objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated, who shall enter the objections sent down by the governor, at large, on their records, and Bill may be pass- proceed to reconsider the said bill or resolve; but if, after ed by two-thirds such reconsideration, two-thirds of the said senate or house notwithstanding. of representatives shall, notwithstanding the said objections, each house, See amendments, Art. I. General court may constitute judicatories, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two-thirds of the members present, shall have the force of a law: but in all such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the Commonwealth. And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. III. The general court shall forever have full power and authority to erect and constitute judicatories and courts of courts of record, record, or other courts, to be held in the name of the Com monwealth, for the hearing, trying and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the Commonwealth, or between or concerning persons inhabiting or residing, or brought within the same; whether the same be criminal, or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, Courts, &c., may personal or mixed; and for the awarding and making out of administer oaths. execution thereupon: to which courts and judicatories are General court may enact laws, &c., the constitution; hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them. IV. And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, so as not repugnant to the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name the election duties; and settle annually, or provide by fixed laws, for the naming may provide for and settling, all civil officers within the said Commonwealth, appointment of the election and constitution of whom are not hereafter in officers; this form of government otherwise provided for; and to set prescribe their forth the several duties, powers and limits, of the several civil and military officers of this Commonwealth, and the forms of such oaths, or affirmations as shall be respectively administered unto them for the execution of their several offices and places so as the same be not repugnant or contrary to this constitution; and to impose and levy propor- impose taxes; tional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within the said Commonwealth; and also to impose and levy duties and exreasonable duties and excises upon any produce, goods, cises; wares, merchandise and commodities whatsoever, brought into, produced, manufactured, or being within the same ; to to be disposed of be issued and disposed of by warrant, under the hand of the tection, &c. governor of this Commonwealth, for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of the said Commonwealth, and the protection and preservation of the subjects thereof, according to such acts as are or shall be in force within the same. for defence, pro tates once in ten And while the public charges of government, or any part Valuation of esthereof, shall be assessed on polls and estates, in the manner years, at least, that has hitherto been practised, in order that such assess- while, &c. ments may be made with equality, there shall be a valuation of estates within the Commonwealth, taken anew once in every ten years at least, and as much oftener as the general court shall order. CHAPTER I. SECTION II. Senate. [ART. I. There shall be annually elected, by the freeholders and Senate, number other inhabitants of this Commonwealth, qualified as in this constitution of, and by whom is provided, forty persons to be councillors and senators, for the year ensuing their election; to be chosen by the inhabitants of the districts, See amendments, into which the Commonwealth may, from time to time, be divided by the Arts. XIII general court for that purpose: and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known, to the inhabitants of the Commonwealth, the limits of each elected. XVI. and XXII. district, and the number of councillors and senators to be chosen therein: provided, that the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators. Counties to be districts, until, &c. See amendments, Arts. XIII. and county and Nantucket shall form one district for that purpose,) and shall elect the following number for councillors and senators, viz : And the several counties in this Commonwealth shall, until the general court shall determine it necessary to alter the said districts, be districts for the choice of councillors and senators, (except that the counties of Dukes XXII. Manner and time of choosing sena Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes county and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.] II. The Senate shall be the first branch of the legislators and council- ture; [and the senators shall be chosen in the following lors. See amendments. Arts. II., X., XXIII. and manner, viz.: there shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of each town in the several counties of this Commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose See amendments, of electing persons to be senators and councillors; and at such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold estate, within the Commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an tant" defined. Word "inhabi- inhabitant.] And to remove all doubts concerning the meaning of the word "inhabitant," in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this State, in that town, district or plantation where he dwelleth or hath his home. Selectmen to preside at town meetings. The selectmen of the several towns shall preside at such meetings impartially, and shall receive the votes of all the inhabitants of such towns, present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, who shall make a Return of votes. fair record, in presence of the selectmen, and in open town meeting, of the name of every person voted for, and of the number of votes against his name; and a fair copy of this record shall be attested by the selectmen and the town clerk, and shall be sealed up, directed to the secretary of the Com Art. II. See amendments. monwealth, for the time being, with a superscription expressing the purport of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last Wednesday in May, annually; or it shall be delivered into Amendments, the secretary's office seventeen days at least before the said last Wednesday in May; and the sheriff of each county shall deliver all such certificates, by him received, into the secretary's office, seventeen days before the said last Wednesday in May.] plantations, who may vote. See amendments, And the inhabitants of plantations unincorporated, quali- Inhabitants of fied as this constitution provides, who are or shall be unincorporated empowered and required to assess taxes upon themselves pay State taxes, toward the support of government, shall have the same privilege of voting for councillors and senators, in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings for that pur- Plantation meetpose shall be held, annually, [on the same first Monday in April,] at such place in the plantations, respectively, as the Art. X. assessors thereof shall direct; which assessors shall have Assessors to nolike authority for notifying the electors, collecting and tify, &c. returning the votes, as the selectmen and town clerks have in their several towns, by this constitution. And all other persons living in places unincorporated, (qualified as aforesaid,) who shall be assessed to the support of government, by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators, in the town where they shall be assessed, and be notified of the place of meeting, by the selectmen of the town where they, shall be assessed, for that purpose, accordingly. counell to ex summonses. III. And that there may be a due convention of senators Governor and [on the last Wednesday in May,] annually, the governor, amine and count with five of the council, for the time being, shall, as soon as votes, and resue may be, examine the returned copies of such records; and See amendments, fourteen days before the said day, he shall issue his summons Art. X. to such persons as shall appear to be chosen by a majority of voters, to attend on that day, and take their seats accordingly; [provided, nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the council of the former constitution of government; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid.] final judge of bers. IV. The senate shall be the final judge of the elections, Senate to be returns and qualifications of their own members, as pointed elections, &c., out in the constitution; and shall, on the said [last Wednes- of its own memday in May,] annually, determine and declare who are elected by each district to be senators, [by a majority of votes: and See amendments, in case there shall not appear to be the full number of sena- and XXIV. tors returned, elected by a majority of votes, for any district, the deficiency shall be supplied in the following manner, Arts. X., XIV. 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. Arts. ΧΧΙΙ. V. Provided, nevertheless, that no person shall be capaSee amendments, ble of being elected as 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. Senate not to adjourn more than two days. Shall choose its officers and es VI. The senate shall have power to adjourn themselves; provided such adjournments do not exceed two days at a time. VII. The senate shall choose its own president, appoint tablish its rules. its own officers, and determine its own rules of proceedings. Shall try all impeachments. Oath. Limitation of sentence. Quorum. VIII. The senate shall be a court, with full authority to 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, 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. IX. Not less than sixteen members of the senate shall constitute a quorum for doing business. |