or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defence by himself, or his counsel, at his election. And no subject shall be arrested, imprisoned, despoiled, or deprived of his prop- erty, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, And the legislature shall not make any law that shall XIII. In criminal prosecutions, the verification of facts, XV. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this 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. press. XVI. The liberty of the press is essential to the secu- Liberty of the rity 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, 5 Gray, 121. Moral qualifica- the military power shall always be held in an exact subor- XVIII. A frequent recurrence to the fundamental and representatives: and they have a right to require of tions of lawg their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the XIX. The people have a right, in an orderly and peace- resentatives and able manner, to assemble to consult upon the common good; give instructions to their representatives, and to request of the legislative body, by the way of addresses, XX. The power of suspending the laws, or the execu- pender tion of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised Freedom of de- bate, etc., and XXI. The freedom of deliberation, speech, and debate, Frequent ses. XXII. The legislature ought frequently to assemble XXIII. No subsidy, charge, tax, impost, 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 punish for actions done before laws prohibited. the existence of such laws, and which have not been de- clared crimes by preceding laws, are unjust, oppressive, XXVI. No magistrate or court of law shall demand XXVII. In time of peace, no soldier ought to be quar- tered in any house without the consent of the owner; and XXVIII. No person can in any case be subject 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 legis XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property, and charac- ter, 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 inde- pendent as the lot of humanity will admit. It is, 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 Salaries. XXX. In the government of this commonwealth, the Separation of legislative department shall never exercise the executive ela, and legis- 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 The people, inhabiting the territory formerly called the Title of body Legislative department. For change of time, etc., see amendments, Art. X. Governor's veto. 99 Mass. 636. 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; each of which shall have a negative on the other. The legislative body shall assemble every year [on the last Wednesday in May, and at such other times 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 COURT OF MASSACHUSETTS. II. 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 sent down by the governor, at large, on their records, 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, notwithhouse, 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. Bill may be passed by twothirds of each standing. For exception in case of adjournment of the general court within the five days, see amendments, Art. I. 3 Mass. 567. General cour* may constitute judicatories, 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 etc. 12 Gray, 147, courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearing, trying, and deter- & Gray, 1. mining of all manner of crimes, offences, pleas, processes, 154 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 Courts, etc., 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. may administer General court may enact laws, etc. 4 Allen, 473. 237. 2 Gray, 426. 557. may enact laws, etc., not repugnant to Allen, 358. the constitution. may provide for the election or appointment of officers. 115 Mass. 602. may prescribe their duties. 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 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, merchandise, 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 sup may impose taxes, etc. 5 Allen, 428. 10 Allen, 235. 12 Mass. 252. Allen, 558. Allen, 247, 253. 11 Allen, 268. 255, 255, 240, 298, 300, 312, 313, 500, 98 Mass. 19. 101 Mass. 575, 103 Mass. 267. 12 Allen, 77, 223, 612. 100 Mass. 285. 585. 114 Mass. 388, |