MASSACHUSETTS. One of the ori ginal thirteen states et the United States of America.
2. In 1627, a eompany of Englishmen obtained from the council of the Plymouth colony a grant of " all that part of New England lying three miles south of Charles river and three miles north of Merrimac river, and extending from the Atlantic to the South sea." In 1628, Charles I. granted them a charter, under the name of " The Governor and Company of the Maasachusetts Bay in New England." This charter continued till 1684, when it waa adjudged forfeited. From this time till 1691, governors appointed hy the king ruled the colony. In 1691, William and Mary granted a new charter, by which the colonies of Maasachusetts Bay and New Plymouth, the province of Maine, and the territory called Nova Scotia, were incorporated into one government, by the name of The Province of Massachusetts Bay. 1 Story, Const. 71. This charter continued as the form of government until the adoption of the state cnnstitution in 1780.
3. The constitution, as originally adopted, was drafted by John Adams. 4 Adams, Life and Works, 213. It contained a provision for calling a con vention for ite revision or amendment in 1795, if two-thirds of the voters at an election held for this purpose should be in favor of it. Coast. Mass. c. 6, art. x. But at that time a majority of the voters opposed any revision, Bradford's Hist. Mass. 294; and the constitution continued without amend ment till 1820, when a convention was called for revising or amending it. Mass. Stat. 1820, e. 15. Thie convention proposed fcurteen amendments, nine of which were accepted by the people. Since then, sixteen additional articles of amendment have been adopted at different times, making twenty-five in all. In 1853, a second convention for revising the conetitution was held, which pre pared an entirely new draft of a constitution. Thia draft, upon submission to the people, waa rejected.
The constitution, as originally drafted, consiats ot two parts, one entitled A Declaration of the Rights of the Inhabitants of the Commonwealth of Massa chusetts, and the other The Frame of Government. Coast. Mass. Preamble.
The Declaration of Rights.
4. The declaration of righta asserts that all men are born free and equal, and have certain natural and unalienable rights, among them the rights of life, liberty, and property, and, in fine, the right of eeeking aafety and happiness. Art. i. It declares the duty of public worship, and the right of religious liberty, art. ii.; and that all sects shall receive equal protection from the law. Amendts. xi. That the commonwealth is a sovereign state, enjoying every power not expressly delegated to the United States. Art. iv. That all power ia derived from the people, and all public officera are at all timea accountable to them. Art. v. That no man has any title to exclusive privileges except from his puhlic services; and thia title is not heritable or transmiesible. Art. vi, That government is for the protection of the people, and they alone have a right to chang,e it when their safety requires. Art. vii. That, to prevent thoao in power from be coming oppleseors, the people have a right to emote their public, damn@ to return to private life, and to fill their places hy election, art. viii.; and that all elections should be free, and every quali fied voter have a right to vote and to be elected to office. Art. ix. Each individual has a right to be protected by law, and must, conaequently, pay his share of the expense of this protection; but his pro perty cannot be taken or applied to publio uses without hia consent, or that of the representative body; and wherever the property of any person is taken for public uses, he shall receive reasonable compensation therefor. Art. x. Every one should
find in the laws a certain remedy for all wrongs to person, property, or character, and should obtain justice freely, promptly, and cnmpletely. Art. xi. Every person accused of an offence ehall have a right tu have it formally and clearly set forth ; shall not he compelled to furnish evidence against himself; ahall be allowed to produce proofe in his favor, and to be heard by himself or his counsel, and shall not he punished (unless in the army or navy) without trial by jury. Art. xii. The proof of faeta in the vicinity where they happen is one of the greatest eecurities of life, liberty, and property. Art. xiii. All warrants should be sui rted by an oath, and, if for the search, arrest, or seizure of persona or property, should describe such persona or property. Art. liv. In all civil suits (unless, in causes ariaing on the seaa, or suits relating to mariners' wages, the laws provide otherwiee) the trial by jury shall be held sacred. Art. xv. The liberty of the press ought not to be restrained. Art. xvi. The people have a right to keep and hear arms for the common defence ; se, in pence. armies are dangerous to liberty, they ought not to be maintained without legiarative consent; the mili tary power shall be in exact subordination to the civil authority. Art. xvii. Frequent recurrence to the fundamental principles of the constitution, constant adherence to piety, justice, moderation, temperance, industry, and frugality, are neceseary to preserve liberty owl to maintain a free govern ment ; the people ought especially tn refer to these in choosing officers, and have a right to require of their officers an ohaervance of thcm in 'linking and executing the laws. Art. xviii. The ; cople have a right to assemble penceebly, to com-ult an the common good, to inetruct their representatives, and to petition the legislative hody. Art. xix. The power to suspend the laws should neVer be ex ercised but by the legislature, or by legisletive authority in cases provided by law. Art. xx. Freedom of debate in the legislature is so eesi ntial to the right@ of the people that it cannot he the foundation of any accusation, prosecution, action, or complaint in any court or place whatsoever. Art. xxi. The legislature ought to assemble fre quently. Art. xxii. No tax ought to be laid with out the consent of the people or their represent ntivea. Art. xxiii. Lawa to punish acts already clone, and not declared crimes hy preceding laws, are unjust, and inconsistent with the principlea of a free government. Art. xxiv. No sobject ought, in any case, to be declared guilty of treason by the legislature. Art. xxv. No magistrate shall take excessive hail, impoae excesaive fines, or inflict cruel or unusual punishments. Art. xxvi. In peace, no soldier should be quartered in any house without the owner's consent; and in war, such quarters should not he made but by the civil magis trate, in a manner provided by law. Art. xxvii. No person ean he subjected to martial law, unless in the army or navy, or militia in actual service, except by legialative authority. Art. xxviii. An impartial interpretation of laws and administrae - tion of justice is essential to the preservation of every right. It is the citizen's right to be tried by judges as free, impartial, and independent as tin lot of humanity will admit. It is not only the liFst tolicy, but for the security of the people, that the ptilges of the supreme court should hold office dur ing good behavior, but that they should have honorable salaries established by standing laws. Art. xxix. Neither the legislative, judicial, nor executive department °hall ever exercise any powers of government except its own, that it may be a government of laws, and not of men. Art. xxx.