by the said districts; 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. &c. And the several counties in this commonwealth shall, until the general court shall Counties to be determine it necessary to alter the said districts, be districts for the choice of councillors districts, until, and senators, (except that the counties of Dukes county and Nantucket shall form one See amendments, district for that purpose) and shall elect the following number for councillors and sen- Art. XIII. and ators, viz. :-Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, XXII. three; Barnstable, one; Bristol, three; York, two; Dukes county and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.] councillors. 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 meeting on the time of choosfirst Monday in April, annually, forever, of the inhabitants of each town in the several ing senators and counties of this commonwealth; to be called by the selectmen, and warned in due course See amendments, of law, at least seven days before the first Monday in April, for the purpose of electing Art. II., X., persons to be senators and councillors; and at such meetings every male inhabitant of XIV., and XV. See amendments, twenty-one years of age and upwards, having a freehold estate within the commonwealth, Art. III., XX., of the annual income of three pounds, or any estate of the value of sixty pounds, shall XXIII. and have a right to give in his vote for the senators for the district of which he is an inhabitant.] XXVI. And to remove all doubts concerning the meaning of the word "inhab- Word "inhabititant" in this constitution, every person shall be considered as an inhab- 12 Gray, 21. 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. ant" defined. 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 be 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 amendments, county in which such town lies, thirty days at least before [the last 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.] Art. II. and X. unincorporated taxes, may vote. ings. Assessors to And the inhabitants of plantations unincorporated, qualified as this Inhabitants of constitution provides, who are or shall be empowered and required to plantations, assess taxes upon themselves toward the support of government, shall who pay state 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 meetannually [on the same first Monday in April], at such place in the plan- see amendments, tations respectively, as the assessors thereof shall direct; which assess- Art. X. ors shall have like authority for notifying the electors, collecting and notify, &c. 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. council to ex summonses. III. And that there may be a due convention of senators [on the Governor and last Wednesday in May] annually, the governor with five of the coun- amine and count cil, for the time being, shall, as soon as may be, examine the returned votes, and issue copies of such records; and fourteen days before the said day he shall See amendments, 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: Art. X. Senate to be final judge of elections, &c. of its own members. See amendments, Art. X., XIV. and XXIV. Vacancies, how filled. [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.] IV. The senate shall be the final judge of the elections, returns and 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.] V. Provided nevertheless, that no person shall be capable of being See amendments, 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. Qualifications of a senator. Art. XIII. and Senate not to adjourn more than two days. Shall choose its officers and es 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 offitablish its rules. cers, and determine its own rules of proceedings. Shall try all impeachments. Oath. Limitation of sentence. Quorum. See amendments, Representation of the people. Representatives, by whom chosen. and XXI. 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, judg ment, and punishment, according to the laws of the land. IX. Not less than sixteen members of the Senate shall constitute a quorum for doing business. CHAPTER I. SECTION III. House of Representatives. I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality. II. And in order to provide for a representation of the citizens of this commonwealth, See amendments, founded upon the principle of equality, every corporate town containing one hundred and Art XII., XIII., fifty ratable polls, may elect one representative; every corporate town containing three hundred 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. Proviso as to towns having less Provided nevertheless, that each town now incorporated, not having one hundred and than 150 ratable fifty ratable polls, may elect one representative; but no place shall hereafter be incorporated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.] polls. Towns liable to 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. travelling to and of travelling to the general assembly, and returning Expense of ery session, and no more, shall be paid by the gov- from the general he public treasury, to every member who shall attend court, how paid. he can, in the judgment of the house, and does not -ave. a representative. and XXI. ember of the house of representatives shall be chosen Qualifications of and for one year at least next preceding his election, See amendments, n inhabitant of, and have been seised in his own right Art. XIII., XIV., the value of one hundred pounds within the town he o represent, or any ratable estate to the value of two ; and he shall cease to represent the said town, immesing to be qualified as aforesaid. a voter. e person, being twenty-one years of age, and resident in any par- Qualifications of commonwealth for the space of one year next preceding, having a the same town, of the annual income of three pounds, or any estate pounds, shall have a right to vote in the choice of a representative, r the said town.] See amendments, See amendments, s of the house of representatives shall be chosen annually in the month when chosen. least before the last Wednesday of that month.] use of representatives shall be the grand inquest of this Art. X. and XV. and all impeachments made by them, shall be heard House alone can e senate. impeach. nate all money oney bills shall originate in the house of representatives; House to origimay propose or concur with amendments, as on other bills. house of representatives shall have power to adjourn Not to adjourn ovided such adjournment shall not exceed two days at a days. more than two of its own mem its officers and certain offences. han sixty members of the house of representatives, shall constitute a Quorum. business.] See amendments, Art. XXI. ise of representatives shall be the judge of the returns, House to judge qualifications of its own members, as pointed out in the of returns, &c., hall choose their own speaker; appoint their own officers, bers: to choose rules and orders of proceeding in their own house. They establish its thority to punish by imprisonment, every person, not a rules, &c. shall be guilty of disrespect to the house, by any disor- May punish for emptuous behavior, in its presence; or, who, in the town eral court is sitting, and during the time of its sitting, shall to the body or estate of any of its members, for any thing n the house; or who shall assault any of them therefor; assault, or arrest, any witness, or other person, ordered to use, in his way in going or returning; or who shall rescue rested by the order of the house. members. ember of the house of representatives shall be arrested, or Privileges of on mean process, during his going unto, returning from, or the general assembly. council may tion. senate shall have the same powers in the like cases; and Governor and and council shall have the same authority to punish in punish. provided that no imprisonment on the warrant or order General limitahor, council, senate, or house of representatives, for either of escribed offences, be for a term exceeding thirty days. senate and house of representatives may try, and determine, Trial may be ere their rights and privileges are concerned, and which, by tion, they have authority to try and determine, by commitTown members, or in such other way as they may respec- best. by committee, or otherwise. Governor. His title. To be chosen annually. Qualifications. 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 See amendments, freehold, within the commonwealth of the value of one thousand pounds; and unless he shall declare himself to be of the christian religion. Art. VII. By whom chosen, if he have a majority of votes. See amendments, Art. II., X., How chosen, when no person has a majority. Power of governor, and of governor and council. Same subject. See amendments, See amendments, Governor and council may ad court in cases, [III. Those persons who shall be qualified to vote for senators and representatives within the several towns of this commonwealth, shall, 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 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, 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 persons who had the highest number of votes, if so many shall have been 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 discretion, to assemble and call together the councillors of this commonwealth for the time being; and the governor with the said councillors, 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. V. The governor, with advice of council, shall have full power and authority, 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, in the recess of the said court, to prorogue the same from time to time, 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. [And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.] VI. In cases of disagreement between the two houses, with regard journ the general 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. &c., but not exceeding ninety days. Governor to be commander-in chief. 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 commander-in forces of the state, by sea and land; and shall have full power, by him- Governor to be self, or by any commander, or other officer or officers, from time to time, chief. 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 admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise. Provided, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise conveniently have access. Limitation. Governor and council may except, &c. VIII. The power of pardoning offences, except such as persons may be convicted of before the senate by an impeachment of the house, pardon offences, shall be in the governor, by and with the advice of council; but no charter of pardon, granted by the governor, with advice of the council before conviction, shall avail the party pleading the same, notwithstand- But not before ing any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. conviction. cers, &c., how appointed. XVII., and Militia officers, how elected. IX. All judicial officers, [the attorney-general, the solicitor-general, All judicial offall sheriff's, coroners, [and registers of probate,] shall be nominated and nominated and appointed by the governor, by and with the advice and consent of the See amendments, council; and every such nomination shall be made by the governor, and Art. XIV., made at least seven days prior to such appointment. X. The captains and subalterns of the militia, shall be elected by the written votes of the train-band and alarm list of their respective companies, [of twenty-one years of age and upwards;] the field officers of regiments shall be elected by the written votes of the captains and subalterns of their respective regiments: the brigadiers shall be elected, in like manner, by the field officers of their respective brigades; and such officers, so elected, shall be commissioned by the governor, who shall How commisdetermine their rank. The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor, the officers elected. See amendments, Art. V. sioned. how appointed The major-generals shall be appointed by the senate and house of Major-generals, representatives, each having a negative upon the other; and be commis- and commissioned by the governor. sioned. filled, in case, And if the electors of brigadiers, field officers, captains or subalterns, Vacancies, how shall neglect or refuse to make such elections, after being duly notified, &c. |