Ma. Const. art. I, § 2 — Article I / Section 2
MA Const., Article I, Section 2
Status: in_force

Duty of legislators and magistrates in all future periods. Chapter VI. Art. Oaths, &e. Plurality of offices prohibited to governor, &e., except, &e.—Incompatible offices—Bribery, &e., operate disqualifications. Value of money assertained.—Property qualifications may be increased. Provisions respecting commissions. Provisions respecting writs. Continuation of former laws, except, &e. Benefit of habeas corpus secured, except, &e. The enacting style. Officers of former government continued until, &e. Provision for revising constitution. Provision for preserving and publishing this constitution. Amendments. Art. Bill, &e., not approved within five days, not to become a law, if legislature adjourn in the mean time. General Court empowered to charter cities.—Proviso. Qualifications of voters for governor, lieutenant governor, senators, and representatives. Notaries public, how appointed and removed.—Vacancies in the office and secretary and treasurer, how filled, in one, &e.—Commissary general may be appointed, in case, &e.—Militia officers, how removed. Who may vote for captains and subalterns. Oath to be taken by all officer; or affirmation, in case, &e. Tests abolished. Incompatibility of office. Amendments to constitution, how made. Commencement of political year, and termination.—Meetings for choice of governor, lieutenant governor, &e., when to be held.—May be adjourned.—Article, when to go into operation.—Inconsistent provisions annulled. Religious freedom established. ​ Constitution . Preamble . Objects of government. The end of the institution, maintenance, and administration of government is to secure the existence of the body politic; to protect it; and to furnish the individuals who compose it with the power of enjoying, in safety and tranquillity, their natural rights and the blessings of life and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity, and happiness. Body politic, how formed. Its nature. The body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the com mon good. It is the duty of the people, therefore, in framing a constitution of government, to provide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them; that every man may, at all times, find his security in them. We , therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe in affording us, in the course of his providence, an opportunity, deliberately and peaceably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government for ourselves and posterity; and devoutly imploring his direction in so interesting a design, do agree upon, ordain, and establish the following Declaration of Rights, and Frame of Government , as the Constitution of the Commonwealth of Massachusetts . ​ Part the First . A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts. Equality and natural rights of all men. Art. I. All men are born free and equal, and have certain and unalienable rights among which may be reckoned the right of enjoying and defending their lives and liberties that of acquiring, possessing, and protecting property in fine, that of seeking and obtaining their safety and happiness. Right and duty of public religions worship. Protection therein. II. It is the right as well as the duty of all men in society, publicly and at stated seasons, to worship the Supreme Being , the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their worship. See amendments, Art. XI. III. As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality; and as these cannot be generally diffused through a community but by the institution of the public worship of God , and of public instructions in piety, religion, and morality: Legislature empowered to compel provision for public worship; and to enjoin attendance thereon. See amendments, Art. XI. Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God , and for the support and maintenance of public Protestant teachers of piety, religion, and morality, in all cases where such provision shall not be made voluntarily. And the people of this commonwealth have also a right to, and do, invest their legislature with authority to enjoin upon all the subjects an attendance upon the instructions of the ​ public teachers aforesaid, at stated times and seasons, if there be any on whose instructions they can conscientiously and conveniently attend. Exclusive right of electing religious teachers secured. Provided notwithstanding, that the several towns, parishes, precincts, and other bodies politic, or religious societies, shall, at all times, have the exclusive right of electing their public teachers, and of contracting them for their support and maintenance. Option as to whom parochial taxes may be paid, unless &e. And all moneys, paid by the subject to the support of public worship, and of the public teachers aforesaid, shall, if he require it, be uniformly applied to the support of the public teacher or teachers of his own religious sect or denomination, provided there be any on whose instructions he attends; See amendments, Art. XI. otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised. All denominations equally protected. And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the commonwealth, shall be equally under the protection of the law; Subordination of one sect to annother prohibited. and no subordination of any one sect or denomination to another shall ever be established by law. Right of self-government secured. IV. The People of this commonwealth have the sole and exclusive right of governing themselves, as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, which is not, or many not hereafter, be by them expressly delegated to the United States of America, in Congress assembled. Accountability of all others &e. V. All power residing originally in the people, and being derived from them, the several magistrates and officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them. Services rendered to the public being the only title to peculiar privileges, hereditary offices are absurd and unnatural. VI. No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, not transmissible to children, or descendants, or relations by blood, the idea of a man being born a magistrate, lawgiver, or judge, is absurd and unnatural. ​ Objects of government; right of people to institute and change it. VII. Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men: Thefefore the people alone have an incontestible, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it. Rights of people to secure rotation in office. VIII. In order to prevent those who are vested with authority from becoming oppresssors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life; and to fill up vacant places by certain and regular elections and appointments. All, having the qualifications prescribed, equally eligible to office. IX. All elections ought to be free; and all the inhabitants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. Right of protection and duty of contribution correlative. X. Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty, and property, according to standing laws. Taxation founded on consent. He is obliged, consequently, to contribute his share to the expense of this protection; to give his personal service, or an equivalent when necessary: but no part of the property of any individual can, with justice, be taken from him or applied to public uses without his own consent, or that of the representative body of the people. Private property not to be taken for public uses without, &e. In fine, the people of this commonwealth are not controlable by any other laws than those to which their constitutional representative body have given their consent. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a resonable compensation therefor. Remedies, by recourse to the law, to be free, complete, and prompt. XI. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; comfortably to the laws. ​ Prosecutions regulated. XII. No subject shall be held to answer for any crimes or offence until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse or furnish evidene against himself; and every subject shall have a right to produce all proofs that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defense by himself, or his counsel, at his election: and no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land. Right to trial by jury, in criminal cases, except, &e. And the legislature shall not make any law that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury. Crimes to be proved in the vicinity. XIII. In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty, and property of the citizen. Right of search and seizure regulated. XIV. Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws. Right to trial by jury sacred, except, &e. XV. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practiced, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it. Liberty of the press. XVI. The liberty of the press is essential to the security of freedom in a state: it ought not, therefore, to be restrained in this commonwealth. ​ Right to keep and bear arms. Standing armies dangerous. Military power subordinate to civil. XVII. The people have a right to keep and to bear arms for the common defence; and as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it. Moral qualifications for office. XVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. Moral obligations of lawgivers and magistrates. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives; and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth. Right of people to instruct representatives and petition legislature. XIX. The people have a right, in an orderly and peaceable manner, to assemble to consult upon the common good, give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer. Power to suspend the laws or execution. XX. The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for. Freedom of debate, &e., and reason thereof. XXI. The freedom of deliberation, speech and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. Frequent sessions, and objects thereof. XXII. The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new laws, as the common good may require. Taxation based on consent. XXIII. No subsidy, charge, tax, impost, or duties, ought to ​ be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature. Ex post facto laws prohibited. XXIV. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government. Legislature not to convict of treason, &e. XXV. No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature. Excessive bail or fines, and cruel punishments, prohibited. XXVI. No magistrate or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments. No soldier to be quartered in any house, unless, &e. XXVII. In time of peace, no soldier ought to be quartered in any house without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legislature. Citizens exempt from law-martial, unless, &e. XXVIII. No person can in any case be subject to law martial, or to any penalties or pains, by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature. Judges of Supreme Judicial Court. XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit. Tenure of their office. It is, therefore, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the Supreme Judicial Court should hold their offices as long as they behave themselves well, Salaries. and that they should have honorable salaries ascertained and established by standing laws. Seperation of executive, judicial, and legislative departments. XXX. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the ​ judicial shall never exercise the legislative and executive powers, or either of them; to the end it may be a government of laws and not of men. Part the Second . The Frame of Government . The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent body politic, or state by the name of The Commonwealth of Massachusetts . Chapter I . The Legislative Power . Section I . The General Court . Legislative department. Art. I. The department of legislation shall be formed by two branches, a Senate and House of Representatives; each of which shall have a negative on the other. See amendments, Art. X. The legislative body shall assemble every year, on the last Wednesday in May, and at such other times as they shall judge necessary; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May; and shall be styled The General Court of Massachusetts . Governor's veto. II. No bill or resolve of the Senate or House of Representatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the Senate or House of Representatives, in whichsoever the same shall ​ Bill may be passed by two thirds of each house, notwithstanding. have originated; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve: but if after such reconsideration, two thirds of the said Senate or House of Representatives, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and if approved by two thirds of the members present, shall have the force of a law: but in all such cases, 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. See amendments, Art. I. 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. General Court may constitute judicatories, courts of record, &e. III. The General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, 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: Courts, &e., may administer oaths. to which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them. General Court may enact laws, &e, IV. And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; not repungant to the constitution; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the ​ subjects of the same, and for the necessary support and defence of the government thereof; may provide for the election or appointment of officers; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within the said commonwealth; the election and constitution of whom are not hereafter in this form of government otherwise provided for; prescribe their duties; and to set forth the several 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 this constitution; impose taxes; 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; duties and excises; and also to impose and levy, reasonable duties and excises, upon any produce, 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, to be disposed of for defence, protection, &e. with the advice and consent of the council, for the public service, in the necessary 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. Valuation of estates once in ten years, at least, while, &e. And while the public charges of government, or any 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 anew once in every ten years at least, and as much oftener as the general court shall order. Chapter I . Section II . Senate . Senate, number of, and by whom elected. Art. 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 counsellors ​ 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. Counties to be districts until, &e. 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.:— 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. Manner and time of choosing senators and counsellors. II. The Senate shall be the first branch of the legislature; and the senators shall be chosen in the following manner, viz.: See amendments, Art. II. and X. 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; See amendments, Art. III. and at such meetings every male 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. Word "inhabitant" defined. 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. ​ Selectmen to preside at town meetings. The selectmen of the several towns shall preside at such meetings impartially; and shall receive the votes 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, who shall make a fair record, in presence of the selectmen, Return of votes. 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 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 amendments, Art. II. and X. 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. Inhabitants of unincorporated plantations, who pay some taxes, may vote. And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon themselves toward the support 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; Plantation meetings. and the plantation meetings for that purpose shall be held annually on the same first See amendments, Art. X. Monday in April, at such place in the plantations respectively, as the assessors thereof shall direct; Assessors to notify, &e. 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 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. Governor and Council to examine and count votes, and issue summonses III. And that there may be a due convention of senators on the last Wednesday in May annually, the governor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records; and fourteen ​ See amendments, Art. X. 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. Senate to be final judge of elections, &e., of their own members. 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 See amendments, Art. X. 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.: Vacancies, how filled. 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 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. 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. Senate not to adjourn more than two days. VI. The Senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time. ​ Shall choose its officers, and establish its rules. VII. The Senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings. Shall try all impeachments. VIII. The Senate shall be a court with full authority, 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: 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 sentence. but the party so convicted, shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land. Quorum. IX. Not less than sixteen members of the senate shall constitute a quorum for doing business. Chapter I . Section III . House of Representatives . Representation of the people. Art I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality. Representatives, by whom chosen. VIII. And in order to provide for a representation of the citizens of this commonwealth, founded upon the principle of 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. ​ Proviso as to towns having less than 150 stable polls. 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. Towns liable to sue in ease, &e. And 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. Expense of travelling to and from the Central Court, how paid. The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be 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. 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. Qualifications of a voter. IV. Every male person, being twenty-one years of age, See amendments, Art.&nbspV;III. 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. Representatives, when loses. V. The members of the House of Representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month. House alone can impeach. 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 originate all money bills. VII. All money bills shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills. ​ Not to adjourn more than two days VIII. The House of Representatives shall have power to adjourn themselves; provided such adjournment shall not exceed two days at a time. Quorum IX. Not less than sixty members of the House of Representatives, shall constitute a quorum for doing business. House to judge of returns, &e. of its own members; To choose its officers and establish its rules, &e. May punish for certain offences. X. The House of Representatives shall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the constitution: shall choose their own speaker, appoint their own officers, and settle the rules and orders of proceeding in their own house. They shall have authority to punish by imprisonment, every person, not a member, who shall be guilty of disrespect to the house, by any disorderly, or contemptuous behavior, in its presence; or who, in the town where the general court 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. Privileges of members. And no member of the House of Representatives shall be arrested, or held to bail on mean process, during his going unto, returning from, or his attending the general assembly. Governor and council may punish. XI. The Senate shall have the same powers in the like cases; and the governor and Council shall have the same authority to punish in like cases: General limitation. provided that no imprisonment on the warrant or order of the governor, council, senate, or House of Representatives, for either of the above described offences, be for a term exceeding thirty days. Trial may be by committee, or otherwise. And the Senate and House of Representatives may try, and determine, all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best. ​ Chapter II . Executive Power . Section I . Governor . Governor. Art. I. There shall be a supreme executive magistrate, who shall be styled His title. — The Governor of the Commonwealth of Massachusetts ; and whose title shall be— His Excellency . To be chosen annually. II. The governor shall be chosen annually; Qualifications. 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 seised in his own right, of a freehold within the commonwealth of the value of one thousand pounds; See amendments, Art. VII. and unless he shall declare himself to be of the Christian religion. By whom chosen, if he have a majority of votes. 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 See amendments, Art. II. and X. 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 ​ majority of all the votes returned, the choice shall be by them declared and published; How chosen, when no person has a majority. but if no person shall have a majority of votes, the house of representatives shall, by ballot, elect 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. Power of governor, and of governor and Council. IV. The governor shall have authority from time to time, at his discretion, to assemble and call together the counsellors 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. Same subject. V. The governor, with advice of council, shall have full 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; See amendments, Art. X. and, in the recess of the said court, to prorogue the same from time to time, not exceeding 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. See amendments, Art. X. And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May. Governor and Council may adjourn General Court in cases, &e., but not exceeding 90 days. VI. In cases of disagreement between the two houses, with regard to the necessity, expediency or time of adjournment, or prorogation, the governor, with the advice of the Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days, as he shall determine the public good shall require. Governor to be commander-in-chief. VII. The governor of this commonwealth for the time ​ 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 sea 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. Limitation. 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 commonwealth, 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. Governor and Council may pardon offences, except, &e. VII. The power of pardoning offences, except such as persons may be convicted of before the Senate by an impeachment of the House, shall be in the governor, by and with the advice of Council: But not before conviction. but no charter of pardon, granted by the governor, with advice of the Council before conviction, ​ shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. All judicial officers, &e., how nominated and appointed. IX. All judicial officers, the attorney general, the solicitor general, all sheriffs, coroners, and registers of probate, shall be nominated and appointed by the governor, by and with the advice and consent of the Council; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment. Militia officers, how elected. X. The captains and subalterns of the militia, shall be elected by the written votes of the train band and alarm list of their respective companies, of twenty-one years of age and upwards; See amendments, Art. V. the field officers of regiments shall be elected by the written votes of the captains and subalterns of their respective regiments; the brigadiers shall be elected in like manner, by the field officers of their respective brigades; How commissioned. and such officers, so elected, shall be commissioned by the governor, who shall determine their rank. The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor, the officers elected. Major generals, how appointed and commissioned. The major generals shall be appointed by the Senate and House of Representatives, each having a negative upon the other; and be commissioned by the governor. Vacancies, how filled, in case, &e. And if the electors of brigadiers, field officers, captains or subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the governor, with advice of Council, shall appoint suitable persons to fill such offices. Officers, duty commissioned, how removed. And no officer, duly commissioned to command in the militia, shall be removed from his office, See amendments, Art. IV. but by the address of both houses to the governor, or by fair trial in court martial pursuant to the laws of the commonwealth for the time being. Adjutants, &e., how appointed. The commanding officers of regiments shall appoint their adjutants and quartermasters; the brigadiers their brigade-majors; and the major generals their aids; and the governor shall appoint the adjutant-general. The governor, with advice of Council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint,—as also all officers of forts and garrisons. ​ Organization of militia. The divisions of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law. Money, how drawn from the treasury, except, &e. XI. No moneys shall be issued out of the treasury of this commonwealth, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the Council, for the necessary defence and support of the commonwealth, and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court. All public boards, &e., to make quarterly returns. XII. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively; distinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and garrisons and the said commanding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors adjacent. And the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively. Salary of governor. XIII. As the public good requires that the governor should not be under the undue influence of any of the members of the General Court by a dependence on them for his support—that he should in all cases, act with freedom for the benefit of the public—that he should not have his attention necessarily diverted from that object to his private concerns—and that he should maintain the dignity of the commonwealth in the character of its chief magistrate—it is necessary that he should ​ have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws; and it shall be among the first acts of the General Court, after the commencement of this constitution, to establish such salary by law accordingly. Salaries of justices of Supreme Judicial Court. Permanent and honorable salaries shall also be established by law for the justices of the Supreme Judicial Court. Salaries to be enlarged, if sufficient. And if it shall be found that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time be enlarged as the General Court shall judge proper. Chapter II . Section II . Lieutenant Governor . Lieutenant governor; his title and qualifications. Art. I. There shall be annually elected a lieutenant governor of the commonwealth of Massachusetts, whose title shall be— His Honor ; and who shall be qualified, in point of religion, property, and residence in the commonwealth, in the same manner with the governor; See amendments, Art. III, VI, and X. and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. How chosen. The return of the votes for this officer, and the declaration of his election, shall be in the same manner; and if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the Senate and House of Representatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor. President of Council. II. The governor, and in his absence the lieutenant governor, shall be president of the Council, but shall have no vote in Council; Lt. governor a member of, except, &e. and the lieutenant governor shall always be a member of the Council except when the chair of the governor shall be vacant. Lieutenant governor to be acting governor, in case, &e. III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the commonwealth, or otherwise, the lieutenant governor, for the time being, shall, ​ during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present. Chapter II . Section III . Council, and the Manner of setting Elections by the Legislature . Council. Art. I. There shall be a council for advising the governor in the executive part of government, to consist of nine persons besides the lieutenant governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together; 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, according to the laws of the land. Number: from whom and how chosen. II. Nine counsellors shall be annually chosen from among the persons returned for counsellors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives assembled in one room: See amendments, Art. X. and in case there shall not be found upon the first choice, the whole number of nine persons who will accept a seat in the Council, the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of senators left, shall constitute the Senate for the year. If senators become counsellors their seats to be vacated. The seats of the persons thus elected from the Senate, and accepting the trust, shall be vacated in the Senate. Rank of counsellors. III. The counsellors, in the civil arrangements of the commonwealth, shall have rank next after the lieutenant governor. No district to have more than two. IV. Not more than two counsellors shall be chosen out of any one district of this commonwealth. Register of Council. V. The resolutions and advice of the council shall be ​ recorded in a register, and signed by the members present; and this record may be called for at any time by either house of the legislature; and any member of the Council may insert his opinion, contrary to the resolution of the majority. Council to exercise the power of governor, in case, &e. VI. Whenever the office of the governor and lieutenant governor shall be vacant, by reason of death, absence, or otherwise, then the Council, or the major part of them, shall during such vacancy have full power and authority to do, and execute, all and every such acts, matters and things, as the governor or the lieutenant governor might or could, by virtue of this constitution, do or execute, if they or either of them, were personally present. Elections may be adjourned, until, &e. VII. And whereas the elections appointed to be made by this constitution, on the last Wednesday in May annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. Order thereof. And the order of elections shall be as follows: the vacancies in the Senate, if any, shall first be filled up; the governor and lieutenant governor shall then be elected, provided there should be no choice of them by the people; and afterwards the two houses shall proceed to the election of the Council. Chapter II . Section IV . Secretary, Treasurer, Commissary, &e . Secretary, &e., by whom and how chosen. Art I. The secretary, treasurer and receiver general, and the commissary general, notaries public, and naval officers, shall be chosen annually, by joint ballot of the senators and representatives in one room; See amendments, Art. IV. and, that the citizens of this commonwealth may be assured, from time to time, that the moneys remaining in the public treasury, Treasurer, ineligible for more than five successive years. upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver general more than five years successively. ​ Secretary to keep records, to attend the governor and Council, &e. II. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable, and he shall attend the governor and Council, the Senate and House of Representatives, in person, or by his deputies, as they shall respectively require. Chapter III . Judiciary Power . Tenure of all commissioned officers to be expressed. Art. I. The tenure, that all commission officers shall by law have in their offices, shall be expressed in their respective commissions. Judicial officers to hold office during good behavior, except, &e. All judicial officers, duly appointed, commissioned and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution; But may be removed on address. provided nevertheless, the governor, with consent of the Council, may remove them upon the address of both houses of the legislature. Justices of Supreme Judicial Court to give opinions when required. II. Each branch of the legislature, as well as the governor and Council, shall have authority to require the opinions of the justices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions. Justices of the peace; tenure of their office. III. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates; and upon the expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the commonwealth. Provisions for holding Probate Courts. IV. The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter appoint such times and places; until which appointments, the ​ said courts shall be holden at the times and places which the respective judges shall direct. Provisions for determining causes of marriage, divorce, &e. V. All causes of marriage, divorce, and alimony, and all appeals from the judges of probate, shall be heard and determined by the governor and Council, until the legislature shall, by law, make other provision. Chapter IV . Delegates to Congress . Delegates to Congress. The delegates of this commonwealth to the Congress of the United States, shall, some time in the month of June annually, be elected by the joint ballot of the Senate and House of Representatives, assembled together in one room; to serve in Congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the commonwealth, but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead. Chapter V . The University at Cambridge, and Encouragement of Literature, &e . Section I . The University . Harvard College. Art. I. Whereas our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of God , been ​ initiated in those arts and sciences, which qualified them for public employments, both in church and state; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God , the advantage of the Christian religion, and the great benefit of this and the other United States of America— Powers, privileges, &e., of the president and fellows confirmed. it is declared, that the President and Fellows of Harvard College , in their corporate capacity, and their successors in that capacity, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have or are entitled to have, hold, use, exercise and enjoy; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. II. And whereas there have been at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college, by some other description, under several charters successively; All gifts, &e., confirmed. it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby forever confirmed unto the president and fellows of Harvard College, and to their successors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors. III. And And whereas, by an act of the General Court of the colony of Massachusetts Bay passed in the year one thousand six hundred and forty-two, the governor and deputy governor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, constituted the overseers of Harvard College; Who shall be overseers. and it being necessary, in this new constitution of government to ascertain who shall be deemed successors to the said governor, deputy governor and magistrates; it is declared, that the governor, lieutenant governor, Council, and Senate of this commonwealth, are and shall be deemed, their successors; who, with the president of Harvard College, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, ​ Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard College; Power of alteration reserved to the legislature. provided, that nothing herein shall be construed to prevent the legislature of this commonwealth from making such alterations in the government of the said university, as shall be conducive to its advantage and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late Province of the Massachusetts Bay. Chapter V . Section II . The Encouragement of Literature, &e . Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, Duty of legislatures and magistrates in all future periods. it shall be the duty of legislatures and magistrates, in all future periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools, and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country, to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments among the people. ​ Chapter VI . oaths and subscriptions; incompatibility of and exclusion from offices; pecuniary qualifications; commissions; writs; confirmation of laws; habeas corpus; the enacting style; continuance of offices; provision for a future deal of the constitution, &e. Art. I. Any person chosen governor, lieutenant governor, counsellor, senator or representative, and accepting the trust, shall before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz.— See amendment, Art. VII. "I, A. B., do declare, that I believe the Christian religion, and have a firm persuasion of its truth; and that I am seized and possessed, in my own right, of the property required by the constitution as one qualification for the office or place to which I am elected." And the governor, lieutenant governor, and counsellors shall make and subscribe the said declaration, in the presence of the two houses of assembly; and the senators and representatives first elected under this constitution, before the president and five of the Council of the former constitution, and forever afterwards before the governor and Council for the time being. And every person chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to any judicial, executive, military, or other office under the government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the following declaration, and oaths or affirmations, viz.— See amendment, Art. VI. "I, A. B., do truly and sincerely acknowledge, profess, testify and declare, that the commonwealth of Massachusetts is, and of right ought to be, a free, sovereign, and independent state; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever; and that I do renounce and abjure all allegiance, subjection, and obedience to the king, queen, or government of Great Britain, (as the case may be,) and every other foreign power whatsoever; and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, superiority, preëminence, authority, dispensing or other power, in ​ any matter, civil, ecclesiastical or spiritual, within this commonwealth; except the authority and power which is or may be vested by their constituents in the Congress of the United States; and I do further testify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration, or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me God ." "I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably, to the rules and regulations of the constitution, and the laws of this commonwealth. So help me, God ." Provided always, that when any person chosen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words " I do swear ," " and abjure ," " oath or ," " and abjuration ," in the first oath; and in the second oath, the words " swear and ," and in each of them the words " So help me God ;" subjoining instead thereof, " This I do under the pains and penalties of perjury ." And the said oaths or affirmations shall be taken and subscribed by the governor, lieutenant governor, and counsellors, before the president of the Senate, in the presence of the two houses of assembly; and by the senators and representatives first elected under this constitution, before the president and five of the Council of the former constitution; and forever afterwards before the governor and Council for the time being; and by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the legislature. Plurality of offices prohibited to governor, &e., except, &e. II. No governor, lieutenant governor, or judge of the Supreme Judicial Court, shall hold any other office or place, under the authority of this commonwealth, except such as by this constitution they are admitted to hold saving that the judges of the said court may hold the offices of justices of the ​ peace through the state; nor shall they hold any other place or office, or receive any pension or salary from any other state or government or power whatever. Same subject. No person shall be capable of holding or exercising at the same time, within this state more than one of the following offices, viz.—judge of probate—sheriff—register of probate—or register of deeds—and never more than any two offices which are to be held by appointment of the governor, or the governor and Council, or the Senate, or the House of Representatives, or by the election of the people of the state at large, or of the people of any county, military offices and the offices of justices of the peace excepted, shall be held by one person. Incompatible offices. No person holding the office of judge of the Supreme Judicial Court—secretary—attorney-general—solicitor general—treasurer or receiver general—judge of probate—commissary general— See amendments, Art. VIII. president, professor, or instructor of Harvard College—sheriff—clerk of the House of Representatives—register of probate—register of deeds—clerk of the Supreme Judicial Court—clerk of the inferior Court of Common Pleas—or officer of the customs, including in this description naval officers—shall at the same time have a seat in the Senate or House of Representatives; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the Senate or House of Representatives; and the place so vacated shall be filled up. Same subject. And the same rule shall take place in case any judge of the said Supreme Judicial Court, or judge of probate, shall accept a seat in Council; or any counsellor shall accept of either of those offices or places. Bribery, &e., operates disqualification. And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtaining an election or appointment. Value of money ascertained. III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce; Property qualifications may be increased. and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected to offices, as the circumstances of the commonwealth shall require. ​ Provisions respecting commissions. IV. All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the governor and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto. Provisions respecting writs. V. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue; they shall bear test of the first justice of the court to which they shall be returnable, who is not a party, and be signed by the clerk of such court. Continuation of former laws, except, &e. VI. All the laws which have heretofore been adopted, used, and approved in the province, colony or state of Massachusetts Bay, and usually practiced on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution. Benefit of habeas corpus secured, except, &e. VII. All privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth in the most free, easy, cheap, expeditious, and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months. The enacting styles. VIII. The enacting style, in making and passing all acts, statutes and laws, shall be, "Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same." Officers of former government continued until, &e. IX. To the end there may be no failure of justice, or danger arise to the commonwealth from a change of the form of government, all officers, civil and military, holding commissions under the government and people of Massachusetts Bay in New England, and all other officers of the said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective departments; and all the executive and legislative officers, bodies, and powers shall continue in full force, in the enjoyment and ​ exercise of all their trusts, employments and authority, until the General Court and the supreme and executive officers under this constitution, are designated, and invested with their respective trusts, powers, and authority. Provision for revisiting constitution X. In order the more effectually to adhere to the principles of the constitution, and to correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the General Court, which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments. Same subject. And if it shall appear, by the returns made, that two thirds of the qualified voters throughout the state, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the General Court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention, for the purpose aforesaid. The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen. Provision for preserving and publishing this constitution. XI. This form of government shall be enrolled on parchment and deposited in the secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws. Articles of Amendment . Bill, &e., not approved within five days, not to become a law, if legislature adjourn in the mean time. Art. I. If any bill or resolve shall be objected to, and not approved by the governor, and if the General Court shall adjourn within five days after the same shall have been laid before the governor, for his approbation, and thereby prevent ​ his returning it with his objections, as provided by the constitution, such bill or resolve shall not become a law, nor have force as such. General Court empowered to charter cities. Art. 2. The General Court shall have full power and authority to erect and constitute municipal or city governments, in any corporate town or towns in this commonwealth, and to grant to the inhabitants thereof such powers, privileges, and immunities, not repugnant to the constitution as the General Court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise for the election of officers under the constitution, and the manner of returning the votes given at such meetings. Proviso. Provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose; and provided also, that all by-laws made by such municipal or city government shall be subject, at all times to be annulled by the General Court. Qualifications of voters for governor, Lieutenant governor, senators, and representatives. II Pick, 538. Art. 3. Every male citizen of twenty-one years of age and upwards, (excepting paupers and persons under guardianship) who shall have resided within the commonwealth one year, and within the town or district, in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant governor, senators, or representatives, and who shall have paid, by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him in any town or district of this commonwealth; and also, every citizen who shall be, by law, exempted from taxation, and who shall be, in all other respects, qualified as above mentioned, shall have a right to vote in such election of governor, lieutenant governor, senators and representatives; and no other person shall be entitled to vote in such election. Notaries public, how appointed and removed. Art. 4. Notaries public shall be appointed by the governor in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless sooner ​ removed by the governor with the consent of the council, upon the address of both houses of the legislature. Vacancies in the office of secretary and treasurer, how filled, in case, &e. In case the office of secretary or treasurer of the commonwealth shall become vacant from any cause during the recess of the General Court, the governor, with the advice and consent of the council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the General Court. Commissary general may be appointed, in case, &e. Whenever the exigencies of the commonwealth shall require the appointment of a commissary general, he shall be nominated, appointed, and commissioned in such manner as the legislature may, by law, prescribe. Militia officers, how removed. All officers commissioned to command in the militia may be removed from office in such manner as the legislature may, by law, prescribe. Who may vote for captains and subalterns. Art. 5 In the elections of captains and subalterns of the militia, all the members of their respective companies, as well those under as those above the age of twenty-one years, shall have a right to vote. Oath to be taken by all officers; Art. 6 Instead of the oath of allegiance prescribed by the constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military under the government of this commonwealth, before he shall enter on the duties of his office, to wit:— "I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me God." or affirmation in case, &e. Provided , That when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word "swear," and inserting instead thereof the word "affirm," and omitting the words "So help me God," and subjoining, instead thereof, the words "This I do under the pains and penalties of perjury." Tests abolished. Art. 7 No oath, declaration or subscription, excepting the oath prescribed in the preceding article and the oath of office, shall be required of the governor, lieutenant governor, counsellors, senators or representatives, to qualify them to perform the duties of their respective offices. ​ Incompatibility of offices. Art. 8. No judge of any court of this commonwealth (except the Court of Sessions,) and no person holding any office under the authority of the United States, (postmasters excepted) shall, at the same time, hold the office of governor, lieutenant governor, or counsellor, or have a seat in the Senate or House of Representatives of this commonwealth; and no judge of any court in this commonwealth (except the Court of Sessions,) nor the attorney general, solicitor general, county attorney, clerk of any court, sheriff, treasurer and receiver general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the Courts of Common Pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and militia offices excepted. Amendments of constitution, how made. Art. 9. If , at any time hereafter, any specific and particular amendment or amendments to the constitution be proposed in the General Court, and agreed to by a majority of the senators and two thirds of the members of the House of Representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published; and if, in the General Court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two thirds of the members of the House of Representatives present and voting thereon; then it shall be the duty of the General Court to submit such proposed amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth. Commencement of political year. Art. 10. The political year shall begin on the first Wednesday of January instead of the last Wednesday of May, and the General Court shall assemble every year on the said first Wednesday of January, and shall proceed at that session to make all the elections, and do all the other acts which are by the constitution required to be made and done at the session ​ which has heretofore commenced on the last Wednesday of May. and termination. And the General Court shall be dissolved on the next day preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the General Court from assembling at such other times as they shall judge necessary, or when called together by the governor. The governor, lieutenant governor and counsellors, 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. Meetings for choice of governor, lieutenant governor, &e., when to be held. The meeting for the choice of governor, lieutenant governor, senators and representatives shall be held on the second Monday of November in every year; May be adjourned. but meetings may be adjourned if necessary, for the 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 on the fourth Monday of the same month of November. 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. Article, when to go into operation. This article shall go into operation on the first day of October next following the day when the same shall be duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant governor, counsellors, 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. Inconsistent provisions annulled. All the provisions of the existing constitution inconsistent with the provisions herein contained are hereby wholly annulled. ​ Religious freedom established. Art. 11. 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." Representatives, how apportioned. Art. 12. 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 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 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. Towns having less than 300 ratable polls, how represented. Any town having less then 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 ​ Fractions, how calculated. 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. Towns may unite into representative districts. 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. Governor and Council to determine once in every ten years the number of representatives to which each town is entitled. The governor and council shall ascertain and determine within the months of July and August, in the year of our Lord one thousand eight hundred and thirty-seven, according to the foregoing principles, the number of representatives, which each city, town, and representative district 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, New apportionment to be made once in every ten years. 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. Inconsistent provisions repealed. All the provisions of the existing constitution inconsistent with the provisions herein contained, are hereby wholly annulled. Senators and representatives, how apportioned. Art 13. A census of the inhabitants of each city and town, on the first day of May, shall be taken, and returned into the ​ secretary's office, on or before the last day of June, of the year one thousand eight hundred and forty, and of every tenth year thereafter, which census shall determine the apportionment of senators and representatives for the term of ten years. Senatorial districts. 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, and every tenth year thereafter, the governor and Council shall assign the number of senators to be chosen in each district, according to the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district. House of Representatives, how apportioned. The members of the House of Representatives shall be apportioned in the following manner: Every town or city containing twelve hundred inhabitants, may elect one representative; and two thousand four hundred inhabitants shall be the mean increasing number which shall entitle it to an additional representative. Small towns, how represented. 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. Towns may unite into representative districts. Any two or more of the several towns may, by consent 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. 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 one tenth shall be made, respectively, to the said numbers above mentioned. ​ Governor and Council to apportion the number of representatives of each town, once in every ten years. In the year of each decennial census, the governor and Council shall, before the first day of September, apportion the number of representatives 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. Counsellors to be chosen from the people at large. Nine counsellors 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 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. Qualifications of counsellors. No person shall be elected a counsellor, who has not been an inhabitant of this commonwealth for the term of five years immediately preceding his election; and not more than one counsellor shall be chosen from any one senatorial district in the commonwealth. Freehold estate dispensed with. 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. [ Note .—The constitution of Massachusetts was agreed upon by delegates of the people, in convention, begun and held at Cambridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to be adopted by them, provided two thirds of the votes given should be in the affirmative. When the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the convention accordingly resolved , "that the said constitution or frame of government shall take place on the last Wednesday of October next; and not before, for any purpose, save only for that of making elections, agreeable to this resolution." The first legislature assembled at Boston, on the twenty-fifth day of October, 1780. The first nine articles of amendment were submitted, by delegates in convention assembled November 15, 1820, to the people, and by them approved and adopted, April 9, 1821. The tenth article of amendment was adopted by the legislatures of the political years 1829–30, and 1830–31, and was approved and ratified by the people, May 11, 1831. The eleventh article of amendment was adopted by the legislature of the political years 1832 and 1833, and was approved and ratified by the people, November 11, 1833. The twelfth article of amendment was adopted by the legislature of the political years 1835 and 1836, and was approved and ratified by the people, November 14, 1836. The thirteenth article of amendment was adopted by the legislature of the political years 1839 and 1940, and was approved and ratified by the people, April 6, 1840.] This work is in the public domain in the U.S. because it is an edict of a government , local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices . Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties." These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5). A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{ PD-in-USGov }}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations. Public domain Public domain false false