cases but by trial

shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, No capital pun liberty, or estate, but by the judgment of his peers, or ishment in civil the law of the land. And the Legislature shall not make by jury. any law, that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.

ARTICLE XIII.

criminal prose

In criminal prosecutions, the verification of facts, in Proof of facts in the vicinity where they happen, is one of the greatest cutions. securities of the life, liberty and property of the citizen.

ARTICLE XIV.

Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause

unreasonable

or foundation of them be not previously supported by Security from oath or affirmation; and if the order, in the warrant, to searches and a civil officer, to make search in suspected places, or to seizures. arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: And no warrant ought to be issued, but in cases, and with the formalities, prescribed by the laws.

ARTICLE XV.

In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherwise used and practised, the parties have a right to a trial by jury; and Trial by jury sathis method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the Legislature shall hereafter find it necessary to alter it.

ARTICLE XVI.

cred

The liberty of the press is essential to the security Liberty of the of freedom in a State; it ought not, therefore, to be re- press essential. strained in this Commonwealth.

Right to keep

arms.

ARTICLE 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 mainMilitary subordi- tained, without the consent of the Legislature; and the nate to civil pow-military power shall always be held in exact subordination to the civil authority, and be governed by it.

er.

influence elec

ARTICLE XVIII.

A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary, to preserve the adPrinciples of the vantages of liberty, and to maintain a free government. Constitution to The people ought, consequently, to have a particular tions and magis attention to all those principles, in the choice of their officers and representatives; and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them in the formation and execution of the laws, necessary for the good administration of the Commonwealth.

trates.

ARTICLE XIX.

The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good; Right to meet & give instructions to their representatives; and to remon good, & quest of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.

consult on com

Suspension of law restricted.

ARTICLE XX.

The power of suspending the laws, or the execution 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.

ARTICLE XXI.

The freedom of deliberation, speech, and debate, in either House of the Legislature, is so essential to the Freedom of de- rights of the people, that it cannot be the foundation of bate in the Le any accusation, or prosecution, action, or complaint, in any other court or place whatsoever.

ARTICLE XXII.

The Legislature ought frequently to assemble, for the

redress of grievances, for correcting, strengthening, and General Court to confirming the laws, and for making new laws, as the assemble often. common good may require.

ARTICLE XXIII.

consent of the

No subsidy, charge, tax, impost, or duties, ought to Taxes to be by be established, fixed, laid, or levied, under any pretext people or their whatsoever, without the consent of the people, or their representatives. representatives in the Legislature.

ARTICLE XXIV.

Laws made to punish for actions done before the ex

istence of such laws, and which have not been declared Ex post facto crimes by preceding laws, are unjust, oppressive, and laws unjust. inconsistent with the fundamental principles of a free

government.

ARTICLE XXV.

No subject ought, in any case, or in any time, to be Treason& felony declared guilty of treason or felony, by the Legislature.

ARTICLE XXVI.

No magistrate, or court of law, shall demand exces- Excessive bail, sive bail, or sureties, impose excessive fines, or inflict &c. not to be decruel or unusual punishments.

ARTICLE XXVII.

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 magistrate, in a manner ordained by the Legislature.

ARTICLE XXVIII.

manded.

Troops not to be quartered in any

house without consent of owner

No person can, in any case, be subjected to law martial, or to any penalties or pains, by virtue of that law, No person sub except those employed in the army or navy, and ex- ject to martial law, except officept the militia, in actual service, but by authority of cers of army, &c. the Legislature.

ARTICLE XXIX.

It is essential to the preservation of the rights of every

istration of jus

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 indeImpartial admin pendent, as the lot of humanity will admit. It is, tice is essential. 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.

ARTICLE XXX.

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, 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 Massachusetts Bay, do hereby solemnly 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 I..

THE LEGISLATIVE POWER.

SECTION I.

THE GENERAL COURT.

-

ARTICLE I.

THE department of Legislation shall be formed by

two branches, a Senate and House of Representatives; Legislature two each of which, shall have a negative on the other.

branches.

meet in May.

The legislative body shall assemble every year, on the last Wednesday in May, and at such other times, Legislature to as they shall judge necessary; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May; and shall be styled, The General Style. Court of Massachusetts.

ARTICLE II.

solves shall have

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 same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the Senate or House of Representatives, in whichsoever the same shall have originated; who shall enter the objections, How bills and resent down by the Governor, at large, on their records, force of laws. and proceed 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, 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.

five days.

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

ARTICLE III.

The General Court shall forever have full power and Legislature to authority to erect and constitute judicatories, and courts erect Courts. of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determi