Excerpt from Remarks on the Proposed State Constitution
The objects of a Constitution of Government cannot be better stated than in the following language of the Preamble to the Massachusetts Constitution of 1780: -
"The end of the institution, maintenance, and administration of government is to secure the existence of the body politic; to protect it; and to furnish the individuals who compose it with the power of enjoying, in safety and tranquility, their natural rights and the blessings of life."
"It is the duty of the people, in framing a Constitution of Government, to provide for on equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them."
It concerns the public well-being, that there shall be "an equitable mode of making laws." Therefore, a Legislative department is to be constituted, and so constituted as to afford the greatest possible security to the people that the laws shall he equitably made, and that they shall express the people"s deliberate will, and be just and salutary.
It concerns the public, that there shall be "an impartial interpretation" of the laws. To this end, there must he a Judicial department; and it must be so constituted that the judges may be "as free, impartial, and independent as the lot of humanity will admit."
It concerns the public, that there shall he a "faithful execution" of the laws. To this end, there must be an Executive department; and it most be so constituted that the laws shall be promptly and completely carried into effect, according to their true tenor, in every case calling for their intervention.
The principles set forth in these statements will be assumed in the following discussion.
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