Reports of Contested Elections, in the House of Representatives of the Commonwealth of Massachusetts for the Year 1815Abel D. Alleyne, printer, 1816 - 14 pages |
Common terms and phrases
ballots BENJAMIN POLLARD Charles Hayden choice choose to waive committee ask leave committee further report Committee on Contested COMMONWEALTH OF MASSACHUSETTS constitutionally vote Contested Elections corporate right DEDHAM duly convened duly elected electing a representative election of Micajah election of Ziba five ratable polls honorable Justices Honorable the Justices HOUSE OF REPRESENTATIVES incidentally given Isaac Lilly JAIRUS WARE leave to report legally vote Meservy Micajah Gardner minority of voters motion Nantucket Nathaniel Morse neglect number of representatives opinion purpose of electing qualified voters questions recently proposed recurring to former referred the remonstrance remonstrance of Francis remonstrance of Nathaniel remonstrance of William Reporter of Contested repre represen respectfully submitted returned right to send selectmen presiding Selectmen then called send a representative sorted and counted Supreme Judicial Court tative thereupon town entitled town may constitutionally town of Sharon town were duly unanimously report undersigned voters dissenting whole number William Coffin Ziba Drake
Popular passages
Page 8 - And the House of Representatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this Constitution.
Page 6 - Municipal Court shall be final ; and to the next Supreme Judicial Court, to be holden within the County of Suffolk, and for the Counties of Suffolk and Nantucket, from the Judgment of the Municipal Court where the indictment or information originated in the same...
Page 8 - By the constitution, chap. 1, sec. 3, art. 2, it is provided, "that every corporate town, containing one hundred and fifty ratable polls, may elect one representative ; every corporate town, containing three hundred and seventy-five ratable polls, may elect two representatives," and so on, making two hundred and twenty-five ratable polls, the mean increasing number.
Page 8 - Taking both clauses together, it is obvious that to send a representative is a corporate duty as well as a corporate right, for the neglect of which the House may impose a fine, but which neglect they are under no obligation, by the constitution, to punish. If the House may excuse the delinquency, we think it clear that a town may constitutionally vote not to send, and so incur the risk of a fine, or trust to the clemency of the House, and that in such case the minority cannot impose a...
Page 14 - Acklen was duly elected and is entitled to a seat in this House as a Representative in the Forty-sixth Congress from the third Congressional district of the State of Louisiana.
Page 7 - ... polls of aliens may constitutionally be included in estimating the number of ratable polls, to determine the number of representatives any town may be entitled to elect. General Court of Massachusetts. SIR, To the Speaker of the honorable House of Representatives of the THE undersigned justices of the Supreme Judicial Court have considered the several questions, proposed to them by an order of the house, passed the 6th of February instant. [ * 524 ] * Before we advert to those questions, some...
Page 6 - Whether a town, having by the constitution a right to send a representative or representatives to the General Court can constitutionally and legally vote not to send a representative, and whether such vote would be binding on a minority of voters dissenting therefrom in such town.
Page 7 - ... court, have considered the several questions proposed to them, by an order of the house of representatives, passed 13th June, 1815, and request you to make known the following as their answer. They are satisfied that the right to send a representative is a corporate right vested in the several towns by the constitution, and can be exercised by them only in a corporate capacity ; and it necessarily follows, that when a town is legally assembled for the purpose of electing a representative, if...
Page 11 - ... a motion was made and seconded, " to see if the town would choose a representative the present year...
Page 8 - ... of February, 1811. As that opinion was incidentally given in discussing another question, the undersigned have deliberately revised the subject; and the result is, that the survivor of the three justices who signed that answer remains of the same opinion therein expressed, and the rest of the undersigned justices fully concur in it. By the constitution, chap. 1, sec. 3, art. 2, it is provided, " that every corporate town, containing one hundred and fifty ratable polls, may elect one representative;...