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No. 2.

BILLS OF RIGHTS OR INSTITUTES OF FREEDOM.

This appendix presents those sacred institutes of freedom, called "Bills of Rights," which are really in the character of protests by the people, when forming government, concerning those natural and God-given rights which they keep out of constitutions and above government; and which, therefore, no ruler has the right to control or even touch.

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Beside the Virginia "Bill of Rights," of 1776,-the first declared in America-now to be given, and the preamble and declaration of rights in the constitution of Massachusetts, which follow the Virginia one, - -the student should read the English "Magna Charta," "Petition of Right," and "Bill of Rights," keeping it in mind that, in our case, these are DECLARATIONS BY THE PEOPLE of their sovereign rights over, and governing, their rulers; while the English declarations are THE GRANTS BY KINGS OF PRIVILEGES to their subjects.

VIRGINIA BILL OF RIGHTS.

When, on the 15th of May, 1776, the Convention of Virginia instructed their delegates in Congress to propose to that body to declare the United Colonies free and independent States, it, at the same time, appointed a committee to prepare a declaration of rights and such a plan of government as would be most likely to maintain peace and order in the colony, and secure substantial and equal liberty to the people. On subsequent days the committee was enlarged; Mr. George Mason was added to it on the 18th. The declaration of rights was, on the 27th, reported by Mr. Archibald Cary, the chairman of the committee, and, after being twice read, was ordered to be printed for the perusal of members. It was considered in committee of the whole on the 29th of May, and the 3d, 4th, 5th, and 10th of June. It was then reported to the house with amendments. On the 11th, the convention considered the amendments, and having agreed thereto, ordered that the declaration [with the amendments] be fairly transcribed and read a third time. This having been done on the 12th, the declaration was then read a third time and passed nem, con. A manuscript copy of the first draft of the declaration, just as it was drawn by Mr. Mason, is in the library of Virginia. The declaration as it passed is as follows:

A Declaration of Rights made by the Representatives of the good people of VIRGINIA, assembled in full and free Convention, which rights do pertain to them and their posterity as the basis and foundation of government.

1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.

2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

3. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best, which is capable of producing

1 Va. Hist. Reg., Jan., 1849, p. 29.

the greatest degree of happiness and liberty, and is most effectually secured against the danger of mal-administration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasable right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendable, neither ought the offices of magistrate, legislator, or judge to be hereditary.

5. That the legislative and executive powers of the state should be separate and distinct from the judiciary; and that the members of the two first may be restrained from oppression, by feeling and participating the burthens of the people, they should at fixed periods be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members to be again eligible, or ineligible, as the laws shall direct.

6. That election of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses, without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.

7. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.

8. That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man can be deprived of his liberty, except by the law of the land, or the judgment of his peers.

9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel nor unusual punishments inflicted.

10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.

11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.

12. That the freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic governments.

13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.

14. That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.

15. That no free government, or the blessing of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, frugality and virtue, and by a frequent recurrence to fundamental principles.

16. That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other.

MASSACHUSETTS BILL OF RIGHTS.

CONSTITUTION OF MASSACHUSETTS.

A constitution, or frame of government, agreed upon by the delegates of the people of Massachusetts Bay, in convention, begun and held at Cambridge, on the first of September, 1779, and continued, by adjournment, to the second of March, 1780.

PREAMBLE.

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 I.

A DECLARATION OF THE RIGHTS

of the Inhabitants of the Commonwealth of Massachusetts.

ARTICLE 1. All men are born free and equal, and have certain natural, essential, unalienable rights, among which may be named 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 happi

ness.

2. 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 seasons most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he does not disturb the public peace, or obstruct others in their religious worship.

3. 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 generally be diffused throughout the community, but by the institution of a public worship of God, and of public institutions in piety, religion, and morality; therefore to promote their happiness, and to secure the good order 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, and 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.

All the people of the commonwealth have also a right to, and do, invest their legislature with authority to enjoin upon all the subjects an attendance upon the public teachers, as aforesaid, at stated times and seasons, if there be any one whose instructions they can conscientiously and conveniently attend:

Provided, notwithstanding, 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.

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 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.

And 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 sect or denomination to another shall ever be established by law.

4. The people of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign and independent state; and do and for ever 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.

5. 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.

6. 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 services rendered to the public. And this title being in nature neither hereditary nor transmissible to children, or descendants, or relations of blood, the idea of a man born a magistrate, law. giver or judge is absurd and unnatural.

7. Government is instituted for the common good, for the protection, safety, prosperity and happiness of the people, and not for the

men.

profit, honor or private interest of any one man, family, or any one class of Therefore 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.

8. 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 the 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.

9. 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.

10. Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property according to the standing laws. He is obliged, consequently, to contribute his share to the expense of this protection, to give his personal services, or an equivalent, when necessary. But no part of the property of any individual can with justice be taken from him, or applied to the public use, 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.

11. 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.

12. No person shall be held to answer for any crime 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 person shall have a right to produce all proofs that may be favorable to him, to meet the witnesses against him face to face, and be fully heard in his defence, by himself or counsel, at his election. And no person shall be arrested, imprisoned, or 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.

13. 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.

14. Every person has a right to be secure from all unreasonable searches 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 a warrant to a civil officer to make search in all suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a specific designation of the person or object of search, arrest or seizure.

And no warrant ought to be issued but in such cases and with the formalities prescribed by the laws.

15. In all controversies concerning property, and in all suits between two or

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