confiftent with the fundamental principles of a free government.

XXV. No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature.

XXVI. No magiftrate or court of law shall demand exceffive bail or fureties, impose exceffive fines, or inflict cruel or unufual pu

nishments.

XXVII. In time of peace, no foldier ought to be quartered in any house without the consent 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 case be fubjected 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 fervice, but by authority of the legiflature.

XXIX. It is effential 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

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 fupreme judicial court should hold their offices as long as they behave themselves well ; and that they should have honourable falaries, ascertained and established by standing laws.

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 fhall 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.

TH

HE people inhabiting the territory formerly called the Province of Maffachufetts-Bay do hereby folemnly and mutually agree with each other, to form themselves into a Free, Sovereign, and Independent Bodypolitic or State, by the name of THE COMMONWEALTH OF MASSACHUSETTS.

СНА Р. І.

The LEGISLATIVE POWER.

§. 1.

THE GENERAL

COURT.

I. THE department of legislation shall be formed by two branches, a SENATE, and HOUSE OF REPRESENTATIVES, each of which fhall have a negative on the other.

The legislative body shall affemble every year on the last Wednesday in May, and at such other times as they fhall judge necessary; and

fhall

fhall diffolve and be diffolved on the day next Preceding the faid last Wednesday in May; and fhall be stiled THE GENERAL COURT OF MASSACHUSETTS.

II. No bill or refolve of the Senate or House of Representatives fhall become a law, and have force as fuch, until it shall have been laid before the Governor for his revifal; and if he, upon fuch revifion, approve thereof, he shall fignify his approbation by figning the fame. But if he have any objection to the paffing of fuch bill or refolve, he shall return the fame, together with his objections thereto, in writing, to the Senate or House of Representatives, in which-foever the fame fhall have originated; who shall enter the objections fent down by the Governor at large on their records, and proceed to reconfider the said bill or refolve. But if after fuch reconfideration, two-thirds of the faid Senate or House of Representatives shall, notwithstanding the said objections, agree to pass the same, it fhall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconfidered, and if approved by two-thirds of the Mem

E 2

bers

bers prefent, it shall have the force of a law. But in all fuch cases, the votes of both Houses shall be determined by yeas and nays; and the names of the perfons voting for or against the faid bill or refolve, fhall be entered upon the public records of the Commonwealth.

And in order to prevent unneceffary delays, if any bill or refolve fhall not be returned by the Governor within five days after it thall have been presented, the fame shall have the force of a law.

III. The General Court fhall for ever have full power and authority to erect and conftitute judicatories and courts of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, proceffes, plaints, actions, matters, caufes, and things whatfoever, arifing or happening within the Commonwealth, or between or concerning perfons inhabiting, or refiding, or brought within the fame, whether the fame be criminal or civil, or whether the faid crimes be capital or not capital, and whether the faid pleas be real, perfonal, or mixed; and for the awarding and making out of exe

cution