Proviso as to towns having less than 150 ratable polls. Towns liable to fine in case, &c. Expense of travelling to and 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. AND the House of Representatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution. THE expenses of travelling to the general assembly, and from the General returning home, once in every session, and no more, shall be Court, how paid. 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. Qualifications of a representative. Qualifications of a voter. See amend ments, Art. III. Representatives, when chosen. III. EVERY member of the House of Representatives shall be chosen by written votes; and, for one year at least next preceding his election, shall have been an inhabitant of, and have been seized in his own right of, a freehold of the value of one hundred pounds, within the town he shall be chosen to represent, or any ratable estate to the value of two hundred pounds; and he shall cease to represent the said town, immediately on his ceasing to be qualified as aforesaid. IV. EVERY male person, being twenty-one years of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold estate, within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative or representatives for the said town. V. THE members of the House of Representatives shall be See amendment, chosen annually in the month of May, ten days at least before the last Wednesday of that month. Art. X. House alone can impeach. nate all money VI. THE House of Representatives shall be the grand inquest of this commonwealth; and all impeachments made by them shall be heard and tried by the Senate. House to origi- VII. ALL money bills shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. bills. more than two VIII. THE House of Representatives shall have power to Not to adjourn adjourn themselves, provided such adjournment shall not days. exceed two days at a time. IX. NOT less than sixty members of the House of Repre- Quorum. sentatives shall constitute a quorum for doing business. of returns, &c. of To choose its of X. THE House of Representatives shall be judge of the House to judge returns, elections, and qualifications of its own members, as its own members; pointed out in the constitution; shall choose their own speaker, ficers and estabappoint their own officers, and settle the rules and orders of lish its rules, &c May punish for proceeding in their own house. They shall have authority to certain offences. punish by imprisoninent every person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavio in its presence; or who, in the town where the General ourt 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. members. AND no member of the House of Representatives shall be Privileges of arrested, or held to bail on mean process, during his going unco, returning from, or his attending; the general assembly. council may XI. THE Senate shall have the same powers in the like Governor and cases; and the governor and Council shall have the same punish. authority to punish in like cases: provided, that no imprisononment, on the warrant or order of the governor, Council, General limitaSenate, or House of Representatives, for either of the above tion. described offences, be for a term exceeding thirty days. committee, or AND the Senate and House of Representatives may try, and Trial may be by determine, all cases where their rights and privileges are con- otherwise. cerned, and which, by the constitution, they have authority to try and determine, by committees of their own memers, or in such other way as they may respectively think best. CHAPTER II. Governor To be chosen annually. Qualifications. EXECUTIVE POWER. SECTION I. Governor. ART. 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. II. THE governor shall be chosen annually; and no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this commonwealth for seven years next preceding; and unless he shall, at the same time, be seized, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds; and ments, Art. VII. unless he shall declare himself to be of the Christian religion. See amend III. THOSE persons who shall be qualified to vote for senators and representatives, within the several towns of this commonwealth, shall, at a meeting to be called for that purpose, on the first Monday of April annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings; and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name; and shall make a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the last Wednesday in May; and the sheriff shall transmit the same to the secretary's office seventeen days at least before the said last Wednesday in May; or the selectmen may cause returns of the same to be made to the office of the secretary of the commonwealth seventeen days at least before the said day and the secretary shall lay the same before the Senate and the House of Representatives, on the last Wednesday in May, to be by them examined; and in case of an election by a : when no person majority of all the votes returned, the choice shall be by them declared and published; but if no person shall have a majority How chosen, of votes, the House of Representatives shall, by ballot, elect has a majority. two out of four persons, who had the highest number of votes, if so many shall have been voted for; but, if otherwise, out of the number voted for; and make return to the Senate of the two persons so elected; on which the Senate shall proceed, by ballot, to elect one, who shall be declared governor. or,and of govern IV. THE governor shall have authority, from time to time, Power of governat his discretion, to assemble and call together the counsellors or and Council. of this commonwealth for the time being; and the governor, with the said counsellors, or five of them at least, shall, and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the commonwealth, agreeably to the constitution and the laws of the land.. See amend V. THE governor, with advice of Council, shall have full Same subject. power and authority, during the session of the General Court, to adjourn or prorogue the same to any time the two houses shall desire; and to dissolve the same on the day next preceding the last Wednesday in May; and, in the recess of the said court, to prorogue the same from time to time, not exceeding ments, Art. X. ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same; and in case of any infectious distemper prevailing in the place where the said court is next at any time to convene, or any other cause happening, whereby danger may arise to the health or lives of the members from their attendance, he may direct the session to be held at some other the most convenient place within the state. ments, Art. X. AND the governor shall dissolve the said General Court on See amendthe day next preceding the last Wednesday in May. &c., but not ex VI. IN cases of disagreement between the two houses, with Governor and Council may adregard to the necessity, expediency, or time of adjournment, or journ General prorogation, the governor, with advice of the Council, shall Court in cases, have a right to adjourn or prorogue the General Court, not ceeding 90 days exceeding ninety days, as he shall determine the public good shall require. Governor to be chief. VII. THE governor of this commonwealth, for the time commander-in Limitation. Governor and cept, &c. being, shall be the commander-in-chief of the army and navy, and of all the military forces of the state, by sea and land; and shall have full power, by himself, or by any commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and, for the special defence and safety of the commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sca as by land, within or without the limits of this commonwealth, and also to kill, slay, and destroy, if necessary, and conquer, by all fitting ways, enterprises, and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exercise, over the army and navy, and over the militia in actual service, the law martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as occasion shall necessarily require; and to take and surprise, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be intrusted with all these and other powers, incident to the offices of captain general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise. PROVIDED, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this comnionwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the General Court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise conveniently have access. VIII. THE power of pardoning offences, except such as don offences, ex-persons may be convicted of before the Senate, by an impeachment of the House, shall be in the governor, by and But not before with the advice of Council; but no charter of pardon, granted conviction. by the governor, with advice of the Council, before conviction, |