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    Constitution of the Commonwealth of Massachusetts (1780)
    Constitution of the Commonwealth of Massachusetts (1780)
    Constitution of the Commonwealth of Massachusetts (1780)
    Ebook170 pages2 hours

    Constitution of the Commonwealth of Massachusetts (1780)

    By Samuel Adams, John Adams and James Bowdoin

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    "Constitution of the Commonwealth of Massachusetts (1780)" by Samuel Adams, John Adams, James Bowdoin. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
    LanguageEnglish
    PublisherGood Press
    Release dateApr 11, 2021
    ISBN4064066446062
    Constitution of the Commonwealth of Massachusetts (1780)

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      Book preview

      Constitution of the Commonwealth of Massachusetts (1780) - Samuel Adams

      Samuel Adams, John Adams, James Bowdoin

      Constitution of the Commonwealth of Massachusetts (1780)

      Published by Good Press, 2022

      goodpress@okpublishing.info

      EAN 4064066446062

      Table of Contents

      Preamble

      Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts

      Article I

      Article II

      Article III [3]

      Article IV

      Article V

      Article VI

      Article VII

      Article VIII

      Article IX

      Article X

      Article XI.

      Article XII.

      Article XIII.

      Article XIV

      Article XV

      Article XVI.

      Article XVII.

      Article XVIII.

      Article XIX

      Article XX

      Article XXI

      Article XXII

      Article XXIII

      Article XXIV

      Article XXV

      Article XXVI

      Article XXVII

      Article XXVIII

      Article XXIX

      Article XXX

      Part the Second: The Frame of Government

      Chapter I: The Legislative Power

      Section 1: The General Court

      Section 2: The Senate

      Chapter II: Executive Power

      Chapter III: Judiciary Power

      Chapter IV: Delegates To Congress

      Chapter V: The University at Cambridge, and Encouragement of Literature, etc

      Section 1: The University

      Chapter VI: Oaths and Subscriptions; Incompatibility of and Exclusion from Offices; Pecuniary Qualifications; Commissions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Style; Continuance of Officers; Provision for a Future Revisal of the Constitution, etc

      ARTICLES OF AMENDMENT

      Article I

      Article II

      Article III

      Article IV

      Article V

      Article VI

      Article VII

      Article VIII

      Article IX

      Article X

      Article XI

      Article XII

      Article XIII

      Article XIV

      Article XV

      Article XVI

      Article XVII

      Article XVIII

      Article XIX

      Article XX

      Article XXI

      Article XXII

      Article XXIII

      Article XXIV

      Article XXV

      Article XXVI

      Article XXVII

      Article XXVIII

      Article XXIX

      Article XXX

      Article XXXI

      Article XXXII

      Article XXXIII

      Article XXXIV

      Article XXXV

      Article XXXVI

      Article XXXVII

      Article XXXVIII

      Article XXXIX

      Article XL

      Article XLI

      Article XLII

      Article XLIII

      Article XLIV

      Article XLV

      Article XLVI

      Article XLVII

      Article XLVIII

      Article XLIX

      Article L

      Article LI

      Article LII

      Article LIII

      Article LIV

      Article LV

      Article LVI

      Article LVII

      Article LVIII

      Article LIX

      Article LX

      Article LXI

      Article LXII

      Article LXIII

      Article LXIV

      Article LXV

      Article LXVI

      Article LXVII

      Article LXVIII

      Article LXIX

      Article LXX

      Article LXXI

      Article LXXII

      Article LXXIII

      Article LXXIV

      Article LXXV

      Article LXXVI

      Article LXXVII

      Article LXXVIII

      Article LXXIX

      Article LXXX

      Article LXXXI

      Article LXXXII

      Article LXXXIII

      Article LXXXIV

      Article LXXXV

      Article LXXXVI

      Article LXXXVII

      Article LXXXVIII

      Article LXXXIX

      Article XC

      Article XCI

      Article XCII

      Article XCIII

      Article XCIV

      Article XCV

      Article XCVI

      Article XCVII

      Article XCVIII

      Article XCIX

      Article C

      Article CI

      Article CII

      Article CIII

      Article CIV

      Article CV

      Article CVI

      Article CVII

      Article CVIII

      Article CIX

      Article CX

      Article CXI

      Article CXII

      Article CXIII

      Article CXIV

      Article CXV

      Article CXVI

      Article CXVII

      Article CXVIII

      Article CXIX

      Article CXX

      Preamble

      Table of Contents

      The end of the institution, maintenance, and administration 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.

      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 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 Massachusetts.

      Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts

      Table of Contents

      Article I

      Table of Contents

      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.[1]

      Article II

      Table of Contents

      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.[2]

      Article III[3]

      Table of Contents

      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.]

      Article IV

      Table of Contents

      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

      Table of Contents

      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

      Table of Contents

      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

      Table of Contents

      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

      Table of Contents

      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

      Table of Contents

      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.[4][5][6][7]

      Article X

      Table of Contents

      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.[8]

      Article XI.

      Table of Contents

      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.

      Table of Contents

      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.[9]

      Article XIII.

      Table of Contents

      In criminal prosecutions, the verification

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