monwealth for the time being, with the advice and confent of the council, for the public service, in the neceffary defence and support of the government of the said Commonwealth, and the protection and preservation of the fubjects thereof, according to fuch acts as are or fhall be in force within the fame.

And while the public charges of government, or any part thereof, fhall be affeffed on polls and estates, in the manner that has hitherto been practised; in order that fuch affeffments may be made with equality, there fhall be a valuation of eftates within the Commonwealth taken anew once in every ten years at the least, and as much oftener as the general court shall order.

SENATE.

I. There shall be annually elected by the freeholders and other inhabitants of this Commonwealth, qualified as in this conftitution is provided, forty perfons to be counsellors and fenators for the year enfuing their election, to be chofen 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 affigning the numbers to be elected by the refpective districts, shall govern themselves by the proportion of the public taxes paid by the faid districts, and timely make known to the inhabitants of the Commonwealth, the limits of each diftrict, and the number of counsellors and fenators to be chofen therein, provided that the number of fuch districts fhall be never less than thirteen, and that no district be fo large as to entitle the fame to chufe more than fix fenators.

And the feveral counties in this Commonwealth fhall, until the general court fhall determine it neceffary to alter the said districts, be diftricts for the choice of counsellors and fenators (except that the counties of Dukes county and Nantucket, fhall form one district for that purpose) and shall elect the following number for counsellors and fenators, viz.

The

II. The fenate fhall be the first branch of the legislature; and the fenators fhall be chosen in the following manner, viz. there shall be a meeting on the first Monday in April annually, for ever, of the inhabitants of each town in the feveral counties of this Commonwealth, to be called by the felect men, and warned in due course of law, at least feven days before the firft Monday in April, for the purpose of electing perfons to be fenators and counfellors: and at fuch meetings. every male inhabitant of twenty-one years of age and upwards, having a freehold estate within the Commonwealth of the annual income of three pounds, or any eftate of the value of fixty pounds, fhall have a right to give his vote for the fenators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word inhabitant," in this conftitution, every person shall be confidered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, diftrict, or plantation, where he dwelleth, or hath his home.

The select men of the feveral towns fhall prefide at fuch meetings impartially, and fhall receive the votes of all the inhabitants of fuch towns prefent, and qualified to vote for fenators, and fhall fort and count them in open town meeting, and ia prefence of the town clerk, who shall make a fair record, in presence of the select men, and in open town meeting, of the name of every perfon voted for, and of the number of votes against his name; and a fair copy of this record fhall be attefted by the felect men and the town clerk, and shall be fealed up, directed to the fecretary of the Commonwealth for the time being, with a fuperfcription expreffing the purport of the contents thereof, and delivered by the town clerk of fuch towns to the fheriff of the county in which fuch town lies, thirty days at least before the last Wednesday in May annually; or it shall be delivered into the fecretary's office feventeen days at least before the faid last Wednefday in May; and the sheriff of each county fhall deliver all fuch certificates by him received into the fecretary's office seventeen days before the said last Wednesday in May.

And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or fhall be impowered or required to affefs taxes upon themselves towards the fupport of government, shall have the fame privilege of voting for counsellors and fenators in the plantations where they refide, as town inhabitants have in their respective towns; and the plantation meetings for that purpose shall be held annually on the fame first Monday in April, at fuch place in the

plantations

Plantations refpectively as the affeffors thereof fhall direct; which affeffors fhall have like authority for notifying the electors, collecting and returning the votes, as the select men and town clerks have in their feveral towns by this conftitution. And all other perfons living in places unincorporated (qualified as aforefaid) who fhall be affeffed to the fupport of government by the affeffors of an adjacent town, fhall have the privilege of giving in their votes for counsellors and senators, in the town where they fhall be affeffed, and be notified of the place of meeting by the felect men of the town where they shall be affeffed, for that purpose accordingly.

III. And that there may be a due convention of fenators on the last Wednesday in May, annually, the governor and five of the council for the time being fhall, as foon as may be, examine the returned copies of fuch records; and fourteen days before the said day he shall iffue his fummons to fuch perfons as fhall appear to be chofen by the majority of voters, to attend on that day and take their feats accordingly; provided nevertheless, that for the first year the said returned copies fhall be examined by the prefident and five of the council of the former conftitution of government; and the faid prefident fhall, in like manner, iffue his fummons to the perfons fo elected, that they may take their feats as aforefaid.

IV. The Senate fhall be the final judge of the elections, returns, and qualifications of their own members, as pointed out in the conftitution, and fhall, on the said last Wednesday in May annually, determine and declare who are elected by each district to be fenators by a majority of votes: and in cafe there shall not appear to be the full number of fenators elected by a majority of votes for any district, the deficiency fhall be fupplied in the following manner, viz. The members of the House of Reprefentatives, and fuch fenators as fhall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in fuch district, and not elected, amounting to twice the number of fenators wanting, if there be fo many voted for; and out of these fhall elect by ballot a number of fenators fufficient to fill up the vacancies in such district and in this manner all fuch vacancies shall be filled in every district of the Commonwealth; and in like manner all vacancies in the Senate, arifing by death, removal out of the State, or otherwife, fhall be fupplied as foon as may be, after fuch vacancies shall happen..

V. Provided

V Provided nevertheless, that no perfon inall be capable of being elected as a senator, who is not feised in his own right of a freehold within this Commonwealth of the value of three hundred pounds at leaft, or poffeffed of perfonal eftate to the value of fix hundred pounds at least, or of both to the amount of the fame fum, 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 diftrict for which he shall he chofen.

VI. The Senate fhall have power to adjourn themselves, provided fuch adjournments do not exceed two days at a time.

VII. The Senate fhall chufe its own prefident, appoint its own of ficers, and determine its own rules of proceedings.

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 mifconduct and mal-administration in their offices. But previous to the trial of every impeachment, the members of the Senate fhall refpectively be fworn, 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 difqualification to hold or enjoy any place or honour, truft, or profit, under this Commonwealth: but the party fo convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

IX. Not less than fixteen members of the Senate fhall constitute a quorum for doing bufinefs.

HOUSE OF REPRESENTATIVES.

I. There shall be in the legiflature of this Commonwealth a reprefentation of the people annually elected, and founded upon the principle of equality.

II. And in order to provide for a reprefentation of the citizens of this Commonwealth founded on the principle of equality, every corporate town containing one hundred and fifty rateable polls, may elect one reprefentative: every corporate town containing three hundred and feventy-five rateable polls, may elect two reprefentatives : every corporate town containing fix hundred rateable polls, may elect three reprefentatives; and proceeding in that manner, making VOL. II.

Cc

two

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two hundred and twenty-five rateable polls, the mean increasing number for every additional reprefentative.

Provided nevertheless, that each town now incorporated, not hav ing one hundred and fifty rateable polls, may elect one representative: but no place fhall hereafter be incorporated with the privilege of electing a reprefentative, unless there are within the fame one hundred and fifty rateable polls.

And the House of Reprefentatives fhall have power from time to time to impofe fines upon fuch towns as fhall neglect to chuse and return members to the fame, agreeably to this constitution.

The expences of travelling to the general affembly, and returning home once in every feffion and no more, fhall be paid by the government out of the public treasury, to every member who shall at. tend as feasonably as he can, in the judgment of the House, and does not depart without leave.

III. Every member of the Houfe of Representatives fhall be chofen by written votes; and for one year at least next preceding the elec tion fhall have been an inhabitant of, and have been feifed in his own right of a freehold of the value of one hundred pounds within the town he fhall be chofen to reprefent, or any rateable estate to the value of two hundred pounds; and he shall cease to reprefent the faid town, immediately on his ceafing to be qualified as afore faid.

IV. Every male perfon, being twenty-one years of age, and refident in any particular town in this Commonwealth for the space of one year next preceding, having a freehold estate within the fame town, of the annual income of three pounds, or any estate of the value of fixty pounds, fhall have a right to vote in the choice of a reprefentative or reprefentatives for the faid town.

V. The members of the Houfe of Representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month.

VI. The House of Representatives fhall be the grand inqueft of this Commonwealth; and all impeachments made by them shall be heard and tried by the Senate.

VII. All money-bills fhall originate in the Houfe of Reprefenta tives, but the Senate may propose or concur with amendments as on other bilis.

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VIII. The