filled.

Vacancies, how 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 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 such vacancies shall be filled up in every district of the Commonwealth; and in like manner all vacancies in the senate, arising by death, removal out of the State or otherwise, shall be supplied as soon as may be after such vacancies shall happen.]

Qualifications of a senator. See amendments, Arts. XIII. and XXII.

Senate not to

adjourn more

V. Provided, nevertheless, that no person shall be capable of being elected a senator, [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 of the value of six hundred pounds at least, or of both to the amount of the same 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 senate shall have power to adjourn themselves; than two days. provided such adjournments do not exceed two days at a time.

Shall choose its officers and establish its

rules.

Shall try all

Oath.

VII. The senate shall choose 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 impeachments. 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 impeachment, the members of the senate shall, respectively be sworn, truly and impartially to try and determine the charge in question, Limitation of according to evidence. Their judgment, 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.

Quorum.

IX. Not less than sixteen members of the senate shall 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.

chosen.

ments, Arts.

[II. And in order to provide for a representation of the citizens of Representathis Commonwealth, founded upon the principle of equality, every cor- tives, by whom porate town, containing one hundred and fifty ratable polls, may elect one representative; every corporate town, containing three hundred and See amendseventy-five ratable polls, may elect two representatives; every corporate XII., XIII. and town, containing six hundred ratable polls, may elect three representa- XXI. tives; and proceeding in that manner, making two hundred and twentyfive ratable polls the mean increasing number for every additional representative.

Provided, nevertheless, that each town now incorporated, not having Proviso as to one hundred and fifty ratable polls, may elect one representative; but no less than 150 towns having place shall hereafter be incorporated with the privilege of electing a ratable tolls. representative, unless there are within the same one hundred and fifty ratable polls.]

fine in case, &c.

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

The expenses of travelling to the general assembly, 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 seasonably as he can, in the judgment of the house, and does not depart without leave.

Expense of

travelling to

and from the general court, how paid.

of a represent

See amend

XIII., XIV.

III. Every member of the house of representatives shall Qualifications be chosen by written votes; [and, for one year at least next ative. preceding his election, shall have been an inhabitant of, and ments, Arts. have been seized in his own right of a freehold of the value and XXI. 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.]

of a voter.

[IV. Every male person being twenty-one years of age, and resident Qualifications 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 See amendannual income of three pounds, or any estate of the value of sixty pounds, m. xx. and shall have a right to vote in the choice of a representative or representa- XXIII. tives for the said town.]

ments, Arts.

Representa tives, when chosen.

See amend

ments, Arts. X. and XV.

House alone

[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 can impeach. inquest of this Commonwealth; and all impeachments made by them shall be heard and tried by the senate.

House to originate 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 to days at a time. adjourn themselves; provided such adjournment shall not exceed two days at a time.

Quorum.

See amend

ments, Art.

XXI.

House to judge

of own

members; to

choose its offi

lish 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, as pointed out in the constitution; shall choose their own cers and estab- 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 therefor; 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.

Privileges of members.

Senate.

Governor and

council may

punish.

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

XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same authority to punish in like cases: provided, that no imprisGeneral limita- Onment, 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.

tion.

Trial may be by committee, or otherwise.

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 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. who shall be styled-THE GOVERNOR OF THE COMMONWEALTH

OF MASSACHUSETTS; and whose title shall be-HIS EXCEL- His title.

LENCY.

annually.

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 Qualifications. 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 ments, Art. Christian religion.]

See amend

VII.

sen, if he have

II., X., XIV.

[III. Those persons who shall be qualified to vote for senators and By whom chorepresentatives, within the several towns of this Commonwealth, shall, at a majority of a meeting to be called for that purpose, on the first Monday of April,. votes. annually, give in their votes for a governor, to the selectmen, who shall See amendpreside at such meetings; and the town clerk, in the presence and with ments, Arts. the assistance of the selectmen, shall, in open town meeting, sort and and XV. 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 How chosen, when no person have a majority of votes, the house of representatives shall, by ballot, elect has a majority. 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.]

ernor, and of

IV. The governor shall have authority, from time to Power of gov time, at his discretion, to assemble and call together the governor and councillors of this Commonwealth for the time being; and council. the governor, with the said councillors, or five of them, at least, shall, and may, from time to time, hold and keep a

May adjourn or prorogue the

upon request,

and convene

the same.

See amend

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 general court 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 prements, Art. X. ceding 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.

See amend

[And the governor shall dissolve the said general court on the day next ments, Art. X. preceding the last Wednesday in May.]

Governor and council may ad

journ the gencases, &c., but not exceeding

eral court in

ninety days.

Governor to be commander-in

chief.

VI. In cases of disagreement between the two houses, with regard to the necessity, 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 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