of equality, every corporate town containing one hundred and fifty rateable polls, may elect one representative: every corporate town containing three hundred and seventy-five rateable polls, may elect two representatives: every corporate town containing six 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 shall hereafter be incorporated with the privilege of electing a representative, unless there are, within the same, one hundred and fifty rateable polls.

And the house of representatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution.

The expenses of travelling to the general assembly, and returning home, once in every session and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.

3. Every member of the house of representatives shall be chosen by written votes; and for one year at least next preceding his election shall have been an inhabitant of, and have been seized in his own right of a freehold of the value of one hundred pounds within, the town he shall be chosen to represent, or any rateable estate, to the value of two hundred pounds; and he shall cease to represent the said town immediately on his ceasing to be qualified as aforesaid.

4. Every male person (being twenty-one years of age, and resident of any particular town in this commonwealth, for the space of one year next preceding) having a freehold estate within the same town, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to vote in the choice of a representative, or representatives, for the said town.

5. The members of the house of representatives shall be chosen annually, in the month of May, ten days, at east, before the last Wednesday of that month.

6. The house of representatives shall be the grand in

quest of this commonwealth; and all impeachments, made by them, shall be heard and tried by the senate.

7. All money bills shall originate in the house of representatives: but the senate may propose or concur with amendments, as on other bills.

8. The house of representatives shall have power to adjourn themselves; provided such adjournment shall not exceed two days at a time.

9. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.

10. 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 their rules and orders of proceeding in their own house. They shall have authority to punish, by imprisonment, every person (not a member) who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour în 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 therefore; 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.

And no member of the house of representatives shall be arrested or held to bail on mesne process, during his going into, returning from, or his attending to the general assembly.

11. The senate shall have the same powers in the like cases; and the governor and council shall have the same authority to punish in like cases: provided, that no imprisonment, on the warrant or order of the governor, council, 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 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.

G

CHAP. 2.-SECTION 1.

EXECUTIVE POWER.

Governor.

Article 1. 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.

2. 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 seized, 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 religi

on.

3. 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 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 record of the same in the town books, and a public declaration thereof in the said meeting; and shall in the presence of the inhabitants, seal up copies of the said lists, 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 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 and published. But if no person shall have a majority of 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 persons so elected; on which the senate shall, by ballot, elect one, who shall be declared governor

4. The governor shall have authority from time to time, at his discretion, to assemble and call together the councellors of this commonwealth for the time being; and the governor, with the said councellors, 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.

5. The governor, with the 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 prevaling in the place where the said court is next, at any time, to convene, or any 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 of the most convenient places within the state. And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.

6. 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, and the public good shall require.

7. The governor of this commonwealth, for the time being, shall be 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 milita and navy; and, for the special defence and safety of the 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 arm

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 or 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 goods) as shall, in a hostile manner invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be entrusted 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.

8. The power of pardoning offences, except such 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, 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.

9. All judicial officers, the attorney general, the solicitor general, all sheriffs, coroners, and registers of probate, shall be nominated and appointed by the governor, by and with the advice and consent of the council; and every such nomination shall be made by the governor, and made at least ven days prior to such appointment.