may provide for

officers;

duties;

jects of the same, and for the necessary support and defence of the government thereof; and to name and settle annually, the election or or provide by fixed laws for the naming and settling, all civil appointment of 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, prescribe their 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 execu tion of their several offices and places, so as the same be not repugnant or contrary to this constitution; and to impose and impose taxes; 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, cises; wares, merchandise, 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 to be disposed of consent of the Council, for the public service, in the necessary tection, &c. 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.

duties and ex

for defence, pro

tates once in ten

AND while the public charges of government, or any part. Valuation of esthereof, shall be assessed on polls and estates, in the manner years, at least, that has hitherto been practised, in order that such assessments while, &c. 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.

CHAPTER I.

SECTION II.

Senate.

ART. I. THERE shall be annually elected, by the freeholders Senate, number and other inhabitants of this commonwealth, qualified as in elected. of, and by whom this constitution is provided, forty persons to be counsellors

Counties to be districts until,

&c.

and senators, for the year ensuing their election; to be chosen by the inhabitants of the districts, into which the commonwealth may from time to time be divided by the General Court for that purpose: and the General Court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the commonwealth the limits of each district, and the number of counsellors and senators to be chosen therein; provided, that the number of such districts shall never be less than thirteen; and that no district be so large as to entitle the same to choose more than six senators.

AND the several counties in this commonwealth shall, until the General Court shall determine it necessary to alter the said districts, be districts for the choice of counsellors and senators, (except that the counties of Dukes county and Nantucket shall form one district for that purpose,) and shall elect the following number for counsellors and senators, viz. :

six. Dukes county and

five. Nantucket

four. Worcester

three.

Cumberland

one. Lincoln

three. Berkshire.

. two.

one.

five.

one.

one.

.two.

Manner and time of choosing sen

sellors.

See amendments, Art. II. and X.

See amend

II. THE Senate shall be the first branch of the legislature; ators and coun- and the senators shall be chosen in the following manner, viz. : there shall be a meeting on the first Monday in April annually, forever, of the inhabitants of each town in the several counties of this commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and counsellors; and at such meetings every male ments, Art. III. inhabitant of twenty-one years of age and upwards, having a freehold estate, within the commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant," in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office, or place within this state, in that town, district, or plantation, where he dwelleth, or hath his home.

Word "inhabitant" defined.

meetings.

THE selectmen of the several towns shall preside at such Selectmen to meetings impartially, and shall receive the votes of all the preside at town inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in 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, Return of votes. 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, See amendthirty days at least before the last Wednesday in May annu- and X. ally; 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.

ments, Art. II.

unincorporated

who pay state

Plantation

AND the inhabitants of plantations unincorporated, qualified Inhabitants of as this constitution provides, who are or shall be empowered plantatious, and required to assess taxes upon themselves toward the sup- taxes, may vote. port of government, shall have the same privilege of voting for counsellors 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 meetings. on the same first Monday in April, at such place in the planta- See amendtions respectively as the assessors thereof shall direct; which ments, Art. X. assessors shall have like authority for notifying the electors, Assessors to collecting and returning the votes, as the selectmen and town notify, &c. 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 counsellors 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.

Council to exam

III. AND that there may be a due convention of senators Governor and on the last Wednesday in May annually, the governor, with ine and count five of the Council, for the time being, shall, as soon as may summonses. be, examine the returned copies of such records; and fourteen

3

votes, and issue

See amendments, Art. X.

Senate to be final judge of elections, &c., of their own members.

See amendments, Art. X.

filled.

days before the said day, he shall issue his summons to such persons as shall appear to be chosen by a majority of voters, to attend on that day, and take their seats accordingly: provided, nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the Council of the 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 elections, returns, and qualifications of their own members, as pointed out in the constitution; and shall, on the said last Wednesday in May annually, determine and declare who are elected by each district to be senators, by a majority of votes: and in case there shall not appear to be the full number of senators returned, elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz.: The Vacancies, how members of 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 à number of senators sufficient to fill up the vacancies in such district; and in this manner all such vacancies shall be filled up in every district of the commonwealth; and in like manner all vacancies in the Senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies shall happen.

Qualifications of a senator.

Senate not to

V. PROVIDED, nevertheless, that no person shall be capable of being elected as a senator, who is not seized in his own right of a freehold, within this commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum, and who has not been an inhabitant of this commonwealth for the space of five years immediately preceding his election, and, at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

VI. THE Senate shall have power to adjourn themselves, than two days. provided such adjournments do not exceed two days at a time.

adjourn more

VII. THE Senate shall choose its own president, appoint its Shall choose its own officers, and determine its own rules of proceeding.

officers, and establish its rules.

VIII. THE Senate shall be a court, with full authority, to Shall try all impeachments. 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: Oath. 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: Limitation of but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

sentence.

IX. NOT less than sixteen members of the Senate shall Quorum.

constitute a quorum for doing business.

CHAPTER I.

SECTION III.

House of Representatives.

of the people.

ART. I. THERE shall be, in the legislature of this common- Representation wealth, 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 Representatives, citizens of this commonwealth, founded upon the principle of by whom chosen 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.