the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth. And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law. etc. III. The general court shall forever have full power General court and authority to erect and constitute judicatories and may constitute judicatories. courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearing, trying, and deter- 8 Gray, 1. 12 Gray, 147, mining of all manner of crimes, offences, pleas, processes, 154. plaints, actions, matters, causes, and things, whatsoever, arising or happening within the commonwealth, or between or concerning persons inhabiting, or residing, or brought within the same: whether the same be criminal or civil, or whether the said crimes be capital or not capital, and whether the said pleas be real, personal, or mixed; and for the awarding and making out of execution thereupon. To which courts and judicatories are hereby given and Courts, etc.. granted full power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them. may administer may 4 Allen, 473. 237. 557. 470. laws, etc., not repugnant to the constitution. IV. And further, full power and authority are hereby General court given and granted to the said general court, from time to tey enact laws, time to make, ordain, and establish, all manner of whole- 9 Gray, 426. some and reasonable orders, laws, statutes, and ordinances, 12 Allen, 223, directions and instructions, either with penalties or with- 100 Mass. 544, out; so as the same be not repugnant or contrary to this 116 Mass. 467, constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government, may enact and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government & Allen, 358. thereof; and to name and settle annually, or provide by may provide fixed laws for the naming and settling, all civil officers or appointment within the said commonwealth, the election and consti- 115 Mass. 602. tution of whom are not hereafter in this form of government otherwise provided for; and to set forth the several their duties. duties, 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 execution of their several offices and places, so as the same be not repugnant or contrary to for the election of officers. may prescribe may impose this constitution; and to impose and 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, 300, 312, 313, 500, goods, 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 consent of the council, for the public service, in the necessary defence and sup- port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, And while the public charges of government, or any defence, pro. part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken ARTICLE I. [There shall be annually elected, by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors 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 pro- portion of the public taxes paid by the said districts; and For provision as timely make known to the inhabitants of the common- to councillors, see amend. ments, Art. teen; and that no district be so large as to entitle the same to choose more than six senators. districts, until, And the several counties in this commonwealth shall, Counties to be until the general court shall determine it necessary to etc. alter the said districts, be districts for the choice of councillors 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 councillors and senators, viz. :- Suffolk, six; Essex, six; Middlesex, five; Hampshire, four; Plymouth, three; Barnstable, one; Bristol, three; York, two; Dukes County and Nantucket, one; Worcester, five; Cumberland, one; Lincoln, one; Berkshire, two.] time of choosing amendments, XV. As amendments, Art. II. constr qualifications of seded by amend ments, Arts. III., XX., II. The senate shall be the first branch of the legisla- Manner and ture; and the senators shall be chosen in the following man- senators and ner, viz. there shall be a meeting on the [first Monday in councillors. See April,] annually, forever, of the inhabitants of each town Arts. X. and in the several counties of this commonwealth; to be called to cities, see 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 coun- voters, supercillors; [and at such meetings every male inhabitant of twenty-one years of age and upwards, having a freehold XXVIII.XXX., estate within the commonwealth, of the annual income of XXXII. three pounds, or any estate of the value of sixty pounds, tant" defined. shall have a right to give in his vote for the senators for See also amend the district of which he is an inhabitant.] And to remove XXIII., which all doubts concerning the meaning of the word "inhabit- Art. XXVI. ant" in this constitution, every person shall be considered 122 Mass. 595, 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. XXXI. and Word" inhabi ments, Art. was annulled by 12 Gray, 21. 597. preside at town The selectmen of the several towns shall preside at Selectmen to such meetings impartially; and shall receive the votes meetings. of all the 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, Return of votes. 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 As to cities, see the selectmen and the town clerk, and shall be sealed up, Art. II. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport amendments, Time changed day of January. to first Wednes. See amend ments, Art. X. Inhabitants of unincorporated plantations, who pay state Plantation Time of elec- 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 taxes, may vote. 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. Governor and council to ex votes, and issue summonses. Time changed by amendments, Art. X. III. And that there may be a due convention of senaamine and count tors on the [last Wednesday in May] annually, the governor with five of the council, for the time being, shall, to first Wednes. as soon as may be, examine the returned copies of such day in January records; and fourteen 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. Majority changed to plurality by amendments, Art. XIV. Senate to be final judge of IV. The senate shall be the final judge of the elecelections, etc., tions, returns and qualifications of their own members, as of its own mem bers. to first Wednes by amendments, Majority amendments, pointed out in the constitution; and shall, [on the said Time changed last Wednesday in May] annually, determine and declare day of January who are elected by each district to be senators [by a Art. X. majority of votes; and in case there shall not appear to changed to be the full number of senators returned elected by a plurality by majority of votes for any district, the deficiency shall be Art. XIV. supplied in the following manner, viz.: The 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 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.] filled. election by See amend a senator. ments, Art. V. Provided, nevertheless, that no person shall be Qualifications of capable of being elected as a senator, [who is not seised Property quali in his own right of a freehold, within this commonwealth, fication abo of the value of three hundred pounds at least, or possessed See amendof personal estate to the value of six hundred pounds at XIII least, or of both to the amount of the same sum, and] who vision as to has not been an inhabitant of this commonwealth for the since, space of five years immediately preceding his election, and, ments, Art. 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, provided such adjournments do not exceed two days at a time. pro For further pro residence, see Senate not to adjourn more than two days. its officers and establish its rules. impeachments. VII. The senate shall choose its own president, appoint, shall choose its own officers, and determine its own rules of ceedings. VIII. The senate shall be a court with full authority shall try all 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 Oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place sentence. |