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CONSTITUTION
Massachusetts
1780
The
struggle for religious freedom and disestablishment
in Massachusetts is equally interesting and of greater
duration than the events in Connecticut. Beginning in
1631, the General Court decreed that unless one were
a Congregationalist, he could not vote or be in politics.
This decree was one of the major factors of Roger Williams'
banishment to Rhode Island. In 1638, the General Court
ordered a tax on all who did not voluntarily contribute
to the Congregationalist minister's support. In 1672,
the General Assembly ordered banishment for "broaching
and maintaining damnable heresies," which essentially
constituted anything contrary to the teachings of the
established church. Although toleration was extended
to all Protestant Christians in 1691, it did not extend
to Roman Catholics.
From
about the turn of the Eighteenth Century up until the
time of the Revolutionary War, non-established religious
sects succeeded in some of their efforts to chip away
at the wall of church establishment. However, by 1776,
according to General Court decree, anyone choosing to
settle a town along the frontier had to build a Congregational
church and support its minister. Thus, Baptists and
nonconformist settlers often had to build two churches
and support two ministers. This only contributed to
the great strife between Congregationalists and nonconformists.
Although
the Congregational Church was still highly favored,
changes in attitude were apparent. In 1779, the town
of Pittsfield sent a Congregational minister and a Baptist
minister to the constitutional convention. In 1780,
the Massachusetts Provincial Congress adopted the following
constitution and Declaration of Rights. The Declaration
of Rights was largely the work of John Adams. It is
highly possible, from the contents of clause II, that
Adams was influenced by the Virginia Declaration. Although
this Declaration of Rights is a rather conservative
document, it was a big step for Massachusetts, who had
struggled for more than a century to obtain religious
freedom. It was not until 1831 that the Massachusetts
state legislature voted in favor of disestablishment.
In 1833, the third article of the 1780 Declaration of
Rights was finally replaced. The new article promoted
religious freedom and prohibited any form of establishment.
RJ&L
Religious Institutions Group
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 discretion 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.
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Art.
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.
Art.
III. As the happiness of a people, and the good order and
preservation of civil government, essentially depend upon
piety, religion, and mortality; 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 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 by 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.
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 one sect or denomination to another shall ever be established
by law.
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Art.
XIX. The people have a right, in an orderly and peaceable
manner, to assemble to consult upon the common good; give
instructions to their representatives, and to request of
the legislative body, by the way of addresses, petitions,
or remonstrances, redress of the wrongs done them, and of
the grievances they suffer.
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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.
Article
I. Any person chosen governor, lieutenant-governor, councillor,
senator, or representative, and accepting the trust, shall,
before he proceed to execute the duties of his place of
office, make and subscribe the following declaration, viz:
"I,
A. B., do declare that I believe the Christian religion,
and have a firm persuasion of its truth; and that I am seized
and possessed, in my own right, of the property required
by the constitution, as one qualification for the office
or place to which I am elected."
And
the governor, lieutenant-governor, and councillors shall
make and subscribe the said declaration, in the presence
of the two houses of assembly; and the senators and representatives,
first elected under this constitution, before the president
and five of the council of the former constitution; and
forever afterwards, before the governor and council for
the time being.
And
every person chosen to either of the places or offices aforesaid,
as also any person appointed or commissioned to any judicial,
executive, military, or other office under the government,
shall, before he enters on the discharge of the business
of his place or office, take and subscribe the following
declaration and oaths or affirmations, viz:
"I,
A. B., do truly and sincerely acknowledge, profess, testify,
and declare that the commonwealth of Massachusetts is, and
of right ought to be, a free, sovereign, and independent
State, and I do swear that I will bear true faith and allegiance
to the said commonwealth, and that I will defend the same
against traitorous conspiracies and hostile attempts whatsoever;
and that I do renounce and abjure all allegiance, subjection,
and obedience to the King, Queen, or government of Great
Britain, (as the case may be,) and every other foreign power
whatsoever; and that no foreign prince, person, prelate,
state, or potentate hath, or ought to have, any jurisdiction,
superiority, preëminence, authority, dispensing or
other power, in any matter, civil, ecclesiastical, or spiritual,
within this commonwealth; except the authority and power
which is or may be vested by their constituents in the Congress
of the United States; and I do further testify and declare
that no man, or body of men, hath, or can have, any right
to absolve or discharge me from the obligation of this oath,
declaration, or affirmation; and that I do make this acknowledgment,
profession, testimony, declaration, denial, renunciation,
and abjuration heartily and truly, according to the common
meaning and acceptation of the foregoing words, without
any equivocation, mental evasion, or secret reservation
whatsoever: So help me, God."
I,
A. B., do solemnly swear and affirm that I will faithfully
and impartially discharge and perform all the duties incumbent
on me as ____________, according to the best of my abilities
and understanding, agreeably to the rules and regulations
of the constitution and the laws of the commonwealth: So
help me, God."
[Provided
always, That when any person, chosen and appointed as aforesaid,
shall be of the denomination of people called Quakers, and
shall decline taking the said oaths, he shall make his affirmation
in the foregoing form, and subscribe the same, omitting
the words "I do swear," "and abjure," "oath or," "and abjuration,"
in the first oath; and in the second oath, the words, "swear
and," and in each of them the words, "So help me, God;"
subjoining instead thereof, "This I do under the pains and
penalties of perjury."
And
the said oaths or affirmations shall be taken and subscribed
by the governor, lieutenant-governor, and councillors, before
the president of the senate, in the presence of the two
houses of assembly; and by the senators and representatives
first elected under this constitution, before the president
and five of the council of the former constitution; and
forever afterwards before the governor and council for the
time being; and by the residue of the officers aforesaid,
before such persons and in such manner as from time to time
shall be prescribed by the legislature.
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Source:
the federal and state constitutions, colonial charters,
and other organic laws of the united states 956-71 (Ben:
Perley Poore, 1878)
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