right to give in his vote for the fenators for the diftria of which he is an inhabitant. And to remove all doubts concerning the meaning of the word "inhabitant," in this conftitution, every perfon fhall be confidered as an inhabitant, for the purpose of electing and being elected into any office or place within this ftate, in that town, district, or plantation, where he dwelleth, or hath his home.

The felectmen of the feveral towns fhall prefide at fuch meetings impartially; and fhall receive the votes of all the inhabitants of fuch towns present and qualified to vote for senators, and fhall fort and count them in open town-meeting, and in pre-fence of the town-clerk, who thall make a fair record, in prefence of the selectmen, 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 shall be attested by the felectmen and the town-clerk, and fhall be fealed up, directed to the fecretary 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 towns to the sheriff of the County in which fuch town lies, thirty days at least before the last Wednesday in May annually; or it fhall be delivered into the fecretary's office feventeen days at leaft before the faid laft Wednesday in May; and the sheriff of each county fhall deliver all fuch certificates by him received into the fecretary's office feventeen days before the faid laft Wednesday in May.

And the inhabitants of plantations unincorporated, qualified as this conftitution provides, who are or fhall be impowered or required to affefs taxes upon themselves toward the fupport of government, fhall have the fame privilege of voting for councillors and fenators in the plantations where they refide, as town inhabitants have in their refpective towns; and the plantation meetings for that purpose fhall be held annually on the fame first 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 fhall be affeffed to the fupport of government by the affeffors of an adjacent town, shall have the privilege of giving in their votes for councillors and fenators, in the town where they fhall be affeffed, and be notified of the place of meeting by the felectmen of the town where they fhall be affeffed, for that purpose accordingly.

III. And that there may be a due convention of fenators 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 fourteen days before the

E 2

faid

faid day he fhall iffue his fummons to fuch perfons as fhall appear to be chofen by the majority of voters, to attend on that day and take their feats accordingly provided nevertheless, 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 fenate 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 laft Wednesday in May annually, determine and declare who are elected by each district to be fenators by a majority of votes: and in cafe there fhall not appear to be the full number of fenators 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 fenators as fhall be declared elected, shall take the names of fuch perfons as fhall be found to have the highest number of votes in fuch district, and not elected, amounting to twice the number of fenators wanting, if there be fo many voted for; and out of these fhall elect by ballot a number of fenators fufficient to fill up the vacancies in fuch difirict; and in this manner all fuch vacancies fhall be filled in every diftrict of the commonwealth; and in like manner all vacancies in the fenate, arifing by death, removal out of the ftate, or otherwise, 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 fenator, 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 fhall be an inhabitant in the district for which he fhall be chosen.

VI. The fenate fhall have power to adjourn themselves, provided fuch adjournments do not exceed two days at a time.

VII. The fenate fhall chufe its own prefident, appoint its own officers, and determine its own rules of proceedings.

VIII. The fenate 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 mifconduct and mal-adminiftration in their offices. But previous to the trial of every impeachment, the members of the fenate fhall refpectively be fworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment,

however,

however, fhall not extend further than to removal from office, and difqualification to hold or enjoy any place of honour, trust, 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 less than fixteen members of the fenate shall conftitute a quorum for doing bufinefs,

CHAP. I. SECT. III,

HOUSE OF REPRESENTATIVES,

Art. I. THERE fhall be in the legislature of this commonwealth a reprefentation 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 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 increasing number for every additional representative.

Provided nevertheless, that each town now incorporated, not having one hundred and fifty rateable polls, may elect one representative: 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 houfe of reprefentatives hall have power from time to time to impofe fines upon fuch towns as fhall neglect to chuse and return members to the fame, agreeably to this conftitution.

The expences of travelling to the general affembly, and returning home once in every feffion and no more, fhall be paid by the government out of the public treafury, to every member who fhall attend as feasonably as he can, in the judgment of the house, 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 leaft next preceding his election, shall have been an inhabitant of, and have been feized in his own right of a freehold of the value of one hundred pounds within the town he fhall be chofen to reprefent, or any rateable eftate to the value of two hundred pounds; and he shall

ccafe

cease 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 fpace of one year next preceding, having a freehold eftate 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 reprefentatives for the faid

town.

V. The members of the houfe 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 inquest of this commonwealth; and all impeachments made by them fhall be heard and tried by the fenate.

VII. All money-bills fhall originate in the house of reprefentatives; but the fenate may propofe or concur with amendments, as on other bills.

VIII. The houfe of reprefentatives fhall have power to adjourn themselves, provided fuch adjournment fhall not exceed two days at a time.

IX. Not less than fixty members of the house of representatives fhall conftitute a quorum for doing bufinefs.

X. The house of reprefentatives fhall be the judge of the returns, elections, and qualifications of its own members, as pointed out in the conftitution; fhall chufe their own fpeaker, appoint their own officers, and fettle the rules and orders of proceeding in their own houfe. They fhall have authority to punish by imprisonment every perfon, not a member, who fhall be guilty of difrefpect to the houfe, 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 faid or done in the houfe; or who fhall affault any of them therefor; and who fhall affault or arreft 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 house.

And no member of the house of reprefentatives fhall be arrested or held to bail on mefne process, during his going unto, returning from, or his attending the general affembly.

XI. The fenate fhall have the fame powers in the like cases; and the governor and council fhall have the fame authority to punih in like cafes. Provided, that no imprifonment on the warrant or order of the governor, council, fenate, or houfe of representatives, for either of the above-described offences, be for a term exceeding thirty days.

And

And the fenate 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 beft.

Art. I. THERE fhall be a fupreme executive magiftrate, who shall be stiled, The Governor of the Commonwealth of "Maffachusetts; and whose title fhall be, His Excellency.

II. The governor fhall be chofen annually: And no perfon fhall be eligible to this office, unless at the time of his election, he fhall have been an inhabitant of this commonwealth for seven years next preceding; and unless he fhall, at the fame time, be feized in his own right of a freehold within the commonwealth of the value of one thousand pounds; and unless he fhall declare himself to be of the Chriftian religion.

III. Those perfons who fhall be qualified to vote for fenators and reprefentatives within the feveral towns of this commonwealth, fhall, 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 felectmen, who fhall prefide at fuch meetings; and the town-clerk, in the prefence, and with the affiftance of the felectmen, fhall, in open town-meeting, fort and count the votes, and form a lift of the perfons voted for, with the number of votes for each perfon against his name; and fhall make a fair record of the fame in the town books, and a public declaration thereof in the faid meeting; and fhall, in the prefence of the inhabitants, feal up copies of the faid lift, attefled by him and the felectmen, and tranfmit the fame to the.fheriff of the county, thirty days at leaft before the last Wednesday in May; and the fheriff fhall tranfmit the fame to the fecretary's office; feventeen days at least before the said laft Wednesday in May; or the felectmen may caufe returns of the fame to be made to the office of the fecretary of the commonwealth, feventeen days at leaft before the faid day; and the fecretary fhall lay the fame before the fenate, and the house of representatives, on the laft Wednesday in May, to be by them examined: And in cafe of an election by the majority of all

the