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 proportion of the public taxes paid by the said dis tricts; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the number of councillors and senators to be chosen therein; provided, that the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators.

ments, Art.

And the several counties in this commonwealth shall, until the Counties to be general court shall determine it necessary to alter the said districts, be districts, until, districts for the choice of councillors and senators, (except that the See amendcounties of Dukes county and Nantucket shall form one district for that XIII.and XXII. 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.

time of choos

See amend

XV.

III., XX., and

II. The senate shall be the first branch of the legislature; and the Manner and senators shall be chosen in the following manner, viz.: there shall be a ing senators meeting on the first Monday in April, annually, forever, of the inhab- and councillors. itants of each town in the several counties of this commonwealth; to be ments, Art. II., called by the selectmen, and warned in due course of law, at least seven X, XIV., and days before the first Monday in April, for the purpose of electing per- See amendsons to be senators and councillors; and at such meetings every male ments Art. inhabitant of twenty-one years of age and upwards, having a freehold in. estate within the commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhab- Word" inhabit itant" in this constitution, every person shall be considered as an inhab- ant" defined. itant, for the purpose of electing and being elected into any office, or place within this state, in that town, district or plantation, where he dwelleth, or hath his home.

meetings.

The selectmen of the several towns shall preside at such meetings Selectmen to impartially; and shall receive the votes of all the inhabitants of such preside at town 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 bé attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the See amendcounty in which such town lies, thirty days at least before the last ments, Art. II. Wednesday in May annually; or it shall be delivered into the secretary's office seventeen days at least before the said last Wednesday in May: and the sheriff of each county shall deliver all such certificates by him received, into the secretary's office, seventeen days before the said last Wednesday in May.

and X.

who pay state taxes,may vote

And the inhabitants of plantations unincorporated, qualified as this Inhabitants or unincorporated constitution provides, who are or shall be empowered and required to plantations, assess taxes upon themselves toward the support of government, shall have the same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that purpose shall be held Plantation annually on the same first Monday in April, at such place in the plan- See amendtations respectively, as the assessors thereof shall direct; which assess- ments, Art. X

meetings.

Assessors to notify, &c.

Governor and council to ex

amine and count

summonses. See amendments, Art. X.

ors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators, in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly.

III. And that there may be a due convention of senators on the last Wednesday in May annually, the governor with five of the council, for votes, and issue the time being, shall, as soon as may be, examine the returned copies of such records; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by a majority of voters, to attend on that day, and take their seats accordingly: provided nevertheless, that for the first year the said returned copies shall be examined by the president and five of the council of the former constitution of government; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid.

Senate to be

final judge of

its own mem

bers.

See amend

ments, Art. X.

and XIV.

Vacancies, how

filled.

IV. The senate shall be the final judge of the elections, returns and elections, &c. of qualifications of their own members, as pointed out in the constitution; and shall, on the said last Wednesday in May annually, determine and declare who are elected by each district, to be senators by a majority of votes; and in case there shall not appear to be the full number of senators returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz.: The members of the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and out of these shall elect by ballot a number of senators sufficient to fill up the vacancies in such district; and in this manner all such vacancies shall be filled up in every district of the commonwealth; and in like manner all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.

Qualifications of a senator. See amendments, Art.

XIII.and XXII.

Senate not to adjourn more than two days. Shall choose its

V. Provided nevertheless, that no person shall be capable of being elected as a senator, who is not seised in his own right of a freehold, within this commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and who has not been an inhabitant of this commonwealth for the space of five years immediately preceding his election, and at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time.

VII. The senate shall choose its own president, appoint its own offiofficers and es- cers, and determine its own rules of proceedings.

tablish its rules. Shall try all impeachments.

Oath.

Limitation of sentence.

VIII. The senate shall be a court with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices. But previous to the trial of every impeachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit, under this commonwealth: but the

party so convicted, shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

Quorum.

IX. Not less than sixteen members of the senate shall constitute a See amendquorum for doing business.

ments, Art. XXII.

CHAPTER I.

SECTION III. House of Representatives.

I. There shall be, in the legislature of this commonwealth, a repre- Representation sentation of the people, annually elected, and founded upon the prin- of the people. ciple of equality.

chosen.

ments,Art XII.,

II. And in order to provide for a representation of the citizens of Representathis commonwealth, founded upon the principle of equality, every cor- tives, by whom porate town containing one hundred and fifty ratable polls, may elect See amend one representative; every corporate town containing three hundred XIII., and XXI. and seventy-five ratable polls, may elect two representatives; every corporate town containing six hundred ratable polls, may elect three representatives; and proceeding in that manner, making two hundred and twenty-five ratable polls, the mean increasing number for every additional representative.

towns having

Provided nevertheless, that each town now incorporated, not hav- Proviso as to ing one hundred and fifty ratable polls, may elect one representative; less than 150 but no place shall hereafter be incorporated with the privilege of elect- ratable polls. ing a representative, unless there are within the same one hundred and fifty ratable polls.

And the house of representatives shall have power from time to Towns liable to time to impose fines upon such towns as shall neglect to choose and fine in case, &c. return members to the same, agreeably to this constitution.

to

The expenses of travelling to the general assembly, and returning Expense of home, once in every session, and no more, shall be paid by the gov- travelling the ernment, out of the public treasury, to every member who shall attend general court, as seasonably as he can, in the judgment of the house, and does not how paid. depart without leave.

of a representa

ments, Art.

III. Every member of the house of representatives shall be chosen Qualifications by written votes; and for one year at least next preceding his election, fa shall have been an inhabitant of, and have been seised in his own right See amendof a freehold of the value of one hundred pounds within the town he xIII., XIV., shall be chosen to represent, or any ratable estate to the value of two and XXI. hundred pounds; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid.

of a voter.

IV. Every male person, being twenty-one years of age, and resident Qualifications in any particular town in this commonwealth for the space of one year See amendnext preceding, having a freehold estate within the same town, of the ments, Art. III. annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative, or representatives for the said town.

XX.,and XXIII.

V. The members of the house of representatives shall be chosen Representaannually in the month of May, ten days at least before the last Wednes- tives, when day of that month.

chosen. See amendments, Art. X. and XV.

VI. The house of representatives shall be the grand inquest of this House alone commonwealth; and all impeachments made by them, shall be heard can impeach. and tried by the senate.

VII. All money bills shall originate in the house of representatives; House to origibut the senate may propose or concur with amendments, as on other nate all money bills.

bills.

more than two

VIII. The house of representatives shall have power to adjourn Not to adjourn themselves; provided such adjournment shall not exceed two days at a days.

Quorum.
See amend-
ments, Art.
XXI.

House to judge

of returns, &c., of its own mem

bers; to choose

its officers and

establish its rules, &c.

May punish for

certain offences.

Privileges of members.

Governor and council may

punish.

IX. Not less than sixty members of the house of representatives, shall constitute a quorum for doing business.

X. The house of representatives shall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the constitution; shall choose their own speaker; appoint their own officers, and settle the rules and orders of proceeding in their own house. They shall have authority to punish by imprisonment, every person, not a member, who shall be guilty of disrespect to the house, by any disorderly, or contemptuous behavior, in its presence; or who, in the town where the general court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the house; or who shall assault any of them therefor; or who shall assault, or arrest, any witness, or other person, ordered to attend the house, in his way in going or returning; or who shall rescue any person arrested by the order of the house.

And no member of the house of representatives shall be arrested, or held to bail on mean process, during his going unto, returning from, or his attending the general assembly.

XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same authority to punish in General limita like cases: provided that no imprisonment on the warrant or order of the governor, council, senate, or house of representatives, for either of the above described offences, be for a term exceeding thirty days.

tion!

Trial may be

or otherwise.

And the senate and house of representatives may try, and determine, by committee, all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.

Governor.

His title.

To be chosen annually. Qualifications.

See Amendments, Art. VII.

By whom cho

votes.

See amend

X., XIV., and

XV.

CHAPTER II.

EXECUTIVE POWER.

SECTION I. Governor.

I. There shall be a supreme executive magistrate, who shall be styled-THE GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS; and whose title shall be-HIS EXCELLENCY.

II. The governor shall be chosen annually; and no person shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this commonwealth for seven years next preceding; and unless he shall at the same time, be seised in his own right, of a freehold, within the commonwealth of the value of one thousand pounds; and unless he shall declare himself to be of the christian religion.

III. Those persons who shall be qualified to vote for senators and sen, if he have a representatives within the several towns of this commonwealth, shall, majority of at a meeting to be called for that purpose, on the first Monday of April annually, give in their votes for a governor, to the selectmen, who shall ments, Art. II., preside at such meetings; and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the last Wednesday in May; and the sheriff shall transmit the same to the secretary's office, seventeen days at least before the said last Wednesday in May; or the selectmen may cause returns of the same to be made to the office of the secretary of the commonwealth,

when no person

seventeen days at least before the said day; and the secretary shall lay the same before the senate and the house of representatives, on the last Wednesday in May, to be by them examined; and in case of an election by a majority of all the votes returned, the choice shall be by them declared and published; but if no person shall have a majority of votes, the house of representatives shall, by ballot, elect two out of four per- How chosen, sons who had the highest number of votes, if so many shall have been has a majority. voted for, but, if otherwise, out of the number voted for; and make return to the senate of the two persons so elected; on which the senate shall proceed, by ballot, to elect one, who shall be declared governor. IV. The governor shall have authority from time to time, at his Power of goydiscretion, to assemble and call together the councillors of this commonwealth for the time being; and the governor with the said council- council. lors, or five of them at least, shall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land.

ernor, and of governor and

V. The governor, with advice of council, shall have full power and Same subject. anthority, during the session of the general court to adjourn or prorogue the same to any time the two houses shall desire; and to dissolve

the same on the day next preceding the last Wednesday in May; and, See amendin the recess of the said court, to prorogue the same from time to time, ments, Art. X. not exceeding ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same; and in case of any infectious distemper prevailing in the place where the said court is next at any time to convene, or any other cause happening whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other, the most convenient place within the state.

ments, Art. X.

council may ad

And the governor shall dissolve the said general court on the day See amendnext preceding the last Wednesday in May. VI. In cases of disagreement between the two houses, with regard Governor and to the necessity, expediency or time of adjournment or prorogation, the governor, with advice of the council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall determine the public good shall require.

VII. The governor of this commonwealth, for the time being, shall be the commander-in-chief of the army and navy, and of all the military forces of the state, by sea and land; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise and govern the militia and navy; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them, to encounter, repel, resist, expel and pursue, by force of arms, as well by sea as by land, within or without the limits of this commonwealth, and also to kill, slay and destroy, if necessary, and conquer, by all fitting ways, enterprises, and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exercise, over the army and navy, and over the militia in actual service, the law martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occasion shall necessarily require; and to take and surprise by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be intrusted with all these and other powers, incident to the offices of captain-general and commander-in-chief, and

al

journ the gener court cases, not exceeding ninety days.

Governor to be

commander-in

chief.