INDEX TO THE CONSTITUTION.

A.

Page

Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon,

Alimony, divorce, &c.,

24

20

Adjutant-general, appointed by the governor,

Adjutants, to be appointed by commanding officers of regiments,

Affirmations, instead of the required oaths, may be made by Quakers,. 28, 33
Agriculture, arts, commerce, &c., to be encouraged,

Amendment to the constitution, proposed in the general court,
agreed to by a majority of senators and two-thirds of house
present and voting thereon by yeas and nays; entered
upon the journals of both houses, and referred to the next
general court if the next general court agrees to the
proposition in the same manner, and to the same effect, it
shall be submitted to the people, and, if approved by them
by a majority vote, becomes a part of the constitution,
Apportionment of councillors,

state to be divided into eight districts,

Apportionment of senators,

34

23, 37, 38, 39

on basis of legal voters, and state to be divided into forty
districts,

Apportionment of representatives,

to the several counties, made on the basis of legal voters,
Arinies, dangerous to liberty, and not to be maintained without con-

Arms, right of people to keep and to bear, for public defence,
Arrest, members of house of representatives exempted from, on
mesne process, while going to, returning from, or attending
the general assembly,

Attorney-general, to be chosen by the people annually in November, 20, 39
to hold office for one year from third Wednesday In January
next thereafter, and until another is chosen and qualified, .
election determined by legislature,

in failure of election by the voters, or in case of decease of
person elected, vacancy to be filled by joint ballot of legis-
lature from the two persons having the highest number of
votes at November election,

39

47

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Attorney-General, vacancy occurring during session of the legislature,
filled by joint ballot of legislature from the people at large,
vacancy occurring during recess of legislature, filled by gov-
ernor by appointment, with consent of council,
not eligible, unless an inhabitant of the state for five years next
preceding election or appointment,
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days,
Attorneys, district, elected by the people of the several districts,
Auditor, to be chosen by the people annually in November,

to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified,
election determined by legislature,

vacancy filled in same manner as in office of attorney-general,
not eligible, unless an inhabitant of the state for five years next
preceding election,
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days,

39

39

888 888

40

40

40

89

39

39

39
•

Bail or sureties, excessive, not to be required,
Bills, money, to originate in the house of representatives,
Bills and resolves, to be laid before governor for revisal,
to have force of law if signed by governor,
if objected to by governor in writing, to be returned to branch
in which originated, and may be passed by two-thirds of
each branch present and voting thereon by yeas and nays,.
if not returned by governor within five days after presentation,
to have force of law, unless the legislature adjourns before
that time expires,

Boards, public, to make quarterly reports to the governor,
Body politic, formation and nature of, .

.

title of: The Commonwealth of Massachusetts, .
Bribery or corruption used in procuring an appointment or election,
to disqualify from holding any office of trust, &c.,

8

16

10

of inhabitants and legal voters taken in the year 1865, and every
tenth year thereafter,

enumeration of voters to determine the apportionment of rep-

resentatives,

Cities, may be chartered by the general court, if containing twelve
thousand inhabitants and consented to by a majority there-

of, .

. 31, 32

Civil officers, meeting for election to be held annually on the Tuesday
next after the first Monday in November,

whose election is provided for by the constitution to be elected
by a plurality of votes, .

Page

38

38

40

13

30

19

27

Clerks of courts, elected by the people of the several counties,
Clerks of towns, to make records and returns of elections,
Colonial laws, not repugnant to the constitution, continued in force,
Commander-in-chief, governor to be,

Commerce, agriculture and the arts, to be encouraged,
Commissary-general, appointed and commissioned as fixed by law,
Commission officers, tenure of office to be expressed in commissions,
Commissioners of insolvency, elected by the people of the several
counties, .
Commissions, to be in the name of the commonwealth, signed by
governor, attested by the secretary, and have the great seal
affixed,

members of, may not hold certain state offices,
Constitution, amendment to, proposed in the general court, agreed
to by a majority of senators and two-thirds of the house
present and voting thereon by yeas and nays; entered upon
the journals of both houses, and referred to the next gen-
eral court if the next general court agrees to the propo-
sition in the same manner and to the same effect, it shall
be submitted to the people, and, if approved by them by a
majority vote, becomes a part of the constitution,

Constitution, provisions for revising,

to be enrolled on parchment, deposited in secretary's office, and
printed in all editions of the laws,

Coroners, .

Corruption or bribery used in procuring any appointment or election,
to disqualify from holding any office of trust, &c.,

Council, five members to constitute a quorum,
eight councillors to be elected annually,

election to be determined by rule required in that of governor, 38
to take oath of office before the president of the senate in pres-
ence of both houses of assembly, .

to rank next after the lieutenant-governor,
resolutions and advice to be recorded in a register, and signed

register of council may be called for by either house,.

to exercise the power of governor when office of governor and
lieutenant-governor is vacant,

no property qualification required,

eight districts to be formed, each composed of five contiguous
senatorial districts,

eligible to election if an inhabitant of state for five years pre-

38

38

34

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Council, vacancy to be filled by election of a resident of the district by
concurrent vote of the senate and house; if legislature

is not in session, to be filled by governor with advice of
council,

Court, superior, judges not to hold certain other offices,

Court, supreme judicial, judges to have honorable salaries fixed by
standing laws, and to hold office during good behavior,

judges not to hold certain other offices,

to give opinions upon important questions of law, &c., when
required by either branch of the legislature or by the gov-
ernor and council,

Courts, clerks of, elected by the people of the several counties,
Courts, probate, provisions for holding,.

registers elected by the people of the several counties,
Courts and judicatories may be established by the general court,

may administer oaths or affirmations, .

Crimes and offences, prosecutions for, regulated,
Crimes to be proved in the vicinity of where they happen,

D.

Debate, freedom of, in the legislature,

Declaration of the rights of the inhabitants,

Declaration and oaths of officers; tests abolished,.

Delegates to congress,

Departments, legislative, executive and judicial, to be kept separate,
District attorneys, elected by the people of the several districts, .
Districts, councillor, eight, each to be composed of five contiguous
senatorial districts,.

9

40

38

42

Districts, senatorial, forty, to be of adjacent territory, and to contain

as near as may be an equal number of voters,
Districts, representative, to be established by commissioners in the
several counties,

Elections, by the people, of civil officers provided for by the constitu-
tion, to be by plurality of votes,

Election of civil officers, meeting to be held annually on the first
Tuesday next after the first Monday in November,

in case of failure to elect representative, meeting to be held on
fourth Monday of November,

27

38

38

Equality and natural rights of all men,

Estates, valuation to be taken anew once at least every ten years,
Executive department, not to exercise legislative or judicial powers,
Ex post-facto laws, declared unjust and oppressive,

F.

Felony and treason, no subject to be declared guilty of, by the legis-

Freedom of speech and debate in the legislature, .

Freehold, possession of, not required as qualification for seat in the
general court or council,

8

8

9

8

38

Fundamental principles of the constitution, a frequent recurrence to,
recommended,.

7

G.

9, 18, 34

10

11

11

11

. 18, 34

15

18

General court, to assemble frequently for redress of grievances, and

for making laws,

freedom of speech and debate in,.

not to declare any subject to be guilty of treason or felony,
formed by two branches, a senate and house of representatives,
each having a negative on the other,

to assemble every year on the first Wednesday of January, at
such other times as they shall judge necessary, and when-
ever called by the governor with the advice of council,
may constitute and erect judicatories and courts,
may make wholesome and reasonable laws and ordinances not
repugnant to the constitution,

may provide for the election or appointment of officers, and pre-
scribe their duties, .

may impose taxes, &c., to be used for the public service,
to be dissolved on the day next preceding the first Wednesday
of January,
travelling expenses of members,

may be adjourned or prorogued, upon its request, by the gov-
ernor with advice of council, .
session may be directed by governor, with advice of council, to
be held in other than the usual place in case of an infec-
tious distemper prevailing,

judicial officers may be removed upon address of,
person convicted of bribery not to hold seat in,
may increase property qualifications of persons to be elected to
office,

certain officers not to have seats in,

may be prorogued by governor and council for ninety days, if

houses disagree, &c.,