112
HISTORY OF THE COLONIES.
[BOOK I.
Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/152
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ened policy a foundation was early laid for the establishment of a government and laws, which have been justly celebrated for their moderation, wisdom, and just protection of the rights and liberties of the people.[1] In the introduction to his first frame of government, he lays down this proposition, which was far beyond the general spirit of that age, that "any government is free to the people under it, whatever be the frame, where the laws rule, and the people are a party to those laws; and more than this is tyranny, oligarchy, or confusion."[2] In that frame of government, after providing for the organization of it under the government of a governor, council, and general assembly, chosen by the people, it was declared, that all persons acknowledging one Almighty God, and living peaceably, shall be in no ways molested for their religious persuasion or practice in matters of faith or worship, or compelled to frequent or maintain any religious worship, place, or ministry.[3] Provisions were also made securing the right of trial by jury, and the right to dispose of property by will, attested by two witnesses; making lands in certain cases liable to the payment of debts; giving to seven years' quiet possession the efficacy of an unquestionable title; requiring the registry of grants and conveyances; and declaring, that no taxes should be levied but by a law for that purpose made.[4] Among other things truly honourable to the memory of this great man, is the tender regard and solicitude, which on all occasions he manifested for the rights of the Indians, and the duties of the settlers towards them. They are exhibited in his original plan of
