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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 cafes only as the legislature shall exprefly provide for.

XXI. The freedom of deliberation, fpeech, and debate, in either Houfe of the Legislature, is fo effential to the rights of the people, that it cannot be the foundation of any accufation or profecution, action or complaint, in any other court or place whatsoever.

XXII. The legislature ought frequently to affemble for the redrefs of grievances, for correcting, ftrengthening, and confirming the laws, and for making new laws, as the common good may require.

XXIII. No fubfidy, charge, tax, impoft, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the confent of the people, or their representatives in the legislature.

XXIV. Laws made to punish for actions done before the existence of fuch laws, and which have not been declared crimes by preceding laws, are unjuft, oppreffive, and in

confiftent

confiftent with the fundamental principles of a free government.

XXV. No fubject ought, in any cafe, 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 unusual punishments.

XXVII. In time of peace, no foldier ought to be quartered in any houfe without the confent 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 cafe 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 juftice. 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 fhould have honourable falaries, afcertained 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 exercife the legislative and executive powers, or either of them; to the end it may be a government of laws, and not of men.

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PART II.

THE

FRAME OF GOVERNMENT.

T

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.

CHA P. I.

сн

The LEGISLATIVE POWER.

§. I.

THE GENERAL COURT.

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

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

fhall

fhall diffolve and be diffolved on the day next Preceding the said last Wednesday in May; and shall be stiled THE GENERAL COURT OF MAS-SACHUSETTS.

II. No bill or refolve of the Senate or House of Representatives fhall become a law, and have force as fuch, until it fhall have been laid before the Governor for his revisal; 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 fhall 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 faid bill or refolve. But if after fuch reconfideration, two-thirds of the faid Senate or House of Representatives shall, notwithstanding the faid objections, agree to pass the fame, it fhall, together with the objections, be fent to the other branch of the legislature, where it shall also be reconfidered, and if approved by two-thirds of the Mem

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