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Jess, in caufes arising on the high seas, and such as relate to mariner's wages, the Legislature shall, hereafter find it necesary to alter it.

XVI. T'he 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 consent of the Legislature ; and the military power shall always be held in exaćt subordination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental principles of the Constitution, and a constant adherence to those of picty, justice, moderation, temperance, induftry, and frugality, are absolutely 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 law-givers 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 allemble to confult upon the common good; give instructions to their representatives ; and to request of the legislative 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 exe. cution of the laws, ought never to be exercised, but by the Legislature, or by authority derived from it, to be exerciled in fuch particular cases only, as the Legislature hall expressly provide for.

XXI. The freedom of deliberation, speech and debare, in either House of the Legislature, is so effential 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.

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XXII. The Legislature ought frequently to assemble, . for the redress of grievances, for correcting, ttrengtbening and confirming the laws, and for making new laws, as the common goud may require,

XXIII. No fubfidy, charge, tax, impoft, 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 Legislature.

XXIV. Laws, made to puoith for actions, dope 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.

XXV. No fubject ought, in any case, or in anv time, to be declared guilty of treason or felony by the Legisla

XXVI No Magistrate, or court of law, shall demand exceflive bail or fureties, impole exceffive fines, or indlict cruel or unusual punishments.

XXVII. In time of peace no soldier ought to be quartered in any houle, 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 ordaised by the Legislature.

XXVIII. No person can, in any cafe, 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 authority of the Legislature.

XXIX. It is essential co the prelervation of the rights of every individual, his life, liberty, property, and character, that there be au 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 jodependent, as the lor of humaoiry will admit, It is, therefore, not only the bett policy, but for the lecurity 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 mould have honourable {alaries, ascertained and established by Itanding laws.

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XXX. In the goveroment of this Commonwealth, the legilarive department Thall 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 hall never exercise the legillative 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 folemoly and mutually agree with each other, to form themselves into a free, lovereigo, and Independent Body Poliric, or State, by the name of, The Commonwealth of Massachusetts.

CHAP. I.-SECT. I.
THE LEGISLATIVE POWER.

THE GENERAL COURT Art. 1. THE department of legislation shall be formed by two branches, a Senate and House of Reprefentatives ; each of which shall have a negative on the other.

The Legislative body hall assemble every year, on the last Wednesday in May, and at such other times as they fall judge necessary; and shall dissolve and be diffolved, on the day next preceding the said last Wednesday in May, and shall be filed, The General Court of Massachusetts.

11. No bill or resolve of the Senate or House of Re. presentatives fall 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 passing of such bill or resolve, bethall return the same, together with his objectious thereto, in writing, to the Senate or House of Representatives in which toever the saine shall have originated; who shall enter the objections fet down by the Governor, at large, on their records, and proceed

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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

inst 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

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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

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