Meetings for the choice of judge necessary, or when called together by the governor. The gov ernor, lieutenant-governor and councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead. The meeting for the choice of governor, lieutenant-governor, senators and representatives shall be held on the second Monday of November governor, lieutenant-govern- in every year; but meetings may be adjourned if necessary, for the or, &c., when to choice of representatives, to the next day, and again to the next succeeding day, but no further. But in case a second meeting shall be necessary for the choice of representatives, such meetings shall be held ments, Art. XV. on the fourth Monday of the same month of November. be held. May be ad journed. See amend Article, when to tion. All the other provisions of the constitution respecting the elections and proceedings of the members of the general court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the commencement of the political year, shall be so far altered as to have like reference to the first Wednesday of January. This article shall go into operation on the first day of October next go into opera- following the day when the same shall be 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 represen tatives 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 pro Inconsistent vision. All the provisions of the existing constitution inconsistent with the provisions an- provisions herein contained are hereby wholly annulled. nulled. Religious freedom estab lished. See Dec. of ART. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted: "As the public worship of GoD and instructions in piety, religion and morality, promote the happiness and 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 denominations, 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 sect or denomination to another shall ever be established by law." ART. XII. In order to provide for a representation of the citizens of ble polls to be this commonwealth, founded upon the principles of equality a census of and decennially the ratable polls, in each 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 provide, within the month of May, in the year of our Lord one thousand eight hundred and thirtyseven, 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 representa Census of rata taken in 1837, thereafter. See amend ments, Art. XIII. and XXI. Representa tives, how apportioned. tive, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more. less than 300 Any town having less than three hundred ratable polls shall be rep- Towns having resented thus: The whole number of ratable polls, at the last preceding ratable polls, decennial census of polls, shall be multiplied by ten, and the product how representdivided by three hundred, and such town may elect one representative ed. 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 Fractions, how 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. sentative dis Any two or more of the several towns and districts may, by consent Towns may of a majority of the legal voters present at a legal meeting, in each of unito into repsaid towns and districts respectively called for that purpose, and held tricts. 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. and council to resentatives to The governor and council shall ascertain and determine within the The governor months of July and August, in the year of our Lord one thousand eight determine the hundred and thirty-seven, according to the foregoing principles, the number of repnumber of representatives, which each city, town and representative dis- which each trict is entitled to elect, and the number of years within the period of town is entitled. 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 years thereafter by the governor and council, and the number of ratable polls in each decennial census of polls, 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. New apportionment to be made ten years. once in every All the provisions of the existing constitution inconsistent with the Inconsistent provisions herein contained, are hereby wholly annulled. provisions annulled. habitants to be thereafter, for -senators representatives tricts declared ART. XIII. A census of the inhabitants of each city and town, on Census of inthe first day of May, shall be taken, and returned into the secretary's taken in 1840, office, on or before the last day of June, of the year one thousand eight and decennially hundred and forty, and of every tenth year thereafter, which census basis of appor shall determine the apportionment of senators and representatives for tionment of the term of ten years. The several senatorial districts now existing, shall be permanent. Senatorial disThe senate shall consist of forty members; and in the year one thousand permanent. eight hundred and forty, and every tenth year thereafter, the governor See amendand council shall assign the number of senators to be chosen in each 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. The members of the house of representatives shall be apportioned in House of repre the following manner: Every town or city containing twelve hundred sentatives, how inhabitants, may elect one representative; and two thousand four hun- See amend ments, Art. apportioned. ments, Art. XXI. Small towns, ed. dred inhabitants shall be the mean increasing number which shall entitle it to an additional representative. Every town containing less than twelve hundred inhabitants, shall be how represent- 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. Towns may sentative dis tricts. Any two or more of the several towns may, by consent of a majority unite into repre- 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 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 of each decennial year the census, and council shall, governor and council to before the first day of September, apportion the number of representanumber of rep- tives which each city, town, and 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. The governor apportion the resentatives of each town once in every ten years. Councillors to the people at large. See amendments, Art. XVI. Nine councillors shall be annually chosen from among the people at be chosen from large, on the first Wednesday of January, or as soon thereafter as may be, by the joint ballot of the 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 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. Qualifications of councillors. Freehold as a qualification for a seat in general court or council not required. Elections by the people to be by plurality of votes. Time of annual ernor and legislature. Eight council No possession of a freehold or of any other estate shall be required as a qualification for holding a seat in either branch of the general court, or in the executive council. ART. XIV. In all elections of civil officers by the people of this commonwealth, whose election is provided for by the constitution, the person having the highest number of votes shall be deemed and declared to be elected. ART. XV. The meeting for the choice of governor, lieutenant-govelection of governor, senators and representatives, shall be held on the Tuesday next after the first Monday in 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. ART. XVI. Eight councillors shall be annually chosen by the inhablors to be cho- itants of this commonwealth, qualified to vote for governor. The election of councillors shall be determined by the same rule that is required in the election of 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 thereafterwards, shall divide the common sen by the people. &c. filled. ment. wealth into eight 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 Legislature to shall consist of five contiguous senatorial districts, as they shall be, from district state. time to time, established by the legislature. No person shall be eligible to the office of councillor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his election. The day and manner of the election, the return of the votes, and Day and manthe declaration of the said elections, shall be the same as are required in ner of election, the election of governor. Whenever there shall be a failure to elect the full number of councillors, the vacancies shall be filled in the same man- Vacancies, how ner as is required for filling vacancies in the senate; and vacancies occasioned by death, removal from the state, or otherwise, shall be filled in like manner, as soon as may be after such vacancies shall have happened. And that there may be no delay in the organization of the government Organization of on the first Wednesday of January, the governor, with at least five the governcouncillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenantgovernor, and councillors; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined; and in case of the election of either of said officers, the choice shall be by them declared and published; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the manner provided in the constitution for the choice of such officers. ART. XVII. The secretary, treasurer and receiver-general, auditor, Election of secand attorney-general, shall be chosen annually, on the day in November retary, treasprescribed for the choice of governor; and each person then chosen as and attorneygeneral by the such, duly qualified in other respects, shall hold his office for the term people. of one year from the third Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect either of said officers on the Vacancies, how day in November aforesaid, or in case of the decease in the mean time of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives in one room; and in case the office of secretary, or treasurer and receivergeneral, or auditor, or attorney-general, shall become vacant from any cause during an annual or special session of the general court, such vacancy shall in like manner be filled by choice from the people at large; but if such vacancy shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and consent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of To qualify the offices aforesaid, shall neglect, for the space of ten days after he within 10 days, could otherwise enter upon his duties, to qualify himself in all respects to be deemed to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be Qualifications eligible to either of said offices unless he shall have been an inhabitant of requisite. this commonwealth five years next preceding his election or appointment. urer, auditor filled. otherwise office vacant. School moneys not to be applied for sectarian schools. Legislature to prescribe for the election of sheriffs, regis ART. XVIII. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the state for the support of common schools, shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect for the maintenance exclusively of its own school. ART. XIX. The legislature shall prescribe, by general law, for the election of sheriffs, registers of probate, commissioners of insolvency, and clerks of the courts, by the people of the several counties, and that ters of probate, district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe. 8 Gray, 1. Reading consti tution in Eng lish and writ ing, necessary qualifications of Census of legal habitants, when House of representatives to consist of 240 members. Legislature to apportion, &c. Qualifications ART. XX. No person shall have the right to vote, or be eligible to office under the constitution of this commonwealth, who shall not be able to read the constitution in the English language, and write his name: provided, however, that the provisions of this amendment shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect. ART. XXI. A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of representatives for the periods between the taking of the census. The house of representatives shall consist of two hundred and forty members, which shall be apportioned, by the legislature, at its first session after the return of each enumeration as aforesaid, to the several counties of the commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth; and it shall be the duty of the secretary of the commonwealth, to certify, as soon as may be after it is determined by the legislature, the number of representatives to which each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law,-shall, on the first Tuesday of August next after each assignment of representatives to each county, assemble at a shire town of their respective counties, and proceed, as soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. Every representative, for one year at least |