ACTS

AND

RESOLVES

PASSED BY THE

€«i«r<il (|am*t of ^m^u\xmtii%

IN THE YEAR

1888,

TOGETHER ^V^TH

THE CONSTITUTION, THE [MESSAGES OF THE GOVERNOR,

LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING

CHANGES IN THE STATUTES, CHANGES OF

NAVIES OF PERSONS, ETC., ETC.

PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

No. 18 Post Office Square.

1888.

A (X)NSTITUTION

FORM OF GOVERNMENT

Commontoealtb of Massacljusctts.

PREAMBLE.

The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the l)ody s°^'"'"'^^°^- politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tran- quillity 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 meas- ures necessary for their safety, prosperity, and happiness.

The body politic is formed by a voluntary association Body pontic, of individuals : it is a social compact, hy which the whole itsTuuu™! ' people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the connuon 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 secu- rity in them.

We, therefore, the people of Massachusetts, acknowl- edging, 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 peace- ably, without fraud, violence, or surprise, of entering into

CONSTITUTlOxX OF THE

an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for om'selves and posterity ; and devoutly imploring His direction in so interesting a design, do agree ui)on, ordain, and establish, the following Declaration of Iiif///t.^, and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.

PART THE FIRST.

A Declaration of the Jiig/its of the InJiahitants of the Gommonicealth of MassacJi usetts.

Equality and ARTICLE I. All men are born free and equal, and have

all men. Certain natural, essential, and unaliena])le rights; among

which may l)e reckoned the right of enjoying and defend- ing their lives and liberties ; that of acquiring, possessing, and protecting property ; in fine, that of seeking and ob- taining their safety and happiness. Right and duty jj. Jt is the riijht as well as the duty of all men in

of public reh . itii i i-i

gioiis worship, socicty, publicly, and at stated seasons, to worship the th°rein.'°" SuPREME Being, the great Creator and Preserver of the i2^Aiieia!'i29. univcrsc. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worship- ping God in the manner and season most agreeal)le to the dictates of his own conscience; or for his religious pro- fession of sentiments ; provided he doth not disturb the pu1)lic peace, or obstruct others in their religious worship. ^^™en^™ent \\\^ [|As the liappincss of a people, and the good order

tutc'd for this, 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 LegisLature em- instructious in liicty, religion, and morality : Therefore,

powered to com- i • i • i i i i

pel provision for to promotc tlicir happincss, and to secure the good order pu icwors ip, ^^^^ 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 })rovisi()n, at their own expense, for the institution of the public worship of God, and for the support and maintenance of public Protestant teachers

COMMONWEALTH OF MASSACHUSETTS. 5

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 atrJIfd!inco^°'° to, and do, invest their legislature with authority to enjoin theieon. upon all the subjects an attendance upon the instructions of the ])ublic teachers aforesaid, at stated times and sea- sons, if there be any on whose instructions they can con- scientiously and conveniently attend.

Provided, notwithstanding, that the several towns, par- Exclusive right ishes, precincts, and other bodies politic, or religious socie- giourtea'chers' ties, shall, at all times, have the exclusive right of electing «'''^"''^''- their public teachers, and of contracting with them for their support and maintenance.

And all moneys paid by the subject to the support of ^.{^om°pTrochiai public worship, and of the public teachers aforesaid, shall, taxes may be if he require it, be uniformly applied to the support of the pul)lic teacher or teachers of his own religious sect or de- nomination, provided there be any on whose instructions he attends ; 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.

And every denomination of Christians, demeaning them- ah cipnomina- selves peaceably, and as good subjects of the commonwealth, proiecte"L ^ shall be equally under the protection of the law : and no siujoidhmtion subordination of any one sect or denomination to another of <";« «<^^t to

111 1 11-1111 -I iiiiothcr pro-

shall ever be established by law.] hibited.

lY. The people of this commonwealth have the sole Right of eeif- and exclusive right of governing themselves, as a free, fecured?""' sovereign, and independent state ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, which is not, or may not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.

V. All power residing originally in the people, and Accountability

1 . 1 ' 1 /> 11 1 i' 1 ol all ollicore,

bemg derived trom them, the several magistrates and ^'c. officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.

YI. No man, nor corporation, or association of men, services ren. have any other title to obtain advantages, or particular inii.Tic being the and exclusive privileges, distinct from those of the com- pjiuihlrVdvi- inunit3-, ^li^iw what arises from the consideration of ser- I'lns. ''.''edi- Vices rendered to the public; and this title being m "i>«imiaiid nature neither hereditary, nor transmissiljle to children, or descendants, or relations by blood, the idea of a man

CONSTITUTION OF THE

Objects of gov- ernment; right of people to institute and change it.

Right of people to secure rota- tion in office.

All, having the qualitications prescribed, equally eligible to office. For the defini- tion of" inhabit- ant," see Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative.

Taxation found- ed on consent. It) Mass. a26. 1 Pick. 418. 7 I'ick. 344. 12 IMck. 184,467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, 164. 1 All.n, 1.50. 4 Allen, 474. Private prop- ■erty not to be taken for public uses without,

6 Cush. 327. 14 Gray, 155. 16 Gray, 417, 431.

born a magistrate, lawgiver, or judge, is ab.sard and unnatural.

VII. Government is instituted for the common good ; for the protection, safety, prosperity, and hai)piness of the people ; and not for the profit, honor, or private interest of any one man, family, or class of men : Therefore the people alone have an incontestible, unalienable, and inde- feasible right to institute government ; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.

VIII. In order to prevent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their l)ul)lic officers to return to private life ; and to fill up vacant places by certain and regular elections and appoint- ments.

IX. All elections ought to be free ; and all the inhab- itants of this commonwealth, having such qualitications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. 122 Mass. 595, 506.

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 law\s. He is obliged, con- sequently, to contribute his share to the expense of this protection ; to give his personal service, or an equivalent, Avhen necessary : but no part of the property of any indi- vidual can, with justice, ])e taken from him, or api)lied to public uses, without his own consent, or that of the repre- sentative body of the people. In tine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative l)ody have given their consent. And whenever the pub- lic exigencies require that the property of any individual should be appropriated to pul)lic uses, he shall receive a reasonable compensation therefor.

1 Allen, 150. n Allen, 530. 12 Allen, 223, 230.

103 ISfass. 120, 624. 106 Mass. 3o6, 362. 108 Mass. 202, 213. Ill Mass. 130.

113 Mass. 45. 116 Mass. 463. 126 Mass. 42S, 441.

127 Mass. 50, 52,

358,363, 410,413. 129 Mass. 559.

Remedies, by recourse to the law, to be free, complete and j>rouipt.

100 Mass. 544, 510.

XL 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 ;

COMMONWEALTH OF MASSACHUSETTS. 7

completely, and without any denial ; promptly, and with- out delay ; conformably to the laws.

XII. No subject shall be held to answer for any crimes Prosecmiona or offence, until the same is fully and plainly, substantially, s'^Prcklm. and formally, described to him ; or be compelled to accuse, Js pick." 434. or furnish evidence against himself. And every subject '^2Uet\-^9^' shall have a right to produce all proofs that may be 12 cush. 246. favorable to him ; to meet the witnesses against him face 5 Gray', I'm. to face, and to be fully heard in his defence by himself, lo^rayfii! or his counsel, at his election. And no subject shall be o^^ielf/se^i^' arrested, imprisoned, despoiled, or deprived of his prop- 2lo'\'64°43f' erty, immunities, or privileges, put out of the protection 473!""

of the law, exiled, or deprived of his life, liberty, or QTuJl'm,' estate, but by the judgment of his peers, or the law of ],joMass. 287, tbe land. foaMass. 4i8.'

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554.

108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 659.

And the leo-islature shall not make any law that shall ?^'g''Mot':'^!^y

o • r -1 , J"''y '" criminal

subject any person to a capital or iniamous punishment, cases, except, excepting for the government of the army and navy, with- 8 Gray, .329, 373. out trial by jury. 103 Mass. 4i8.

XIII. In criminal prosecutions, the verification of facts, crimes to be in the vicinity where they happen, is one of the great- viTinity!°

est securities of the life, lil^erty, and property of the m M\'8e!°6i, 62. citizen.

XIV. Every subject has a right to be secure from all Right of search

111 1.^ /«!• 1. and seizure

unreasonable searches, and seizures, ot his person, his regulated. houses, his papers, and all his possessions. All warrants, Araend°tiv.^ " therefore, are contrary to this right, if the cause or founda- I cusia^leg. tion of them be not previously supported by oath or affir- IJ^^^^''^;.,

1 . /. , 1 . 1 . •! 13 Gray, 4o4.

mation, and it the order 111 the warrant to a civil officer, to 10 Aiien,403.

, , . J. 1 1 j_ J 100 Mass. 136,

make search in suspected places, or to arrest one or more 139. suspected persons, or to seize their property, be not accom- o?!^''^^' "''^' paniedwith 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.

XV. In all controversies concerning iiroperty, and in Right to tnai by

n ., T , , ^ '^ '^ , , "^ . jury sacred, ex-

all suits between two or more persons, except m cases m cept, etc.

which it has heretofore been otherways used and i)ractised, An"cnd°t vif.'

the parties have a right to atrial by jury ; and this method Tplek.lee.'

of procedure shall be held sacred, unless, in causes arising 2 5t'"^' iii'

. 1 1 • 1 11 1 . ^ ^ Gray, 3(3.

on the high seas, and such as relate to mariners wages, iiAiieu, 574, the legislature shall hereafter find it necessary to alter it. io2Ma88.45,

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. ^'* 120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.

8 CONSTITUTION OF THE

Li^^Jtyofthe XVI. The liberty of the press is essential to the secu- rity of freedom in a state : it ought not, therefore, to be restrained in this commonwealth.

Righttokecp XVII. The people have a risht to keep and to bear

and bear arms. li ®4i ••

Btandiua: armies amis for tlic comuiou deiencc. And as, hi time ot peace, itaryp^wersub- amiies are dangerous to liberty, they ought not to be 5 GrayVi2i""'" maintained without the consent of the legislature ; and the military poAver shall always l)e held in an exact subor- dination to the civil authority, and be governed by it. Moral quaiuica- XVIII. A frcouent rccurrencc to the fundamental

tions for ollice. . . , . , ^ . . , 11

prmciples oi the constitution, and a constant adherence to those of piety, justice, moderation, temperance, indus- try, and frugality, are absolutely necessary to preserve the advantages of lil)erty, and to maintain a free government. The i)eople ought, consequently, to have a particular atten- tion to all those principles, in the choice of their officers Moral obiiga- and representatives : and they have a right to require of erTand inrgfsl" tlicir lawgivcrs aud magistrates an exact and constant trates. obscrvancc of them, in the formation and execution of the

laws necessary for the good administration of the common- wealth. Right of people XIX. The people have a right, in an orderly and peace- resentaiives and able maimer, to asscmblc to consult upon the common petuion egisa- g.^^ j , g.j^^^ instructious 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 SUB- XX. The ])ower of suspeudiug the laws, or the execu-

pend the laws or /.ii 1 -iiii

thuir execution, tioii of tlic laws, ouglit ucvcr to bc excrciscd but l)y the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall ex- pressly provide for.

Freedom of de- XXI . The frecdom of deliberation , speech , and debate,

bate, etc., and fii-i • -i 1

reason thereof, jn cithcr housc oi tlio 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.

Froqnctit BC9. XXII. Thc lo2:islature ouirht frequently to assemble

Bions, and ob- „ , , /. • c • \l 1 •

jecia thereof, for thc rcdrcss or grievances, lor correcting, strengthening,

and confirming the laws, and for making new laws, as the

common good may require. Taxation fonnd- XXIIl. No subsidy, cliargc, tax, impost, or duties 8 Allen, 247. ' ought to bc cstabli-shecl, fixed, laid, or levied, under any

pretext w^hatsoever, without the consent of the people or

their representatives in thc legislature.

COMMONWEALTH OF MASSACHUSETTS. 9

XXIV. Laws made to punish for actions done before Export /,icto the existence of such laws, and which have not been de- \TA\u-a^'l2h^' cUired crimes by preceding hiws, are unjust, oppressive, 424.423,434. and inconsistent with the fundamental principles of a free government.

XXV. No subject ought, in any case, or in any time, Legislature not to be declared guilty of treason or felony by the legisla- lreasou!''etc. ture.

XXVI. No magistrate or court of law shall demand J?,j^f°^.^;,';[eme'i' excessive bail or sureties, impose excessive fines, or inflict puni^hnunts.

, , • y , prohibited.

cruel or unusual punishments. 5 Gray, 432.

XXVII. In time of peace, no soldier ought to be quar- No soldier to be tercd in any house without the consent of the owner ; and houseTunie^s,"^ in time of war, such quarters ought not to be made but '^^'^'

by the civil magistrate, in a manner ordained by the legis- lature.

XXVIII. No person can in any case be subject to law- citizens exempt

,., , 1,. • ' 1 • j_ If J^^ J. ^ from law-mar-

martial, or to any penalties or pains, hy virtue ot that law, uai, unless, etc, except those employed in the army or navy, and except the militia in actual service, but by authority of the legis- lature.

XXIX. It is essential to the preservation of the rights Judgosof bu- of every individual, his life, liberty, property, and charac- ^0^1"!^"'''"''^ ter, that there bs an impartial interpretation of the laws, lo^^'y^'^lli and administration of justice. It is the right of every i-^'|en, 591. citizen to be tried by judges as tree, impartial, and inde- 105 Mass. 219, pendent as the lot of humanity will admit. It is, therefore, Tenure of their not only the best policy, but for the security of the rights ^^'"''

of the i)eople, and of every citizen, that the judges of the supremo judicial court should hold their ofiices as long as they behave themselves well ; and that they should have honorable salaries ascertained and established by standing salaries. laws.

XXX. In the government of this commonwealth, the separation of legislative department shall never exercise the executive ciltandVgia-'' and judicial powers, or either of them : the executive shall i;5'J,'iV''^'''''' never exercise the leijislative and judicial powers, or either '^^'vr'^-^JJ;

^ *' '- , , 2 Allen, 061.

■of them: the judicial shall never exercise the legislative s AiieM,247,253.

1 ,• -ii p J 1 j_ xi 1 'J- liM> Mass. '282,

and executive powers, or either 01 them : to tiie end it ose.

may bo a government of laws and not of men. 249.^''^*'"^^'

110 Mass. 317. 129 Maas. 509.

10

CONSTITUTION OF THE

Title of body politic.

PART THE SECOND.

Tlie Frame of Government.

The people, inhabiting the tcrritoiy formerly called the Province of Massachusetts Bay, do hereby solemnly and mutuall}^ 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.

TjCgislative department.

For change of time, etc., see amendments, Art. X.

Governor'sveto. 9y Mass. 636.

Bill may he passed by two- thirds of eacli house, notwith- Btanding.

CHAPTER I.

THE LEGISLATIVE POWER.

Section I. The General Court.

Article I. The department of legislation shall be formed by two branches, a Senate and House of Represen- tatives ; eacii of which shall have a negative on the other.

The legislative body shall assemble every year [on the last Wednesday in ]\Iay, 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.

11. No ])ill or resolve of the senate or house of repre- sentatives 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 olijections there- to, in writing, to the senate or house of representatives, in whichsoever the same shall 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, notwith- standing the said ol)jections, agree to pass the same, it shall, together with the ol^jections, be sent to the other branch of the legislature, where it shall also be reconsid- ered, and if approved l)y two-thirds of the members pres- ent, shall have the force of a law : but in all such cases,

COMMONWEALTH OF MASSACHUSETTS. 11

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. For exception

.,. 1 Ti .,, i-ii 1" case of ad-

And in order to prevent unnecessary delays, it any I)ill joummentof or resolve shall not be returned by the governor within^ coun'^'vuhin five days after it shall have been presented, the same shall ^^etammd^^' have the force of a law. "S/ae::^'

HI. The general court shall forever have full power General court and authority to erect and constitute judicatories and "luHcatories"'^ courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearinij, trvino', and deter- ?^t^"^y'i-,„

. ^ c^T ^ !s^ ]2 Gray, 147,

mining of all manner of crimes, offences, pleas, processes, 154.

plaints, actions, matters, causes, and things, whatsoever,

arising or happening within the commonwealth, or between

or concerning persons inhabiting, or residing, or brought

within the same : whether the same be criminal or civil,

or whether the said crimes be capital or not capital, and

whether the said pleas be real, personal, or mixed; and

for the awarding and making out of execution thereupon.

To Avhich courts and judicatories are hereby given and courts etc.,

^-^ may tidiuiuister'

granted full power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.

IV. And further, full power and authority are hereby General court given and granted to the said general court, from time to p^^j^®"'"^ '^^^^' time to make, ordain, and establish, all manner of whole- 4 auI'^^i', 473. some and reasonable orders, laws, statutes, and ordinances, ^l-"^"*^"' ^^> directions and instructions, either with penalties or with- 100 Mass. 544, out ; so as the same I)e not repugnant or contrary to this iib Mass. 467, con.stitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government i,j™s^ctc""Dot and ordering thereof, and of the subiects of the same, and lepuguant to

. , » ^ 1 T t- If Ji . the constitution.

lor the necessary support and defence or the government 6Aiieu,3JS. thereof; and to name and settle annually, or pi-ovide by may provide fixed laws for the naming and settling, all civil officers or appoiutmeut within the said commonwealth, the election and consti- ii.^Ma8«!"602. tution of whom are not hereafter in this form of govern- ment otherwise provided for; and to set forth the several th^rdutu-^!"''^ 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

12 CONSTITUTION OF THE

ta^lsfe™/"'^'' this constitution ; and to impose and levy proportional 12 Mass. 2.V2. and reasonable assessments, rates, and taxes, upon all the

5 Allen, 42s. .... i' t -i i

6Aiicii,r.5s. nihahitants ot, and persons resident, and estates Ivinsr,

8 Allen, 247.253. •., • -i \ ^ Ul 11^- ^i

10 Allen, 23o. Avitliin the Said commonwealth; and also to impose and 12 A lien, '7^,^22", levv reasonable duties and excises upon any produce, soo'.si-i.'sialsuo; goods, wares, merchandise, and commodities, whatsoever, ^P.r ,„ brouirht into, produced, manufactured, or beings within 100 Mass. 2S}. the saiiic ; to be issued and disposed of by warrant, under 5S5. ''^*'' "" '' the hand of the governor of this commonwealth for the ii-i Mass! Gssi time beinof, with the advice and consent of the council, m'MasR. 461. for the public service, in the necessary defence and sup- 118 Mass. 380, port of thc govemmeut of the said commonwealth, and i2:yMas8. 493, the protcctiou and preservation of the subjects thereof, i27'Mas8. 413. accoixliiig to such acts as are or shall be in force within

the same. taresyetcrto^be -^"^ whilo the public chargcs of government, or any disposed of for p.^^.^ thcrcof, shall be assessed on polls and estates, in the tion.ctc manner that has hitherto been practised, in order that

8 Allcu,217,2.J0. , ^ , 1 -,1 ... I 1 II

v^aiuationof such asscssmeuts may be made with equality, there shall tenTearsrat'" I)e a valuatioii of cstatcs withiu the commonwealth, taken 8^AiVen,'24V.^"^' ^^^GW oiicc ill cvcry ten years at least, and as much oftener 126 Mass. 647. jjg {^[^q general court shall order.

For the authority of the general court to charter cities, cee amendments, Art. II.

CHAPTER I. Section II.

Senate.

ofTud'b"«'^om Article I. [There shall bo annually elected, by the elected. freeholders and other inhabitants of this commonwealth,

Superseded liy i'/.i • ,^ • •, ,' • •iii'i

an-cndmcnts. (jualihed as lu this coustitutioii is provided, torty persons

which was also to be councillors aiid senators for the year ensuing their

anSmems'l^ clcction ; to 1)0 choscu by the inhabitants of the districts

Art.xxii. juj^Q ^vhieh the commonweallh may, from time to time, be

divided by the general court for that purpose : and the

general court, in assigning the numbers to be elected by

the respective districts, shall govern themselves by the^pro-

portion of the public taxes paid by the said districts ; and

For provision as timcly luake known to the inhabitants of the conimon-

tocoducillors, 1111-. /. iT« 11

see amend- Wealth the liuiits of cacli district, and the number ot coun-

XVI, '^ " cillors and senators to be chosen therein; provided, that

the number of such districts shall never be less than thir-

COMMONWEALTH OF MASSACHUSETTS. 13

teen ; and that no district be so large as to entitle the same to choose more than six senators.

And the several counties in this commonwealth shall, c'ounues lo be

, , 1 11 1 • • districts, until,

until the general court shall deternnne it necessary to etc. alter the said districts, be districts for the choice of coun- cillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that pur- pose) and shall elect the following number for councillors and senators, viz. : — Suffolk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Pukes County and Nantucket, one ; Worcester, five ; Cumberland, one ; Lincoln, one ; Berkshire, two.]

H. The senate shall be the first l)ranch of the legisla- Manner nnd ture ; and the senators shall be chosen in the following man- ^"natms antT"^ ner, viz. : there, shall be a meeting on the [first Monday in Thueou'k.ctioii April,! annually, forever, of the inhabitants of each town d'-iugwi i-y in the several counties of this commonwealth ; to be called Art. x. and by the selectmen, and warned in due course of law, at i.y'^amVndmuuts, least seven days before the [first INIonday in April,] for "\!^\o^c}iiea gee the purpose of electing persons to be senators and coun- a^^c'i'^t'^meutB, cillors ; [and at such meetings every male inhabitant of '^'i"^*'2 pvo-

•■ ,. 1 *- 1 1 • /> 1 1 1 visions as to the

twenty-one years ot age and upwards, havmg a treehold quaiiiications of estate within the commonwealth, of the annual income of scdecfby amend- three pounds, or any estate of the value of sixty pounds, iTi^'xx.'lud shall ha^e a riaht to giv e in his vote for the senators for ^^^'\\^: . ^.,

c^ \ • \ \ • .ii- Til \\ Old "inhabit-

the district ot which he is an inhabitant.] And to remove anfuuiiucd.

Uii. . ,1 . /. ji 1 .11.. See also amend-

doubts concerning the meaning ot the word "inhabit- nu-nts, am

ant" in this constitution, every person shall be considered w.^^anmuu;dby

as an inhabitant, for the purpose of electing and being v/Gray^Iu

elected into any office, or place within this state, in that i;-'r Mass. o95,

town, district, or plantation where he dwelleth, or hath

his home.

The selectmen of the several towns shall i)reside at selectmen to

. . . ,, 1 1 11 • I I)re8ide at town

such meetings impartially ; and shall receive the votes meetings. of all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, lietun. of votes. who shall make a fair record, in presence of the select- men, and in open town meeting, of the name of every person voted for, and of the number of votes against his name : and a fair copy of this record shall be attested by As to citioa. see the selectmen and the town clerk, and shall be sealed up, "ut"."!!.""" *' directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport

14

CONSTITUTIOX OF THE

Time changed to first Wednes- day of January. See amend- ments, Art. X.

Inhabitants of unincorporated plantations, who paj' state taxes, may vote.

Plantation meetings. Time of elec- tion changed by amend- ments, Art. XV Assessors to notify, etc.

Governor and council to ex- amine and count votes, and issue summonses. Time changed to tirst Wednes- day in January by amendments, Art. X. Majority changed to plurality by amendments, Art. XIV.

Senate to be final judge of elections, etc., of its own mem- bers.

of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thirty days at least before [the last Wednesday in jNIayJ annually ; or it shall be delivered into the secre- tary's office seventeen days at least before the said [last AVednesday 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 AVednesday in May.]

And the inhabitants of plantations unincorporated,, qualified as this constitution provides, who are or shall be empowered and required to assess taxes u})on them- selves toward the support of government, shall have the same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in their respective towns ; and the plantation meet- ings for that purpose shall be held annually [on the same first JNIonday in Api-il], at such place in the plantations,. resi)ectively, as the assessors thereof shall direct ; which assessors shall have like authority for notifying the elect- ors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this con- stitution. And all other persons living in places unincor- porated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly.

III. And that there may l)o a due convention of sena- tors on the [last Wednesday in jMay] annually, the gov- ernor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by [a majority of] voters, to attend on that day, and take their seats accordingly : provided, nevertheless, that for the first year the said returned copies shall be examined by the president and fi^■e of the council of the former constitution of government ; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid.

IV. The senate shall be the final judge of the elec- tions, returns and qualifications of their own members, as

COMMONWEALTH OF MASSACHUSETTS. 15

pointed out in the constitution ; and shall, [on the said ?'''?«f=^Mged

f -.^^ 1 1 .Tt*-T 11 ij_ -111 to first ^\ ednes-

last Wednesday m May] annually, determine and declare day of January who are elected by each district to be senators [by a .\rt^.'x" ""'"'*' majority of votes ; and in case there shall not appear to ^twjje.fto be the full number of senators returned elected by a ^'.ueudn^'enfs, majority of votes for any district, the deticiency shall be ^r'- x^^'- supplied in the following manner, viz. : The members of the house of representatives, and such senators as shall bo 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 electcnl, 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 J^ej"'''''''' ^""^ senators sufficient to fill up the vacancies in such district ; changoato and in this manner all such vacancies .shall be filled up in jK-opie" ^ every district of the commonwealth ; and in like manner niTut8?Art. all vacancies in the senate, arising by death, removal out ^^i^. of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall bo Qnaiifioationsof capable of being elected as a senator, [who is not seised i^'^opertyqnaii- in his own right of a freehold, within this commonwealth, |^h«i°°'^^°' of the value of three hundred pounds at least, or possessed ^'gX^An

of personal estate to the value of six hundred pounds at xiii. ' least, or of both to the amount of the same sum, and] wdio vision as to has not been an inhabitant of this commonwealth for the lulamemu'^ space of five years immediately preceding his election, and, xxu.'^"^' at the time of his election, he shall be an inhabitant in the district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves, senate not to

•11 1 T .,1 L ij 1 j_ adjourn more

provided such adjournments do not exceed two days at a than two days. time.

VH. The senate shall choose its own president, appoint iJ'^li|[.^J'J'"uj its own officers, and determine its own rules of pro- e«*=i''''sii i'«

-. ■*• rules.

ceedmgs.

VHI. The senate shall be a court with full authority . shaiitryaii

. Ill inipeachnieuts.

to hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct andmal-administration in their offices. But previous to the trial of every im- peachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal *'^" ""^'^• from office and disqualification to hoUl or enjoy any place

16

CONSTITUTION OF THE

•Qnonim. For further pro- visions, sec amendraents, Art. XXII.

of honor, trust, or profit, under this commonwealth: but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

IX. Not less than sixteen members of the senate shall constitute a quoroum for doing business.

Representation of the people.

Rcprcsenla- tives, by whom chosen. Supersedeil by anieudnients, Arts XII and XUL, which were also Biiperseded by ■ amendments, An. XXI. 7 Mass. 023.

Proviso as to towns having less than 150 ratable polls.

Towns liable to fine in case, etc.

Expenses of travelling to and from the general court, how paid.

^iualilicationsof a representa- tive.

CHxVPTEli I.

Sectiox III.

House of Represenfatives.

Article I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality.

II. [And in order to provide for a representation of the citizens of this commonwealth, founded upon the prin- ciple of equality, every corporate town containing one hundred and fifty ratal)lc polls may elect one represen- tative ; every corporate town containing three hundred and seventy-five ratable polls may elect two representa- tives ; every corporate town containing six hundred ratable polls may elect three representatives ; and proceeding in that manner, maiving two hundred and twenty-five ratal)le polls the mean increasing number for every additional representative.

Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one represent;itive ; but no place shall hereafter be incor- porated with tlie privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.]

And the house of representatives shall have power from time to time to impose fines upon such towns as shall neglect to choose and return members to the same, agreea- bly to this constitution.

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.

III. Every member of the house of representatives shall be chosen by written votes ; [and, for one year at

COMMONWEALTH OF MASSACHUSETTS. IT

least next precedino; his election, shall have been an inhab- New provision itant of, and have been seised in his own right of a free- seeamend- hold of the value of one hundred pounds within the town xxi"'^ "' he shall be cliosen to represent, or any ratable estate to «ca/ion'sahoi''' the value of two hundred pounds ; and he shall cease to j,'i|!f,ts)'^'v'it"'"'^" represent the said town immediately on his ceasing to be xiii. qualified as aforesaid.]

IV. [Every male person, being twenty-one years of Q'^.jj['jj.c^''on3of" age, and resident in any particular town in this common- Tiiwopio- wealth for the space of one year next preceding, having a eeded ly''"^'^ freehold estate within the said town of the annual income An's'lnT^xx. of three pounds, or any estate of the value of sixty pounds, y'ee ;u.,^^araeQd. shall have a ris^ht to vote in the choice of a representative ™pp'9:^^« . ,

p , ■'• X\in., which

or representatives lor the said town. J wasannniied uy

V. [The members of the house of representatives shall p' Vesonta- be chosen annually in the month of May, ten days at least lives, whea before the last Wednesday of that month.]

Time of election chansjed by amendments. Art. X., and changed again by amendments,

Art. XV.

VI. The house of representatives shall be the grand ^°7,f,^^°°^. inquest of this commonwealth ; and all impeachments

made by them shall be heard and tried by the senate.

VII. All money bills shall originate in the house of nonso to orig^

-J ~ iiato all money

representatives ; but the senate may propose or concur buis. with amendments, as on other bills.

VIII. The house of representatives shall have power not to adjourn to adjourn themselves ; provided such adjournment shall days.

not exceed two days at a time.

IX. (Not less than sixty members of the house of gJ'peTsedl'.iby representatives shall constitute a quoi'um for doing busi- ""rtTxxi?'^' uoss.]

X. The house of representatives shall be the judge of returus^.^otc! of the returns, elections, and qualificatioiis of its own mem- jisowiinKm-

. , . , ^ . . , . bers; to choose

bers, as pointed out in the constitution ; shall choose their itsofruorsand own speaker; appoint their own officers, and settle the mies, itc rules and orders of proceedino- in their own house. They ^. mavpunis

1 • • • 1 1 • • A. lor certain

shall have authority to punish by imprisonment every offences. ^^ person, not a ineml)er, 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

lish