this Commonwealth for the time being, with the advice and confent of the council, for the public fervice, in the necellary defence and fupport of the government of the faid Commonwealth, and the protection and prefervation of the fubjects thereof, according to fuch afts as are or fhall be in force within the fame.

And while the public charges of government, or any part thereof, shall be affeffed on polls and eftates, in the manner that has hitherto been practiied; in order that fuch affeffments may be made with equality, there shall be a valuation of estates within the Commonwealth taken anew once in every ten years at the leaft, and as much oftener as the general court shall order.

SENATE,

I. There fhall be annually elected by the freeholders and other inhabitants of this Commonwealth, qualified as in this conftitution is provided, forty perfons to be counsellors and Senators for the year enfuing their election, to be chofen by the inhabitants of the diftricts into which the Commonwealth may from time to time be divided by the general court for that purpole. And the general court, in afligning the numbers to be elected by the refpective districts, fhall govern themselves by the proportion of the public taxes paid by the faid diftricts, and timely make known to the inhabitants of the Commonwealth, the limits of each district, and the number of counsellors and fenators to be chofen therein, provided that the number of fuch districts fhall be never lefs than thirteen, and that no diftrict be fo large as to entitle the fame to chufe more than fix fenators.

And the feveral counties in this Commonwealth fhall, until the general court fhall determine it neceffary to alter the faid districts, be districts for the choice of counfellors and fenators (except that the counties of Dukes county and Nantucket, fhall form one district for that purpofe) and fhall elect the following number for counfellors and fenators, viz.

11. The fenate fhall be the firft branch of the legislature; and the fenators shall be chosen in the following manner, viz. there fhall be a meeting on the first Monday in April annually, for ever, of the inhabitants of each town in the feveral counties of this Commonwealth, to be called by the felett men, and warned in due course of law, at least seven days before the first Monday in April, for the purpofe of electing perfons to be fenators and counsellors: and at fuch meetings every male inhabitant of twenty-one years of age and upwards, having a freehold eftate within the Commonwealth of the annual income of three pounds, or any eftate of the value of fixty pounds, fhall have a right to give his vote for the fenators for the district 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 State, in that town, district, or plantation, where he dwelleth, or hath his home.

The select men of the feveral towns fhall prefide at fuch meetings impartially, and fhall receive the votes of all the inhabitants of fuch towns prefent, and qualified to vote for fenators, and fhall fort and count them in open town-meeting, and in prefence of the town clerk, who fhall make a fair record, in prefence of the felect men, 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 felect men and the town clerk, and fhall be fealed up, directed to the secretary of the Commonwealth for the time being, with a fuperfcription expreffing the purport of the contents thereof, and delivered by the town clerk of such towns to the fheriff of the county in which such 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 fheriff of each county fhall deliver all fuch certificates by him received into the fecretary's office feventeen days before the faid last 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 towards the support of government, fhall have the fame privilege of voting for counsellors and fenators in the plantations where they refide, as town inhabitants have in their respective towns; and the plantation meetings for that purpofe fhall be held annually on

the fame first Monday in April, at fuch place in the plantations respectively as the affeffors thereof fhall direct; which affeffors fhall have like authority for notifying the electors, collecting and returning the votes, as the felect men and town clerks have in their several 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, fhall have the privilege of giving in their votes for counfellors and fenators, in the town where they fhall be affeffed, and be notified of the place of meeting by the felect men of the town where they fhall be affeffed, for that purpofe accordingly.

III. And that there may be a due convention of fenators on the last 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 faid day he fhall iffue his fummons to fuch perfons as fhali 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 Senate 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 Wednefday in May annually, deterinine 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 ele&ed by a majority of votes for any diftrict, the deficiency fhall be fupplied in the following manner, viz. The members of the House of Reprefentatives, and fuch fenators as shall be declared elected, shall take the names of fuch perfons as fhall be found to have the highest number of votes in fuch diftrict, and not elect ed, 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 fuficient to fill up the vacancies in fuch district, and in this manner all fuch vacancies fhall be filled in every district of the Commonwealth; and in like manner all vacancies in the Senate, aring by death, removal out of the rotherwise, fhall be fuppled as foon as may be, after cies fall happen.

V. Provided nevertheless, that no perfon fhall be capable of being elected as a fenator, who is not feifed in his own right of a freehold within this Commonwealth of the value of three hundred pounds at leaft, or poffeffed of perfonal estate to the value of fix hundred pounds at least, 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 shall be an inhabitant in the diftri&t for which he fhall be chosen.

VI. The Senate fhall have power to adjourn themselves, provided fuch adjournments do not exceed two days at a time. VII. The Senate fhall chufe its own prefident, appoint its own officers, and determine its own rules of proceedings.

VIII. The Senate 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 misconduct and mal-administration in their offices. But previous to the trial of every impeachment, the members of the Senate fhall refpectively be fworn, truly and impartially to try and determine the charge in queftion according to evidence. Their judgment, however, fhall not extend further than to removal from office, and difqualification to hold or enjoy any place or honour, truft, 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 lefs than fixteen members of the Senate fhall confitute a quorum for doing business.

HOUSE OF REPRESENTATIVES.

1. There fhall be in the legiflature 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 reprefentation of the citi zens of this Commonwealth founded on the principle of equa lity, 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 reprefentatives; and proceeding in that manner, making two hundred and twentyC c

Vol. II.

five rateable polls, the men increasing number for every addi tion 1 reprefent tive.

Provided nevertheless, that each town now it corporated, not having one hundre} and fifty rate ble polls, may clift cne repretative: but no hice fill here fier be incorporated with the privilege of electing a reprefentative, unlets there are within the fame one hundred and fity toble polls.

And the Hofe of Reprefentatives all have power from time to time to impofe fins upen fach towns as in 11 neglect to chufe and return members to the fame, agree bly to this confitution.

The expences of travelling to the genes affen.bly, and returning home once in every fefion and no more, full be pe'd by the government cut of the public treafury, to emery member who fhill attend as fe fonably as he can, in the judg ment of the Houle, and does not depart without leave.

III. Every men her of the Hofe of Reprefentatives fna.! be chien by written votes; and for one year at len next preceding the dection fhoill have been an inhabitant of, and have ben felfed in his own right of a freehold of the value of one hundre 1 pounds within the town he fill be ch len to reprefent, or any rateable efte to the value of two hundred pounds; and he fall cese to reprefent the flid town, immediately on his cefing to be qualified as aforech. 1.

IV. Every mile perfon, being twenty-one years of ree. and rcfident in any particular town in this Commonwealth for the face of one yer next prec-ding, having a frech a eftate within the fame town, of the annual incore of three pounds, or any eft:te of the value of fixty punis, thall have a right to vote in the choice of a reprefentative or 12prefentatives for the fad town.

V. The members of the House of Reprefentarizes fa cholen annually in the month of May, ten da 3 at least be fore the hit Wednelday of that month.

VI. The House of Reprefentatives fhall be the grind inqueft of this Commonwelth; and all impe ehm.nt. Inde tv them hll be heard and tried by the Sen to.

VII. All money-bell's fin il originate in the House of Rep fentatives, but the Sunste may prope or concur with amend

2. The Ha of Rymfentatives all are porter Hoof fill