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A CONSTITUTION

OR

FORM OF GOVERNMENT

FOR THE

Commonwealth of Massachusetts.

PREAMBLE.

ernment.

The end of the institution, maintenance and administra- Objects of govtion of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying, in safety and tranquillity, 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.

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how formed.

The body politic is formed by a voluntary association of Body politic, individuals: it is a social compact, by which the whole Its nature. 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 times, find his security in them.

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 surprise, 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 MASSACHU

SETTS.

Equality and natural rights of all men.

8V

Right and duty of public religious worship.

Protection therein.

Amendment, Art. XI., substituted for this.

Legislature empel provision for public worship;

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PART THE FIRST.

A Declaration of the Rights of the Inhabitants of the Commonwealth 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 defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness.

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.

[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 mainte

* NOTE.-Articles of the original constitution and articles of amendment thereto which have become inoperative, by reason of subsequent amendments, are printed in smaller type and enclosed in brackets: obsolete portions of articles, in some instances confined to a sentence or single word, are covered by brackets, but allowed to stand in type uniform with the matter still in force.

nance of public Protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.

tendance there

on.

And the people of this Commonwealth have also a right to, and do, and to enjoin at 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.

ious teachers

Provided, notwithstanding, that the several towns, parishes, pre- Exclusive right cincts, and other bodies politic, or religious societies, shall at all times, of electing relig have the exclusive right of electing their public teachers, and of con- secured. tracting with them for their support and maintenance.

And all moneys, paid by the subject, to the support of public worship, Option as to and of the public teachers aforesaid, shall, if he require it, be uniformly whom parochial taxes may be applied to the support of the public teacher or teachers of his own re- paid, unless, &c. ligious sect or denomination, provided there be any on whose instructions he attends; otherwise it may be paid toward the support of the teacher or teachers of the parish or precinct in which the said moneys are raised.

All denomina

And every denomination of Christians, demeaning themselves peace- tions equally ably, and as good subjects of the Commonwealth, shall be equally protected. under the protection of the law: and no subordination of any one sect Subordination or denomination to another shall ever be established by law.]

of one sect to another pro

hibited.

government

IV. The people of this Commonwealth have the sole and Right of selfexclusive right of governing themselves as a free, sovereign secured. 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.

of all officers,&c.

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

dered to the

peculiar privi.

84 VI. No man, nor corporation or association of men, have services renany other title to obtain advantages, or particular and ex- public being the clusive privileges, distinct from those of the community, only title ti than what arises from the consideration of services ren- leges, heredidered to the public; and this title being in nature neither absurd and unhereditary, 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.

tary offices are

natural.

ernment; right

institute and

VII. Government is instituted for the common good; Objects of gov for the protection, safety, prosperity and happiness of the of people to people; and not for the profit, honor or private interest of change it. 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.

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