trary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued but in cases and with the formalities prescribed by the laws.

XV. [XVI.] In all controversies concerning property, and in all suits between two or more persons, 1 the parties have a right to a trial by [a] 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.

XVI. [XVII.] The people have a right to the freedom of speaking, writing, and publishing their sentiments. The liberty of the press, therefore, ought not to be restrained.2

XVII. [XVIII.] The people have a right to keep and to bear arms for the common defence. And as in time of peace [standing] 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 an exact subordination to the civil authority, and be governed by it.

XVIII. [XIX.) A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, 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 lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth.

XIX. [XX.] The people have a right, in an orderly and peaceable 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, petitions, or remonstrances, redress of the wrongs done them, and the grievances they suffer.

XX. [XXI.] 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 cases only as the legislature shall expressly provide for; [and there shall be no suspension of any law for the private interest, advantage, or emolument, of any one man, or class of men.]

XXI. [XXII.] The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential 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.

XXII. [XXIII.) The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws as the common good may require.

XXIII. [XXIV.] 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. [XXV.] Laws made to punish for actions done 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. [XXVI.] No man1 ought in any case, or in any time, to be declared guilty of treason or felony by [any act of] the legislature.

XXVI. [XXVII.] No magistrate or court of law shall demand excessive bail, or sureties, impose excessive fines, or inflict cruel or unusual punishments.

XXVII. [XXVIII.] In time of peace, no soldier ought to be quartered in any house 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 ordained by the legislature.

XXVIII. [XXIX.] No person can in any case 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. [XXX.] It is essential 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 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 security of the rights of the people and of every citizen, that the judges should hold their offices as long as they behave themselves well, and that they should have honorable salaries ascertained and established by standing laws.

1 "subject"

• "of the supreme judicial court"

Extract from the Journal of the Convention.

"After long debate, it was moved and seconded, that the sense of the convention be taken upon the word 'judges,' in said article; in order to which a question was moved and seconded, namely, whether it be the sense of this convention, that the judges of the supreme judicial court of this commonwealth, ought to be appointed to hold their office during good behavior;' which, being put, passed in the affirmative, by seventy-eight out of one hundred and thirteen, (ayes 78, noes 35.)

"It was then moved and seconded, that a question be put: whether it is the opinion of this convention, that the judges of the courts of common pleas, in this ommonwealth, ought to be appointed to hold their offices during good behavior; which was accordingly put, and passed in the negative, by fifty-seven out of one hundred and nineteen, (ayes 57, noes 62.)'

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This decision was reversed on a subsequent day, by sixty-two out of eighty-six, (ayes 62, nays 24.)

XXX. [XXXI.] The judicial department of the state ought to be separate from, and independent of, the legislative and executive powers.1

[CHAPTER II.2]

THE FRAME OF GOVERNMENT.

THE people inhabiting the territory heretofore called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or State, by the name of THE COMMONWEALTH OF MASSACHUSETTS.

In the government of the Commonwealth of Massachusetts, the legislative, executive, and judicial power shall be placed in separate departments, to the end that it might be a government of laws, and not of men.

[4]

SECTION 1.

[5]

ART. 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.

They shall assemble once, on the last Wednesday in May, and at such other times as they shall judge necessary, [every year,] 8 and shall be styled THE GENERAL COURT OF MASSACHUSETTS.

1 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 jud judicial powers, or either of them; the judicial shall 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. 2 "PART THE SECOND."

Extract from the Journal.

3 "formerly "

"On a motion, made and seconded, that the word 'Massachusetts' be expunged, and that the word 'Oceana' be substituted, the same was put, and passed in the negative."

4 "CHAPTER L. THE LEGISLATIVE POWER." 6 "The legislative body"

5 The General Court.

7 "every year

8 "and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May,"

The convention of 1820 changed the beginning of the legislative year to [And the first magistrate shall have a negative upon all the laws, that he may have power to preserve the independence of the executive and judicial departments.] 1

January, as will be seen by the following, which is the tenth amendment adopted by the people:

Amendment.

ART. 10. The political year shall begin on the first Wednesday of January, instead of the last Wednesday of May; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the governor. The governor, lieutenantgovernor, and counsellors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.

The meeting for the choice of governor, lieutenant-governor, senators, and representatives, shall be held on the second Monday of November in every year; but meetings may be adjourned, if necessary, for the choice of representatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November.

All the other provisions of the constitution respecting the elections and proceedings of the members of the general court, or any other officers or persons whatever, that have reference to the last Wednesday of May as the commencement of the political year, shall be so far altered as to have like reference to the first Wednesday of January.

This article shall go into operation on the first day of October next following the day when the same shall be duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant-governor, counsellors, senators, representatives, and all other state officers who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force and go into operation, pursuant to the foregoing provision.

1 In lieu of this absolute negative, which, in the opinion of Mr. Adams, was an essential part of the plan, the convention adopted the following, as a separate article:

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 which soever 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, notwithstanding the said objections, agree to pass the