nators; and shall fort and count them in open town meeting, and in prefence of the town clerk, who fhall make a fair record, in prefence of the felectmen, and in open town meeting, of the name of every perfon voted for, and of the number of votes against his name; and a fair copy of this record fhall be attefted by the felectmen and the town clerk, and fhall be fealed up, directed to the Secretary of the Commonwealth for the time being, with a fuperfcription, expreffing the purports of the contents thereof, and delivered, by the town clerk of fuch town, to the fheriff of the county, in which fuch town lies, thirty days at leaft before the last Wednesday in May, annually; or it fhall be delivered into the Secretary's Office, feventeen days, at leaft, before the faid last Wednesday in May; and the fheriff of each county fhall deliver all fuch certificates, by him received, into the Secretary's Office, feventeen days before the faid laft Wednefday in May.

And the inhabitants of plantations unincorporated (qualified as this conftitution provides) who are or fhall be empowered and required to affefs taxes upon themfelves, toward the fupport of government, fhall have the fame privilege of voting for Counsellors and Senators in the plantations where they refide, as town inhabitants have in their respective towns; and the plantation-meetings, for that purpose, shall be held annually on the fame firft Monday in April, at fuch place in the plantations refpectively, as the affeffors thereof fhall direct; which affeffors fhall have like authority, for notifying the electors, collecting and returning the votes, as the felectmen and town clerks have in their feveral towns, by this conftitution, and all other perfons, living in places unincorporated (qualified as aforefaid) who shall be affeffed to the fupport of government by the affeffors of an adjacent town, fhall have the privilege of giving in their votes for Counfellors and Senators, in the town where they fhall be affeffed, and be notified of the place of meeting, by the Selectmen of the town, where they fhall be affeffed, for that purpose accordingly.

III. And that there may be a due convention of Senators on the laft Wednesday in May annually, the Governor, and five of the Council, for the time being, fhall, as foon as may be, examine the returned copies of fuch records; and four

teen days before the faid day, he fhall iffue his fummons to fuch perfons, as fhall appear to be chofen by the majority of votes, to attend on that day, and take their feats accordingly; -provided neverthelefs, that for the first year, the faid returned copies fhall be examined by the prefident and five of the Council of the former Conftitution of Government: and the faid prefident fhall, in like manner, iffue his fummons to the perfons fo elected, that they may take their feats as aforefaid.

IV. The Senate fhall be the final judge of the elections, returns and qualifications of their own members, as pointed out in the Conftitution; and fhall, on the faid 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 fhall be fupplied in the following manner, viz. the Members of the Houfe of Reprefentatives, and fuch Senators as shall be declared elected, shall take the names of fuch perfons as fhall be found to have the higheft number of votes in fuch district, and not elected, amounting to twice the number of Senators wanting, if there be fo many voted for; and out of thefe, fhall elect, by ballot, a number of Senators, fufficient to fill up the vacancies in fuch district; and in this manner, all fuch vacancies fhall be filled in every district of the commonwealth: and in like manner, all vacancies in the Senate, arifing by death, removal out of the state, or otherwife, fhall be fupplied as foon as may be, after fuch vacancies fhall happen :·

V. Provided nevertheless, that no perfon fhall be capable of being elected as a Senator, who is not feized in his own right, of a freehold within this commonwealth, of the value of three hundred pounds at leaft, or poffeffed of perfonal eftate to the value of fix hundred pounds at leaft, or of both to the amount of the fame fum; and who has not been an inhabitant of this commonwealth for the fpace 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.

VI. The Senate fhall have power to adjourn themfelves,

provided fuch adjournments do not exceed two days at a time.

VII. The Senate fhall choofe its own prefident, appoint its own officers, and determine its own rules of proceedings.

VIII. The Senate fhall be a Court, with full authority, to hear and determine all impeachments, made by the House of Reprefentatives, against any officer or officers of the Commonwealth, for misconduct and mal- administration in their offices. But previous to the trial of every impeachment, the Members of the Senate fhall refpectively be fworn, truly and impartially to try and determine the charge in queftion, according to evidence. Their judgment, however, fhall not extend further, than to removal from office, and difqualification to hold or enjoy any place of honour, truft or profit, under this Commonwealth: but the party fo convicted, fhall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.

IX. Not lefs than fixty Members of the Senate, fhall conAtitute a quorum for doing business.

CHAP. I. SECT. III.

HOUSE OF REPRESENTATIVES.

ART. I. THERE fhall be, in the Legislature of this com. monwealth, a reprefentation of the people, annually elected, and founded upon the principle of equality.

II. And in order to provide for a reprefentation of the citizens of this commonwealth, founded on the principle of equality, every corporate town, containing one hundred and fifty rateable polls, may elect one Reprefentative :-every corporate town, containing three hundred and feventy-five rateable polls, may elect two Reprefentatives: every corporate town, containing fix hundred rateable polls, may elect three Representatives; and proceeding in that manner, making two hundred and twenty-five rateable polls the mean increafing number, for every additional Reprefentative:

Provided nevertheless, that each town now incorporated, not having one hundred and fifty rateable polls, may elect one Reprefentative. But no place fhall hereafter be incorporated with the privilege of electing a Reprefentative, unless there are, within the fame, one hundred and fifty rateable polls. And the House of Reprefentatives fhall have power, from

time to time, to impofe fines upon fuch towns, as shall neglect to choose and return Members to the fame, agreeably to this conftitution.

The expenfes of travelling to the General Affembly, and. returning home, once in every feffion and no more, shall be paid by the government, out of the public treasury, to every Member who fhall attend as seasonably as he can, in the judg ment of the Houfe, and does not depart without leave.

III. Every Member of the Houfe of Reprefentatives fhall be chofen by written votes; and for one year at least, next preceding his election, fhall have been an inhabitant of, and have been seized, in his own right, of a freehold of the va lue of one hundred pounds, within the town he shall be chofen to reprefent, or any rateable eftate, to the value of two hundred pounds; and he fhall ceafe to reprefent the faid town, immediately on his ceafing to be qualified as aforefaid.

IV. Every male perfon (being twenty-one years of age, and refident in any particular town in this commonwealth, for the space of one year next preceding) having a freehold estate within the fame town, of the annual income of three pounds, or any eftate of the value of fixty pounds, fhall have a right to vote in the choice of a Reprefentative, or Representatives, for the faid town.

V. The Members of the House of Reprefentatives fhall be chofen annually, in the month of May, ten days, at leaft, before the last Wednesday of that month.

VI. The House of Reprefentatives fhall be the grand inqueft of this commonwealth; and all impeachments, made by them, fhall be heard and tried by the Senate.

VII. All money-bills fhall originate in the House of Reprefentatives: but the Senate may propofe or concur with amendments, as on other bills.

VIII. The House of Reprefentatives fhall have power to adjourn themselves; provided fuck adjournment fhall not exceed two days at a time.

IX. Not less than fixty Members of the House of Reprefentatives, fhall conftitute a quorum for doing bufinefs.

X. The Houfe of Reprefentatives fhall be the judge of the returns, elections, and qualifications of its own Members, as pointed out in the conftitution; fhall choose their own speaker: appoint their own officers, and fettle their rules and or

ders of proceeding in their own Houfe. They fhall have au. thority to punifh, by imprisonment, every person, (not a Member) who fhall be guilty of difrefpect to the House, by any diforderly or contemptuous behaviour in its prefence; or who, in the town where the General Court is fitting, and during the time of its fitting, fhall threaten harm to the body or eftate of any of its Members, for any thing said or done in the Houfe; or who fhall affault any of them therefor; or who fhall affault, or arrest any witnefs, or other person, ordered to attend the Houfe, in his way in going, or returning : or who fhall refcue any perfon arrefted by the order of the Houfe.

And no Member of the Houfe of Reprefentatives fhall be arrested, or held to bail on mefne procefs, during his going unto, returning from, or his attending the General Affembly.

XI. The Senate fhall have the fame powers in the like cafes; and the Governor and Council fhall have the fame authority to punish in like cafes:-provided that no imprifonment, on the warrant or order of the Governor, Council, Senate, or Houfe of Reprefentatives, for either of the above defcribed offences, be for a term exceeding thirty days.

And the Senate and Houfe of Reprefentatives may try, and determine, all cafes, where their rights and privileges are concerned, and which, by the conftitution, they have authority to try and determine, by Committees of their own Members, or in fuch other way as they may refpectively think best.

CHAP. II.

EXECUTIVE POWER.

SECTION I, GOVERNOR.

ART. I. THERE fhall be a Supreme Executive Magiftrate, who shall be ftiled, The Governor of the Commonwealth of Maffachusetts; and whofe title fhall be, His Excellency.

II. The Governor fhall be chofen annually; and no perfon fhall be eligible to this office; unlefs, at the time of his election, he fhall have been an inhabitant of this commonwealth, for feven years next preceding; and unless he shall, at the fame time, be feized, in his own right, of a freehold within the commonwealth, of the value of one thoufand pounds; and unless he shall declare himself to be of the Chrif tian religion.