CHAPTER I.

SECTION III.

House of Representatives.

.

fine in case, &c.

ART. I. There shall be, in the legislature of this Com- Representation of

the people. monwealth, a representation of the people, annually elected, and founded upon the principle of equality.

[II. And in order to provide for a representation of the citizens of Representatives, this Commonwealth, founded upon the principle of equality, every corporate town, containing one hundred and fifty ratable polls, may elect See amendments, one representative; every corporate town, containing three hundred and Arts, XII., XIII. seventy-five ratable polls, may elect two representatives; every corporate town, containing six hundred ratable polls, may elect three representatives; 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 tom nebba virs place shall hereafter be incorporated with the privilege of electing a ratable polls. representative, unless there are within the same one hundred and fifty ratable polls.]

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 Expense of travreturning home, once in every session, and no more, shall from the general be paid by the government, out of the public treasury, to court, bow paid. every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.

III. Every member of the house of representatives shall Qualifications of be chosen by written votes; [and, for one year at least next See amendments, preceding his election, shall have been an inhabitant of,

Arts. XIII., XIV.

and have been seized in his own right of a freehold of the value 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.]

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

a representative.

and XXI.

& voter.

bills.

Art. XXI.

certain offences.

Representatives, [V. The members of the house of representatives shall be chosen when chosen.

annually in the month of May, ten days at least before the last Wednesday See amendments, Arts. X. and XV. of that month.] House alone can VI. The house of representatives shall be the grand impeach.

inquest of this Commonwealth ; and all impeachments made

by them shall be heard and tried by the senate. House to origi- VII. All money bills shall originate in the house of date all money

representatives; but the senate may propose or concur with

amendments, as on other bills. Not to adjourn 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. [IX. Not less than sixty members of the house of representatives shall See amendments, constitute a quorum for doing business.] House to judge

X.

The house of representatives shall be the judge of , &c. of its own'mem- the returns, elections and qualifications of its own members, its officers and es. as pointed out in the constitution; shall choose their own tablish its rules, speaker, appoint their own officers, and settle the rules and May punish for 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

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 Governor and cases; and the governor and council shall have the same punish. 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. Trial may be by And the senate and house of representatives may try and committee

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.

members.

Senate.

council may

tion.

or

CHAPTER II.

EXECUTIVE POWER.

SECTION I.

Art. VII.

if he have a m&

. and XV.

Governor.
ART. I. There shall be a supreme executive magistrate, Governor.
who shall be styled—THE GOVERNOR OF THE COMMONWEALTH
OP MASSACHUSETTS; and whose title shall be-His Excel- His title.
LENCY.

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 See amendments, Christian religion.]

[III. Those persons who shall be qualified to vote for senators and By whom chosen, representatives, within the several towns of this Commonwealth, shall, at

jority of votes. a meeting to be called for that purpose, on the first Monday of April, annually, give in their votes for a governor, to the selectmen, who shall See amendments, preside at such meetings; and the town clerk, in the presence and with Arts. II., X., the assistance of the selectmen, shall, in open town meeting, sort and 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, have a majority of votes, the house of representatives shall, by ballot, elect when no pertwo out of four persons, who had the highest number of votes, if so many jority. 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.]

IV. The governor shall have authority, from time to Power of govtime, at his discretion, to assemble and call together the crnor, and of 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

prorogue the gen.

, vene the same.

Art. X.

Art. X.

Governor

and
ad-

council, for the ordering and directing the affairs of the Commonwealth, agreeably to the constitution and the laws

of the land. May adjourn or

V. The governor, with advice of council, shall have full eral court upon power and authority, during the session of the general court,

to adjourn or prorogue the same at any time the two houses See amendments,

shall desire; (and to dissolve the same on the day next preceding 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 amendments, [And the governor shall dissolve the

said general court on the day next preceding the last Wednesday in May.]

VI. In cases of disagreement between the two houses, journ the general with regard to the necessity, expediency or time of adjourne os notices: ment or prorogation, the governor, with advice of the counninety cil, 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 chief.

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 encouuter, 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

&c., ex

days.

Governor to be commander-in

and par

occasion shall necessarily require ; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition and other goods, as shall, in a hostile manner, invade or attempt the invading, conquering or annoying this Commonwealth ; and that the governor be intrusted with all these and other powers incident to the offices of captain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise.

Provided, that the said governor shall not, at any time Limitation. hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this Commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the State to which they cannot otherwise conveniently have access.

VIII. The power of pardoning offences, except such as Governor persons may be convicted of before the senate, by an impeach- don offences, exment of the house, shall be in the governor, by and with the cept, &c. advice of council ; but no charter or pardon, granted by the But not before governor, with advice of the council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

IX. All judicial officers, [the attorney-general, the solici- Alt judicial offtor-general, all sheriffs,] coroners (and registers of probate,] nominated and shall be nominated and appointed by the governor, with the advice and consent of the council; and every such Art XIX., XVII. nomination shall be made by the governor, and made at least seven days prior to such appointment.

X. The captains and subalterns of the militia shall be Militia officers, elected by the written votes of the train-band and alarm list of their respective companies, [of twenty-one years of age See amendments and upwards ;] the field officers of regiments shall be elected Art. V. by the written votes of the captains and subalterns of their respective regiments; the brigadiers shall be elected, in like manner, by the field officers of their respective brigades ; and such officers, so elected, shall be commissioned by the How commisgovernor, who shall determine their rank.

The legislature shall, by, standing laws, direct the time Elections of and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected.

conviction.

cers, ., how

by and

appointed
See amendments,

and

how elected.