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. [Annulled by Amendments,
Art.
CVI.]
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 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. [See Amendments, Arts.
XLVI and
XLVIII.]
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
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, 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.
Any 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.]
[Art.
XI of the Amendments substituted
for this].
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 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.
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 legislative, executive,
or judicial, are their substitutes
and agents, and are at all times
accountable to them.
Article 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 consideration
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.
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: 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.
Article 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.
Article 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. [See Amendments,
Arts.
XLV and
XLVIII, The Initiative, sec.
2.] [For compulsory voting, see
Amendments, Art.
LXI.] [For use of voting machines
at elections, see Amendments, Art.
XXXVIII.] [For absent voting,
see Amendments, Art.
LXXVI.]
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
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.
[See Amendments, Arts.
XXXIX,
XLIII,
XLVII,
XLVIII, The Initiative, II,
sec. 2,
XLIX,
L,
LI and
XCVII.]
Article 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.
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 shall
be arrested, 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 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. [See
Amendments, Art.
XLVIII, The Initiative, II,
sec. 2.]
Article 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.
Article 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. [See Amendments,
Art.
XLVIII, The Initiative, II,
sec. 2].
Article XV.