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Jess, in caufes arifing on the high feas, and fuch as relate to mariner's wages, the Legiflature shall hereafter find it neceflary to alter it.

XVI. The Liberty of the Prefs is effential to the fecurity of freedom in a ftate; 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 Legiflature; and the military power fhall 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 conftant adherence to thofe of piety, juftice, moderation, temperance, induftry, and frugality, are abfolutely neceffary to preferve the advantages of liberty, and to maintain a free government. The People ought, confequently, to have a particular attention to all thofe principles, in the choice of their officers and reprefentatives; and they have a right to require of their law-givers and magiftrates, an exact and conftant obfervance of them, in the formation and execution of all laws neceffary 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 inftructions to their reprefentatives; and to request of the legislative body, by the way of addreffes, petitions or remonftrances, redrefs of the wrongs done them, and of the grievances they fuffer.

XX. The power of fufpending the laws, or the exe. cntion of the laws, ought never to be exercised, but by the Legislature, or by authority derived from it, to be exercifed in fuch particular cafes only, as the Legiflature fhall exprefsly provide for.

XXI. The freedom of deliberation, fpeech and debate, in either Houfe of the Legiflature, is fo 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 whatfoever.

The

XXII. The Legislature ought frequently to affemble, for the redress of grievances, for correcting, ftrengthening and confirming the laws, and for making new laws, as the common good may require.

XXIII. No fubfidy, charge, tax, impoft, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the confent of the People, or their Reprefentatives in the Legislature.

XXIV. Laws, made to punish for actions, done before the existence of fuch 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 treafon or felony by the Legisla

ture.

XXVI No Magiftrate, or court of law, fhall demand exceffive bail or fureties, impofe exceffive fines, or inflict cruel or unufual punishments.

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

XXVIII. No perfon can, in any cafe, be fubjected to law martial, or to any penalties or pains, by virtue of that law, (except thofe employed in the army or navy, and except the militia, in actual fervice) but by authority of the Legiflature.

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 adminiftration 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 Supreme Judicial Court fhould hold their offices as long as they behave themselves well; and that they fhould have honourable falaries, afcertained and established by ftanding laws.

XXX. In the government of this Commonwealth, the legislative department thall never exercife the executive and judicial powers, or either of them; the executive shall never exercife the legiflative and judicial powers, or either of them; the judicial fhall never exercite the legislative and executive powers, or either of them; to the end it may be a government of Laws and not of Men.

PART II.

THE FRAME OF GOVERNMENT.

THE People inhabiting the territory formerly called the Province of Maffachusetts Bay, do hereby folemnly and mutually agree with each other, to form themselves into a free, fovereign, and Independent Body Politic, or State, by the name of, The Commonwealth of Maffachusetts.

CHAP. I.-SECT. I.

THE LEGISLATIVE POWER.

THE GENERAL COURT

ART. I. THE department of legiflation fhall be formed by two branches, a Senate and Houfe of Repre fentatives; each of which shall have a negative on the other.

The Legislative body fhall affemble every year, on the last Wednesday in May, and at fuch other times as they fhall judge neceffary; and fhall diffolve and be dif folved, on the day next preceding the faid last Wednesday in May, and shall be filed, The General Court of Maffachufetts.

11. No bill or refolve of the Senate or House of Reprefentatives fhall become a law, and have force as fuch, until it fhall have been laid before the Governor for his revifal And if he, upon fuch revifion, approve thereof, he fhall fignify his approbation by figning the fame. But if he have any objection to the paffing of fuch bill or refolve, he thall return the fame, together with his objectious thereto, in writing, to the Senate or House of Representatives in which foever the fame fhall have originated; who fhall enter the objections fet down by the Governor, at large, on their records, and proceed

to

to reconsider the said bill or resolve: But if after such reconsideration, two-thirds of the said 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 persons voting for or against the said bill or resolve, 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 forever have full power and authority to erect and constitute judicatories, and Courts of record, or otherCourts, 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, arising or happening within the Commonwealth, 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 said 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 administer 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 said General Court, from time to time, to make, ordain and establish, all manner of wholesome, and reasonable 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

for the government and ordering thereof, and of the subjects of the same, 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 said Commonwealth, the election and constitution of whom are not hereafter, in this form of government, otherwise provided for; and to set forth the several duties, powers and limits, of the several civil and military officers of this Commonwealth, and the forms of such oaths or affirmations as shall be respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this Constitution; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying within the said Commonwealth; and also to impose, and levy reasonable duties and excises upon any produce, goods, wares, merchandises, and commodities whatsoever, brought into, produced, manufactured, or being within the same; 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 consent of the Council, for the public service, in the necessary 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 same.

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 such assessments may be made with equality, there shall be a valuation of estates 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 per

sons

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