mencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January. to go into This article shall go into operation on the first day of Article, when October, next following the day when the same shall be operation. duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force, and go into operation, pursuant to the foregoing provision. All the provisions of the existing constitution, incon- Inconsistent sistent with the provisions herein contained, are hereby provisions wholly annulled. annulled. freedom ART. XI. Instead of the third article of the bill of Religious rights, the following modification and amendment thereof established. is substituted: See Dec. of XLVI. "As the public worship of GOD and instructions in piety, religion, and morality, promote the happiness and ments, Art. prosperity of a people, and the security of a republican government; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society; and all religious sects and denomi- 122 Mass. 40, 41. nations, demeaning themselves peaceably, and as good citizens of the commonwealth, shall be equally under the protection of the law; and no subordination of any one Census of ratable polls to be taken in 1837, and decennially thereafter. This article by amend ments, Art. XIII., which was also sect or denomination to another shall ever be established by law." ART. XII. [In order to provide for a representation of the citizens of this commonwealth, founded upon the principles of equality, a census of the ratable polls, in each was superseded city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the secretary's office, in such manner as the legislature shall prosuperseded by vide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of May, in manner aforesaid; and each town or city having three hundred ratable polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more. amendments, Art. XXI. Representatives, how apportioned. Towns having less than 300 ratable polls, how represented. Fractions, how represented. Towns may unite into representative districts. The governor and council to determine the Any town having less than three hundred ratable polls shall be represented thus: The whole number of ratable polls, at the last preceding decennial census of polls, shall be multiplied by ten, and the product divided by three hundred; and such town may elect one representative as many years within ten years, as three hundred is contained in the product aforesaid. Any city or town having ratable polls enough to elect one or more representatives, with any number of polls beyond the necessary number, may be represented, as to that surplus number, by multiplying such surplus number by ten and dividing the product by four hundred and fifty; and such city or town may elect one additional representative as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid. Any two or more of the several towns and districts may, by consent of a majority of the legal voters present at a legal meeting, in each of said towns and districts, respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district to continue until the next decennial census of polls, for the election of a representative, or representatives; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls. The governor and council shall ascertain and determine, within the months of July and August, in the year of our resentatives to town is en tionment to be Lord one thousand eight hundred and thirty-seven, accord- number of reping to the foregoing principles, the number of representa- which each tives, which each city, town, and representative district titled. is entitled to elect, and the number of years, within the period of ten years then next ensuing, that each city, town, and representative district may elect an additional representative; and where any town has not a sufficient number of polls to elect a representative each year, then, how many years within the ten years, such town may elect a representative; and the same shall be done once in ten New apporyears, thereafter, by the governor and council, and the made once in number of ratable polls in each decennial census of polls, years. shall determine the number of representatives, which each city, town and representative district may elect as aforesaid; and when the number of representatives to be elected by each city, town, or representative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years. every ten provisions All the provisions of the existing constitution incon- Inconsistent sistent with the provisions herein contained, are hereby annulled. wholly annulled.] habitants to be and decenni ART. XIII. [A census of the inhabitants of each city Census of inand town, on the first day of May, shall be taken, and taken in 1840, returned into the secretary's office, on or before the last ally thereafter, day of June, of the year one thousand eight hundred and for basis of forty, and of every tenth year thereafter; which census Provisions as shall determine the apportionment of senators and repre- perseded by sentatives for the term of ten years. 122 Mass. 595. representation. to census su amendments, Arts. XXI. and XXII. Senatorial dis tricts declared permanent. to senators The several senatorial districts now existing shall be permanent. The senate shall consist of forty members; and in the year one thousand eight hundred and forty, Provisions as and every tenth year thereafter, the governor and council superseded by shall assign the number of senators to be chosen in each Art. XXII. district, according to the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district. amendments, sentatives, how Provisions as to The members of the house of representatives shall be House of repreapportioned in the following manner: Every town or city apportioned. containing twelve hundred inhabitants may elect one rep- representatives resentative; and two thousand four hundred inhabitants superseded by shall be the mean increasing number, which shall entitle Art. XXI. it to an additional representative. amendments, Small towns, how represented. Towns may unite into districts. Every town containing less than twelve hundred inhabitants shall be entitled to elect a representative as many times within ten years as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the commonwealth shall be settled. Any two or more of the several towns may, by consent representative of a majority of the legal voters present at a legal meeting, in each of said towns, respectively, called for that purpose, and held before the first day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representative district, to continue for the term of ten years; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants. Basis of representation, and ratio of increase. The governor and council to apportion the number of The number of inhabitants which shall entitle a town to elect one representative, and the mean increasing number which shall entitle a town or city to elect more than one, and also the number by which the population of towns not entitled to a representative every year is to be divided, shall be increased, respectively, by one-tenth of the numbers above mentioned, whenever the population of the commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of onetenth shall be made, respectively, to the said numbers above mentioned. In the year of each decennial census, the governor and council shall, before the first day of September, apportion representatives the number of representatives which each city, town, and of each town once in every ten years. Councillors to be chosen from the people at large. Provisions as to councillors representative district is entitled to elect, and ascertain how many years, within ten years, any town may elect a representative, which is not entitled to elect one every year; and the governor shall cause the same to be published forthwith. Nine councillors shall be annually chosen from among the people at large, on the first Wednesday of January, or as soon thereafter as may be, by the joint ballot of the superseded by senators and representatives, assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a councillor, who amendments, Art. XVI. Qualifications of councillors. has not been an inhabitant of this commonwealth for the term of five years immediately preceding his election; and not more than one councillor shall be chosen from any one senatorial district in the commonwealth.] qualification for eral court or council not Elections by be by plurality No possession of a freehold, or of any other estate, shall Freehold as a be required as a qualification for holding a seat in either a seat in genbranch of the general court, or in the executive council. ART. XIV. In all elections of civil officers by the required. people of this commonwealth, whose election is provided the people to for by the constitution, the person having the highest num- of votes. ber of votes shall be deemed and declared to be elected. ART. XV. The meeting for the choice of governor, Time of annual lieutenant-governor, senators, and representatives, shall ernor and legisbe held on the Tuesday next after the first Monday in lature. November, annually; but in case of a failure to elect representatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November. election of gov lors to be 122 Mass. 595, ART. XVI. Eight councillors shall be annually chosen Eight councilby the inhabitants of this commonwealth, qualified to vote chosen by the for governor. The election of councillors shall be deter- people. mined by the same rule that is required in the election of 598. governor. The legislature, at its first session after this amendment shall have been adopted, and at its first session after the next state census shall have been taken, and at its first session after each decennial state census Legislature to thereafterwards, shall divide the commonwealth into eight district state. districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without dividing any town or ward of a city, and each entitled to elect one councillor: provided, however, that if, at any time, the constitution shall provide for the division of the commonwealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time, established by the legislature. No person shall be eligible to the office of coun- Eligibility cillor who has not been an inhabitant of the commonwealth defined. for the term of five years immediately preceding his election. The day and manner of the election, the return of Day and manthe votes, and the declaration of the said elections, shall e be the same as are required in the election of governor. [Whenever there shall be a failure to elect the full num- Vacancies, how ber of councillors, the vacancies shall be filled in the same For new pro ner of election, etc. filled. |