Meetings for the choice of governor, lieutenant-gover

nor, &c., when to be held May

be adjourned. See amendments, Art. XV.

Article, when

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 shall judge necessary, or when called together by the governor. 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 ign into oper- October, next following the day when the same shall be duly

ation.

Inconsistent provisions annulled.

Religious freedom established.

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, inconsistent 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."

[ART. XII. In order to provide for a representation of the citizens of Census of ratable polls to be this 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 thereafter. 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 thirty

seven, 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 ap last 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.

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

determine the

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 and council to months of July and August, in the year of our Lord one thousand eight number of rep- hundred and thirty-seven, according to the foregoing principles, the numresentatives to ber of representatives which each city, town and representative district is town is en- entitled to elect, and the number of years, within the period of ten years

which each

titled

ment to be made once in

every 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.

Inconsistent provisions annulled.

Census of in

taken in 1840,

All the provisions of the existing constitution inconsistent with the provisions hereby contained, are herein wholly annulled.]

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, 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 deterbastation repre- mine the apportionment of senators and representatives for the term of

See amend- ten years. ments, Art.

XXII.

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

permanent. See amendments, Art.

XXII.

House of representatives, how apportioned. See amendments, Art. XXI.

Small towns, how represented.

Towns may

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.

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, respec

resentative districts.

tively, 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.

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 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.

and council to

In the year of each decennial census, the governor and council shall, The governor before the first day of September, apportion the number of representatives 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-resentativewn sentative, which is not entitled to elect one every year; and the governor once in every shall cause the same to be published forthwith.

ten years.

Nine councillors shall be annually chosen from among the people at Councillors to 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 amendthat 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.]

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

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, lature. 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.

ART. XVI. Eight councillors shall be annually chosen by Eight councilthe inhabitants of this Commonwealth, qualified to vote for ens by thechogovernor. 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

Eligibility defined.

for the division of the Commonwealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be from time to time, established by the legislature. No person shall be eligible to the office of councillor who has not been an inhabitant of the Commonwealth for the term of five years immediately Day and man- preceding his election. The day and manner of the election, the return of the votes, and the declaration of the said elections, shall be the same as are required in the election Vacancies, how of governor. Whenever there shall be a failure to elect the

ner of election, &c.

filled.

full number of councillors, the vacancies shall be filled in the same manner as is required for filling vacancies in the senate; and vacancies occasioned by death, removal from the State, or otherwise, shall be filled in like manner, as soon as may

Organization of be after such vacancies shall have happened. And that

govern

ment.

Election of secretary, treasurer, auditor and attorneygeneral by the people.

there may be no delay in the organization of the government on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and councillors; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined; and in case of the election of either of said officers, the choice shall be by them declared and published; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the manner provided in the constitution for the choice of such officers.

ART. XVII. The secretary, treasurer and receiver-general, auditor, and attorney-general, shall be chosen annually, on the day in November prescribed for the choice of governor; and each person then chosen as such, duly qualified in other respects, shall hold his office for the term of one year from the third Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall

Vacancies, how be such as are required in the election of governor. In case of a failure to elect either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be