Return of votes. As to cities, see amendments, Art. II. Time changed to first Wednes day of January. ments, Art. X. See amend Inhabitants of Plantation meetings. Time of election changed by amendments, Art. XV. Assessors to notify, etc. Governor and council to examine and count votes, and issue open town meeting, and in presence of the town clerk, who shall make a 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 commonwealth 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 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.] And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon themselves 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 purpose shall be held annually [on the same first Monday in April], at such place in the plantations, respectively, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and 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. III. And that there may be a due convention of senators on the [last Wednesday in May] annually, the governor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such Wednesday in records; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be summonses. Time changed to first January by Art. X. changed to amendments, final judge of members. to first a Wednesday of to amendments, January by Art. X. chosen by [a majority of] voters, to attend on that day, amend and take their seats accordingly: provided, nevertheless, Majority that for the first year the said returned copies shall be plurality by examined by the president and five of the council of the Art. XIV. 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. IV. The senate shall be the final judge of the elec- Senate to be tions, returns and qualifications of their own members, as elections, etc., pointed out in the constitution; and shall, [on the said of its own last Wednesday in May] annually, determine and declare Time changed who are elected by each district to be senators [by majority of votes; and in case there shall not appear be the full number of senators returned elected by a Majority majority of votes for any district, the deficiency shall be plurality by supplied in the following manner, viz.: The members of amendments, 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 Vacancies, how senators sufficient to fill up the vacancies in such district; Changed to and in this manner all such vacancies shall be filled up in people. every district of the commonwealth; and in like manner ments, Art. all vacancies in the senate, arising by death, removal out XXIV. of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.] changed to Art. XIV. filled. election by See amend of a senator. ification abol See amend V. Provided, nevertheless, that no person shall be Qualifications capable of being elected as a senator, [who is not seised Property qualin his own right of a freehold, within this commonwealth, ished. of the value of three hundred pounds at least, or possessed ments, Art. of personal estate to the value of six hundred pounds at For further least, or of both to the amount of the same sum, and] who provision as to residence, see has not been an inhabitant of this commonwealth for the also amendspace of five years immediately preceding his election, and, xxII. at the time of his election, he shall be an inhabitant in the district for which he shall be chosen. ments, Art. adjourn more VI. The senate shall have power to adjourn themselves, Senate not to provided such adjournments do not exceed two days at a than two days. time. shall choose VII. The senate shall choose its own president, ap- its officers and point its own officers, and determine its own rules of establish its proceedings. rules. Senate shall try all Oath. VIII. The senate shall be a court with full authority impeachments. 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. Limitation of sentence. Quorum. See amendments, Arts. XXII. and XXXIII. IX. [Not less than sixteen members of the senate shall constitute a quorum for doing business.] Representation of the people. Representatives, by whom chosen. Superseded by amendments, Arts. XII. and XIII., which were also superseded by amendments, Art. XXI. 7 Mass. 523. Proviso as to towns having less than 150 ratable polls. CHAPTER I. SECTION III. House of Representatives. ARTICLE I. There shall be, in the legislature of this commonwealth, 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 this commonwealth, founded upon the principle of equality, every corporate town containing one hundred and fifty ratable polls may elect one representative; every corporate town containing three hundred and 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 twenty-five ratable polls the mean increasing number for every additional representative. Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative; but no place shall hereafter be incorporated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.] to fine in case, And the house of representatives shall have power from Towns liable time to time to impose fines upon such towns as shall etc. neglect to choose and return members to the same, agreeably to this constitution. travelling to general court, how paid. Annulled by [The expenses of travelling to the general assembly, and Expenses of returning home, once in every session, and no more, shall and from the be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.] Art. XXXV. of a repre as to residence. ments, Art. III. Every member of the house of representatives Qualifications shall be chosen by written votes; [and, for one year at sentative. least next preceding his election, shall have been an inhab- New provision itant of, and have been seised in his own right of a free- See amendhold of the value of one hundred pounds within the town XXI. he shall be chosen to represent, or any ratable estate to ifications abolthe value of two hundred pounds; and he shall cease to amendments, represent the said town immediately on his ceasing to qualified as aforesaid.] Property qual ished by be Art. XIII. of a voter. sions super amendments, IV. [Every male person, being twenty-one years of Qualifications age, and resident in any particular town in this common- These proviwealth for the space of one year next preceding, having a seded by freehold estate within the said town of the annual income Arts. III., XX., of three pounds, or any estate of the value of sixty pounds, XXX, XXXI, shall have a right to vote in the choice of a representative XXXII. and or representatives for the said town.] See also amendments, Art. XXIII., which was annulled by Art. XXVI. XXVIII., XLV. tives, when V. [The members of the house of representatives shall Representabe chosen annually in the month of May, ten days at least chosen. before the last Wednesday of that month.] Time of election changed by amendments, Art. X., and changed again by amendments, Art. XV. can impeach. VI. The house of representatives shall be the grand House alone inquest of this commonwealth; and all impeachments made by them shall be heard and tried by the senate. VII. All money bills shall originate in the house of House to origirepresentatives; but the senate may propose or concur bills. with amendments, as on other bills. nate all money more than two VIII. The house of representatives shall have power Not to adjourn to adjourn themselves; provided such adjournment shall days. not exceed two days at a time. amendments, IX. [Not less than sixty members of the house of Quorum. See representatives shall constitute a quorum for doing busi- Arts. XXI. ness.] and XXXIII. To judge of returns, etc., of its own mem X. The house of representatives shall be the judge of the returns, elections, and qualifications of its own memits officers and bers, as pointed out in the constitution; shall choose their bers; to choose establish its rules, etc. May punish for certain offences. 14 Gray, 226. Privileges of members. Senate. Governor and council may punish. tion. own speaker; appoint their own officers, and settle the rules and 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 any thing 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. And no member of the house of representatives shall be arrested, or held to bail on mesne process, during his going unto, returning from, or his attending the general assembly. XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same General limita- authority to punish in like cases: provided, that no imprisonment 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. 14 Gray, 226. Trial may be by committee, or otherwise. And the senate and house of representatives may try and 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. Governor. His title. CHAPTER II." EXECUTIVE POWER. SECTION I. Governor. ARTICLE I. There shall be a supreme executive magistrate, who shall be styled -THE GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS; and whose title shall be HIS EXCELLENCY. |