of the laws, ought never to be exercised but by the legislature; or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.

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

"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.

"No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatever, without the consent of the people, or their representatives in the legislature.

"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, oppressive, and inconsistent with the fundamental principles of a free government.

"No person ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature. "No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

"In time of peace, no soldier ought to be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made, but by the civil magistrates, in manner ordained by the legislature.

"No person can, in any case, be subjected to law martial, 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 the authority of the legislature.

"It is essential to the preservation 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 security of the rights of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well; and that they should have honorable salaries, ascertained and established by standing laws.

"In the government of this commonwealth, the legislative 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 legislative and executive powers, or either of them to the end that it may be a government of laws, and not of men."

§ 81. By the constitution of this state, the legislative department is formed of two branches, a Senate and House of Representatives, each having a negative on the other. They assemble every year, and are styled "The General Court of Massachusetts." They have full power and authority to erect and constitute judicatures and courts of record, or other courts, to be held in the name of the commonwealth to hear, try and determine, all causes. They have full power and authority to make, ordain and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions, or instructions, either with or without penalties, either for civil or military purposes; to impose and levy taxes, duties and excises; to set forth the powers and duties of

the civil and military officers, and to provide for the defence and support of government. The Senate consists of forty persons, to be annually elected by the freeholders and other inhabitants of the commonwealth, for the districts set apart for them by the General Court. The Senate is the first branch of the legislature: it has full power to determine its own proceedings, choose its own officers, and to be a court, with full authority to hear and determine all impeachments made by the House of Representatives against any officer or officers of the commonwealth; not less than sixteen members to constitute a quorum.

The House of Representatives is a representation of the people annually elected, and founded upon the principles of equality; elected according to the number of ratable polls to which each town is entitled. They have power to impose fines upon towns as shall neglect to choose and return members to represent the same. The House of Representatives is the grand inquest of the commonwealth, and all impeachments are to be made by them and tried by the senate.

They have power to make all money bills with the consent of the senate, the bills to originate with the house. Not less than sixty members to constitute a quorum. It judges of the return and election of its own members, elects its own officers, punishes its members for any misconduct towards themselves, or for a breach of the public peace. No member can be arrested or held to bail while in the assembly, or in going to or returning from it.

The senate has the same powers in like cases.

The senate and house together try all cases where their rights and privileges are concerned, or their own members.

No bill or resolve of the senate or house of represen

tatives can become a law, or have force as such, until it has been laid before the governor for his revisal, who, if he approve it, must sign it: but if not, he must return it with his objections in writing to the house in which it originated, which must enter his objections at large on their records, and re-consider it; and if passed with the concurrence of two-thirds of each house, it then has the force of a law. But in such cases, the vote must be by yeas and nays, and the names of those voting for or against it entered on the record. By an amendment to the constitution it is provided, "If any bill or resolve shall be objected to, and not approved of by the governor; and if the general court shall adjourn within five days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it with his objections, as provided by the constitution; such bill or resolve shall not become a law, nor have force as such."

§ 82. The constitution of New Hampshire, as altered and amended on the second Wednesday of February, 1792, contains a bill of rights, as follows:

"All men are born equally free and independent: Therefore, all government, of right, originates from the people, is founded in consent, and instituted for the general good.

"All men have certain natural, essential, and inherent rights-among which are, the enjoying and defending life and liberty, acquiring, possessing, and protecting property; and, in a word, of seeking and obtaining happiness.

"When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and without such an equivalent the surrender is void.

"Among the natural rights, some are in their very nature unalienable, because no equivalent can be given

or received for them. Of this kind are the rights of

conscience.

"Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience and reason; and no person shall be hurt, molested, or restrained in his person, liberty, or estate, for worshiping God in the manner most agreeable to the dictates of his own conscience, or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace, or disturb others in their religious worship.

"As morality and picty, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the public worship of the Deity, and of public instruction in morality and religion; therefore, to promote these important purposes, the people of this state have a right to empower, and do hereby fully empower, the legislature, to authorize, from time to time, the several towns, parishes, bodies corporate, or religious societies, within this state, to make adequate provision, at their own expense, for the support and maintenance of public protestant teachers of piety, religion, and morality:

"Provided, notwithstanding, That the several towns, parishes, bodies corporate, or religious societies, shall ́at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance: And no person of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect, or denomination.

"And every denomination of Christians, demeaning themselves quietly, and as good citizens of the state,