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. VII. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. House to origibills. nate all money not to adjourn VIII. The house of representatives shall have power to adjourn themselves; provided such adjournment shall more than two not exceed two days at a time. IX. [Not less than sixty members of the house of representatives shall constitute a quorum for doing business.] days. quorum. Superseded by amendments, Art. XXI. to judge of its own memis oilleers and establish its returns, etc., of bers; to choose rules, etc. may punish for certain 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 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 house, in his way in going or returning; or who shall rescue any person arrested by the order of the house. members. And no member of the house of representatives shall be Privileges of arrested, or held to bail on mean process, during his going unto, returning from, or his attending the general assembly. Governor and punish. 14 Gray, 226. XI. The senate shall have the same powers in the like Senate. cases; and the governor and council shall have the same council may authority to punish in like cases: provided, that no impris-eneral limitaonment on the warrant or order of the governor, council, tion. senate, or house of representatives, for either of the above described offences, be for a term exceeding thirty days. And the senate and house of representatives may try Trial may be by 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. committee, or Governor. His title. To be chosen annually. Qualifications. Requirement of ration abolished By whom cho. votes. Time of elec tion changed by amendments, Art. X., and changed again Art. Art. II. CHAPTER II. EXECUTIVE POWER. SECTION I. Governor. ARTICLE I. 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 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 by amendments, 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 As to cities, see record of the same in the town books, and a public declaamendments, ration 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 when no person and published; [but if no person shall have a majority of Time changed to first Wednes day of January by amendments, Art. X. Changed to plurality by amendments, Art. XIV. How chosen, has a majority. 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.] governor and IV. The governor shall have authority, from time to Power of gov time, at his discretion, to assemble and call together the granof councillors of this commonwealth for the time being; and council. 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. 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; 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. [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 prorogue the and convene May adjourn or general court upon request, the same. tion, see amend mente, Art. X. As to dissolu As to dissolu tion, see amend. ments, Art. X. Governor and council may eral court in adjourn the gen. cases, etc., but not exceeding ninety days. Governor to be commander-in chief. Limitation. Governor and council may except, etc. 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 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. VIII. The power of pardoning offences, except such pardon offences, 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 no charter of pardon, granted by the governor, with advice of the council But not before 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. conviction. 109 Mass. 323. Judicial offcers, etc., how IX. All judicial officers, [the attorney-general,] the solicitor-general, [all sheriffs,] coroners, [and registers of appointedsions probate,] shall be nominated and appointed by the gov nominated and as to election general, sec of attorney. amendments, Art. XVII. Militia officers, how elected. Limitation of ernor, 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.. For provision as to election of sheriffs, registers of probate, etc., see amendments, Art. XIX. For provision as to appointment of notaries public, see amendments, Art. IV. 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;] the field officers of regiments shall ments, Art. V. 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; and such officers, so elected, shall be com- How commis missioned by the governor, who shall determine their rank. sioned. age struck out The legislature shall, by standing laws, direct the time Election of and manner of convening the electors, and of collect- oficers. ing votes, and of certifying to the governor, the officers elected. how appointed The major-generals shall be appointed by the senate and Major-generals, house of representatives, each having a negative upon the and commisother; and be commissioned by the governor. For provisions as to appointment of a commissary-general, see amendments, Art. IV. sioned. filled, in case, etc. And if the electors of brigadiers, field officers, captains Vacancies, how 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. [And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in courtmartial, pursuant to the laws of the commonwealth for the time being.] 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. officers duly how removed. Superseded by Art. IV. commissioned, amendments, Adjutants, etc., how appointed. The governor, with advice of council, shall appoint all Army officers, officers of the continental army, whom by the confedera- how appointed. tion of the United States it is provided that this commonwealth shall appoint, as also all officers of forts and garrisons. militia. The divisions of the militia into brigades, regiments, and Organization of 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. |