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between two or more perfons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by a jury; and this method of procedure shall be held facred, unless, in caufes arifing on the high f as, and such as relate to mariners wages, the legiflature shall hereafter find it neceffary to alter it.

XVI. The liberty of the press is essential to the security of freedom in a state; it ought not, therefore, to be restrained in this commonwealth.

XVII. The people have a right to keep and to bear arms for the common defence. And as in time of peace armies are dangerous to liberty, they ought not to be maintained without the confent of the legislature, and the military power shall always be held in exact fubordination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental principles of the conftitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are abfolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives: And they have a right to require of their lawgivers and magiftrates, an exact and constant observance of them, in the formation and execution of all laws necessary for the good administration of the commonwealth.

XIX. The people have a right, in an orderly and peaceable manner, to affemble to confult upon the common good; give instructions to their representatives; and to request of the legiflative body, by the way of addresses, petitions, or remonftrances, redress of the wrongs done them, and of the grievances they fuffer.

XX. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legiflature, or by authority derived from it, to be exercised in such particular cafes only as the legislature shall exprefly provide for.

XXI. The freedom of deliberation, speech, and debate, in either house of the legislature, is so effential to the rights of the people, that it cannot be the foundation of any accufation or profecution, action, or complaint, in any other court or place whatsoever.

XXII. The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws, as the common good may require.

XXIII. No fubfidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legiflature.

XXIV. Laws

XXIV. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppreffive, and inconfiftent with the fundamental principles of a free government.

XXV. No fubject ought, in any cafe, or in any time, to be declared guilty of treason or felony by the legiflature.

XXVI. No magiftrate or court of law shall demand excessive bail or fureties, impose excessive fines, or inflict cruel or unusual punishments.

XXVII. In time of peace, no foldier ought to be quartered in any house without the confent of the owner; and in time of war, fuch quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature.

XXVIII. No perfon can in any cafe be subjected to lawmartial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.

XXIX. It is effential to the prefervation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial, and independent, as the lot of humanity will admit. It is, therefore, not only the best policy, but for the fecurity of the rights of the people, and of every citizen, that the judges of the fupreme judicial court should hold their offices as long as they behave themselves well; and that they should have honourable falaries, afcertained and established by ftanding laws.

XXX. In the government of this commonwealth, the legiflative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The judicial shall never exercise the legiflative and executive powers, or either of them: to the end, it may be a government of laws, and not of

men.

T

PART II.

The FRAME of GOVERNMENT.

HE people inhabiting the territory formerly called the Province of Massachusetts-Bay, do hereby folemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body-politic or state, by the name of, The COMMONWEALTH of MASSACHUSETTS.

CHAPTER

CHAPTER İ.

THE LEGISLATIVE POWER.

SECTION I.

The GENERAL

COURT.

Art. L. THE department of legislation shall be formed by two branches, a Senate, and House of Representatives; each of which shall have a negative on the other.

The legislative body shall assemble every year on the last Wednesday in May, and at fuch other times as they shall judge neceffary; and shall dissolve and be dissolved on the day next preceding the faid last Wednesday in May; and shall be stiled, The General Court of Massachusetts.

II. No bill or resolve of the senate or house of representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the fame. But if he have any objection to the paffing of fuch bill or resolve, he shall return the same, together with his objections thereto, in writing, to the fenate or house of reprefentatives, in which soever the same shall have originated; who shall enter the objections sent down by the governor at large on their records, and proceed to reconfider the faid bill or resolve: But if after such reconfideration, two-thirds of the faid senate or house of representatives shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, it shall have the force of a law: But in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the perfons voting for or against the said bill or refolve, shall be entered upon the public records of the commonwealth.

And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law.

III. The general court shall for ever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes, and things whatsoever, arifing or happening within the commonwealth,

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wealth, or between or concerning persons inhabiting, or residing, or brought within the same; whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the faid pleas be real, personal, or mixed; and for the awarding and making out of execution thereupon: To which courts and judicatories are hereby given and granted full power and authority, from time to time, to adminifter oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.

IV. And further, full power and authority are hereby given and granted to the faid general court, from time to time, to make, ordain, and establish, all manner of wholesome and reafonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof and of the subjects of the fame, and for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within the faid commonwealth, the election and conftitution of whom are not hereafter in this form of government otherwise provided for; and to fet forth the several duties, powers, and limits, of the feveral civil and military officers of this commonwealth, and the forms of fuch oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the fame be not repugnant or contrary to this constitution; and to impose and levy proportional and reasonable affefsments, rates, and taxes, upon all the inhabitants of, and persons refident, and estates lying, within the said commonwealth; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandizes, and commodities whatfoever, brought into, produced, manufactured, or being within the fame, to be issued and disposed of by warrant under the hand of the governor of this commonwealth for the time being, with the advice and confent of the council, for the public service, in the neceffary defence and support of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the fame.

And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised; in order that fuch assesiments may be made with equality, there shall be a valuation of erates within the commonwealth taken anew once in every ten years at the least, and as much oftener as the general court shall order.

CHAP. I. SECT. II.

SENATE.

Art. I. THERE shall be annually elected by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors and senators for the year enfuing their election; to be chosen by the inhabitants of the districts into which the commonwealth may from time to time be divided by the general court for that purpose. And the general court, in affigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the number of councillors and senators to be chosen therein, provided that the number of such districts shall be never less than thirteen; and that no district be so large as to entitle the fame to chuse more than fix fenators.

And the feveral counties in this commonwealth shall, until the general court shall determine it neceffary to alter the said districts, be districts for choice of councillors and fenators (except that the counties of Dukes-county and Nantucket shall form one district for that purpose), and shall elect the following number for councillors and fenators, viz.

II. The fenate shall be the first branch of the legiflature; and the fenators shall be chofen in the following manner, viz. There shall be a meeting on the first Monday in April annually, forever, of the inhabitants of each town in the several counties of this commonwealth; to be called by the select men, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and councillors: And at fuch meetings every male inhabitant of twenty-one years of age and upwards, having a freehold

eftate within the commonwealth of the annual income of three pounds, or any eftate of the value of fixty pounds, shall have a

right