had the title of honorable. It would not have been matter of regret, if it had met the fate of some other usages of that time.

59. The senators assemble in their chamber, and the representatives in their chamber, on the last Wednesday in May; and the governor of the commonwealth goes into each chamber, where he administers to the members the oath required by the constitution. The Senate chooses a president and clerk. The House chooses a speaker and clerk. The governor is notified who these officers are, and each branch is notified, respectively, of the officers of the other, so that each may know that papers, sent to them from the other, are sent by the proper persons. The governor and council sit, by themselves, in a chamber. This chamber is not open to spectators. Those of the Senate and House are always open to spectators during the session.

60. When a law is to be made, the subject is usually committed to a committee, who report a bill, or a written paper called a bill, containing the proposed law. If in the Senate, the bill is read and debated. If approved of (this is done by a vote), it is ordered to be read again, at some future time, and it is read. If again approved of by a majority, it is passed, and sent to the House of Representatives, where it is read three different times, and debated, if members see fit; and if approved of on the three different readings, it is passed. If there be not a majority, in both branches, in favor of the bill, on each reading, it does not pass. Bills originate in like manner in the House of Representatives. All money bills originate in the House; that is, laws for the raising or paying of money, All bills are read and passed upon in the same manner, whether they come from the Senate, or are to be sent to the Senate, to be acted upon. Bills are acted upon in the Senate in like manner, whether they originate in the Senate or come from the House.

61. As both branches must concur to make a law, each branch can prevent the passing of a bill, approved by the other. When both branches agree, the bill is copied on parchment, signed by the president of the Senate and speaker of the House, and sent to the governor. If he approve of it, and sign it, it becomes a law; and the parchment, so signed, is kept in the secretary's office, and a copy of it is certified by him, and printed; and it appears in the statute book. The word statute means an act of the legislature, and is derived from statuo, to resolve or establish. The word law,

(from the Latin) means the thing chosen, or marked out, as a rule or guide; and comprehends all rules made by authority. A statute is a law, though a law may not be a statute. If the governor disapprove of the proposed law, he returns the bill to the legislature, with his reasons. It is again con

sidered by the legislature, and if two thirds of each branch concur, it is a law, though not signed by the governor. It rarely happens that the governor rejects a bill; still more rare, that the legislature pass the law after the governor does reject it. The power given to him is hardly capable of misuse; and if misused, still the legislature have a remedy in the concurrence of two thirds.

62. The power of the legislature to make laws is limited only by the provisions of the constitutions of the state and of the United States. Every subject which, in their opinion, is connected with the public welfare, is a proper subject for their attention. But they have no power to make any law affecting any particular citizen by name, individually, against his will; except only, that each branch may, by order, imprison any person for contemptuous behavior in their presence. Whenever any legislative measure is proposed, which may affect particular persons, and not all persons, it is an invariable practice to notify it to the interested party, that he may appear, and remonstrate, or be heard before a committee.

63. As it is in the power of the legislature to make any law within the constitutional limits, so it is in their power to repeal any existing law, unless some personal or corporate right was conferred by it; in which case they cannot repeal, unless the power to do so was reserved in the original act. It sometimes happens that a law passes, which is plainly and clearly against the constitution. In such case, if the law is questioned, and comes before the Supreme Judicial Court to be judged of, and is found, by that court, to be irreconcilable to the constitution, they declare it to be void. This power is known only in the American constitutions. It is exercised with great care, and only in clear cases.

64. Besides the laws so made, the people had, before the revolution, the benefit of the common law of England. That benefit the people retained in their new constitution, by providing that all laws adopted, used and approved in the colony, should continue in force until altered or repealed by the legislature.

65. The common law was brought over by our ancestors.

In England, it is grounded on the general customs of the realm. It is founded in reason, and is said by English authorities to be the perfection of reason, acquired by long study, observation and experience, refined by learned men in successive ages. It is the common birthright for the defence of one's goods, lands and revenues; and of one's wife, children, liberty, fame and life. Our own statute law provides, for example, that murder shall be punished with death; but it does not define what murder is. For this definition we resort to the common law. We find this in the books of authority. These contain the description of the crime; and when a trial is had, these books are read. The principles and adjudged cases therein contained, are compared with the case on trial, and furnish the grounds of decision. The common law prescribes the rules of proceeding in a great majority of all the cases, civil and criminal, which are tried in our courts. In those cases in which the principles of the common law have been found unsuitable to our institutions, they have been annulled or modified by our own statutes.

66. It is the duty of the governor to communicate to the legislature, at the beginning of every session, his opinion on the state of the commonwealth; and to recommend for consideration such measures as he finds to be proper. This he does, either by going personally into a convention of both branches, and speaking to them; or by sending to each branch the same written message, which is read to the members by the presiding officers therein. If the former course was pursued, until very lately, each branch made an answer, which was sent by a committee to the governor. This practice of answering has been wisely laid aside. If all the branches are in harmony, that is, free from party divisions (as is happily the case at present), answers are useless; and if divisions exist, answers furnish opportunity for party debates. No answer is made to a message. Of late, the latter mode is most commonly adopted.

67. It sometimes happens that legislative debate calls forth illustrious examples of learning, patriotism and eloquence. Such power has been shown by American citizens in a manner which has rivalled the finest examples of eloquence in any country or age. It has been remarked, however, that eloquence is not so common an accomplishment as might be expected in a government in which so much speaking occurs, and wherein the ability to address the understanding in a persuasive manner, may be applied to the most useful pur

poses. The cause of this is the neglect of proper instruction in our seminaries. The art of speaking has not been regarded as it deserves to be.

CHAPTER VII.

Town Meetings, Choice of Officers, Taxes, &c.

68. In the month of March or April, annually, the inhabitants of towns must be assembled, in the manner before mentioned, for the purpose of choosing town officers. These are selectmen, assessors of taxes, town-clerk, constables, overseers of the poor, surveyors of highways, and several other officers, which the law provides for. At this, or any other meeting, all subjects on which towns can act, may be disposed of, provided notice is given in the warrant for calling the meeting, that they are to be acted on. For the orderly

conducting of meetings, some one of the inhabitants is chosen moderator, who is what the sense of that word implies. Any inhabitant may express his opinion on the subject under consideration, which is usually brought before the meeting by reference to the warrant calling the meeting; and it is decided upon according to the opinion of the majority, ascertained by their votes.

69. The vote is taken after debate is ended. The moderator states the question, and then calls on those who are in favor of it to manifest it by holding up their hands. Then he calls on those who are opposed, to do the same. The greatest number of votes, on the one side or the other, settles the fate of the question, and it is so recorded by the clerk. This record is the only legal evidence of the will of the inhabitants.

70. All officers of the state are chosen by written or printed ballot. Ballot is derived from a French word, meaning a little ball. Different colored balls expressed yes or no to the question to be decided; each voter having two, and putting into a box which of them he pleased. With us, the word means a slip of paper, on which is the name of the person voted for. Town officers may be chosen by ballot, or in such other mode as the inhabitants may agree on.

71. Besides the choice of officers for the town, and the

choosing of state officers, towns have power to do, and are required to do, many acts. They may assess upon the inhabitants all sums of money necessary for town purposes; and among them for repairing highways, erecting or repairing buildings, maintenance of the poor, and many other purposes. They may, in such meetings, choose agents for special purposes; order the disposal of all town property; and, generally, do all acts which concern the common welfare, within the usual power and authority of towns. But there are some things which a majority cannot do. The majority cannot bind the minority to pay assessments for purposes which towns are not competent to order; as matters of charity or mere ornament, and many others; it being well understood, in practice, that the corporate powers of towns are such only as the laws, made in conformity to the constitution, require or permit. It is obvious that each citizen retains for himself the right of deciding whether he will or will not do some things; and as to which the whole community have no political power over him.

72. One object which engages the attention of towns is the assessment of taxes for public uses, whether of the state, or counties, or towns.

The process of taxation is provided for in the constitution, in these words :- "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 taken within the commonwealth anew once in every ten years, and as much oftener as the General Court shall order."

73. Under this provision, it is the course of the legislature to provide by law for the enumeration of polls, and the valuing of all property in the state. Poll is said to be a Saxon word, meaning head. In the constitution, it means a person; that is, the number of heads, or persons, who are liable to taxation. Poll is used to signify an election, because the result depends upon the number of persons who act therein. Going to the polls," is going to vote, or to the place of voting.

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74. The assessors of every town, district or plantation, are required to return to the General Court such enumeration and valuation. A large committee of the legislature is chosen, to whom these returns of the assessors are committed;