Provision for preserving and

constitution.

XI. This form of government shall be enrolled on publishing this parchment, and deposited in the secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws.

Bill, etc., not

approved within

become a law,

if legislature

adjourn in the

ARTICLES OF AMENDMENT.

ARTICLE I. If any bill or resolve shall be objected to, five days, not to and not approved by the governor; and if the general court shall adjourn within five days after the same shall have been laid before the governor for his approbation, See Const., Ch. and thereby prevent his returning it with his objections, as provided by the constitution, such bill or resolve shall not become a law, nor have force as such.

mean time.

3 Mass. 567.

I., § 1, Art. II.

General court empowered to charter cities.

122 Mass. 354.

ART. II. The general court shall have full power and there authority to erect and constitute municipal or city governments, in any corporate town or towns in this commonwealth, and to grant to the inhabitants thereof such powers, privileges, and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants, in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings. 112 Mass. 200. Provided, that no such government shall be erected or

Proviso.

Qualifications of voters for gov.

ant-governor, Fenators and

representatives. See amend

constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose. And provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court.

ART. III. Every male citizen of twenty-one years of ernor, lieuten age and upwards, excepting paupers and persons under guardianship, who shall have resided within the commonwealth one year, and within the town or district in which he XXX., XXXII. may claim a right to vote, six calendar months next 11 Pick. 538,540. preceding any election of governor, lieutenant-governor, senators, or representatives, [and who shall have paid, by himself, or his parent, master, or guardian, any state

ments, Arts.

and XL.

14 Pick. 341. 14 Mass. 367.

5 Met. 162, 298,

591, 594.

7

122 Mass. 595,

124 Mass. 596.

qualification,

or county tax, which shall, within two years next preced- Gray, 299. ing such election, have been assessed upon him, in any 597. town or district of this commonwealth; and also every For educational citizen who shall be, by law, exempted from taxation, see amend and who shall be, in all other respects, qualified as above mentArt. XX. mentioned,] shall have a right to vote in such election of as to those who governor, lieutenant-governor, senators, and representatives; and no other person shall be entitled to vote in such election.

See also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI.

For provision

have served in

the army or of war, see

navy in time

amendments, Arts. XXVIII. and XXXI.

how appointed

ments, Art. XXXVII.

ART. IV. Notaries public shall be appointed by the Notaries public, governor in the same manner as judicial officers are ap- and removed. pointed, and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the See amendlegislature. [In case the office of secretary or treasurer of the com- Vacancies in the monwealth shall become vacant from any cause, during tary and treasthe recess of the general court, the governor, with the rer, how filled. advice and consent of the council, shall nominate and superseded by appoint, under such regulations as may be prescribed Art. XVII. by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.]

offices of secre

This clause

amendments,

general may be

Whenever the exigencies of the commonwealth shall Commissary. require the appointment of a commissary-general, he shall appointed, in be nominated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe.

case, etc.

how removed.

All officers commissioned to command in the militia Militia officers, may be removed from office in such manner as the legislature may, by law, prescribe.

for captains and

ART. V. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- subalterns. nies, as well those under as those above the age of twentyone years, shall have a right to vote.

ART. VI. Instead of the oath of allegiance prescribed by the constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter on the duties of his office, to wit:

"I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me, GOD."

to be taken Art. I.

by all officers. Ch. VI.,

Provided, That when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word "swear” and inserting, instead thereof, the word "affirm," and omitting the words "So help me, God," and subjoining, instead thereof, the words, "This I do under the pains and penalties of perjury."

ART. VII. No oath, declaration, or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenant-governor, councillors, senators, or representatives, to qualify them to perform the duties of their respective offices.

ART. VIII. No judge of any court of this commonWealth, (except the court of sessions,) and no person holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, or councillor, or have a seat in the senate or house of representatives of this commonwealth; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county attorney, clerk of any court, sheriff, treasurer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and militia offices excepted.

ART. IX. If, at any time hereafter, any specific and particular amendment or amendments to the constitution. be proposed in the general court, and agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed

amendment or amendments to the people; and if they shall be approved and ratified by a majority of the qualified voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth.

of political

and termination.

ART. X. The political year shall begin on the first Commencement Wednesday of January, instead of the last Wednesday of year, May; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the general court shall be dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the. governor. The governor, lieutenant-governor and councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.

choice of gov.

ant-governor,

held.

[The meeting for the choice of governor, lieutenant- Meetings for the governor, senators, and representatives, shall be held on ernor, lieutenthe second Monday of November in every year; but etc., when to be meetings may be adjourned, if necessary, for the choice This clause of representatives, to the next day, and again to the next superseded by succeeding day, but no further. But in case a second Art. XV. meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November.]

All the other provisions of the constitution, respecting the elections and proceedings of the members of the general court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the commencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January.

amendments,

to go into

This article shall go into operation on the first day of Article, when October, next following the day when the same shall be operation. duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of

Inconsistent provisions annulled.

Religious freedom established. See Dec. of Rights, Art.

III.

January then next following, and until others are chosen and qualified in their stead, and no longer; and the first election of the governor, lieutenant-governor, senators, and representatives, to be had in virtue of this article, shall be had conformably thereunto, in the month of November following the day on which the same shall be in force, and go into operation, pursuant to the foregoing provision.

All the provisions of the existing constitution, inconsistent with the provisions herein contained, are hereby wholly annulled.

ART. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted:

"As the public worship of GOD and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses; and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered 122 Mass. 40, 41. into by such society; and all religious sects and denomi

Census of rata

ble polls to be taken in 1837, and decennially

This article was

amendments,

Art. XIII.,

nations, demeaning themselves peaceably, and as good citizens of the commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law."

ART. XII. [In order to provide for a representation of the citizens of this commonwealth, founded upon the thereafter. principles of equality, a census of the ratable polls, in each superseded by city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the secresuperseded by tary's office, in such manner as the legislature shall provide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of May, in manner aforesaid; and each town or city having three hundred rata

which was also

amendments,

Art. XXI. Representatives, how apportioned.