eftablish by their frame of government, have an equal right to elect officers, and to be elected for public employments.

X. Each individual of the fociety has a right to be protected by it, in the enjoyment of his life, liberty, and property, according to standing laws. He is obliged, confequently, to contribute, his fhare to the expenfe of this protection; to give his perfona! fervice, or an equivalent, when neteffary: but no part of the property of an individual can, with juftice, be taken from him, or applied to public ufes, without his own confent or that of the reprefentative body of the people: in fine, the people of this Cominonwealth are not controulable by any other laws than thofe to which their conftitutional reprefentative body have given their confent. And whenever the public exigencies require that the property of any individual fhould be appropriated to public ufes, he fhall receive a reasonable compenfation therefor.

XI. Every fubject of the Commonwealth ought to find a certain remedy, by having recourfe to the laws for all injuries or wrongs which he may receive in his perfon, property, or charafter. He ought to obtain right and juftice freely, and without being obliged to purchase it, completely and without any denial, promptly and without delay, conformably to the laws.

XII. No fubje&t fhall be held to answer for any crime or offence, until the fame is fully and plainly, fubftantially and formally, described to him; or be compelled to accule, or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favourable to him; to meet the witneffes against him face to face, and to be fully heard in his defence by himfelf or his counfel, at his election. And no fubject fhall be arrested, imprisoned, defpoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or eftate, but by the judgment of his peers, or the law of the land.

And the legislature fhall not make any law that shall fubject any perfon to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.

XIII. In criminal profecutions, the verification of facts in the vicinity where they happen, is one of the greateft fecurities of the life, liberty, and property of the citizen.

XIV. Every subject has a right to be fecure from all unreafonable fearches, and feizures of his perfon, his houfes, his pa-

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pers, and all his poffeffions. All warrants, therefore, are ton trary to this right, if the caufe or foundation of them be not previoully fupported by oath or afhrmation; and if the order in a warrant to a civil officer, to make search in all fufpected places, or to arrest one or more fufpected perfons, or to seize their property, be not accompanied with a fpecial defignation of the perfons or objects of search, arreft, or seizure; and no warrant ought to be iffued, but in cafes and with the formalities prefcribed by the laws.

XV. In all controverfies concerning property, and in all fuits between two or more perfons, except in cafes in which it has heretofore been otherways used and practifed, the parties have a right to a trial by a jury; and this method of procedure fhall be held facred, unlefs, in caufes arifing on the high feas, and fuch as relate to mariners wages, the legislature fhall hereafter find it neceffary to alter it.

XVI. The liberty of the prefs is effential to the fecurity 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 confent of the legislature; and the military power fhall always be held in exact fubordination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental principles of the conftitution, and a conftant adherence to those of piety, juftice, moderation, temperance, induftry, and frugality, are ab folutely neceffary to preferve the advantages of liberty, and to maintain a free government. The people ought, confequently, to have a particular attention to all thofe principles in the choice of their officers and representatives; and they have a right to require of their lawgivers and magiftrates an exa and conftant obfervance of them, in the formation and execution of all laws neceflary for the good administration of the Commonwealth.

XIX. The people have a right, in an orderly and peaceable manner, to affemble to confult upon the common good; give in ftructions to their reprefentatives, and to request of the legiflative body, by the way of addreffes, petitions or remonftran ces, redrefs of the wrongs done them, and of the grievances they fuffer.

XX. The power of fufpending the laws, or the execution of the laws, ought never to be exerciled but by the legislature,

or by authority derived from it, to be exercifed in fuch particular cafes only as the legislature fhall expressly provid for.

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

XXII. The legislature ought frequently to affemble for the redress 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 whatfoever, without the confent of the people, or their reprefentatives in the legidature.

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 inconfiftent with the fundamental principles of a free government.

XXV. No fubje&t ought, in any cafe, or in any time, to be declared guilty of treafon or felony by the legislature.

XXVI. No magiftrate or court of law fhall demand exceffive bail or fureties, impofe exceffive fines, or inflict cruel or unusual punishments,

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 magiArate, 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 legislature.

XXIX. It is effential to the prefervation 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 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 fhould hold their offices as long as they behave themselves well : and that they should have honourable falaries, ascertained and established by fanding laws.

XXX. In the government of this Commonwealth, the legiflative department fhall never exercile the executive and judicial powers, or either of them; the executive shall never exercile the legiflative and judicial powers, or either of them; the judicial fhall never exercile the legislative and executive powers, or either of them, to the cnd it may be a government of laws, and not of men.

THE GENERAL COURT.

I. The department of legiflation fhall 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 laft Wednesday in May, and at fuch other times as they fhall judge neceffary; and fhall diffolve and be diffolved on the day next preceding the faid laft Wednesday in May, and fhall be filed THE GENERAL COURT OF MASSACHUSETTS.

II. No bill or refolve of the Senate or House of Reprefentatives fall become a law, and have force as fuch, until it fhall have been laid before the governor for his revifal; and if he, upon fuch revifion, approve thereof, he fhall 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 thall have originated; who fhall enter the objections fent down by the governor at large on their records, and proceed to re-confider the faid bill or refolve. But if after fuch re-confideration, two-thirds of the faid Senate or House of Reprefentatives fhall, notwithstanding the faid objections, agree to pafs the fame, it fhall together with the objections, be fent to the other branch of the legislature, where it fhall alfo be re-confidered, and if approvod by two-thirds of the members prefent, it fhall have the force of a law. But in all fuch cafes, the votes of both Houfes fhall 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 unneceflary delays, if any bill or refolve fhall not be returned by the governor within five days

after it fhall have been prefented, the fame fhall 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 all manner of crimes, offences, pleas, proceffès, plaints, actions, matters, caufes, and things what foever, 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 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 difcovery of truth in any matter in controverfy or depending before them.

IV. And further, full power and authority are hereby given and granted to the faid General Court from time to time to make, ordain, and establish all manner of whole fome and reafonable orders, laws, ftatutes and ordinances, directions and inftructions, either with penalties or without, fo as the fame be not repugnant or contrary to this conftitution, as they fhall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the fubjects of the fame, and for the neceffary fupport and defence of the government thereof; and to name and fettle annually, or provide by fixed laws, for the naming and fettling all civil officers within the faid Commonwealth, the election and conftitution of whom are not hereafter in this form of goverument otherwife provided for; and to fet forth the feveral duties, powers, and limits, of the feveral civil and military officers of this Commonwealth, and the forms of fuch oaths or affirmations as fhall be refpectively adminiftered unto them for the execution of their feveral offices and places, fo as the fame be not repugnant or contrary to this conftitution; and to impofe and levy proportional and reasonable affeffments, rates, and taxes, upon all the inhabitants of, and perfons refident, and estates lying within the faid Commonwealth; and alfo to impofe and levy reafonable duties and excifes upon any produce, goods, wares, merchandizes, and commodities whatfoever, brought into, produced, manufactured, or being within the fame, to be iflued and difpofed of by warrant under the hand of the governor of