officers and cs VII. The senate shall choose its own president, appoint shall choose its its own officers, and determine its own rules of proceed- tablish its rules. ings. peachments. VIII. The senate shall be a court with full authority shall try all imto 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 impeach- Oath. ment, the members of the senate shall, respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judg- Limitation of ment, 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, judgment and punishment, according to the laws of the land. sentence. IX. Not less than sixteen members of the senate shall Quorum. constitute a quorum for doing business. CHAPTER I. SECTION III. House of Representatives. of the people. ART. I. There shall be, in the legislature of this Com- Representation monwealth, 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 Representathis Commonwealth, founded upon the principle of equality, every cor- chosen. tives, by whom porate town, containing one hundred and fifty ratable polls, may elect one representative; every corporate town containing three hundred and seventy-five ratable polls, may elect two representatives; every See amendcorporate town, containing six hundred ratable polls, may elect three ments, Arts. representatives; and proceeding in that manner, making two hundred and XXI. and twenty-five ratable polls the mean increasing number for every additional representative. XII., XIII. less than 150 Provided, nevertheless, that each town now incorporated, not hav- Proviso as to ing one hundred and fifty ratable polls, may elect one representative; towns having but no place shall hereafter be incorporated with the privilege of ratable polls. electing a representative, unless there are within the same one hundred and fifty ratable polls.] And the house of representatives shall have power, from Towns liable to time to time, to impose fines upon such towns as shall neglect fine in case, &c. to choose and return members to the same, agreeably to this constitution. Expense of travelling to and The expenses of travelling to the general assembly, and from the general returning home, once in every session, and no more, shall court, how paid. be paid by the government, out of the public treasury, to every member who shall attend as scasonably as he can, in the judgment of the house, and does not depart without leave. Qualifications of a representa. tive. See 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 XIV. and XXI. have been seised in his own right of a freehold of the value amendments, Arts. XIII., Qualifications of a voter. of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate 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 resident in any particular town in this Commonwealth, for the space of one year next preceding, having a frechold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a represenments, Arts.III., tative or representatives for the said town.] See amend XX. and XXIII. Representatives, when chosen. See amend. ments, Arts. X. and XV. [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 House alone can inquest of this Commonwealth; and all impeachments made by them shall be heard and tried by the senate. impeach. House to origi nate all money bills. Not to adjourn more than two 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 days at a time. to adjourn themselves, provided such adjournment shall not exceed two days at a time. Quorum. See amendments, Art. XXI. House to judge of its own mem its officers and establish its rules, &c. May punish for certain offences. [IX. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.] X. The house of representatives shall be the judge of of returns, &c., the returns, elections and qualifications of its own members, bers; to choose as pointed out in the constitution; shall choose their own speaker, appoint their own officers, and settle 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 behavior in its presence; or who, in the town where the general court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for anything said or done in the house; or who shall assault any of them there for; or who shall assault or arrest any witness, or other person, ordered to attend the house, in his way in going. or returning; or who shall rescue any person arrested by the order of the house. members. And no member of the house of representatives shall be Privileges of arrested, or held to bail on mean process, during his going unto, return from, or his attending, the general assembly. punish. XI. The senate shall have the same powers in the like Senate. cases; and the governor and council shall have the same Governor and authority to punish in like cases: provided, that no im- council may prisonment, on the warrant or order of the governor, coun- General limita cil, senate or house of representatives, for either of the above described offences, be for a term exceeding thirty days. tion. committee, or And the senate and house of representatives may try and Trial may be by determine all cases where their rights and privileges are otherwise. concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may, respectively, think best. CHAPTER II. EXECUTIVE POWER. SECTION I. Governor. ART. I. There shall be a supreme executive 'magistrate, Governor. II. The governor shall be chosen annually; and no per- To be chosen son shall be eligible to this office, unless, at the time of his annually. election, he shall have been an inhabitant of this Common- Qualifications. wealth for seven years next preceding; and unless he shall, at the same time, be seised, 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 see amendChristian religion.] [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, ments, Art. VII. By whom See amend annually, give in their votes for a governor, to the selectmen, who ments, Arts. II., shall preside at such meetings; and the town clerk, in the presence X., XIV. and XV. 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 when no person 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.] How chosen, has a majority. Power of gov ernor, and of governor and council. May adjourn or prorogue the general court upon request, and convene the same. ments, Art. X. See amend. ments, Art. X. 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 at 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.]` council may ad VI. In cases of disagreement between the two houses, Governor and with regard to the necessity, expediency or time of adjourn- journ the gen ment or prorogation, the governor, with advice of the cases, &c., but council, shall have a right to adjourn or prorogue the gen- ninety days. eral court, not exceeding ninety days, as he shall determine the public good shall require. not exceeding commander-in VII. The governor of this Commonwealth, for the time Governor to be being, shall be the commander-in-chief of the army and chief. 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 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 Limitation. 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 |