of offices. ART. VIII. No judge of any court of this Commonwealth, Incompatibility (except the court of sessions,) and no person holding any office under the authority of the United States (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor or councillor, or have a seat in the senate or house of representatives of this Commonwealth; and no judge of any court in this Commonwealth, (except the court of sessions,) nor the attorney-general, [solicitor-general, county-attorney,] clerk of any court, sheriff, treasurer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; [and judges of the courts of common pleas shall hold no other office under the government of this Commonwealth, the office of justice of the peace and militia offices excepted.] ART. IX. If, at any time hereafter, any specific and par- Amendments constitution, ticular amendment or amendments to the constitution be how made. proposed in the general court, and agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and · shall be published; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this Commonwealth. cal year, ART. X. The political year shall begin on the first CommenceWednesday of January, instead of the last Wednesday of ment of politi May; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be and ermina tion. Meetings for the choice of governor, lieutenant-governor, &c., when to be held. May be adjourned. See amendments, Art. XV. Article, when to go into operation. Inconsistent provisions annulled. Religious free- establish dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shåll judge necessary, or when called together by the gov ernor. The governor, lieutenant-governor and councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead. [The meeting for the choice of governor, lieutenant-governor, senators and representatives, shall be held on the second Monday of November in every year; but meetings may be adjourned, if necessary, for the choice of representatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November.] All the [other] provisions of the constitution, respecting the elections and proceedings of the members of the general court, or of any other officers or persons whatever, that have reference to the last Wednesday of May as the commencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January. This article shall go into operation on the first day of October, next following the day when the same shall be duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieutenant-governor, senators and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force and go into operation, pursuant to the foregoing provision. All the provisions of the existing constitution, inconsist ent with the provisions herein contained, are hereby wholly annulled. ART. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted: "As the public worship of God, and instructions in piety, religion and morality, promote the happiness and prosperity of a people, and the security of a republican government ; therefore the several religious societies of this Commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made or entered into by such society; and all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the Commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law." ble polls to be thereafter. [ART. XII. In order to provide for å representation of the citizens of Census of ratathis Commonwealth, founded upon the principles of equality, a census of taken in 1837, the ratable polls in each city, town and district of the Commonwealth, on and decennially the first day of May, shall be taken and returned into the secretary's office, in such manner as the legislature shall provide, within the month of May, in the year of our Lord one thousand eight hundred and thirtyseven, and in every tenth year thereafter, in the month of May, in manner Representaaforesaid: and each town or city having three hundred ratable polls at the tives, how aplast preceding decennial census of polls, may elect one representative, portioned. and for every four hundred and fifty, ratable polls, in addition to the first ments, Arts. three hundred, one representative more. See amend XIII. and XXI. Any town having less than three hundred ratable polls shall be repre- Towns having sented thus: The whole number of ratable polls, at the last preceding less than 300 ratable polls, decennial census of polls, shall be multiplied by ten, and the product how repredivided by three hundred; and such town may elect one representative sented. as many years within ten years, as three hundred is contained in the product aforesaid. Any city or town having ratable polls enough to elect one or more Fractions, how representatives, with any number of polls beyond the necessary number, represented, may be represented, as to that surplus number, by multiplying such surplus number by ten, and dividing the product by four hundred and fifty; and such city or town may elect one additional representative as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid. resentative Any two or more of the several towns and districts may, by consent of Towns may a majority of the legal voters present at a legal meeting in each of said unite into rep-towns and districts, respectively, called for that purpose, and held previous districts. to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for the election of a representative or representatives; and such districts shall have all the rights, in The governor and council to determine the number of rep which each town is entitled ment to be made once in every ten years. regard to representation, which would belong to a town containing the same number of ratable polls. The governor and council shall ascertain and determine, within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, according to the foregoing principles, the numresentatives to ber of representatives which each city, town and representative district is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town and representative district may New apportion- elect an additional representative; and where any town has not a sufficient number of polls to elect a representative each year, then, how many years within the ten years, such town may elect a representative; and the same shall be done once in ten years thereafter, by the governor and council, and the number of ratable polls in each decennial census of polls shall determine the number of representatives which each city, town and representative district may elect as aforesaid; and when the number of representatives to be elected by each city, town or representative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years. All the provisions of the existing constitution inconsistent with the provisions hereby contained, are herein wholly annulled.] Inconsistent provisions annulled. Census of in ART. XIII. [A census of the inhabitants of each city and town, on the habitants to be first day of May, shall be taken and returned into the secretary's office, taken in 1840, and decennially on or before the last day of June, of the year one thousand eight hundred thereafter, for and forty, and of every tenth year thereafter; which census shall deterbasis of repre- mine the apportionment of senators and representatives for the term of seutation. See amendments, Art. XXII. ten years. The several senatorial districts now existing, shall be permanent. The Senatorial dis- senate shall consist of forty members; and in the year one thousand eight tricts declared hundred and forty, and every tenth year thereafter, the governor and council shall assign the number of senators to be chosen in each district, according to the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district. permanent. See amendments, Art. XXII. House of representatives, how apportioned. See amendments, Art. XXI. Small towns, how represented. Towns may resentative districts. The members of the house of representatives shall be apportioned in the following manner: Every town or city containing twelve hundred inhabitants, may elect one representative; and two thousand four hundred inhabitants shall be the mean increasing number, which shall entitle it to an additional representative. Every town containing less than twelve hundred inhabitants shall be entitled to elect a representative as many times, within ten years, as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the Commonwealth shall be settled. Any two or more of the several towns may, by consent of a majority of unite into rep- the legal voters present at a legal meeting, in each of said towns, respectively, called for that purpose, and held before the first day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representative district, to continue for the term of ten years; and such districts shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants. Basis of repre The number of inhabitants which shall entitle a town to elect one repsentation, and resentative, and the mean increasing number, which shall entitle a town or city to elect more than one, and also the number by which the population of towns, not entitled to a representative every year, is to be divided, ratio of in crease. shall be increased, respectively, by one-tenth of the numbers above mentioned, whenever the population of the Commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of one-tenth shall be made, respectively, to the said numbers above mentioned. governor In the year of each decennial census, the governor and council shall, The before the first day of September, apportion the number of representatives and council to apportion the which each city, town and representative district is entitled to elect, and number of repascertain how many years, within ten years, any town may elect a repre- of each town sentative, which is not entitled to elect one every year; and the governor once in every shall cause the same to be published forthwith. resentatives ten years. to Nine councillors shall be annually chosen from among the people at Councillors large, on the first Wednesday of January, or as soon thereafter as may be, be chosen from "the people at by the joint ballot of the senators and representatives, assembled in one large. room, who shall, as soon as may be, in like manner, fill up any vacancies See amend that may happen in the council, by death, resignation or otherwise. No ments, Art. person shall be elected a councillor who has not been an inhabitant of this Qualifications Commonwealth for the term of five years immediately preceding his of councillors. election; and not more than one councillor shall be chosen from any one senatorial district in the Commonwealth.] XVI. qualification No possession of a freehold, or of any other estate, shall Freehold as a be required as a qualification for holding a seat in either not required. branch of the general court, or in the executive council. the people to ART. XIV. In all elections of civil officers by the people Elections by of this Commonwealth, whose election is provided for by the be by plurality constitution, the person having the highest number of votes of votes. shall be deemed and declared to be elected. election of gov lature. ART. XV. The meeting for the choice of governor, lieu- Time of annual tenant-governor, senators and representatives, shall be held ernor and legison the Tuesday next after the first Monday in November, annually; but in case of a failure to elect representatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November. sen by district State. ART. XVI. Eight councillors shall be annually chosen by Eight councilthe inhabitants of this Commonwealth, qualified to vote for lors to be chogovernor. The election of councillors shall be determined people. by the same rule that is required in the election of governor. The legislature, at its first session after this amendment Legislature to shall have been adopted, and at its first session after the next State census shall have been taken, and at its first session after each decennial State census thereafterwards, shall divide the Commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without dividing any town or ward of a city, and each entitled to elect one councillor: provided, however, that if, at any time, the constitution shall provide |