PART II.

THE FRAME OF GOVERNMENT.

THE people, inhabiting the territory, formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a Free, Sovereign, and Independent Body Politic, or State, by the name of the COMMONWEALTH OF MASSACHUSETTS.

CHAPTER I.

THE LEGISLATIVĘ POWER.

SECTION I.

THE GENERAL COURT.

ARTICLE I.

THE department of Legislation shall be formed by two branches, a Senate and House of Representatives; each of which shall have a negative on the other.

The legislative body shall assemble every year, on the last Wednesday in May, and at such other times, as they shall judge necessary; and shall dissolve and be dissolved, on the day next preceding the said last Wednesday in May; and shall be styled, The General Court of Massachusetts.

II.

No bill or resolve, of the Senate, or House of Representatives, shall become a law, and have force as such, until it shall have been laid before the Governor, for his revisal;

and if he, upon such revision, approve thereof, he shall signify his approbation, by signing the same. But if he have any 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 proceed to reconsider the said bill or resolve. But if after such reconsideration, two thirds of the said Senate or House of Representatives shall, notwithstanding the said objections, 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.]-See Article I. of Amendment.

III.

The General Court shall forever have full power and authority to erect and constitute judicatories, and courts of record, or other courts, to be held in the name of the Commonwealth, 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, personal, or mixt; and for the awarding and making out of execution thereupon: to which courts and judicatories are 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

PART II.

THE FRAME OF GOVERNMENT.

THE people, inhabiting the territory, formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a Free, Sovereign, and Independent Body Politic, or State, by the name of the COMMONWEALTH OF MASSACHUSETTS.

CHAPTER I.

THE LEGISLATIVE POWER.

SECTION I.

THE GENERAL COURT.

ARTICLE I.

THE department of Legislation shall be formed by two branches, a Senate and House of Representatives; each of which shall have a negative on the other.

The legislative body shall assemble every year, on the last Wednesday in May, and at such other times, as they shall judge necessary; and shall dissolve and be dissolved, on the day next preceding the said last Wednesday in May; and shall be styled, The General Court of Massachusetts.

II.

No bill or resolve, of the Senate, or House of Representatives, shall become a law, and have force as such, until it shall have been laid before the Governor, for his revisal;

and if he, upon such revision, approve thereof, he shall signify his approbation, by signing the same. But if he have any 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 proceed to reconsider the said bill or resolve. But if after such reconsideration, two thirds of the said Senate or House of Representatives shall, notwithstanding the said objections, 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.]-See Article I. of Amendment.

III.

The General Court shall forever have full power and authority to erect and constitute judicatories, and courts of record, or other courts, to be held in the name of the Commonwealth, 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, personal, or mixt; and for the awarding and making out of execution thereupon: to which courts and judicatories are 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 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 and settle annually, or provide, by fixed laws, for the naming and settling all civil officers, within the said Commonwealth, the election and constitution of whom are not hereafter, in this form of government, otherwise provided for; and to set 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 proportional 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, reasonable duties and excises, upon any produce, goods, wares, merchandize, and commodities whatsoever, brought into, produced, manufactured, or being within the same; to be issued and disposed of by warrant, under the hand of the 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.

And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practiced; in order that such assessments 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.