Prosecutions regulated.

Right to trial by jury, in criminal cases, except, &c.

Crimes to be proved in the vicinity.

Right of search

ulated.

XII. No subject shall be held to answer for any crimes or offence until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse 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 property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.

AND the legislature shall not make any law that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.

XIII. IN criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen.

XIV. EVERY subject has a right to be secure from all unand seizure reg- reasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary 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.

Right to trial by jury sacred, except, &c.

Liberty of the press.

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.

XVI. THE liberty of the press is essential to the security of freedom in a state : it ought not, therefore, to be restrained in this commonwealth.

and bear arms.

XVII. THE people have a right to keep and to bear arms Right to keep for the common defence; and, as in time of peace, armies are Standing armies dangerous to liberty, they ought not to be maintained without dangerous. Military power subthe consent of the legislature; and the military power shall ordinate to civil. always be held in an exact subordination to the civil authority, and be governed by it.

XVIII. A FREQUENT recurrence to the fundamental princi- Moral qualificaples of the constitution, and a constant adherence to those of tions for office. 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, Moral obligain the choice of their officers and representatives; and they ers and magistions of lawgivhave a right to require of their lawgivers and magistrates an trates. exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth.

to instruct rep

XIX. THE people have a right, in an orderly and peaceable Right of people manner, to assemble to consult upon the common good, give resentatives and instructions to their representatives, and to request of the ture. legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.

pend the laws or

XX. THE power of suspending the laws, or the execution Power to susof the laws, ought never to be exercised but by the legislature, their execution. or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.

reason thereof.

XXI. THE freedom of deliberation, speech, and debate, in Freedom of deeither house of the legislature, is so essential to the rights of bate, &c., and the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.

ses

sions, and ob

XXII. THE legislature ought frequently to assemble for the Frequent redress of grievances, for correcting, strengthening, and con- jects thereof. firming the laws, and for making new laws, as the common good may require.

Taxation found

XXIII. No subsidy, charge, tax, impost, or duties ought to ad on consent.

Ex post facto laws prohibited.

Legislature not*

to convict of

be established, fixed, laid, or levied, under any pretext whatsc ever, without the consent of the people, or their representatives in the legislature.

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

Excessive bail or

fines, and cruel

XXVI. No magistrate or court of law shall demand excespunishments, sive bail or sureties, impose excessive fines, or inflict cruel or prohibited. unusual punishments.

No soldier to be

quartered in any

XXVII. IN time of peace, no soldier ought to be quartered house, unless, 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.

&c.

from law-mar

Citizens exempt XXVIII. No person can in any case be subjected to law tial, unless, &c. 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.

Judges of Supreme Judicial Court.

XXIX. 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, Tenure of their 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 laws.

office.

Salaries.

Separation of ex

ecutive, judicial,

XXX. IN the government of this commonwealth, the legis and legislative lative department shall never exercise the executive and judidepartments. cial 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 and executive powers, or either of them; to the end it may be a government of laws, and not of men.

PART THE SECOND.

The Frame of Government.

THE people, inhabiting the territory formerly 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.

CHAPTER I.

THE LEGISLATIVE POWER.

SECTION I.

The General Court.

ART. I. THE department of legislation shall be formed by Legislative two branches, a Senate and House of Representatives; each department. of which shall have a negative on the other.

ments, Art. X.

THE legislative body shall assemble every year, on the last See amendWednesday 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 Representa- Governor's veto, tives 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

standing.

have originated, who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconBill may be passed by two sider the said bill or resolve: but if, after such reconsideration, thirds of each two thirds of the said Senate or House of Representatives house, notwithshall, 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.

See amendments, Art. I.

General Court 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 courts of courts of record, 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, processes, 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 granted full power and authority, from time Courts, &c., may to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.

administer

oaths.

General Court may enact laws, &c.,

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 the constitution; 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 sub

not repugnant to