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Objects of gov. ernment; right of people to institute and change it.
to secure rota. tion in office
All, having the qualifications prescribed, equally eligible
or descendants, or relations by blood, the idea of a man
VII. Government is instituted for the common good;
safety, prosperity, and happiness require it. Right of people
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 inhab
itants of this commonwealth, having such qualifications as tootlice. or they shall establish by their frame of government, have an ** inhabitant," equal right to elect officers, and to be elected, for public 2, Art, II. 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 obliged, confounded on sequently, to contribute his share to the expense of this
protection ; to give his personal service, or an equivalent,
body have given their consent. And whenever the pubtaken for public lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor. 16 Gray, 417,
Bee Ch. 1, Sect.
122 Mass. 595, 596.
Right of protection and duty of contribution correlative. Taxation
erty not to be
1 Allen, 150. 103 Mass. 120, 624. 11 Allen, 530, 106 Mass. 356, 362. 12 Allen, 223, 230. 108 Mass. 202, 213. 100 Mass. 514, 560. 111 Mass, 130,
113 Mase. 45.
127 Mass, 50, 52,
358, 363, 410, 413. 129 Mass, 569.
Remedies, by recourse to the
complete and prompt.
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;
crimes Prosecutions or offence, until the same is fully and plainly, substantially & Pick. 211. and formally, described to him; or be compelled to accuse, is Pick. 434
. or furnish evidence against himself. And every subject 2 Met. 329. shall have a right to produce all proofs that may be favor- 12 Cush, 246. able to him ; to meet the witnesses against him face to face, 5 Gray, 160. and to be fully heard in his defence by himself, or his 10 Gray, 11. counsel, at his election. And no subject shall be arrested, 2 Allen, 361. imprisoned, despoiled, or deprived of his property, immu- 240, 264, 439, nities, or privileges, put out of the protection of the law, 12° Allen, 170. exiled, or deprived of his life, liberty, or estate, but by the 37 Mass. 570, judgment of his peers, or the law of the land.
100 Mass. 287,
107 Mass. 172, 180. 108 Mass. 5, 6.
118 Mags, 443, 451.
122 Mass, 332.
127 Mass. 550, 554.
103 Mass, 418.
And the legislature shall not make any law that shall Right to trial subject any person to a capital or infamous punishment, criminal cases, excepting for the government of the army and navy, with- & Gray, 329, 373, out trial by jury.
XIII. In criminal prosecutions, the verification of facts, Crimes to be in the vicinity where they happen, is one of the great- vicinity: est securities of the life, liberty, and property of the 121 Mass.61, 62. citizen.
XIV. Every subject has a right to be secure from all Right of search unreasonable searches, and seizures, of his person, his regulated, houses, his papers, and all his possessions. All warrants, Amend't IV. therefore, are contrary to this right, if the cause or founda- 5 Cush. 369. tion of them be not previously supported by oath or affir- 13Gorgy': mation, and if the order in the warrant to a civil officer, to 10. Allen, 103, make search in suspected places, or to arrest one or more 138 suspected persons, or to seize their property, be not accom- 273. panied 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 Right to trial all suits between two or more persons, except in cases in excepty, etered, which it has heretofore been otherways used and practised, Aonendi Vil." the parties have a right to a trial by jury; and this method 2 Dick. 382. of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. on the high seas, and such as relate to mariners' wages, 11 Allen, 574, the legislature shall hereafter find it necessary to alter it. 102 Mass. 45, 47.
100 . 136
126 Mass. 269,
114 Mass. 388, 390.
122 Mass, 505, 516.
125 Mass, 182, 188.
Liberty of the press,
Right to keep and bear arms.
tions for office.
tions of law.
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 Standing armies arms for the common defence. And as, in time of peace, Military power armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature; and 5 Gray, 121.
the military power shall always be held in an exact subor
dination to the civil authority, and be governed by it. Moral qualifica 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 atten
tion to all those principles, in the choice of their officers Moral obliga. and representatives : and they have a right to require of givers and 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 common
wealth. Right of people XIX. The people have a right, in an orderly and peace
able manner, to assemble to consult upon the common legislature. 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.
XX. The power of suspending the laws, or the execupend the laws or their 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, reason thereof. 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. Frequent ses. XXII. The legislature ought frequently to assemble jects thereof. 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 8 Allen, 247.
pretext whatsoever, without the consent of the people or their representatives in the legislature.
to instruct representatives and petition
Power to sus.
Freedom of de. bate, etc., and
sions, and ob
Taxation founded on consent.
XXIV. Laws made to punish for actions done before Er post facto the existence of such laws, and which have not been de- 12 Allen, 421, clared crimes by preceding laws, are unjust, oppressive, 424, 428, 434. and inconsistent with the fundamental principles of a free government.
XXV. No subject ought, in any case, or in any time, Legislature not to be declared guilty of treason or felony by the legis- treason, ete. lature.
XXVI. No magistrate or court of law shall demand Excessive bail excessive bail or sureties, impose excessive fines, or inflict cruel punishcruel or unusual punishments.
5 Gray, 482. XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner; and ivartered in any in time of war, such quarters ought not to be made but etc. by the civil magistrate, in a manner ordained by the legislature.
XXVIII. No person can in any case be subject to law- Citizens exempt martial, or to any penalties or pains, by virtue of that law, tial, unless, etc. 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 Judges of su. of every individual, his life, liberty, property, and charac- prene judicial ter, that there be an impartial interpretation of the laws, i Gray, 472. and administration of justice. It is the right of every Allen, 591. citizen to be tried by judges as free, impartial, and inde- 195 Mass. 219, pendent as the lot of humanity will admit. It is, therefore, Tenure of their 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 Salaries. laws.
XXX. In the government of this commonwealth, the Separation of legislative department shall never exercise the executive eid, andlegis and judicial powers, or either of them : the executive shall lative departnever exercise the legislative and judicial powers, or either 2. Gush. 577. of them : the judicial shall never exercise the legislative 8 Allen, 247,253, and executive powers, or either of them : to the end it 286. may be a government of laws and not of men.
116 Mass. 317.
100 Mass, 282,
114 Mass. 247, 249,
129 Mass. 559,
Title of body politic.
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.
THE LEGISLATIVE POWER.
amendments, Art. X.
The General Court. Legislative ARTICLE I. The department of legislation shall be department.
formed by two branches, a Senate and House of Represent
atives; each of which shall have a negative on the other. For change of The legislative body shall assemble every year [on the time, etc., see
last Wednesday in May, and at such other times as they
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 Bill may be resolve. But if after such reconsideration, two-thirds of
. thirds of each the said senate or house of representatives, shall, notwithstanding.
standing 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,