faid day he shall issue his fummons to such perfons 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 faid president shall, in like manner, issue his fummons to the persons so elected, that they may take their seats as aforefaid.

IV. The fenate 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 laft 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 shall be supplied in the following manner, viz. The members of the house of representatives, and fuch fenators as shall be declared elected, shall take the names of fuch perfons 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 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 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 poffefsed of personal estate to the value of fix hundred pounds at least, or of both to the amount of the fame 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 fenate shall have power to adjourn themselves, provided such adjournments 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 senate shall be a court with full authority to hear and determine all impeachments made by the house of reprefentatives against any officer or officers of the commonwealth, for mifcondust 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, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honour, truft, 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 constitute 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 same, 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 fame, agreeably to this conftitution.

The expences of travelling to the general afsembly, and returning home once in every feffion and no more, shall be paid by the government out of the public treasury, 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 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 seized 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 estate to the value of two hundred pounds; and he shall

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CONSTITUTION OF MASSACHUSETTS.

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

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 fame town, of the annual income of three pounds, or any eftate of the value of fixty pounds, shall have a right to vote in the choice of a representative or representatives for the said

town.

V. The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the laft 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 senate.

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 such 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 conftitution; 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 punisa by imprisonment every perfon, 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 arrefted by the order of the house.

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

XI. The fenate 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, senate, or house of representatives, for either of the above-described offences, be for a term exceeding thirty days,

And

And the senate and house of representatives may try, and determine, 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 fuch other way as they may respectively think beft.

CHAPTER

EXECUTIVE

II.

POWER.

SECTION I.

GOVERNOR.

Art. I. THERE shall be a supreme executive magistrate, who shall be stiled, The Governor of the Comunonwealth of Maffachusetts; and whose title shall be, His Excellency.

II. The governor shall be chofen annually: And no perfon 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 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 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 prefence, and with the affistance of the selectmen, shall, 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 person 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 said 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 transmit the fame to the secretary's office, seventeen days at leaft before the faid last Wednesday in May; or the selectmen 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 fame before the fenate, and the house of representatives, on the last Wednesday in May, to be by them examined: And in case of an election by the majority of all

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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 fenate of the two persons so elected ; on which the fenate shall proceed, by ballot, to elect one, who shall be declared governor.

IV. The governor shall have authority, from time to time, at his difcretion, to assemble 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, 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 feffion of the general court, to adjourn or prorogue the fame, to any time the two houses shall defire; and to diffolve the fame, on the day next preceding the last Wednesday in May; and, in the recess of the said 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 shall require the fame: And in case of any infectious distemper prevailing in the place where the faid 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 fome other the most convenient place within the state.

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

VI. In cafes of disagreement between the two houses, with regard to the neceffity, 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 fafety 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, refift, expel, and purfue, by force of arms, as well by fea as by land, within or without the limits of this commonwealth, and also to kill, lay,

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