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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 " 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, district, or plantation, where he dwelleth, or hath his home.

The selectmen of the several towns shall preside at such meetings impartially; and shall receive the votes of all the inhabitants of fuch towns present and qualified to vote for fenators, and shall fort and count them in open town-meeting, and in prefence of the town-clerk, 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 felectmen and the town-clerk, and shall be fealed up, directed to the fecretary of the commonwealth for the time being, with a superscription expreffing the purports of the contents thereof, and delivered by the town-clerk of such towns to the sheriff of the 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 fuch certificates by him received into the secretary's office seventeen days before the faid last Wednesday in May.

And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be impowered or required to afsess taxes upon themselves toward the support of government, shall have the same privilege of voting for councillors 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 such place in the plantations respectively as the affeffors thereof shall direct; which affeffors 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 conftitution. And all other persons living in places unincorporated (qualified as aforesaid) who shall be affefled to the support of government by the affeffors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators, in the town where they shall be affessed, and be notified of the place of meeting by the selectmen 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 soon as may be, examine the returned copies of fuch records; and fourteen days before the

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faid day he shall issue his fummons to such persons as shall appear to be chosen 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 shall be examined by the prefident and five of the council of the former conftitution of government; and the said president shall, in like manner, issue his fummons to the persons so elected, that they may take their feats 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 faid 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 fenators 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 fuch district, and not elected, amounting to twice the number of fenators wanting, if there be so many voted for; and out of these shall elect by ballot a number of fenators sufficient to fill up the vacancies in fuch district; and in this manner all such 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 otherwise, shall be supplied as foon as may be, after such vacancies shall happen.

V. Provided nevertheless, that no person shall be capable of being elected as a fenator, who is not seized 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 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 district for which he shall be chosen.

VI. The fenate shall have power to adjourn themselves, provided such adjourninents do not exceed two days at a time. VII. The fenate shall chuse its own president, appoint its own officers, and determine its own rules of proceedings.

VIII. The fenate shall be a court with full authority to hear and determine all impeachments made by the house of representatives againft 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 fenate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however,

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however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honour, 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.

IX. Not less than fixteen members of the senate shall confti tute a quorum for doing business,

CHAP. I. SECT. III,

HOUSE OF REPRESENTATIVES.

Art. 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, 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 seventy-five rateable polls, may elect two representatives: Every corporate town, containing fix hundred rateable polls, may elect three representatives; and proceeding in that manner, making two hundred and twenty-five rateable polls the mean increasing number for every additional representative.

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

And the house of representatives shall have power from time to time to impose fines upon such towns as shall neglect to chuse and return members to the same, agreeably to this conftitution.

The expences of travelling to the general afsembly, and returning home once in every session and no more, shall be paid by the government out of the public treasury, to every member who shall attend as feasonably as he can, in the judgment of the house, and does not depart without leave.

III. Every member of the house of representatives shall be chosen by written votes; and for one year at least next preceding his election, shall 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 shall be chosen to reprefent, or any rateable eftate to the value of two hundred pounds; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid.

IV. Every male person, 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 same town, of the annual income of three pounds, or any estate of the value of fixty pounds, shall have a right to vote in the choice of a representative or representatives for the faid

town.

V. The members of the house 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 shall be the grand inquest of this commonwealth; and all impeachments made by them shall be heard and tried by the fenate.

VII. All money-bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.

VIII. The house of representatives shall have power to adjourn themselves, provided fuch adjournment shall not exceed two days at a time.

IX. Not less than fixty 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 chuse their own speaker, appoint their own officers, and fettle 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 behaviour in its prefence; or who, in the town where the general court is fitting, and during the time of its fitting, shall threaten harm to the body or estate of any of its members, for any thing faid or done in the house; or who shall affault any of them therefor; and who shall affault or arrest any witness or other perfon ordered to attend the house, in his way in going or returning; or who shall rescue any perfon arrested by the order of the house.

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

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

And

And the fenate and house of representatives may try, and determine, all cases 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 respectively think best.

Art. I. THERE shall be a fupreme executive magistrate, who shall be stiled, 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 fame time, be seized 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 fenators and reprefentatives 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 prefence, and with the affistance of the selectmen, shall, in open town-meeting, fort and count the votes, and form a lift of the persons voted for, with the number of votes for each perfon against his name; and shall make a fair record of the fame 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 faid lift, attested by him and the selectmen, and tranfmit the same to the sheriff of the county, thirty days at least before the last Wednesday in May; and the sheriff shall tranfmit the fame to the fecretary's office, seventeen days at least before the faid last Wednesday in May; or the felectmen may cause returns of the fame to be made to the office of the fecretary of the commonwealth, seventeen days at least before the faid day; and the secretary shall lay the same before the fenate, and the house of reprefentatives, on the last Wednesday in May, to be by them examined: And in case of an election by the majority of all