Quorum. See amendments, Arts. XXII. and XXXIII. 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 quorum for doing business.] Representation of the people. Representatives, by whom chosen. Superseded by amendments, Arts. XII. and XIII., which were also amendments, CHAPTER I. SECTION III. House of Representatives. 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 principle of equality, every corporate town containing one hundred and fifty ratable polls may elect one representsuperseded by ative; 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. Art. XXI. 7 Mass. 523. 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. Annulled by Art. XXXV. Qualifications of a representative. Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative; but no place shall hereafter be incorporated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable polls.] And the house of representatives shall have power from time to time to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution. [The expenses of travelling to the general assembly, and' 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 as to residence. ments, Art. least next preceding his election, shall have been an inhab- New provision itant of, and have been seised in his own right of a free- See amend hold of the value of one hundred pounds within the town I he shall be chosen to represent, or any ratable estate to Property quali the value of two hundred pounds; and he shall cease to ished by amendrepresent the said town immediately on his ceasing to qualified as aforesaid.] fications abol ments, Art. be XIII. of a voter. of Qualifications visions super IV. [Every male person, being twenty-one years age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold estate within the said 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.] amendments, XXX., XXXI. See also amend. ments, Art. XXIII., which V. [The members of the house of representatives shall was annulled by be chosen annually in the month of May, ten days at least Art. XXVI. before the last Wednesday of that month.] Time of election changed by amendments, Art. X., and changed again by amendments, Art. XV. Representatives, when chosen. can impeach. VI. The house of representatives shall be the grand House alone inquest of this commonwealth; and all impeachments made by them shall be heard and tried by the senate. nate all money VII. All money bills shall originate in the house of House to origirepresentatives; but the senate may propose or concur bills. with amendments, as on other bills. VIII. The house of representatives shall have power Not to adjourn to adjourn themselves; provided such adjournment shall more than two not exceed two days at a time. days. amendments, IX. [Not less than sixty members of the house of Quorum. See representatives shall constitute a quorum for doing busi- Arts, XXI. and ness.] XXXIII. returns, etc., of bers; to choose establish its for certain X. The house of representatives shall be the judge of To judge of the returns, elections, and qualifications of its own mem- its own members, as pointed out in the constitution; shall choose their its officers and own speaker; appoint their own officers, and settle the rules, etc. rules and orders of proceeding in their own house. They May punish shall have authority to punish by imprisonment every offences. person, not a member, who shall be guilty of disrespect 14 Gray, 226. 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 Privileges of members. Senate. Governor and council may punish. house, in his way in going or returning; or who shall rescue any person arrested by the order of the house. And no member of the house of representatives shall be arrested, or held to bail on mesne process, during his going unto, returning from, or his attending the general assembly. XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same General limita- authority to punish in like cases: 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. tion. 14 Gray, 226. 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. Governor. His title. To be chosen annually. Qualifications. See amendments, Arts. VII. and XXXIV. By whom chosen, if he of votes. Time of elec ARTICLE I. CHAPTER II. EXECUTIVE POWER. SECTION I. Governor. There shall be a supreme executive magistrate, who shall be styled-THE GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS; and whose title shall be HIS EXCELLENCY. II. The governor shall be chosen annually; and no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhabitant of this commonwealth for seven years next preceding; [and unless he shall at the same time be seised, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds;] [and unless he shall declare himself to be of the Christian religion.] III. Those persons who shall be qualified to vote for have a majority senators and representatives within the several towns of this commonwealth shall, at a meeting to be called for that purpose, on the [first Monday of April] annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings; and the town clerk, in the presence and with the assistance of the selectmen, shall, in open town meeting, sort and count the votes, and form tion changed by amendments, Art. X., and changed again by amend. ments, Art. XV. amendments, to first Wednes by amend 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 decla- As to cities, see ration thereof in the said meeting; and shall, in the pres- Art. II. ence 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 Time changed the same to the secretary's office, seventeen days at least day of January before the said [last Wednesday in May]; or the select- ments, Art. X. men 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 Changed to examined; and in case of an election by a [majority] of all amendments, the votes returned, the choice shall be by them declared Art. XIV. and published; but if no person shall have a [majority] of when no person votes, the house of representatives shall, by ballot, elect has a plurality. 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. plurality by How chosen, ernor, and of council. IV. The governor shall have authority, from time to Power of gov time, at his discretion, to assemble and call together the governor and councillors of this commonwealth for the time being; and the governor with the said councillors, 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. prorogue the upon request, and convene tion, see amend ments, Art. X. The governor, with advice of council, shall have May adjourn or full power and authority, during the session of the gen- general court eral court, to adjourn or prorogue the same to any time the two houses shall desire; [and to dissolve the same on the day next preceding the last Wednesday in May; and, in the recess of the said court, to prorogue the same from time to time, not exceeding 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 As to dissolution, see amendments, Art. X. Governor and council may adjourn the gen eral court in cases, etc., but not exceeding ninety days. Governor to be commander-in chief. Limitation. 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. [And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.] VI. In cases of disagreement between the two houses, with regard to the necessity, expediency, or time of adjournment or prorogation, the governor, with 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. 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. Provided, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution |