Commonwealth are trollable by any other laws, than those to which their constitutional representative body have given their consent. And whenever tbeir public cxigencies require that the property of any individual should be appropriated to public uses, le Thall receive a reasonable com. pensation 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 bis perlon, property, or character, He ought to ob
tain right and justice freely, and without being obliged to purchase it - completely, and without any denial promptly, and wishout delay-conformable to the laws.
XI. No fubject thall be held to answer for any crime or offence, until the fame is fully and plainly, fubftanrially and formally, described to him ; or be compelled to accuse, or furnish evidence against himlelf, And every fubject shall have a right to produce all proofs that may be favourable 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 lubject fhall be arrested, imprisoned or 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 Legislaturė Thall 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 profecutions, the verification of facts, in the vicinity where they happen, is one of the greatest fecurities 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 perfon, his honles, his papers, and 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 a warrant to a civil officer, to make search in-all 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, arreft, or leizure. And no warrant ought to be issued, but in cases, and with the formalities, prescribed by the laws.
XV. In all controverties concerning property, and in all suits between two or more persons, (except in cases, in which it has heretofore been otherwise used and practised) the parties have a right to a trial by jury, and this method of procedure Mall be held facred ; un