XXIV. Laws made to punish for actions done before Er post facto laws prohibited. the existence of such laws, and which have not been de- 12 Allen, 421, clared crimes by preceding laws, are unjust, oppressive, 424, 428, 434. and inconsistent with the fundamental principles of a free government. XXV. No subject ought, in any case, or in any time, Legislature not to be declared guilty of treason or felony by the legisla- treason, etc. ture. to convict of fines, and cruel prohibited. 5 Gray, 482. XXVI. No magistrate or court of law shall demand Excessive bail or excessive bail or sureties, impose excessive fines, or inflict punishments, cruel or unusual punishments. XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in house without the consent of the owner; and house, unless, any in time of war, such quarters ought not to be made but etc. by the civil magistrate, in a manner ordained by the legislature. quartered in any from law-mar. XXVIII. No person can in any case be subject to law- Citizens exempt martial, or to any penalties or pains, by virtue of that law, tial, unless, etc. except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. 1 Gray, 472. 221, 225. XXIX. It is essential to the preservation of the rights Judges of su of every individual, his life, liberty, property, and charac- court. ter, that there be an impartial interpretation of the laws, 3 Pick. 4712 and administration of justice. It is the right of every 4 Allen, 591. citizen to be tried by judges as free, impartial, and inde- 105 Mass. 219, pendent as the lot of humanity will admit. It is, therefore, Tenure of their 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. laws. office. cial, and legis ments. XXX. In the government of this commonwealth, the separation of legislative department shall never exercise the executive executive, judi. and judicial powers, or either of them: the executive shall lative depart. never exercise the legislative and judicial powers, or either 2 Cush. 577. of them: the judicial shall never exercise the legislative 8 Allen, 247, 253. and executive powers, or either of them: to the end it may be a government of laws and not of men. 2 Allen, 361. 100 Mass. 282, 286. 114 Mass. 247, 249. 116 Mass. 317. 129 Mass. 559. Title of body politic. 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. Legislative department. For change of time, etc., see amendments, Art. X. Governor'sveto. 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. But if 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. 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 thirds of each the said senate or house of representatives, shall, 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, Bill may be passed by two house, notwithstanding. 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. 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. judicatories. etc. 12 Gray, 147, III. The general court shall forever have full power General court and authority to erect and constitute judicatories and may constitute courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearing, trying, and deter- 8 Gray, 1. mining 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 Courts, etc... granted full power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them. 9 may administer may enact laws, 237. 557. 470. may enact laws, etc., not the constitution. IV. And further, full power and authority are hereby General court given and granted to the said general court, from time to etc. time to make, ordain, and establish, all manner of whole- 4 Allen, 473. some and reasonable orders, laws, statutes, and ordinances, 12Allen, 223, directions and instructions, either with penalties or with- 100 Mass. 544, out; so as the same be not repugnant or contrary to this 116 Mass. 467, 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 6 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 repugnant to Allen, 358. may provide or appointment for the election of officers. may prescribe their duties. 77, 223, may impose 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 235, 239, 210, 298, 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- port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, may impose least, while, etc. And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every ten years at least, and as much oftener For the authority of the general court to charter cities, see amendments, Art. II. ARTICLE I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors and senators for the year ensuing their election; to be chosen by the inhabitants of the districts into which the commonwealth may, from time to time, be divided by the general court for that purpose: and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the pro- portion of the public taxes paid by the said districts; and For provision as timely make known to the inhabitants of the common- to councillors, Bee amend. ments, Art. teen; and that no district be so large as to entitle the same to choose more than six senators. districts, until, And the several counties in this commonwealth shall, Counties to be until the general court shall determine it necessary to etc. alter the said districts, be districts for the choice of councillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that purpose) and shall elect the following number for councillors and senators, viz. :- Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.] the : time of choosing Time of election amendments, changed again by amendments, Art. XV visions as to the II. The senate shall be the first branch of the legisla- Manner and ture; and the senators shall be chosen in the following man- senators and ner, viz. there shall be a meeting on the [first Monday in councillors. April,] annually, forever, of the inhabitants of each town changed by in the several counties of this commonwealth; to be called Art. X., and by the selectmen, and warned in due course of law, at least seven days before the [first Monday in April,] for purpose of electing persons to be senators and councillors; [and at such meetings every male inhabitant of These protwenty-one years of age and upwards, having a freehold qualifications of estate within the commonwealth, of the annual income of seded by amend three pounds, or any estate of the value of sixty pounds, III, XX. and shall have a right to give in his vote for the senators for XXVIII the district of which he is an inhabitant.] And to remove ant" defined. all doubts concerning the meaning of the word "inhabit- ments, Art ant" in this constitution, every person shall be considered XXIII, which as an inhabitant, for the purpose of electing and being 12 Gray, 21. elected into any office, or place within this state, in that 1:22 Mass. 595, town, district, or plantation where he dwelleth, or hath his home. voters, super ments, Arts. Word "inhabit See also amend was annulled by Art. XXVI. 597. preside at town The selectmen of the several towns shall preside at Selectmen to such meetings impartially; and shall receive the votes meetings. of all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, Return of votes. who shall make a fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name and a fair copy of this record shall be attested by As to cities, see the selectmen and the town clerk, and shall be sealed up, Art. II. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport amendments, |