bers present, it shall have the force of a law. But in all fuch cafes, the votes of both Houses shall be determined by yeas and nays; and the names of the perfons voting for or against the faid bill or refolve, shall be entered upon the public records of the Commonwealth.

if

And in order to prevent unnecessary delays,

any bill or refolve shall not be returned by the Governor within five days after it thall have been prefented, the fame fhall have the force of a law.

III. The General Court shall for ever have full power and authority to erect and conftitute judicatories and courts of record, or other courts, to be held in the name of the Commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, proceffes, plaints, actions, matters, caufes, and things whatfoever, arifing or happening within the Commonwealth, or between or concerning perfons inhabiting, or refiding, or brought within the fame, whether the fame be criminal or civil, or whether the faid crimes be capital or not capital, and whether the faid pleas be real, perfonal, or mixed; and for the awarding and making out of exe

cution thereupon: to which courts and judicatories are hereby given and granted full pow

er and authority from time to time to administer oaths or affirmations, for the better difcovery of truth in any matter in controverfy or depending before them.

IV. And further, full power and authority are hereby given and granted to the said General Court from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, fo as the fame be not repugnant or contrary to this Conftitution, as they fhall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof and of the fubjects of the fame, and for the neceffary support and defence of the government thereof; and to name and fettle annually, or provide by fixed laws, for the naming and fettling all civil officers within the faid Commonwealth, the election and conftitution of whom are not hereafter in this form of government otherwise provided for; and to fet forth the feveral duties, powers, and limits, of the feveral civil and military

E 3

military officers of this Commonwealth, and the forms of fuch oaths or affirmations as fhall be respectively adminiftered unto them for the execution of their feveral offices and places, so as the fame be not repugnant or contrary to this Constitution; and to impose and levy proportional and reasonable affeffments, rates, and taxes, upon all the inhabitants of, and perfons refident, and estates lying within the said Commonwealth; and alfo to impose and levy reasonable duties and excifes upon any produce, goods, wares, merchandizes, and commodities whatsoever, brought into, produced, manufactured, or being within the fame, to be issued and difpofed of by warrant under the hand of the Governor of this Commonwealth for the time being, with the advice and confent of the Council, for the public fervice, in the neceffary defence and fupport of the government of the faid Commonwealth, and the protection and preservation of the subjects thereof, according to fuch acts as are or shall be in force within the fame.

And while the public charges of government, or any part thereof, fhall be affeffed on polls and estates, in the manner that has hither

to

to been practifed; in order that fuch affeffments may be made with equality, there shall be a valuation of eftates within the Commonwealth taken anew once in every ten years at the least, and as much oftener as the General Court fhall order.

§. 2.

SENATE.

I. THERE shall be annually elected by the freeholders and other inhabitants of this Commonwealth, qualified as in this Constitution is provided, forty perfons to be Councillors and Senators for the year enfuing their election, to be chofen by the inhabitants of the districts into which the Commonwealth may from time to time be divided by the General Court for that purpose. And the General Court, in affigning the numbers to be elected by the respective districts, fhall govern themfelves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the Commonwealth, the limits of

each district, and the number of Councillors and Senators to be chofen therein; provided that the number of fuch diftricts fhall be never

less than thirteen, and that no diftrict be fo large as to entitle the same to chuse more than fix Senators.

And the feveral counties in this Commonwealth fhall, until the General Court shall determine it neceffary to alter the said districts, be districts for choice of Councillors and Senators (except that the counties of Dukes-county and Nantucket fhall form one diftrict for that purpose), and shall elect the following number for Councillors and Senators, viz.

II. The Senate fhall be the firft branch of the legislature; and the Senators fhall be chofen in the following manner, viz. There shall be a meeting on the first Monday in April annually,

forever,