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 surprize, 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 I.

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 Equality of birth their lives and liberties; that of acquiring, possessing, and rights. and protecting property; in fine, that of seeking and obtaining their safety and happiness.

ARTICLE 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 Liberty of conGod, 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 wor-. ship.

ARTICLE 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 diffused through a community, but by the

science.

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 Public worship 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.

to be maintained

Attendance on

Towns, &c. to elect teachers,

& contract with them.

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 public worship instructions of the public teachers, aforesaid, at stated enjoined. 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 monies, paid by the subject to the support of public worship, and of the public teachers aforesaid, Monies paid to shall, if he require it, be uniformly applied to the supbe conscientious- port 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 monies are raised. And every denomination of christians, demeaning themEqual protection selves peaceably, and as good subjects of the Commontion of christians wealth, 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.

ly applied.

to all denomina

The people sovereign.

ARTICLE 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 here

after 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.

ARTICLE V.

All power residing originally in the people, and being derived from them, the several magistrates, and officers of government, vested with authority, whether Accountability legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

ARTICLE VI.

No man, or 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 consideration of services rendered to the public. And this title being, in nature, No titles or exneither hereditary, nor transmissible to children, or clusive privilege. descendants, or relations by blood-the idea of a man, born a magistrate, lawgiver, or judge, is absurd and unnatural.

ARTICLE 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. There- The people to infore, the people alone have an 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.

ARTICLE VIII.

In order to prevent those, who are vested with authority, from becoming oppressors, the people have a

stitute or change the government.

vacancies sup

right, at such periods, and in such manner, as they shall Public officers to establish by their frame of government, to cause their be removed, and public officers to return to private life; and to fill up plied, vacant places, by certain and regular elections and appointments.

zens eligible to office.

ARTICLE IX.

All elections ought to be free; and all the inhabitants

All qualified citi- 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.

ARTICLE 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, 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 proRight to protec- perty of any individual can, with justice, be taken from tion to contribute him, or applied to public uses, without his own consent, to the public ex- or that of the representative body of the people. In

tion, and obliga

pense.

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.

ARTICLE XI.

Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all Remedy at law injuries or wrongs, which he may receive, in his person, to be promptly & freely obtained. 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.

ARTICLE 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