faid 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 faid returned copies fhall be examined by the prefident and five of the council of the former conftitution of ment; and the faid prefident fhall, in like manner, iffue his fummons to the perfons fo elected, that they may take their feats as aforefaid.

govern

IV. The fenate 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 faid laft Wednesday in May annually, determine and declare who are elected by each diftrict to be fenators by a majority of votes: and in cafe there fhall 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 houfe of reprefentatives, and fuch fenators as fhall be declared elected, fhall take the names of fuch perfons as fhall be found to have the highest number of votes in fuch diftrict, and not elected, amounting to twice the number of fenators wanting, if there be to many voted for; and out of thefe fhall elect by ballo a number of fenators fufficient to fill up the vacancies in such diftrict; and in this manner all fuch vacancies fhall be filled in every district of the commonwealth; and in like manner all vacancies in the fenate, arifing by death, removal out of the ftate, or otherwise, fhall be fupplied as foon as may be, after fuch vacancies fhall happen.

V. Provided nevertheless, that no perfon fhall be capable of being elected as a fenator, who is not feized in his own right of a freehold within this commonwealth of the value of three hundred pounds at least, or poffeffed of perional 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 fhall be an inhabitant in the diftrict for which he fhall be chofen.

VI. The fenate hall have power to adjourn themselves, provided fuch adjournments do not exceed two days at a time. VII. The fenate fhall chufe its own prefident, appoint its own officers, and determine its own rules of proceedings.

VIII. The fenate fhall be a court with full authority to hear and determine all impeachments made by the houfe of reprefentatives against any officer or officers of the commonwealth, for misconduct and mal-adminiftration in their offices. But previous to the trial of every impeachment, the members of the fenate fhall refpectively be fworn, truly and impartially to try and determine the charge in queftion, according to evidence. Their judgment, however,

however, fhall not extend further than to removal from office, and difqualification to hold or enjoy any place of honour, truft, or profit, under this commonwealth: But the party fo convicted fhall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

IX. Not less than fixteen members of the fenate fhall conftitute a quorum for doing business.

CHA P. I. SE C T. III.

HOUSE OF REPRESENTATIVE S.

Art. I. THERE fhall be in the legislature 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 representation 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 representative: Every corporate town containing three hundred and feventy-five rateable polls, may elect two representatives: Every corporate town, containing fix hundred rateable polls, may elect three reprefentatives; and proceeding in that manner, making two hundred and twenty-five rateable polls the mean increafing number for every additional representative.

Provided nevertheless, that each town now incorporated, not having one hundred and fifty rateable polls, may elect one reprefentative: 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 chufe and return members to the fame, agreeably to this conftitution.

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 treafury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave,

III. Every member of the house of reprefentatives fhall be chofen by written votes; and for one year at leaft next preceding his election, fhall have been an inhabitant of, and have been feized 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 eftate to the value of two hundred pounds; and he fhall

ceafe

cease to reprefent the said town, immediately on his ceafing to be qualified as aforefaid.

IV. Every male perfon, being twenty-one years of age, and refident in any particular town in this commonwealth, for the fpace of one year next preceding, having a freehold eftate within the fame town, of the annual income of three pounds, or any eftate 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 house of reprefentatives shall be chofen annually in the month of May, ten days at least before the last Wednesday of that month.

VI. The houfe of reprefentatives fhall be the grand inqueft of this commonwealth; and all impeachments made by them fhall be heard and tried by the fenate.

VII. All money-bills fhall originate in the house of reprefentatives; but the fenate may propofe or concur with amendments, as on other bills.

VIII. The houfe of reprefentatives fhall have power to adjourn themselves, provided fuch adjournment fhall not exceed two days at a time.

IX. Not less than fixty members of the house of reprefentatives fhall conftitute a quorum for doing business.

X. The house of reprefentatives fhall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the conftitution; fhall chufe their own fpeaker, appoint their own officers, and fettle the rules and orders of proceeding in their own houfe. They fhall have authority to punish by imprisonment every perfon, not a member, who fhall be guilty of difrefpect to the house, by any diforderly or contemptuous behaviour in its prefence; or who, in the town where the general court is fitting, and during the time of its fitting, fhall threaten harm to the body or eftate of any of its members, for any thing faid or done in the houfe; or who fhall affault any of them therefor; and who fhall affault or arreft any witness or other perfon ordered to attend the house, in his way in going or returning; or who fhall refcue any perfon arrefted by the order of the house.

And no member of the house of reprefentatives fhall be arrested or held to bail on mefne procefs, during his going unto, returning from, or his attending the general affembly.

XI. The fenate fhall have the fame powers in the like cafes; and the governor and council fhall have the fame. authority to punifh in like cafes. Provided, that no imprisonment on the warrant or order of the governor, council, fenate, or house of reprefentatives, for either of the above-defcribed offences, be for a term exceeding thirty days,

And

And the fenate and houfe of reprefentatives may try, and determine, all cafes where their rights and privileges are concerned, and which, by the conftitution, they have authority to try and determine, by committees of their own members, or in fuch other way as they may refpectively, think beft.

Art. I. THERE fhall be a fupreme executive magistrate, who fhall be ftiled, The Governor of the Commonwealth of Massachusetts; and whofe title fhall be, His Excellency.

II. The governor fhall be chofen annually: And no perfon fhall be eligible to this office, unlefs at the time of his election, he fhall have been an inhabitant of this commonwealth for seven years next preceding; and unless he fhall, at the fame time, be feized in his own right of a freehold within the commonwealth of the value of one thousand pounds; and unless he fhall declare himself to be of the Chriftian religion.

III. Those persons who fhall be qualified, to vote for fenators and representatives within the feveral towns of this commonwealth, fhall, 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 felectmen, who fhall prefide at fuch meetings; and the town-clerk, in the presence, and with the affiftance of the selectmen, fhall, in open town-meeting, fort and count the votes, and form a lift of the perfons voted for, with the number of votes for each perfon against his name; and fhall make a fair record of the fame in the town books, and a public declaration thereof in the faid meeting; and fhall, in the prefence of the inhabitants, feal up copies of the faid lift, attefted by him and the felectmen, and tranfmit the fame to the fheriff of the county, thirty days at leaft before the last Wednesday in May; and the fheriff fhall. tranfmit the fame to the fecretary's office, feventeen days at leaft before the faid laft Wednesday in May; or the felectmen may caufe returns of the fame to be made to the office of the fecretary of the commonwealth, feventeen days at leaft before the faid day; and the fecretary fhall lay the fame before the fenate, and the house of representatives, on the laft Wednesday in May, to be by them examined: And in cafe of an election by the majority of all

2

the

the votes returned, the choice fhall be by them declared and publifhed: But if no perfon fhall have a majority of votes, the house of reprefentatives fhall, by ballot, elect two out of four perfons who had the highest number of votes, if fo many fhall have been voted for; but, if otherwife, out of the number voted for; and make return to the fenate of the two perfons fo elected; on which the fenate fhall proceed, by ballot, to elect one, who fhall be declared governor.

IV: The governor fhall have authority, from time to time, at his difcretion, to affemble and call together the councillors of this commonwealth for the time being; and the governor, with the faid councillors, or five of them at least, fhall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the conftitution, and the laws of the land.

V. The governor, with advice of council, fhall have full power and authority, during the feffion of the general court, to adjourn or prorogue the fame, to any time the two houfes fhall defire; and to diffolve the fame, on the day next preceding the laft Wednesday in May; and, in the recefs of the faid court, to prorogue the fame, from time to time, not exceeding ninety days in any one recefs; and to call it together fooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth fhall require the fame: And in cafe of any infectious diftemper prevailing in the place where the faid court is next at any time to convene, or any other caufe happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the feffion to be held at fome other the most convenient place within the state.

And the governor fhall diffolve the faid general court on the day next preceding the last Wednesday in May.

VI. In cafes of difagreement between the two houses, with regard to the neceffity, expediency, or time of adjournment, or prorogation, the governor, with advice of the council, fhall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he fhall determine the public good shall require.

VII. The governor of this commonwealth, for the time being, fhall be the commander in chief of the army and navy, and of all the military forces of the ftate, by fea and land; and fhall have full power by himfelf, or by any commander, or other officer or officers, from time to time, to train, inftruct, exercife and govern the militia and navy, and for the fpecial defence and fafety of the commonwealth, to affemble in martial array, and put in warlike pofture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, refift, expel, and purfue, by force of arms, as weli by fea as by land, within or without the limits of this commonwealth, and also to kill,

flay,