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House of Representatives, privileges of members,

may require the attendance of secretary of the commonwealth

in person or by deputy,
may require the opinions of the justices of the supreme judi-

cial court upon important questions of law, and upon

solemn occasions,
meeting for election to be held on the Tuesday next after the

first Monday of November,
in case of failure to elect, meeting to be held on the fourth

Monday of November,
to consist of two hundred and forty members, apportioned

to the several counties equally, according to relative

number of legal voters,
commissioners to divide counties into representative districts

of contiguous territory, but no town or ward of a city to

be divided,
no district entitled to elect more than three representatives,
board authorized to divide county into districts, to be certi-

tied to by the secretary, the number of representatives to
which the county is entitled,

44

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Impeachments, by the house of representatives, to be tried by the

senate; limitation of sentence; party convicted liable to
indictment,

15, 16
Incompatible offices,

. 31, 36
“Inhabitant," the word detined,

13
Inhabitants, census to be taken in 1865, and every tenth year there-
after,.

38, 40, 44, 45
Insolvency, commissioners of, elected by the people of the several
counties,

44
Instruction of representatives,

8

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Judges of courts may not hold certain other offices,

. 31, 36
Judges of the supreme judicial court, to hold office during good

behavior, and to have honorable salaries established by
standing laws,

9, 23, 26
to give opinions upon important questions of law, etc., when

required by the governor and council, or either branch of
legislature,

26
not to hold certain other offices,

31
Judicatories and courts, may be established by the general court, 11
may administer oaths or affirmations,

11
Judicial department, not to exercise legislative or executive powers, 9

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Judicial officers, appointed by the governor with consent of coun-

cil; nominations to be made seven days prior to appoint-

ment,
to hold office during good behavior, except when otherwise

provided by the constitution,
may be removed from oflice by the governor, upon the address

of both houses of the legislature,
Jury, trial by, right secured,
Justices of the peace, commissions to expire in seven years from

date of appointment, but may be renewed,

26

7

26

L.

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Law-martial, only those employed in the army and navy, and the

militia in actual service, subject to, except by authority
of the legislature,

9
Laws, every person to have remedy in, for injury to person or prop-
erty,

6
power of suspension or execution of, only in the legislature, 8
ex post facto, prohibited as unjust and inconsistent with free
government,

9
of province, colony and state, not repugnant to the constitu-
tion, continued in force,

32
Legislative power,

9
Legislative department, not to exercise executive or judicial powers, 9
Legislature (see General Court).
Liberty of the press, essential to the security of freedom,

8
Lieutenant-governor, to be annually elected in November, — title of,

His Honor; who shall be qualified in property and resi-
dence same as governor,

23, 37, 41
in the absence of governor, to be president of the council,

24
to be acting governor when the chair of the governor is
vacant,

24
to take oath of office before president of the senate in presence
of both houses,

31
not to hold certain other offices,

31
term of office,

37
Literature and the sciences to be encouraged,

29

M.

5

Magistrates and officers, accountable to the people,
Magistrates and courts, not to demand excessive bail, impose exces-

sive fines, or inflict cruel punishments,
Major-generals, elected by senate and house of representatives by

concurrent vote, .
may appoint their aids,

21
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Marriage, divorce and alimony,

27
Martial law, only those employed in the army and navy, and the

militia in actual service, subject to, except by authority of
legislature,

9
Military power, subordinate to civil authority,

8
Militia, not to be obliged by commander-in-chief to march out of the
limits of the state,

21
captains and subalterns, elected by the train-bands, .

21, 35
all members of companies may vote, including minors,

35
field officers, clected by captains and subalterns, .
brigadiers, elected by field officers,

21
major-generals, elected by senate and house of representatives
by concurrent vote,

21
mode of election of officers to be fixed by standing laws,

21
if electors refuse to elect, governor with advice of council
may appoint officers,

22
officers commissioned to command may be removed as may
be prescribed by law,

22, 35
appointment of staff officers,

22
organization; divisions, brigades, regiments and companies, 22
Money, issued from treasury by warrant of governor, etc.,

22
mentioned in the constitution, to be computed in silver at six
shillings and eightpence per ounce,

32
Money bills, to originate in house of representatives,

17
Moneys, raised or appropriated for public or common schools, not
to be applied for support of sectarian schools, .

43
Moral obligations of lawgivers and magistrates,

8
Moral qualifications for office,

8

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N.

Notaries public, to be appointed by governor with advice of council, 23, 35

may be removed by governor with advice of council, upon
address of both houses,

35

O.

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Oaths and affirmations, may be administered by courts and judica-
tories, .

11
how and by whom taken and subscribed,

29, 30, 31, 35
forms of,

29, 30, 35
Quakers may affirm,

31, 35, 36
to be taken by all civil and military officers,

35
Objects of government,
Offences and crimes, prosecutions for, regulated,
Office of trust, person convicted of bribery, etc., not to hold,

32
Office, rotation in, right secured, .

3, 6

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Office, all persons having the prescribed qualifications equally eli-
gible to,

6
no person eligible to, unless they can read and write,

44
Offices, plurality of, prohibited to governor, lieutenant-governor and
judges,

. 31, 36
incompatible,

31, 32, 36
Officers, civil, legislature may provide for the naming and settling
of,

11
Officers, commission, tenure of office to be expressed in commis-
sions,

26
Oficers, judicial, to hold office during good behavior, except, etc., 26

may be removed by governor, with consent of council, upon
the address of both houses of the legislature,

26
Officers of former government, continued, .

33
Officers of the militia, election and appointment of,

21
removal of,

. 22, 35
Officers and magistrates, accountable to the people,

5
Organization of the militia,

22

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Pardon of offences, governor with advice of council may grant, but
not before conviction,

21
People, to have the sole right to govern themselves as a free, sover-
eign and independent state,

6
have a right to keep and to bear arms for the public defence, 8
have a right to assemble to consult upon the common good,

to instruct their representatives, and to petition legisla-
ture,

8
Person and property, remedy for injuries to, should be in the laws,
Petition, right of,
Plantations, unincorporated, tax-paying inhabitants may vote for
councillors and senators,

14
Plurality of offices,

31
of votes, election of civil officers by,

41
Political year, begins on the first Wednesday of January,

37
Polls, ratable, census of,

38
Preamble to constitution,

3
Press, liberty of, essential to the security of freedom,

8
Private property taken for public uses, compensation to be made for, 6
Probate courts, provisions for holding,

26
registers, elected by the people of the several counties, . 21, 44
judges may not hold certain other offices,

36
Property qualification, may be increased by the legislature,

32
partially abolished,

41
Prosecutions for crimes and offences regulated, .

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Provincial laws, not repugnant to the constitution, continued in

force, .
Public boards and certain officers to make quarterly reports to the

governor,
Public otlicers, right of people to secure rotation,

all persons having the prescribed qualitications equally eli-

gible,
Public notary (see Notary public).
Public religious worship, right and duty of,
Punishments, cruel and unusual, not to be inflicted,

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Q.

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18, 43

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Quakers, may make affirmation,

. 31, 35
Qualification of persons to be elected to office may be increased by
the legislature,

32
Qualification, property, of governor and lieutenant-governor, 18, 23
Qualification, property, partially abolished,

41
Qualifications of a voter,

13, 17, 34, 44, 46, 47, 48
of governor,
of lieutenant-governor,

. 23, 43
of councillors,

. 41, 43
of senators,

15, 40, 46
of representatives,

16, 41, 45
of secretary, treasurer, auditor, and attorney-general,
Qualifications, moral, of officers and magistrates,

8
Quartermasters, appointed by commanding officers of regiments, 22
Quorum, of council,

19, 24, 42
of senate,

16, 46, 48
of house of representatives

17, 45, 48

43

R.

Ratable polls, census of,

38
Reading and writing, knowledge of, necessary qualifications for
voting or holding office,

44
Records of the commonwealth to be kept in the office of the secre-
tary,

26
Register of the council, resolutions and advice to be recorded in, and
signed by members present,

25
Registers of probate, chosen by the people of the several counties, . 21, 44
Religious denominations, equal protection secured to all, .
Religious sect or denomination, no subordination of one to another
to be established by law,

5, 38
Religious societies, may elect their own pastors or religious teachers, 5, 38
membership of, defined,

38

5, 38

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