Library
School of
Law
Received
ACTS
RESOLVES
PASSED BY THE
dencral (^omi 4 ^m%u)xntit%,
IN THE YEAR
1912,
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOVERNOE,
LIST OF THE CIVIL GOVERNMENT, TABLES SHOWING
CHANGES IN THE STATUTES, CHANGES OF
NAMES OF PERSONS, ETC., ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH.
BOSTOX:
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1912.
A CONSTITUTION
FORM OF GOVERNMENT
®l|0 Qlomituitmi^altlj of iiaHHarljuH^ttB
PREAMBLE.
The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the body government, politic, to protect it, and to furnish the individuals who compose it Avith the power of enjoying in safety and tran- quillity their natural rights, and the blessings of life : and whenever these great objects are not obtained, the people have a right to alter the government, and to take meas- ures necessary for their safety, prosperity, and happiness.
The body politic is formed by a voluntary association Body politic, of individuals : it is a social compact, by which the whole it°^ature!'^' people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. It is the duty of the people, therefore, in framing a constitution of government, to pro- vide for an equitable mode of making laws, as well as for an impartial interpretation and a faithful execution of them ; that every man may, at all times, find his security in them.
We, therefore, the people of Massachusetts, acknowl- edging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peace-
CONSTITUTION OF THE
ably, without fraud, violence, or surprise, of entering into an original, explicit, and solemn compact with each other ; and of forming a new constitution of civil government, for ourselves and posterity ; and devoutly imploring His direction in so interesting a design, do agree upon, ordain, and establish, the following Declaration of RigJUs, and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.
Equality and natural rights of all men.
Right and duty of public relig- ious worship. Protection therein. 2 Cush. 104. 12 Allen, 129.
PAKT THE FIKST.
A Declaration of the Rights of the Inhabitants of the Commomvealth of Massachusetts.
Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights ; among which may be reckoned the right of enjoying and defend- ing their lives and liberties ; that of acquiring, possess- ing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Amendments, Art. XI. substi- tuted for this.
Legislature empowered to compel provi- sion for public worship ;
II.
It is the right as well as the duty of all men in
societ}^, publicly, and at stated seasons, to worship the Supreme Being, the great Creator and Preserver of the universe. And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worship- ping God in the manner and season most agreeable to the dictates of his own conscience ; or for his religious pro- fession of sentiments ; provided he doth not distm'b the public peace, or obstruct others in their religious worship. III. [As the happiness of a people, and the good order and preservation of civil government, essentially depend upon piety, religion, and morality ; and as these cannot be generally diffused through a community but by the institution of the public worship of God, and of public instructions in piety, religion, and morality : Therefore, to promote their happiness, and to secure the good order and preservation of their government, the people of this commonwealth have a right to invest their legislature with power to authorize and require, and the legislature shall, from time to time, authorize and require, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the institution of the public worship of God, and for
COMMONWEALTH OF MASSACHUSETTS. 5
the support and maintenance of public Protestant teachers of piety, religion, and morality, in all cases where such provision shall not be made voluntarily.
And the people of this commonwealth have also a right attendance^*'^ to, and do, invest their legislature with authority to enjoin thereon. upon all the subjects an attendance upon the instructions of the public teachers aforesaid, at stated times and sea- sons, if there be any on whose instructions they can con- scientiously and conveniently attend.
Provided, notwithstanding, that the several towns, par- Exclusive right ishes, precincts, and other bodies politic, or religious socie- fousteache^s^'^" ties, shall, at all times, have the exclusive right of electing secured. their public teachers, and of contracting with them for their support and maintenance.
And all moneys paid by the subject to the support of ^^om^parochiai public worship, and of the public teachers aforesaid, shall, ^''^^id^ ^ILs^ if he require it, be uniformly applied to the support of the etc. ' public teacher or teachers of his own religious sect or de- nomination, provided there be any on whose instructions he attends ; other^\ase it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said monevs are raised.
And every denomination of Christians, demeaning them- AUdenomina- selves peaceably, and as good subjects of the commonwealth, p^otectld! ^ shall be equally under the protection of the law : and no l^ordination subordination of any one sect or denomination to another anotherpVV-° shall ever be established by law.] hibited.
IV. The people of this commonwealth have the sole Right of self and exclusive right of governing themselves, as a free, fecure™^° sovereign, and independent state ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, which is not, or ma}'- not hereafter be, by them expressly delegated to the United States of America, in Congress assembled.
Y. All power residing originally in the people, and ^f'^aiTcfffic^iw^ being derived from them, the several magistrates and etc. ofiicers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.
VI. No man, nor corporation, or association of men, services ren. have any other title to obtain advantages, or particular pubm;*be^n| and exclusive privileges, distinct from those of the com- p'^cuna^ pnM-^ munity, than what arises from the consideration of ser- iaffofficM'^are vices rendered to the public ; and this title being in absurd and nature neither hereditary, nor transmissible to children,
CONSTITUTION OF THE
Objects of gov- ernment; right of people to institute and change it.
Right of people to secure rota- tion in office.
All, having the qualifications prescribed, equally eligible to office. For the definition of " inhabitant," see Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative. Taxation founded on consent. 16 Mass. 326. 1 Pick. 418. 7 Pick. 344. 12 Pick. 184, 467. 16 Pick. 87. 23 Pick. 360. 7 Met. 388. 4 Gray, 474. 7 Gray, 363. 14 Gray, 154. 1 Allen, 150. 4 Allen, 474.
Private prop- erty not to be taken for public uses without, etc.
See amend- ments. Art. XXXIX. 6 Gush. 327. 14 Gray, 155. 16 Gray, 417, 431.
Remedies, by recourse to the law, to be free, complete and prompt.
or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural.
VII. Government is instituted for the common good ; for the protection, safety, prosperity, and happiness of the people ; and not for the profit, honor, or private interest of any one man, family, or class of men : Therefore the people alone have an incontestable, unalienable, and inde- feasible right to institute government ; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.
VIII. In order to j^revent those who are vested with authority from becoming oppressors, the people have a right, at such periods and in such manner as they shall establish by their frame of government, to cause their public officers to return to private life ; and to fill up vacant places by certain and regular elections and appoint- ments.
IX. All elections ought to be free ; and all the inhab- itants of this commonwealth, having such qualifications as they shall establish by their frame of government, have an equal right to elect officers, and to be elected, for public employments. 122 Mass, 595, 596.
X. Each individual of the society has a right to be protected by it in the enjoj^ment of his life, liberty, and property, according to standing laws. He is obliged, con- sequently, to contribute his share to the expense of this protection ; to give his personal service, or an equivalent, when necessary ; but no part of the property of any indi- vidual can, with justice, be taken from him, or applied to public uses, without his own consent, or that of the repre- sentative body of the people. In fine, the people of this commonwealth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And Avhenever the pub- lic exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. 50, 52,
11 Allen, 530, 106 Mass. 356, 362. 116 Mass. 463. 358, 363, 410, 413,
12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Maes. 559. 100 Mass. 544, 560, 111 Mass. 130.
XI. Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and
cojvbionwealth of ^IASSACHUSETTS. 7
justice freely, and without being obliged to purchase it ; completely, and without any denial ; prompth% and with- out delay ; conformably to the laws.
XII. Xo subject shall be held to answer for any crimes Proeecntions or offence, until the same is fully and plainly, substantially Tpick. 211. and formally, described to him ; or be compelled to accuse, is pick'. 434. or fmniish evidence against himself. And every subject 2^Met.'329^' shall have a right to produce all proofs that ma}' be favor- i^Q^a^^j^^^* able to him ; to meet the witnesses ag-ainst him face to face, & Gray', leo.
... . .8 Gray 320
and to be fully heard in his defence by himself, or his looray, li! counsel, at his election. And no subject shall be arrested, 2 AuTif/seh' imprisoned, despoiled, or deprived of his property, immu- 240^2^° 439^ nities, or privileges, put out of the protection of the law, i2\iien 170 exiled, or deprived of his life, liberty, or estate, but by the 97 Mass/sro, judgment of his peers, or the law of the land. - looMass. 287,
107 Maes. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. lOSMass. 418.
108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 464. 129 Mass. 559.
And the leg-islature shall not make any law that shall Right to tnai
® ... "y jury in
subiect any person to a capital or infamous punishment, criminal cases,
€xcGT)t etc
excepting for the government of the army and navy, with- s Gray, 329, 373.
,.•11 • 103 Mass. 418.
out trial by jury-
XIII. In criminal prosecutions, the verification of facts, crimes to be in the vicinity where the}^ happen, is one of the great- ^iTiluy!" *^^ est securities of the life, liberty, and property of the i2im\'s8!6i 02. citizen.
XIV. Every subject has a rio^ht to be secure from all Right pf search
1, T.^ e' 1 • !• ^^^ seizure
unreasonable searches, and seizures, of his person, his regulated.
, , . J 11 1 • • ill ^ Const, of U. 8.,
nouses, his papers, and all his possessions. All warrants, Amend'tiv. therefore, are contrary to this right, if the cause or founda- 5Cush. 369. tion of them be not previously supported by oath or affir- l3^rly,^454. mation, and if the order in the warrant to a civil officer, to Joo^Mas"' m make search in suspected places, or to arrest one or more }^^-^
-, ^ t 1 . 126 Mass. 269,
suspected persons, or to seize their propert}^ be not accom- 273. panied with a special designation of the persons or objects of search, arrest, or seizure : and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.
XV. In all controversies concerning propert}^ and in Right to tnai all suits between two or more persons, except in cases in exceptfete"^ * which it has heretofore been otherways used and practised, Amend*^t vil'' the parties have a right to a trial b}^ jury ; and this method ^ Pick. 382. of procedure shall be held sacred, unless, in causes arisina^ 5 Gray, 144.
ii 1 • 1 1 1 1 . , • •> ® 8 Gray, 373.
on the hio;h seas, and such as relate to mariners wag-es, 11 Alien, 574, the legislature shall hereafter find it necessary to alter it. io2'Mas8.45,47.
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. 120 Mass. 320, 321. 123 Mass. 590, 593. 128 Maes. 600.
CONSTITUTION OF THE
Liberty of the press.
Right to keep and bear arms. Standing armies dangerous. Military power subordinate to civil. 5 Gray, 121.
Moral qualifica- tions for office.
Moral obliga- tions of law- givers and magistrates.
Right of people to instruct rep- resentatives and petition legislature.
Power to sus- pend the laws or their execu- tion.
Freedom of de. bate, etc., and reason thereof.
Frequent ses- Bions, and ob- jects thereof.
Taxation founded on consent. 8 Allen, 247.
XVI. The liberty of the press is essential to the secu- rity of freedom in a state : it ought not, therefore, to be restrained in this commonwealth.
XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature ; and the military power shall always be held in an exact subor- dination to the civil authority, and be governed by it.
XVIII. A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piet}", justice, moderation, temperance, indus- try, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular atten- tion to all those principles, in the choice of their officers and representatives : and they have a right to require of their lawgivers and magistrates an exact and constant observance of them, in the formation and execution of the laws necessarv for the o-ood administration of the common- wealth.
XIX. The people have a right, in an orderly and peace- able manner, to assemble to consult upon the common good ; give instructions to their representatives, and to request of the legislative body, by the way of addresses, petitions, or remonstrances, redress of the wrongs done them, and of the grievances they suffer.
XX. . The power of suspending the laws, or the execu- tion of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exer- cised in such particular cases only as the legislature shall expressly provide for.
XXI. The freedom of deliberation , speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever.
XXn. The legislature ought frequently to assemble for the redress of grievances, for correcting, strengthening, and confirming the laws, and for making new laws, as the common good may require.
XXIII. No subsidy, charge, tax, impost, or duties ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people or their representatives in the legislature.
COMMONWEALTH OF MASSACHUSETTS. 9
XXIV. Laws made to punish for actions done before ex post facto the existence of such laws, and which have not been de- vi'mxI^^ii^'^' clared crimes by preceding laws, are unjust, oppressive, ''^•^> ^^s. 434. and inconsistent with the fundamental principles of a free government.
XXV. No subject ought, in any case, or in any time. Legislature not to be declared guilty of treason or felon}^ by the legis- treaso^.^etc! lature.
XXVI. No magistrate or court of law shall demand o/finel'^arKT" excessive bail or sureties, impose excessive fines, or iniiict cmei pAnish.
- 1 • 1 ments, pro-
cruel or unusual punishments. 5 Gray, 482. hibued.
XXVII. In time of peace, no soldier ought to be quar- No soldier to be tered in any house without the consent of the owner ; and houfeT^iess"^ in time of war, such quarters ought not to be made but ^^^'
by the civil magistrate, in a manner ordained by the legis- latiu'e.
XXV 111. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, tia°Cunte8?,*etc. except those emploj^ed in the army or navy, and except the militia in actual service, but by authority of the legis- lature.
XXIX. It is essential to the preservation of the rights Judges of su- of every individual, his life, liberty', property, and charac- court? ^""^'"^^ ter, that there be an impartial interpretation of the laws, f ^^'^■'472. and administration of iustice. It is the rio'ht of every f ^JJ*^"'- ^^^
.,,.•', „ . ^ •' ^ Allen, 38a.
Citizen to be tried b}^ judges as free, impartial, and inde- 105 Mass. 219, pendent as the lot of humanit}^ will admit. It is, therefore, TeAure'of their not onl}^ the best policy, but for the security of the rights °^*'^' of the people, and of every citizen, that the judges of the supreme judicial court should hold their offices as long as they behave themselves well ; and that the}^ should have honorable salaries ascertained and established by standing Salaries. laws .
XXX. In the government of this commonwealth, the separation of legislative department shall never exercise the executive ciTi^anTiei'is-" and judicial powers, or either of them : the executive shall i^enfg.'^®^^''*' never exercise the legislative and judicial powers, or either l^^^ lei of them : the iudicial shall never exercise the lesfislative s Auen;247,253.
, ,. .1 ^ , i^T. 100 Mass. 282,
and executive powers, or either 01 them : to the end it 286.
1 j_ t' t T , f 114 Mass, 247,
may be a government 01 laws and not of men. 249,
116 Mass, 317, 129 Mass. 559.
10
CONSTITUTION OF THE
Title of body politic.
PART THE SECOND.
TJie Frame of Government,
The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutually agree ivith each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts.
CHAPTER I
Legislative department.
For change of time, etc., see amendments, Art.X.
Governor's
veto.
99 Mass. 636.
Bill may be passed by two- thirds of each house, notwith standing.
THE LEGISLATIVE POWER.
Section I. The General Court.
Article I. The department of legislation shall be formed by two branches, a Senate and House of Represent- atives ; each of which shall have a negative on the other.
The legislative body shall assemble every year [on the last Wednesday in May, and at such other times as they shall judge necessary ; and shall dissolve and be dissolved on the day next preceding the said last Wednesday in May ;] and shall be styled. The General Court of Massachusetts.
II. No bill or resolve of the senate or house of repre- sentatives shall become a law, and have force as such, until it shall have been laid before the governor for his revisal ; and if he, upon such revision, approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the senate or house of representatives, in whichsoever the same shall have originated ; who shall enter the objections sent down by the governor, at large, on their records, and proceed to reconsider the said bill or resolve. But if after such reconsideration, two-thirds of the said senate or house of representatives, shall, notwith- standing the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, Avhere it shall also be reconsid- ered, and if approved by two-thirds of the members pres- ent, shall have the force of a laAV : but in all such cases,
COMMONWEALTH OF MASSACHUSETTS. 11
the votes of both houses shall be determined by yeas and nays ; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the commonwealth.
And in order to prevent unnecessary delays, if any bill in°ca^se*^oFad° or resolve shall not be returned by the governor within thrge^emi'** five da3^s after it shall have been presented, the same shall the five daj^,
have the force of a law. 3 Mass. 567. see amend. '
meutg, Art. I.
III. The general court shall forever have full power General court and authorit}^ to erect and constitute judicatories and j^dlcatorVesy*^ courts of record, or other coiu-ts, to be held in the name o?d"e\c°.* '^^'^' of the commonwealth, for the hearinor, tryino-, and deter- ^^^^^^'' ^: ,.
-, „ /• . rr- ^ -^ -, '^ 12Gray,14(,
mining 01 all manner ot crimes, oiiences, pleas, processes, 154.
plaints, actions, matters, causes, and things, whatsoever,
arising or happening within the commonwealth, or between
or concerning persons inhabiting, or residing, or brought
within the same : whether the same be criminal or civil,
or whether the said crimes be capital or not capital, and
whether the said pleas be real, personal, or mixed ; and
for the awarding and making out of execution thereupon.
To which com'ts and iudicatories are hereby g-iven and courts etc.,
1/.11 V ,. „ ."^^. may administer
granted luU power and authority, from time to time, to oaths. administer oaths or affirmations, for the better discover}' of truth in any matter in controversy or depending before them.
IV. And further, full power and authority are hereby General court given and granted to the said general court, from time to TttJ^^^^ ^^ ' time to make, ordain, and establish, all manner of whole- 4Aifen',473. some and reasonable orders, laws, statutes, and ordinances, ^g^^^^"'"^' directions and instructions, either with penalties or with- 102^^88.544. out ; so as the same be not repugnant or contrary to this ije iiass. 467, constitution, as they shall judge to be for the good and may enact welfare of this commonwealth, and for the government repi^gnlnt to * and ordering thereof, and of the subiects of the same, and the constitution.
x-i Ti/-/.! '6 Allen, 3o8.
tor the necessary support and deience ot the government thereof; and to name and settle annually, or provide by may provide fixed laws for the naming and settling, all civil officers orVppoiutmen't within the said commonwealth, the election and consti- ii5°MaBB?602. tution of whom are not hereafter in this form of govern- ment otherwise provided for ; and to set forth the several th"r dutfe^."^^ duties, powers, and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations as shall be respectivel}^ administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to
12 CONSTITUTION OF THE
mT^m 0°^* ^^^^ constitution ; and to impose and levy proportional taxes, etc. and reasonable assessments, rates, and taxes, upon all the 5 Allen ,'428.' inhabitants of, and persons resident, and estates lying, s Allen,' 247 ,'253. Avithin the Said commonwealth; and also to impose and n AUeS' 268.' Icvy reasonable duties and excises upon any produce, 235^23T'24o' ^^^' goods, warcs, merchandise, and commodities, whatsoever, »?o'nnA'fH' broui^ht into, produced, manufactured, or being within
616, oUU, blJ. o ' ^ , T/»i 1
98 Mass. 19. the sauic ; to be issued and disposed ot by Avarrant, under
101 Mass! 57o', tlic liaud of the orovernor of this commonAvealth for the
los'Mass. 267. tiuic bciug, with the advice and consent of the council,
114 Mass. 388, ^^^ ^^iq public scrvicc, in the necessary defence and sup-
118 Mass' 386* P^i't of the government of the said commonwealth, and
i23'm ss 493' protection and preservation of the subjects thereof,
495. " ' accordino^ to such acts as are or shall be in force within
127 Mass. 413. , ®
may impose tllC SaillC .
dlsposedo/for^ ^^^cl whilc the public charges of government, or any tion'^etc^^'^^'^''' P^^'^ thereof, shall be assessed on polls and estates, in the 8 Alien, 247, 256. manner that has hitherto been practised, in order that ^tltes'oDce^in such asscssuicnts ma}^ be made with equality, there shall ieasrwhiie,*etc. t>e a valuatiou of estates within the commonwealth, taken 126 MaB's"*5^47 ^^^sw oucc in cvciy ten years at least, and as much oftener as the general court shall order.
For the authority of the general court to charter cities, see amendments, Art. II.
CHAPTER I.
Section II.
Senate.
orandbT""^" Article I. [There shall be annually elected, by the Bu^e'^BedeTby freeholders and other inhabitants of this commonwealth, araendraentB, qualified as in this constitution is provided, forty persons which was' also to bc couucillors and senators for the year ensuing their aZTudments,^ clcction ; to bc choscu by the inhabitants of the districts Art. XXII. jj^^Q which the commonwealth may, from time to time, be divided by the general court for that purpose : and the general court, in assigning the numbers to be elected by the respective districts, shall govern themselves by the pro- portion of the public taxes paid by the said districts ; and toco^Jnduifrs"^ timcly make known to the inhabitants of the common- ment" Ar" wcalth the liiiiits of each district, and the number of coun- XVI.' ■ cillors and senators to be chosen therein ; provided, that the number of such districts shall never be less than thir-
COMMONWEALTH OF MASSACHUSETTS. 13
teen ; and that no district be so large as to entitle the same to choose more than six senators.
And the several counties in this commonwealth shall, ^ °strictT u°nui until the general court shall determine it necessary to etc alter the said districts, be districts for the choice of coun- cillors and senators, (except that the counties of Dukes County and Nantucket shall form one district for that pur- pose) and shall elect the following number for councillors and senators, viz. : — Sufiblk, six ; Essex, six ; Middlesex, five ; Hampshu'e, four ; Plymouth, tliree ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one ; Worcester, five : Cumberland, one ; Lincoln, one ; Berkshire, two.]
II. The senate shall be the first branch of the legislat- Manner and
. . o time of choosing
ure : and the senators shall be chosen in the following man- senators and
councillors S66
ner, viz. : there shall be a meeting on the [fii'st Monday in amendments, April,] annually, forever, of the inhabitants of each town xv!'a"s'*° in the several counties of this commonwealth ; to be called amendment, by the selectmen, and warned in due course of law, at p^^^^^j^j^j^g ^^^ ^^ least seven davs before the [first Monday in April,] for qualifications of
%. L -^ 1 voters, euper-
the purpose or electino; persons to be senators and coun- seded by amend-
. . ••• merits Arts
cillors ; [and at such meetings every male inhabitant of iir., xx., twent^^-one 3^ears of age and upwards, having a freehold xxx"xxxi. estate within the commonwealth, of the annual income of word^hi^habi- three pounds, or any estate of the value of sixty pounds, ^^e^^lislffm^end shall have a rio-ht to s'ive in his vote for the senators for meats, Art.
o o _ XXIII which
the district of which he is an inhabitant.] And to remove was annulled by all doubts concerning the meaning of the word " inhabi- li'^oray, 21." tant" in this constitution, ever}^ person shall be considered 122 Mass. 095, 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 selectmen of the several towns shall preside at selectmen to
, . . .,, Tin •! c preside at town
such meetings impartially ; and shall receive the votes 01 meetings. all the inhabitants of such towns present and qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the town clerk, Return of votes. who shall make a fair record, in presence of the select- men, and in open town meeting, of the name of every person voted for, and of the number of votes against his name : and a fair copy of this record shall be attested by a s to cities, see
.1 1 11 11 iini 11 amendments,
the selectmen and the town clerk, and shall be sealed up, Art. 11. directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport
14
CONSTITUTION OF THE
Time changed to first Wednes- day of January. See amend- ments, Art. X.
Inhabitants of unincorporated plantations, who pay state taxes, may vote.
Plantation meetings. Time of elec- tion changed by amendments, Art. XV. Assessors to notify, etc.
Governor and council to ex- amine and count votes, and issue summonses. Time changed to first Wednes- day in January by amendments, Art. X. Majority changed to plurality by amendments, Art. XIV.
Senate to be final judge of elections, etc.,
of the contents thereof, and delivered by the town clerk of such towns, to the sheriff of the county in which such town lies, thu^ty days at least before [the last Wednes- day in May] annuallj^ ; or it shall be delivered into the secretary's oiEce seventeen days at least before the said [last AVednesday in May :] and the sheriff of each county shall deliver all such certificates by him received, into the secretary's office, seventeen days before the said [last Wednesday in Ma3^]
And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon them- selves toward the support of government, shall have the same privilege of voting for councillors and senators in the plantations where they reside, as town inhabitants have in their respective towns ; and the plantation meet- ings for that purpose shall be held annuall}^ [on the same first Monday in April] , at such place in the plantations, respectivel}^ as the assessors thereof shall direct ; which assessors shall have like authority for notifying the elec- tors, collecting and returning the votes, as the selectmen and town clerks have in their several towns, by this con- stitution. And all other persons living in places unincor- porated (qualified as aforesaid) who shall be assessed to the support of government by the assessors of an adjacent town, shall have the privilege of giving in theu' votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting by the selectmen of the town where they shall be assessed, for that purpose, accordingly.
III. And that there may be a due convention of sena- tors on the [last Wednesday in Ma}^] annually, the gov- ernor with five of the council, for the time being, shall, as soon as may be, examine the returned copies of such records ; and fourteen days before the said day he shall issue his summons to such persons as shall appear to be chosen by [a majority of] voters, to attend on that day, and take their seats accordingly : provided, nevertheless, that for the first year the said returned copies shall be examined by the president and five of the council of the former constitution of government ; and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid.
IV. The senate shall be the final judge of the elec- tions, returns and qualifications of their own members, as
COMMOXAVEALTH OF MASSACHUSETTS. 15
pointed out in the constitution; and shall, [on the said of us own mem. last Wednesday in ^lay] annually, determine and declare Time changed who are elected by each district to be senators [by a day of January majority of votes; and in case there shall not appear to nientsf Irt. x. be the full number of senators returned elected by a ^^nged to majority of votes for any district, the deficiency shall be Amendments supplied in the following manner, viz. : The members of Art.xiv. the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for ; and out of these shall elect by ballot a number of 5^?''^°"®*' ^°'^ senators sufficient to fill up the vacancies in such district ; changed to and in this manner all such vacancies shall be filled up in pe^op'ie^ ^ every district of the commonwealth ; and in like manner nfe^nt8?Art. all vacancies in the senate, arising by death, removal out ^^^-^^^'^• of the state, or otherwise, shall be supplied as soon as may be, after such vacancies shall happen.]
y. Provided, nevertheless, that no person shall be Qualifications capable of being elected as a senator, [who is not seised Prope^rty quau- in his own right of a freehold, within this commonwealth, ,S°"''''°'' of the value of three hundred pounds at least, or possessed ^^e^nt™Art of personal estate to the value of six hundred pounds at ^^^\- ^
1 (»ii 1 /•! 1-11 -'^'"" further pro-
least, or ot both to the amount oi the same sum, and] who vision as to has not been an inhabitant of this commonwealth for the also amen'd-^^ space of five years immediately preceding his election, and, xxu.' '^'^*" at the time of liis election, he shall be an inhabitant in the district for which he shall be chosen.
VI. The senate shall have power to adjourn themselves, senate not to provided such adjoiu*nments do not exceed two days at a thlnTwo'dayV. time.
VII. The senate shall choose its own president, ap- staii choose
. . ^ ' ^ . Its oflicers and
point its own officers, and determine its own rules oi establish its
1 . rules.
proceedings.
VIII. The senate shall be a court with full authority . ^^'*^*^'''^ to hear and determine all impeachments made by the
house of representatives, against any officer or officers
of the commonwealth, for misconduct and mal-administra-
tion in their offices. But previous to the trial of eveiy
impeachment the members of the senate shall respectively
be sworn, truly and impartialh^ to try and determine the Oath.
charge in question, according to evidence. Their judg- Limitation of
ment, however, shall not extend fiu'ther than to removal
from office and disqualification to hold or enjoy an}' place
16
CONSTITUTION OF THE
Quorum. See amendments, Arts. XXII. and XXXin.
of honor, trust, or profit, under this commonwealth ; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment, according to the laws of the land.
IX. [Not less than sixteen members of the senate shall constitute a quorum for doing business.]
Representation of the people.
Representa- tives, by whom chosen. Superseded by amendments, Arts.Xll. and XIII., which were also superseded by amendments. Art. XXI. 7 Mass. 523.
Proviso as to towns having less than 150 ratable polls.
Towns liable to fine in case, etc.
Expenses of travelling to and from the general court, how paid. Annulled by Art. XXXV.
Qualifications of a repre- sentative.
CHAPTER I. Section III.
House of Representatives.
Article I. There shall be, in the legislature of this commonwealth, a representation of the people, annually elected, and founded upon the principle of equality.
II. [And in order to provide for a* representation of the citizens of this commonwealth, founded upon the prin- ciple of equality, every corporate town containing one hundred and fift}^ ratable polls may elect one represents ative ; every corporate town containing three hundred and sevent3^-five ratable polls may elect two representa- tives ; every corporate town containing six hundred ratable polls may elect three representatives ; and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative.
Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative ; but no place shall hereafter be incor- porated with the privilege of electing a representative, unless there are within the same one hundred and fifty ratable 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, agree- ably 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.]
III. Every member of the house of representatives shall be chosen by written votes ; [and, for one 3^ear at
'^COMMONWEALTH OF MASSACHUSETTS. 17
least next precedino- his election, shall have been an inhab- Kewprovieion
., ,rt jr, ? ' J ' i^' • i,i. i? i? as to residence.
itant oi, and have been seised m his own right oi a tree- seeamend- hold of the value of one hundred pounds within the tow^n xxl*'"^'^*' he shall be chosen to represent, or any ratable estate to fcauous aTol"' the value of two hundred pounds : and he shall cease to ishedbyamend-
- ,-, .^,.1 ,. . , ments, Art.
represent the said town immediately on his ceasing to be xiii. qualified as aforesaid.]
IV. fEverv male person, beino- twentv-one years of Qualifications
J- . y . ^ . , *= .■ 1 . ' of a voter.
age, and resident m any particular town in this common- These pro- lyl i* xi !»' J. T 1 • visions Ruper-
wealth tor the space ot one year next preceding, having a seded by freehold estate within the said town of the annual income A?tTm!°xx., of three pounds, or any estate of the value of sixty pounds, ^x^^xxxi shall have a right to vote in the choice of a representative ?;°d xxxu. or representatives for the said town.] ments, Art.
V. [The members of the house of representatives shall wasannuTiedby be chosen annually in the month of jNIav, ten days at least ;^'^-^-^"^i.
• .- Kepresenta-
before the last Wednesday of that month.] tives.wheu
•^ -' chosen.
Time of election changed by amendments, Art. X., and changed again by amendments,
Art. XV.
VL The house of representatives shall be the arand House aione
,^.,. ^ .,, Tn- 1 can impeach.
inquest ot this commonwealth ; and all impeachments made by them shall be heard and tried by the senate.
VH. All money bills shall originate in the house of House to origi-
... 1 i J 1 Date all money
representatives ; but the senate may propose or concur biiis. with amendments, as on other bills.
VIII. The house of representatives shall have power Not to adjoum to adjourn themselves ; provided such adjournment shall ^a^/s*'.*^''"*'^" not exceed two days at a time.
IX. rNot less than sixty members of the house of Quorum, see
L , 1 11 • /I 1 . . amendments,
representatives shall constitute a quorum lor domo- busi- Arts. xxi. and
^ -, 1 C5 XXXIII,
ness.J
X. The house of representatives shall be the judge of To judge of the returns, elections, and qualifications of its own mem- itsown'mem- bers, as pointed out in the constitution ; shall choose their its officers and own speaker ; appoint their own officers, and settle the nUesletJ;.^*^ rules and orders of proceeding in their own house. They May punish shall have authority to punish by imprisonment every offencel'!'" person, not a member, who shall be guilty of disrespect i* 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 an}^ 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
18
CONSTITUTION OF THE
Privileges of members.
Senate. Governor and council may punish.
General limita- tion. 14 Gray, 226.
Trial may be by committee, or otherwise.
house, ill 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 unto, returning from, or his attending the general assembl3^
XL 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 impris- onment 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 thu"ty 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 authorit}^ to try and determine, by committees of thek- own members, or in such other way as they may respectively think best.
CHAPTEK II
Governor.
His title.
To be chosen annually. Qualifications. See amend- ments. Arts. VII. and XXXIV.
By whom chosen, if he have a majority of votes.
Time of elec- tion changed by amendments. Art. X., and changed again by amend- ments, Art. Xy.
EXECUTIVE POWER.
Section I.
Govei^nor.
Article I. There shall be a supreme executive mag- istrate, who shall be stjded — The Governor of the CoiviMONWEALTH OF MASSACHUSETTS ; and wliosc 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 com- monwealth 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 feelectmen, who shall i)reside 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
COMMONWEALTH OF MASSACHUSETTS. 19
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 pubHc decla- As to cities, see ration thereof in the said meeting ; and shall, in the pres- A^r."!:™^" ^' ence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sherili' of the count}^, thirty da3'S at least before the [last Wednesday in May] ; and the sherifl' shall transmit ^ first wednts. the same to the secretary's office, seventeen days at least day of January before the said [last Wednesday in May] ; or the select- ments, Art. x. men 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 dny ; and the secretary shall lay the same before the senate and the house of repre- sentatives on the [last Wednesday in May] , to be by them changed to examined ; and in case of an election by a [majority] of all amlndments, the votes retm-ned, the choice shall be by them declared ^^'■'^•^^v. and published ; but if no person shall have a [majority] of v,h7nno^pei'mn votes, the house of representatives shall, by ballot, elect ^^^^v^^r^m-. two out of four persons who had the highest number of votes, if so many shall have been voted for ; but, if other- wise, 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.
IV. The governor shall have authority, from time to Power of gov. time, at his discretion, to assemble and call together the governor and councillors of this commonwealth for the time being ; and '"'"°*'' ' 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, agreeabl}^ to the constitution and the laws of the land.
Y. The governor, with advice of council, shall have May adjourn or full power and authorit}^ during the session of the gen- generaUomt eral court, to adjourn or prorogue the same to any time and^onvene ' the two houses shall desire ; [and to dissolve the same on as to^ditsoiu- the day next preceding the last Wednesday in May ; and, ^^^^^^^^"j^^^^l^' 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 com- monwealth shall require the same ; and in case of any infectious distemper prevailing in the place where the said court is next at anv time to convene, or any other cause
20
CONSTITUTION OF THE
As to dissolu- tion, see amend- ments, Art. X.
Governor and council may adjourn the gen- eral court in cases, etc., but not exceeding ninety days.
Governor to be commander-in- chief.
Limitation.
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 Avdthin 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 necessit}^ expediency, or tmie of ad- journment 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.
Vn. 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 oiBcer 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 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 necessar}^ and con- quer, by all fitting ways, enterprises, and means whatso- ever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enter- prise 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 legislatm'c to exist, as occa- sion 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 com- monwealth ; and that the governor be intrusted with all these and other powers, incident to the offices of cap- tain-general and commander-in-chief, and admiral, to be exercised agreeably to the rules and regulations of the con- stitution, 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
COMMONWEALTH OF MASSACHUSETTS. 21
gi*anted, or hereafter to be granted to him by the legis- latiu'e, transport any of the inhabitants of this common- wealth, or oblige them to march out of the limits of the same, Avithout their free and voluntary consent, or the con- sent of the general com-t ; except so far as may be neces- sary 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 otfences, except such Governor and as persons may be convicted of before the senate b}^ an pardon offences, impeachment of the house, shall be in the governor, by ^'"'^p*'^"'- and with the advice of council ; but no charter of par- don, granted by the governor, with advice of the council
before conviction, shall avail the party pleading the same, But not before
* 7 ^^ • coiivictioD
notwithstanding any general or particular expressions 109 Maes. 323. contained therein, descriptive of the oflence or oflences intended to be pardoned.
IX. All judicial officers, [the attorney-general,] the Judicial om. solicitor-general, [all sheriffs,] coroners, [and registers of nominated a°nTi probate,] shall be nominated and appointed by the gov- Ko?°p?ovieions ernor, by and with the advice and consent of the council ; of a°toraev°° and every such nomination shall be made by the governor, general, eee
'^ , . , '^ P amendments,
and made at least seven days prior to such appointment. Art. xvii.
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 Miiitia officers, elected by the written votes of the train-band and alarm Limitation of list of their respective companies, [of twenty-one years bf^m^nd^- °"* of age and upwards ;] the field officers of regiments shall ments, Art.v. be elected by the written votes of the captains and subal- terns of their respective regiments ; the brigadiers shall be elected, in like manner, by the field officers of their respec- tive brigades ; and such officers, so elected, shall be com- Howcommis- missioned by the governor, who shall determine thek'rank.
The legislature shall, by standing laws, direct the tune Election of and manner of convening the electors, and of collect- ° ing votes, and of certifying to the governor, the officers elected.
The major-generals shall be appointed by the senate and ^^f^^ap^p^med' house of representatives, each having a negative upon the andcommis- other ; and be commissioned by the governor.
For provisions as to appointment of a commissary-general, see amendments, Art. IV.
And if the electors of brisfadiers, field officers, captains Vacancies, how
„ , ii filled, m case,
or subalterns, shall neglect or refuse to make sucli elec- etc.
22
CONSTITUTION OF THE
Officers duly commissioned, how removed. Superseded by amendments, Art. IV.
Adjutants, etc. how appointed.
Army officers, how appointed.
Organization of militia.
Money, how drawn from the treasury, except, etc. 13 Allen, 593.
All public boards, etc., to make quarterly returns.
tions, 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 conmiand in the militia, shall be removed from his office, but by the address of both houses to the governor, or by fair trial in court- martial, 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 theu' aids ; and the governor shall appoint the adjutant-general.
The governor, with advice of council, shall appoint all officers of the continental army, whom by the confedera- tion of the United States it is provided that this conmion- wealth shall appoint, as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments, and 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.
XL No moneys shall be issued out of the treasury of this commonwealth, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the council, for the necessary defence and support of the com- monwealth ; and for the protection and preservation of the inhabitants thereof, agreeably to -the acts and resolves of the o;eneral court.
XII. All public boards, the commissary-general, all sui)erintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammu- nition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively ; distinguishing the quantity, number, quality and kind of each, as particu- larly as may be ; together with the condition of such forts and garrisons ; and the said commanding' officer shall
COMMONWEALTH OF MASSACHUSETTS. 23
exhibit to the governor, when required by him, true and exact. plans of such forts, and of the land and sea or har- bor or harbors, adjacent.
And the said boards, and all public officers, shall com- municate to the governor, as soon as may be after receiv- ing the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively.
XIII. As the public good requires that the governor saiaryof should not be under the undue influence of any of the g°^^'^'i°'"- members of the general court by a dependence on them for his support, that he should in all cases act with free- dom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his private concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magis- trate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply suffi- cient for those purposes, and established by standing laws : and it shall be amono- the first acts of the oreneral court, after the commencement of this constitution, to establish such salary by law accordingly.
Permanent and honorable salaries shall also be cstab- salaries of jus- lished by law for the justices of the supreme judicial court. judfcLi^clfurt™^
And if it shall be found that any of the salaries afore- salaries to be said, so established, are insufficient, they shall, from time fusufficient. to time, be enlarged, as the general court shall judge proper.
CHAPTER II.
Section II.
Lieutenant-Governor.
Article I. There shall be annually elected a lieu- Lieutenant- tenant-governor of the commonwealth of Massachusetts, wufand'^quaTi- whose title shall be — His Honor; and who shall be amendmenfs!'' qualified, in point of [religion,] [propert}^] and residence xxxrv.^""*^ in the commonwealth, in the same manner with the gov- ernor ; and the day and manner of his election, and the qualifications of the electors, shall be the same as are re- quired in the election of a governor. The return of the How chosen. votes for this officer, and the declaration of his election, shall be in the same manner ; [and if no one person shall p/urluty p^o- be found to have a maiority of all the votes returned, the videdforby
«'.' ' amendments,
vacancy shall be nlled by the senate and house of repre- Art. xiv.
24
CONSTITUTION OF THE
President of council. Lieutenant- governor a member of, except, etc.
Lieutenant- governor to be acting governor, in case, etc.
sentatives, in the same manner as the gOA^ernor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.]
n. The governor, and in his absence the lieutenant- governor, shall be president of the council, but shall have no vote in council ; and the lieutenant-governor shall alwa3'^s be a member of the council, except Avhen the chair of the o^overnor shall be vacant.
III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the com- monwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacanc}^ perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this con-
stitution present.
the governor is vested with, Avhen personally
Council. Number of councillors changed to eight. See amend- ments. Art. XVI.
Number; from ■whom, and how chosen. Modified by amendments. Arts. X. and XIII.
Superseded by amendments, Art. XVI.
If senators be- come council- lors, their seats to be vacated.
CHAPTER II. Section III.
Council, and the Manner of settling Elections by the Legis- lature,
Article I. There shall be a council for advising the governor in the executive part of the government, to con- sist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authorit}^ from time to time, at his discretion, to assemble and call together ; and 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 order- ing and directing the affairs of the commonwealth, accord- ing to the laws of the land.
II. [Nine councillors shall be annually chosen from among the persons returned for councillors and senators, on the last Wedncsda}^ in Ma}^, by the joint ballot of the senators and representatives assembled in one room ; and in case there shall not be found upon the first choice, the whole number of nine persons who will accept a seat in the council, the deficiency shall be made up by the electors aforesaid from among the people at large ; and the number of senators left shall constitute the senate for the 3^ear. The seats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]
COMMONWEALTH OF MASSACHUSETTS. 25
III. The councillors, in the civil arrangements of the Rank of commonwealth, shall have rank next after the lieutenant- governor.
IV. [Not more than two councillors shall be chosen No district to
,/. f A • 1 L' 11 • ij1-i have more than
out 01 any one district oi this commonAvealth.J two.
Superseded hy amendments, Art. XVT.
V. The resolutions and advice of the council shall be Register of recorded in a register, and signed b}'^ the members present ; ''°"°" ' and this record may be called for at any time by either house of the legislature ; and aii}^ member of the council
may insert his opinion, contrary to the resolution of the majority.
VI. Whenever the office of the governor and lieuten- council to exer- ant-governor shall be vacant, by reason of death, absence, "/governorfn or otherwise, then the council, or the major part of them, <=^«^'«*<'- shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and things, as the governor or the lieutenant-o-overnor mio^ht or could, by virtue of this constitution, do or execute, if they, or either of them, were personally present.
VII. [And whereas the elections appointed to be made. Elections may by this constitution, on the last Wednesda}-^ in May annu- untlf,^e?c™^*^ ally, by the two houses of the legislature, may not be completed on that da}^ the said elections may be adjourned
from day to day until the same shall be completed. And gu'^ereed^eTb'- the order of elections shall be as follows : the vacancies in amendments, the senate, if any, shall first be filled up ; the governor xxv. and lieutenant-governor shall then be elected, provided there should be no choice of them by the people ; and afterwards the two houses shall proceed to the election of the council.]
CHAPTER II.
Section IV.
Secretary, Treasurer, Commissary , etc.
Article I. [The secretary, treasurer and receiver- secretary, etc., general, and the commissary-general, notaries public, and] how^chosen" naval officers, shall be chosen annually, b}^ joint ballot of wecti'on'of ^* the senators and representatives in one room. And, that ^^reranlrZ^'^^' the citizens of this commonwealth may be assured, from ceivergenerai,
. . , , .... 1 . and auditor and
time to time, that the moneys remaining in the public attorney gen- treasury, upon the settlement and liquidation of the pub- mente, Art.
26
CONSTITUTION OF THE
Treasurer in- eligible for more than five successive years.
Secretary to keep records ; to attend the governor and council, etc.
lie accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five years successively.
For provision as to appointment of notaries public and the commissary-general, see amendments, Art. IV.
11. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable ; and he shall attend the governor and council, the senate and house of representatives, in person, or by his deputies, as they shall respectively require.
CHAPTER III
Tenure of all commissioned officers to be expressed. Judicial officers to hold office during good behavior, ex- cept, etc. But may be removed on address.
Justices of su- preme judicial court to give opinions when required. 122 Mass. 600. 126 Mass. 557, 561.
Justices of the peace; tenure of their office. 3 Cueh. 584.
For removal of justices of the peace, see amendments. Art. XXX Vn.
Provisions for
holding probate
courts.
12 Gray, 147.
JUDICIARY POWER.
Article I. The tenure, that all commission officers shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.
II. Each branch of the legislature, as well as the gov- ernor and council, shall have authority to require the opin- ions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
III. In order that the people may not suffer from the long continuance in place of any justice of the peace who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates ; and, upon the expira- tion of any commission, the same ma,y, if necessary, be renewed, or another person appointed, as shall most con- duce to the well-being of the commonwealth.
IV. The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require ; and the legislature shall, from time to time, hereafter, appoint such times and places ; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct.
COMMOISrWEALTH OF MASSACHUSETTS. 27
V. All causes of marriage, divorce, and alimony, and ^i^orc'l^Md all appeals from the judges of probate, shall be heard and QJ™g°°^ro determined bv the governor and council, until the legis- visions made lature shall, by law, make other provision. 105 Mass. 327.
•^ ^ 116 Mass. 31T.
CHAPTER IV.
DELEGATES TO CONGRESS.
[The deleo-ates of this commonwealth to the congress of Delegates to
L o ^ o congress.
the United States, shall, some time in the month of June, annually, be elected by the joint ballot of the senate and house of representatives, assembled together in one room ; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the commonwealth ; but may be recalled at any time within the 3^ear, and others chosen and com- missioned, in the same manner, in their stead.]
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE, ETC.
Section I.
The University.
Article I. Whereas our wise and pious ancestors, so Harvard early as the year one thousand six hundred and thirty-six, '^°"^s®- laid the foundation of Harvard College, in which univer- sity many persons of great eminence have, by the blessing of God, been initiated in those arts and sciences which qualified them for public emplojanents, both in church and state ; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, — it is declared, that the President and Fellows of Powers, privi- Harvard College, in their corporate capacity, and thl^pj-lskient their successors in that capacity, their officers and ser- confimed.*' vants, shall have, hold, use, exercise, and enjo}^ all the powers, authorities, rights, liberties, privileges, immuni- ties, and franchises, which they now have, or are entitled
28
CONSTITUTIOX OF THE
All gifts, grants, etc., confirmed.
Who shall be overseers.
See Statutes,
1851, 224.
1852, 27. 1859, 212. 1865, 173. 1880, 65.
Power of altera- tion reserved to the legislature.
to have, hold, use, exercise, and enjoy ; and the same are hereb}' ratified and confirmed unto them, the said presi- dent and fellows of Harvard College, and to their suc- cessors, and to their officers and servants, respectively, forever.
II. And whereas there have been at sundry times, b}^ divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies, and conveyances, here- tofore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college by some other description, under several charters, successively; it is declared, that all the said gifts, grants, devises, legacies, and convey- ances, are hereby forever confiraied unto the president and fellows of Harvard College, and to their successors in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors.
IH. And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, the governor and deputj'^-governor, for the time being, and all the magis- trates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, con- stituted the overseers of Harvard College ; and it being necessary, in this new constitution of government to ascertain who shall be deemed successors to the said gov- ernor, deputy-governor, and magistrates ; it is declared, that the governor, lieutenant-governor, council, and sen- ate of this commonwealth, are, and shall be deemed, their successors, who, with the president of Harvard College, for the time being, together with the ministers of the con- gregational churches in the towns of Cambridge, Water- town, Charlestown, Boston, Roxbury, and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way appertaining to the overseers of Harvard College ; provided, that nothing herein shall be construed to pre- vent the legislature of this commonwealth from making such alterations in the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late Province of the Massachusetts ^ay.
COMMONWEALTH OF MASSACHUSETTS. 29
CHAPTER V.
Section H.
The Encouragement of Literature^ etc.
AVisdom and knoAvledge, as well as virtue, diffused gen- Dutyofiegisiat. eralh' among the body of the people, being necessary for retratlsliTalf' the preserv^ation of their rights and liberties ; and as these ro^urth^pro- depend on spreading the opportunities and advantajres of visions as to
^^ . . ^ .. S n ^ 1 public BChoolB,
education in the various parts of the country, and among; see amend-
ni6ntB Art
the different orders of the people, it shall be the duty xvm'. of legislatures and magistrates, in all future periods of 503. ^°'° this commonwealth, to cherish the interests of literature ^3 Mass. 94, 97. and the sciences, and all seminaries of them ; especially the university at Cambridge, public schools and grammar schools in the towns ; to encourage private societies and public institutions, rewards and immunities, for the pro- motion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country ; to countenance and inculcate the principles of humanitj' and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings ; sincerity, good humor, and all social affections, and gen- erous sentiments, among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU- SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.
Article I. [Any person chosen governor, lieutenant- Oaths, etc. governor, councillor, senator, or representative, and accept- ing the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz. :
" I, A. B., do declare, that I believe the Chi'istian reli- Abolished see
' ' ' amendments,
gion, and have a firm persuasion of its truth ; and that I Art. vu. am seised and possessed, in my own right, of the property required by the constitution, as one qualification for the office or place to which I am elected."
And the governor, lieutenant-governor, and councillors, shall make and subscribe the said declaration, in the pres-
30
CONSTITUTION OF THE
Declaration and oaths of all officers.
ence of the two houses of assembly ; and the senators and representatives, first elected under this constitution, before the president and five of the council of the former consti- tution ; and forever afterwards before the governor and council for the time being.]
And every person chosen to either of the places or offices aforesaid, as also any person appointed or commis- sioned to any judicial, executive, military, or other office under the government, shall, before he enters on the dis- charge of the business of his place or office, take and sub- scribe the following declaration, and oaths or affirmations,
VIZ.
For new oath of allegiance, see amend- ments, Art. VI.
Oath of office.
Proviso. See amendments. Art. VI.
[" I, A. B., do trul}^ and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of Massachu- setts is, and of right ought to be, a free, sovereign, and independent state ; and I do swear, that I will bear true faith and allegiance to the said commonwealth, and that I Avill defend the same against traitorous conspu'acies and all hostile attempts whatsoever ; and that I do renounce and abjure all allegiance, subjection, and obedience to the king, queen, or government of Great Britain (as the case may be) , and every other foreign power whatsoever ; and that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jm'isdiction, superiority, pre- eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spuitual, within this com- monwealth, except the authority and power which is or may be vested by their constituents in the congress of the United States : and I do further testify and declare, that no man or body of men hath or can have any right to absolve or discharge me from the obligation of this oath, declaration, or affirmation ; and that I do make this ac- knowledgment, profession, testimony, declaration, denial, renunciation, and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever. So help me, God."]
"I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as , according to
the best of ni}^ abilities and understanding, agreeably to the rules and regulations of the constitution and the laws of the commonwealth. So help me, God."
Provided, always, that when any person chosen or ap- pointed as aforesaid, shall be of the denomination of the
COMMONAVEALTH OF MASSACHUSETTS. 31
people called Quakers, and shall decline taking the said oath[s], he shall make his aiErmation in the foregoing form, and subscribe the same, omitting the words, ["/(Zo swear,'" " and abjure,'" " oath or," " and abjuration," in the first oath, and in the second oath, the words] ^^ swear and," and [in each of them] the words " jSo help me, God ; " subjoining instead thereof, " This I do under the pains and p)enalties of perjury."
And the said oaths or affirmations shall be taken and atfirmati'ons subscribed by the governor, lieutenant-governor, and coun- |'g°'J/'^'^^°^^" cillors, before the president of the senate, in the presence of the two houses of assembly ; and by the senators and representatives first elected under this constitution, before the president and five of the council of the former consti- tution ; and forever afterwards before the governor and council for the time being ; and by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the legislature.
II. No governor, lieutenant-governor, or iudi^e of the Plurality of ... ' .' o offices pro-
supreme judicial court, shall hold any other office or place, hibued to gov.
under the authority of this commonwealth, except such as except.^etc.
by this constitution they are admitted to hold, saving that me^n^^^rt.
the judges of the said court may hold the offices of justices '^^^•
of the peace through the state ; nor shall the}^ hold any
other place or office, or receive any pension or salarj^ from
any other state or government or power whatever.
No person shall be capable of holding or exercising at j^i^g^^g^l'''- the same time, within this state, more than one of the fol- lowing offices, viz. : judge of probate — sheriff — register of probate — or register of deeds ; and never more than any two offices, which are to be held by appointment of the governor, or the governor and council, or the senate, or the house of representatives, or by the election of the people of the state at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person.
No person holding tlie office of judge of the supreme incompatible judicial cornet — secretary — attorney-general — solicitor- For^fukher pro- general — treasurer or receiver-general — judge of probate Scompatlwe
— coimiiissary-general — [president, professor, or instruc- °®endm|nts tor of Harvard Colleo-el — sheriff — clerk of the house of ^X*-"^"!; „
& J . _£• 1 1 Officers of Har-
representatives — register of probate — register of deeds vardooiiege
— clerk of the supreme iudicial court — clerk of the infe- amendments, rior court of common pleas — or officer of the customs, including in this description naval officers — shall at the
32
CONSTITUTION OF THE
Incompatible offices.
Bribery, etc., diequaliiy.
Value of money ascertained.
Property quali- fications may be increased. See amend- ments, Arts. XIII. and XXXIV.
Provisions respecting commissions.
Provisions re- specting writs.
2 Pick. 592.
3 Met. 58. 13 Gray, 74.
Continuation of former laws, except, etc.
1 Maes. 59.
2 Mass. 534.
8 Pick. 309, 316. 16 Pick. 107, 115. 2 Met. 118.
Benefit of
habeas corpus secured, except, etc.
same time have a seat in the senate or house of representa- tives ; but their being chosen or appointed to, and accept- ing the same, shall operate as a resignation of their seat in the senate or house of representatives ; and the place so vacated shall be filled up.
And the same rule shall take place in case any judge of the said supreme judicial court, or judge of probate, shall accept a seat in council ; or any councillor shall accept of either of those offices or places.
And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under the government of this commonwealth, who shall, in the due course of law, have been convicted of bribery or cor- ruption in obtaining an election or appointment.
III. In all cases where sums of monej^ are mentioned in this constitution, the A'alue thereof shall be computed in silver, at six shillings and eight pence per ounce ; and it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected to offices, as the circumstances of the commonwealth shall require.
IV. All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the governor and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto.
V. All A\Tits, issuing out of the clerk's office in any of the courts of law, shall be in the name of the Common- wealth of Massachusetts ; they shall be under the seal of the court from whence they issue ; they shall bear test of the first justice of the court to which they shall be return- able, who is not a party, and be signed by the clerk of such court,
VI. All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature ; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.
VII. The privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious, and ample manner ; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.
COMMONWEALTH OF MASSACHUSETTS. 33
VIII. The enacting style, in making and passing all Jtyie*'°'*''"°^ acts, statutes, and laws, shall be — "Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same."
IX. To the end there may be no failure of justice, or officers of dano;er arise to the commonwealth from a chano^e of the ment^ontrnued form of government, all officers, civil and military, hold- "° ^ > ® ^• ing commissions under the government and people of Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con- stitution shall take eflect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them granted or committed, until other persons shall be appointed in their stead ; and all courts of law shall proceed in the execution of the business of their respective departments ; and all the executive and legislative officers, bodies, and powers shall continue in full force, in the enjojanent and exercise of all their trusts, employments and authority ; until the general coiu"t, and the supreme and executive offi- cers under this constitution, are designated and invested with their respective trusts, powers, and authority.
X. [In order the more effectually to adhere to the Provision for principles of the constitution, and to correct those viola- Btitutk)nf°° tions Avhich by any means may be made therein, as well pr°Jvi^on af to as to form such alterations as from experience shall be g^^amSfd-**' found necessary, the general court which shall be in the ments, Art. ix, 3^ear of our Lord one thousand seven hundred and ninety- five, shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorjiorated planta- tions, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments.
And if it shall appear, by the returns made, that two- Provision for thirds of the qualified voters throughout the state, who stirutk>ir°°' shall assemble and vote in consequence of the said pre- cepts, are in favor of such revision or amendment, the general com't shall issue precepts, or direct them to be issued from the secretary's office, to the several towns to elect delegates to meet in convention for the purpose aforesaid.
The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen.]
34
CONSTITUTION OF THE
Provision for preserving aud publishing this constitution.
XL This form of government shall be enrolled on parchment, and deposited in the secretary's oiBce, 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 five daj's, not to become a law, if legislature adjourn in the mean time. 3 Mass. 567. See Const., Ch. I., § 1, Art. n.
General court empowered to charter cities. 122 Mass. S54.
Proviso.
113 Mass. 200.
Qualifications of voters for gov- ernor, lieuten- ant-governor, senators and representatives. See amend- ments, Arts, XXX. and XXXII. 11 Pick. 538, 540. 14 Pick. 341. 14 Mass, 367. 5 Met. 162, 298, 691, 594.
AETICLES OF AMENDMENT.
Article I. If any bill or resolve shall be objected 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, 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.
Art. II. The general court shall have full power and authority to erect and constitute municipal or city gov- ernments, in any corporate town or towns in this com- monwealth, 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. Provided, that no such government shall be erected or constituted in an}' toAvn 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 meet- ing duly warned and holden for that purpose. And pro- vided, 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. Ever}^ male citizen of twentj-one j^ears of age and upwards, excepting paupers and persons under guardianship, who shall have resided within the common- wealth one year, and within the town or district in which he may claim a right to vote, six calendar months next 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
COMMONWEALTH OF MASSACHUSETTS. 35
or county tax, which shall, within two years next preced- j2?Ma8s^^595 ino- such election, have been assessed upon him, in any 597. '
O ,..^1. 1111 124 Mass. 596.
town or district 01 this commonAvealth ; and also every For educational citizen who shall be, by law, exempted from taxation, geeamMd"'"' and who shall be, in all other respects, qualified as above po^prol^ui^"^' mentioned,] shall have a right to vote in such election of ^Ive sen^dTn ° g'overnor, lieutenant-o;overnor, senators, and representa- the army or
o ' O in -11 • uavy in time
fives ; and no other person shall be entitled to vote in of war, see
, , . amendniente,
such election. Arts. xxviii.
See also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI.
Art. IV. Notaries public shall be appointed by the Notaries public,
. , • T • 1 /i^ how appointed
governor m the same manner as judicial oiiicers 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 ^^ent^^^^' legislature. xxxvn. '
rin case the office of secretary or treasurer of the com- vacancies in the
'- ijiiiii A f 1 ' offices of secre-
mon wealth shall become vacant irom any cause, during tary and treas- the recess of the general coiu-t, the governor, with the TWs'ciause'^^'*" advice and consent of the council, shall nominate and alS'e^Jdme^nts^^ 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 com*t.]
Whenever the exigencies of the commonwealth shall ge^^j^marbe require the appointment of a commissary-ffeneral, he shall appointed, m
^. ^ ^ . ..~. case, etc.
be nominated, appointed, and commissioned, in such man- ner as the legislature may, by law, prescribe.
All officers commissioned to command in the militia Miiitia officers,
, T p ,,T . , ill- how removed.
may be removed irom office m such manner as the legis- latm*e may, by law, prescribe.
Art. V. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- subaUemT.* ^^ nies, as well those under as those above the age of twenty- one years, shall have a rio-ht to vote.
Art. YI. Instead of "the oath of allegiance prescribed ^^a^^offidrs."" by the constitution, the following oath shall be taken and ^^^^1°^^;^'^; i. subscribed by every person chosen or appointed to any office, civil or militaiy, 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 Massachu- setts, and will support the constitution thereof. So help me, God."
36 COXSTITUTIOX OF THE
Qimke?s may Pvovided, That wheii any person shall be of the denomi- affirm. nation called Quakers, and shall decline taking said oath,
he shall make his affirmation in the foregoing form, omit- ting 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." Tests abolished. Art. VII. No oatli, declaration, or subscription, ex- cepting the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieuten- ant-governor, councillors, senators, or representatives, to qualify them to perform the duties of their respective offices. of oS"''""^ Art. VIII. No judge of any court of this common- 122 Mass. 445, wealth, (cxccpt the court of sessions,) and no person i23'Mas8. 525. 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 coun- cillor, or have a seat in the senate or house of representa- tives of this commonwealth ; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county attorne}', clerk of any court, sheriff, treasurer and receiver-general, reg- ister 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, ^nsufuuon?*" ^^'^ ■ IX. If, at any time hereafter, any specific and how made. particular amendment or amendments to the constitution be proposed in the general court, and agreed to by a ma- jority of the senators and two-thk'ds 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 g-eneral 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
COMMOXWEALTH OF MASSACHUSETTS. 37
amendment or amendments to the people ; and if they shall be approved and ratified bv a majority of the quali- fied voters, voting- thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth.
Art. X. The political year shall begin on the first commencement
or Doliticiil
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 ^^^^^ termina- dissolved on the da}^ next preceding the fii'st Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general com^t from assembling at such other times as • they shall judge necessary, or when called together by the governor. The governor, lieutenant-governor and coun- cillors, shall also hold theu* respective offices for one year next folloAving the fk'st Wednesday of January, and until others are chosen and qualified in their stead.
[The meeting for the choice of g-overnor, lieutenant- Meetings for the
L o ^ o 111 choice of gov-
governor, senators, and representatives, shall be held on ernoj, lieuten- the second Monday of November in ever}^ year; but etc. ."when to be meetings may be adjourned, if necessary, for the choice Thisdause of representatives, to the next day, and again to the next aSTen'dments^/ succeeding day, but no further. But in case a second ^rt.xv. meeting shall be necessary for the choice of representa- tives, 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 gen- eral court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the com- mencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January.
This article shall go into operation on the first day of ^'golnto^^^^ October, next following the day when the same shall be operation. duly ratified and adopted as an amendment of the consti- tution ; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the cur- rent year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of
38
CONSTITUTION OF THE
InconeiBtent
provieions
annulled.
Religious freedom established. See Dec. of Rights, Art.
Hi.
122 Mass. 40,41.
Census of rata- ble polls to be taken in 1837, and decennially thereafter. This article was superseded by amendments, Art. XIII., which was also superseded by amendments. Art. XXI. Representa- tives, how apportioned.
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, incon- sistent with the provisions herein contained, are hereby wholly annulled.
Aet. 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 pur- pose, 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 the}'' 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 into by such society ; and all religious sects and denomi- 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 principles of equality, a census of the ratable polls, in each city, town, and district of the commonwealth, on the first day of Ma}^, shall be taken and returned into the secre- tary's office, in such manner as the legislature shall pro- vide, within the month of May, in the year of our Lord one thousand eight hundred and thirtj^-seven , and in every tenth year thereafter, in the month of May, in manner aforesaid ; and each town or city having three hundred rata-
COMMONWEALTH OF :MASSACHUSETTS. 39
ble polls at the last preceding decennial census of polls, may elect one representative, and for ever}^ four hundred and fifty ratable polls in addition to the first three hun- dred, one representative more.
Any town having less than three hundred ratable polls Towns having shall be represented thus : The whole number of ratable rltabie'^poiis, polls, at the last preceding decennial census of polls, shall ge^ed!^"^^ be multiplied by ten, and the product divided by three hundred ; and such town may elect one representative as many years within ten years, as three hundred is contained in the product aforesaid.
Any city or town having ratable polls enough to elect f/prelented.""^ one or more representatives, with any number of polls beyond the necessary number, ma}' be represented, as to that surplus number, by multiplying such surplus number by ten and dividing the product by four hundred and fifty ; and such city or town may elect one additional representa- tive as many years, within the ten years, as four hundred and fifty is contained in the product aforesaid.
Any two or more of the several towns and districts Towns may may, by consent of a majority of the legal voters present eentative dis- at a legal meeting, in each of said towns and districts, ^^'^^^' respectively, called for that purpose, and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a rep- resentative district to continue until the next decennial census of polls, for the election of a representative, or rep- resentatives ; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls.
The governor and council shall ascertain and determine, The governor within the months of July and August, in the 3'ear of our determine'the Lord one thousand eight hundred and thirty-seven, accord- res™ntt'th4rto' ing to the foregoing principles, the number of representa- ^^^Q^ig^entitied fives, which each city, town, and representative district is entitled to elect, and the number of years, within the period of ten j^ears then next ensuing, that each city, town, and representative district may elect an additional representative ; and where any town has not a sufficient number of polls to elect a representative each year, then, how many years within the ten years, such town may elect a representative ; and the same shall be done once in ten New apportion-
.1 1^, 1 ,1 1 •! 1 xi menttobemade
years, thereaiter, by the governor and council, ana tiie once in every number of ratable polls in each decennial census of polls, t«">"^'«- shall determine the number of representatives, which each
40
CONSTITUTION OF THE
Inconsistent
provisions
annulled.
Census of in- habitants to be taken in 1840, apd decennially thereafter, for basis of repre- sentation. Provisions as to census super- seded by amend- ments. Arts. XXI. and XXII.
Senatorial dis- tricts declared permanent. Provisions as to senators super- seded by amend- ments, Art.
xxn.
House of repre- sentatives, how apportioned. Provisions as to representatives superseded by amendments. Art. XXI.
Small towns, how repre- sented.
Towns may unite into representative districts.
city, town and representative district may elect as afore- said ; and when the number of representatives to be elected by each city, town, or representative district is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten j^ears.
All the provisions of the existing constitution incon- sistent with the provisions herein contained, are hereby wholly annulled.]
Art. XIII. [A census of the inhabitants of each city and town, on the first day of May, shall be taken, and returned into the secretary's office, on or before the last day of June, of the year one thousand eight hundred and forty, and of every tenth year thereafter ; which census shall determine the apportionment of senators and repre- sentatives for the term of ten 3^ears. 122 Maes. 595.
The several senatorial districts now existing shall be permanent. The senate shall consist of forty members ; and in the 3^ear one thousand eight hundred and forty, and every tenth year thereafter, the governor and council shall assign the number of senators to be chosen in each district, according to the number of inhabitants in the same. But, in all cases, at least one senator shall be assigned to each district.
The members of the house of representatives shall be apportioned in the following manner : Every town or city containing twelve hundred inhabitants may elect one rep- resentative ; and two thousand four hundred inhabitants shall be the mean increasing nmnber, which shall entitle it to an additional representative.
Every town containing less than twelve hundred inhab- itants shall be entitled to elect a representative as many times within ten years as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the com- monwealth shall be settled.
Any two or more of the several towns may, by consent of a majorit}" of the legal voters present at a legal meet^ ing, in each of said towns, respectively, called for that purpose, and held before the fii-st day of August, in the year one thousand eight hundred and forty, and every tenth year thereafter, form themselves into a representa- tive district, to continue for the term of ten years ; and
COMMONWEALTH OF MASSACHUSETTS. 41
such district shall have all the rights, in regard to repre- sentation, which would belong to a town containing the same number of inhabitants.
The number of inhabitants which shall entitle a town Basis of
, 1 . J. J.' 1 J.1 • • representation,
to elect one representative, and the mean increasing num- and ratio of ber which shall entitle a town or city to elect more than ^'^°''^^^®- one, and also the number by which the population of towns not entitled to a representative every year is to be divided, shall be increased, respectively, by one-tenth of the num- bers above mentioned, whenever the population of the commonwealth shall have increased to seven hundred and seventy thousand, and for every additional increase of seventy thousand inhabitants, the same addition of one- tenth shall be made, respectively, to the said numbers above mentioned.
In the year of each decennial census, the governor and Jn*dTO°mcii°to council shall, before the first day of September, a})portion *^Pj°ber°oV^*^ the number of representatives which each city, town, and representatives representative district is entitled to elect, and ascertain once in every how many 3^ears, within ten years, any town may elect a ®^y®^''^" representative, which is not entitled to elect one every year ; and the governor shall cause the same to be pub- lished forthwith.
Nine councillors shall be annually chosen from among Councillors to the people at large, on the first Wednesday of January, the'^peopre at?"* or as soon thereafter as ma}^ be, by the joint ballot of the provisions as to senators and representatives, assembled in one room, who superseded by shall, as soon as may be, in like manner, fill up any vacan- amendments, cies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a councillor, who Qualifications has not been an inhabitant of this commonwealth for the ^ term of five 3^ears immediately preceding his election ; and not more than one councillor shall be chosen from any one senatorial district in the commonwealth.]
No possession of a freehold, or of any other estate, shall quli^cauonfor be required as a qualification for holdino: a seat in either a seat in general
i i . , * . ., court or council
branch oi the general court, or m the executive council, not required.
Art. XIV. In all elections of civil officers by the Elections by the people of this commonwealth, whose election is provided piuraWyof ^^ for by the constitution, the person having the highest num- ^°*^* ber of votes shall be deemed and declared to be elected.
Art. XV. The meeting for the choice of governor. Time of annual lieutenant-governor, senators, and representatives, shall emor and legis- be held on the Tuesday next after the first Monday in November, annually ; but in case of a failure to elect rep-
42 CONSTITUTION OF THE
resentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November. iSlbrchosen Art. XVI. Eight councillors shall be annually chosen by the people, by the inhabitants of this commonwealth, qualified to vote 698. " ' for governor. The election of councillors shall be deter- mined by the same rule that is required in the election of governor. The legislature, at its first session after this amendment shall have been adopted, and at its first ses- sion after the next state census shall have been taken, and at its first session after each decennial state census Legislature to thercaftcrwards, shall divide the commonwealth into eight
district si&tG. -!••/»• • -1 ••
districts oi contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without divid- ing any town or ward of a city, and each entitled to elect one councillor : pwvided, however, that if, at any time, the constitution shall provide for the division of the common- wealth into forty senatorial districts, then the legislature shall so arrange the councillor districts, that each district shall consist of five contiguous senatorial districts, as they shall be, from time to time, established by the legis- difSed.'*^ lature. No person shall be eligible to the oiBce of coun- cillor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his elec- ?e?of°e*iectfon tion. The day and manner of the election, the retm'n of etc. the votes, and the declaration of the said elections, shall
be the same as are requu-ed in the election of governor. Vacancies, how [^vhencver there shall be a failure to elect the full num- ^°J^^\^^°' ber of councillors, the vacancies shall be filled in the same
vision as to ^ \
vacancies, see nianncr as is required for filling vacancies in the senate ;
Art. XXV. ' and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
Organization of ^g after sucli vacancics shall have happened.] And that
the government. ' ii.i . '- . ^-' ,
there may be no delav in the organization oi the govern- ment on the first Wednesday of January, the governor, with at least five councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of governor, lieutenant-governor, and coun- cillors ; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly ; and the secretary shall lay the returns before the senate and house of representatives on the said first Wednesday in January, to be by them examined ; and in case of the election of either of said officers, the choice
COMMONWEALTH OF MASSACHUSETTS. 43
shall be by them declared and published ; but in case there shall be no election of either of said officers, the leijislat- ure shall proceed to fill such vacancies in the manner pro- vided in the constitution for the choice of such officers.
Art. XVn. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen urerfaiiditorf*' annually, on the day in November prescribed for the generaTbyYhe choice of governor ; and each person then chosen as such, people. duly qualified in other respects, shall hold his office for the term of one year from the third Wednesday in Jan- uary next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaitition of the election , shall be such as are required in the election of governor. In case of a failure to elect vacancies, how either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be chosen on or before the thu'd Wednesday in January next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room ; and in case the office of secretary, or treasurer and receiver- general, or auditor, or attorney-general, shall become va- cant, from any cause, dm'ing an annual or special session of the general court, such vacancy shall in like manner be filled by choice from the people at large ; but if such vacancy shall occur at any other time, it shall be supplied by the governor b}^ appointment, with the advice and con- sent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the To qualify offices aforesaid, shall neglect, for the space of ten days rthe?wi8°offic^e after he could otherwise enter upon his duties, to qualify vac^^tf^™'''' himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to Qualification either of said offices unless he shall have been an inhabi- '"^'^"^" ®" tant of this commonwealth five ^^ears next preceding his election or appointment.
Art. XVIII. All monej^s raised by taxation in the schooi moneys towns and cities for the support of public schools, and piild°fo? secta- all moneys which may be appropriated b}^ the state for po^ori^^Mr the support of common schools, shall be applied to, and provision as to
44
CONSTITUTION OF THE
schools, see
constitution,
Part First, Art.
III.
12 AUen, 500,
508.
103 Mass. 94, 96.
Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc. See amendments. Art. XXXVI. 8 Gray,]. 13 Gray, 74.
Reading consti- tution in English and writing, neces- sary qualifica- tions of voters. Proviso. For other quali- fications, see amendments. Art. III. See also amend- ments. Art. XXIII., which was annulled by amendments. Art. XXVI.
Census of legal voters and of inhabitants, when taken, etc. See P. S. c. 31.
House of repre- sentatives to consist of 240 members. Legislature to apportion, etc. 10 Gray, 613.
expended in, no other schools than those which are con- ducted according to law, under the order and superintend- ence of the authorities of the town or city in which the money is to be expended ; and such moneys shall never be appropriated to any religious sect for the maintenance , exclusively, of its own school.
Art. XIX. The legislature shall prescribe, by general law, for the election of sheriifs, registers of probate, [com- missioners of insolvenc}^] and clerks of the courts, by the people of the several counties, and that district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.
no Mass. 172, 173. 117 Mass. 602, 603. 121 Mass. 65.
Art. XX. No person shall have the right to vote, or be eligible to office under the constitution of this common- wealth, who shall not be able to read the constitution in the English language, and write his name : provided, liow- ever, that the provisions of this amendment shall not apply to any person prevented b}' a physical disability from com- plying with its requisitions, nor to any person- who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect.
Art. XXI. A census of the legal voters of each city and town, on the first day of May, shall be taken and returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of ever}^ tenth 3^ear thereafter. In the census aforesaid, a special enumer- ation shall be made of the legal voters ; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of representatives for the periods between the taking of the census.
The house of representatives shall consist of two hun- dred and forty members, which shall be apportioned by the legislature, at its first session after the return of each enumeration as aforesaid, to the several counties of the commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, as ascertained by the next preceding special enumeration ; and the town of Cohasset, in the county of Norfolk, shall, for this pur-
COMMONWEALTH OF MASSACHUSETTS. 45
pose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ; and it shall be the duty of the secretary of the common- secretary ehaii wealth, to certify, as soon as may be after it is determined ceJs autho^Seci by the legislature, the number of representatives to which counties^. each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county conmiissioners of other counties than Suffolk, — or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that pm'pose be provided by law, — shall, on the first Tuesday of August next after each Meeting for assignment of representatives to each county, assemble at firltTuesday a shire town of their respective counties, and proceed, as ProVefdhigs. soon as may be, to divide the same into representative districts of contiguous territor}^ so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county ; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. Every representative, for one year at least next preceding Quaiificationsof his election, shall have been an inhabitant of the district i22Mlts!'595r' for which he is chosen, and shall cease to represent such ^^^" district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall be Districts to be numbered by the board creating the same, and a descrip- des'^ribe^d 'and tion of each, with the numbers thereof and the number <'®''*'*^'*^- of legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in thek* respective offices. The manner of callins: and conductino; the meeting's for the choice of representatives, and of ascertaining their election, shall be prescribed by law. [Not less than one Quorum, see hundred members of the house of representatives shall Arf^xxxiif. constitute a quorum for doing business ; but a less num- ber may organize temporarily, adjourn from day to da}'', and compel the attendance of absent members.]
Art. XXH. A census of the legal voters of each citv census, etc.
^ * See P. S. c 31
and town, on the first day of May, shall be taken and
4G
CONSTITUTION OF THE
Voters to be basis of appor- tionment or senators.
Senate to con- sist of forty members.
Senatorial districts, etc.
See amend- ments, Art. XXIV.
Qualifications of senators.
Quorum, see amendments, Art. XXXIII.
Residence of two years re- quired of natu- ralized citizens, to entitle to suf- frage or make eligible to office. This article annulled by Art. XXVI.
Vacancies in the senate.
returned into the office of the secretary of the common- wealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tentli year thereafter. In the census aforesaid, a special enu- meration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportion- ment of senators for the periods between the taking of the census. The senate shall consist of forty members. The general court shall, at its first session after each next pre- ceding special enumeration, divide the commonwealth into forty districts of adjacent territorj^ each district to contain, as nearly as may be, an equal number of legal voters, ac- cording to the enumeration aforesaid : provided, however, that no town or ward of a city shall be divided therefor ; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. Each district shall elect one senator, who shall have been an inhabitant of this com- monwealth five years at least immediately preceding his election, and at the time of his election shall be an inhab- itant of the district for which he is chosen ; and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the commonwealth. [Not less than sixteen senators shall constitute a quorum for doing business ; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.]
Art. XXIII. [No person of foreign birth shall be en- titled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amend- ment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, provided, farther, that it shall not afiect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom.]
Art. XXIV. Any vacancy in the senate shall be filled by election by the people of the unrepresented district, upon the order of a majority of the senators elected.
COMMONWEALTH OF MASSACHUSETTS. 47
Art. XXV. In case of a vacancy in the council, from vacancies in tbe a faihu'e of election, or other cause, the senate and house of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occm's, to fill that office. If such vacancy shall happen when the legislature is not in session, the governor, with the advice and consent of the council, may fill the same by appointment of some eligible person.
Art. XXVI. The twenty-third article of the articles Twenty third of amendment of the constitution of this commonwealth, amMdments which is as follows, to wit: " No person of foreign birth '^'"^"iied. shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two 3^ears subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amend- ment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and j)roinded, further, that it shall not affect the rights of any child of a citizen of the United States, born during the tem- porary absence of the parent therefrom," is hereby wholly annulled.
Art. XXVII. So much of article two of chapter six Provisiotis of of the constitution of this commonwealth as relates to per- vi.,' relating to sons holding the office of president, professor, or instructor vardTcoUege!'^ of Harvard College, is hereby annulled. annuued.
Art. XXVIII. No person having served in the army Superseded by or navy of the United States in time of war, and having been honorably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of being a pauper ; or, if a pauper, because of the non- payment of a poll tax.
Art. XXIX. The general court shall have full power voting pre-
1 !• •ir> i-ii- iX'^Lix cincts m towns.
and authority to provide lor the inhabitants ot the towns in this commonwealth more than one place of public meet- ing within the limits of each town for the election of officers under the constitution, and to prescribe the manner of call- ing, holding and conducting such meetings. All the pro- visions of the existino- constitution inconsistent with the provisions herein contained are hereby annulled.
Art. XXX. No person, otherwise qualified to vote in voters not dis. elections for governor, lieutenant-governor, senators, and r^aUn^of ^ representatives, shall, by reason of a change of residence dencf untiiTix Avithin the commonwealth, be disqualified from voting for ^""'^ofVem^vai. said officers in the city or town from which he has removed
48
CONSTITUTION OF THE
Amendments, Art. XXVIII. amended.
Person who served in army or navj', etc., not disqualified from voting for non-payment of poll tax.
Provisions of amendments. Art. III., rela- tive to payment bf a tax as a voting qualifica- tion, annulled.
Quorum, in each branch of the general court, to consist of a majority of members.
Provisions of Art. II., § I., Chap. II., Part II., relative to property quali- ncation of governor, annulled.
Provisions of Art. II., § III., Chap. I., rela- tive to expense of travelling to the general assembly by members of the house.annulled.
his residence, until the expiration of six calendar months from the time of such removal.
Art. XXXI. Article twenty-eight of the amendments of the constitution is hereby amended by striking out in the fourth line thereof the words " being a pauper", and inserting in place thereof the words : — receiving or having received aid from any city or town, — and also by striking out in said fourth line the words " if a pauper", so that the article as amended shall read as follows : Article XXVIII. No person having served in the army or navy of the United States in time of war, and having been hon- orably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of receiv- ing or having received aid from any city or town, or be- cause of the non-payment of a poll tax.
Art. XXXII. So much of article three of the amend- ments of the constitution of the commonwealth as is con- tained in the following words : " and who shall have paid, by himself, or his parent, master, or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this commonwealth ; and also every citizen who shall be, by law, exempted from taxation, and who shall be, in all other respects, qualified as above men- tioned ", is hereby annulled.
Art. XXXni. A majority of the members of each branch of the general court shall constitute a quorum for the transaction of business, but a less number may adjourn from day to day, and compel the attendance of absent members. All the provisions of the existing constitu- tion inconsistent with the provisions herein contained are hereby annulled.
Art. XXXIV. So much of article two of section one of chapter two of part the second of the constitution of the commonwealth as is contained in the following words r "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 " ; is hereb}^ annulled.
Art. XXXV. So much of article two of section three of chapter one of the constitution of the commonwealth as is contained in the following words : ' ' 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 mem- ber who shall attend as seasonably as he can, in the judg-
COMMONWEALTH OF MASSACHUSETTS. 49
ment of the house, and does not depart without leave ", is hereby annulled.
Art. XXXVI. So much of article nineteen of the Amendments,
. Art XI \
articles of amendment to the constitution of the common- amended.' wealth as is contained in the following words : " commis- sioners of insolvency ", is hereby annulled.
Art. XXXVn. The governor, with the consent of SnofK^rs. the council, may remove justices of the peace and notaries public.
Art. XXXVIH. Voting machines or other mechanical nmcumes may devices for votinii: may be used at all elections under such iieusedat
1 • 1 -1 1 1 1 '777 elections.
regulations as may l)e prescribed by law : provided, lioir- ever, that the right of secret voting shall be preserved.
Art. XXXIX. Article ten of part one of the consti- SaTure"'^ tution is hereby amended by addino- to it the followiuir leiative tothe
1 mi i • 1 1 -1 /• 1 takinff of land,
words : — ihe legislature may b}^ special acts tor the pur- etc., for pose of laying out, widening or relocating highways or relocating streets, authorize the taking in fee by the commonwealth, '^ ^^ ays. etc. or by a county, city or town, of more land and property than are needed for the actual construction of such high- way or street : provided, however, that the land and pro})- Proviso. erty authorized to be taken are specified in the act and are no more in extent than would be sufficient for suit- able building lots on both sides of such highway or street, and after so much of the land or property has been ap- propriated for such highway or street as is needed there- for, may authorize the sale of the remainder for value with or without suitable restrictions.
The constitution of Massaelmsetts "was agreed npon by dele- gates of the people, in convention, begun and held at Cambi'idge, on the first day of September, 1779, and continued by adjourn- ments to the second day of March, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing June. In the mean time the constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes Q\ven should be in the affirmative. When the convention assembled, it was found that the constitution had been adopted by the requi- site number of votes, and the convention accordingly Besolved, " That the said Constitution or Frame of Government shall take place on the last Wednesday of October next; and not before, for any purpose, save only for that of making elections, agree- able to this resolution." The first legislature assembled at Bos- ton, on the twenty-fifth day of October, 1780.
50 CONSTITUTION OF THE
The first nine Articles of Amendment were submitted, by dele- gates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted April 0, 1821.
The tenth Article was adopted by the legislatures of the polit- ical years 1829-30 and 1830-31, respectively, and was approved and ratified by the jieople May 11, 1831.
The elcA^enth Article was adoj)ted by the legislatures of the political j-ears 1832 and 1833, respectively, and was approved and ratified by the people November 11, 1S33.
The twelfth Article was adopted by the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the peojDle the fourteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of the political years 1839 and 1840, respectively, and was approved and ratified by the people the sixth day of Ajiril, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles were adopted by the leg:islatures of the political years 1854 and 1855, respective!}', and ratified by the people the twenty-third day of May, 1855.
The twentieth, twenty-first, and twenty-second Articles were adopted by the legislatures of the political years 1856 and 1857, respectively, and ratified by the peo^^le on the fii*st day of May, 1857.
The twenty-third Article was adopted by the legislatures of the political yeai"s 1858 and 1859, respectively, and ratified by the people on the ninth day of May, 1859, and was repealed by the twenty-sixth Amendment.
The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and ratified by the people on the seventh day of May, 1860.
The twenty-sixth Article Avas adopted by the leg:islatures of the ' political years 1862 and 1863, and ratified by the people on the
sixth day of April, 1863.
The twenty-seventh Article was adopted by the legislatures of the political years 1876 and 1877, and was approved and rati- fied by the people on the sixth day of November, 1877.
The twenty-eighth Article Avas adopted by the legislatures of the political years 1880 and 1881, and was approved and ratified by the people on the eighth day of November, 1881.
COMMONAVEALTH OF MASSACHUSETTS. 51
The twenty-ninth Article was adopted by the legislatures of the political years 18S4 and 1885, and was approved and ratified by the people on the third day of November, 1885.
•The thirtieth and thirty-first Articles were adopted by the legis- latures of the political years 1889 and 1890, and were approved and ratified by the people on the fourth day of November, 1890.
The thirty-second and thirty-third Articles were adopted by the legislatures of the political years 1890 and 1891, and were ap- proved and ratified by the people on the third day of November, 1891.
The thirty-fourth Article was adopted by the legislatures of the political years 1891 and 1892, and was approved and ratified by the peojDle on the eighth day of November, 1892.
The thirty-fifth Article was adopted by the legislatures of the 23olitical years 1892 and 1893, and was approved and ratified by the people on the seventh day of November, 1893.
The thirty-sixth Article was adopted by the legislatures of the political years 1893 and 1894, and was approved and ratified by the people on the sixth day of November, 1894.
The thirty-seventh Article was adopted by the legislatures of the political years 1906 and 1907, and was approved and ratified by the people on the fifth day of November, 1907.
The thirty-eighth Article was adoj^ted by the legislatures of the political years 1909 and 1910, and was approved and ratified by the people on the seventh day of November, 1911.
The thirty-ninth Article was adopted by the legislatures of the political years 1910 and 1911, and was approved and ratified by the people on the seventh day of November, 1911.
[A proposed Article of Amendment prohibiting the manufac- ture and sale of Intoxicating Liquor as a beverage, adopted by the legislatures of the political years 1888 and 1889, was rejected by the people on the twenty-second day of April, 1889.]
[Proposed Articles of Amendment, (1) Establishing biennial elections of state officers, and (2) Establishing- biennial elections of members of the General Court, adopted by the legislatures of the political years 1895 and 1896, were rejected by the people at the annual election held on the thii-d day of November, 1896.]
INDEX TO THE CONSTITUTION.
INDEX TO THE CONSTITUTION.
A.
Page Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon, . . 26
Adjutant-general, appointed by the governor, .... 22 Adjutants, to be appointed by commanding officers of regiments, . 22 Affirmations, instead of the required oaths, may be made by
Quakers, 30, 31, 36
Agriculture, arts, commerce, etc., to be encouraged, ... 29 AUmony, divorce, etc., ........ 27
Amendment to the constitution, proposed in the general court, agreed to by a majority of senators and two thirds of house present and voting thereon by yeas and nays; en- tered upon the journals of both houses, and referred to the next general court; if the next general court agrees to the proposition in the same manner, and to the same effect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the con- stitution, 36, 37
Apportionment of councillors, . . . . . . 24, 41, 42
state to be divided into eight districts, ..... 42
Apportionment of senators, . . . . . . 13, 40, 46
on basis of legal voters, and state to be divided into forty
districts, ......... 46
Apportionment of representatives, . . 16, 39, 40, 44
to the several counties, made on the basis of legal voters, . 44
Armies, dangerous to liberty, and not to be maintained without
consent of the legislature, ...... 8
Arms, right of people to keep and to bear, for public defence, . . 8
Arrest, members of house of representatives exempted from, on mesne process, while going to, returning from, or attend- ing the general assembly, . . . . . .18
Arrest, search and seizure, right of, regulated, .... 7
warrant to contain special designation, ..... 7
Attorney-general, to be chosen by the people annuallj' in Novem- ber, 21,43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
election determined by legislature, ..... 43
in failure of election by the voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legis- lature from the two persons having the highest number of votes at November election, ..... 43 [55]
56 INDEX TO- THE CONSTITUTION.
Attorney-general, vacancy occurring during, session. of the legisla- ture, filled by joint ballot of legislature from the people at large, . . . . . \ . . . . 43
vacancy occurring .during- recess of legislature, filled by gov- ernor by appointment, 'with conseat of council, . . 43 not eligible, unless an inhabitant of the state for five- years
next preceding election or appointment, . . '"'. ■■ ,. 43 office to be deemed vacant if person elected or appointed fails
■ to be qualified within ten days, . . . . .43
Attorneys, district, elected by the people of the several districts, . 44 Auditor, to be chosen by the people annually in November, . . 43
to hold office for o'ne year from third Wednesday in January
next thereafter,' and until another is chosen and qualified, ^ _ 43 election determined by legislature, , . . . . _ . 43
vacancy filled in same manner as in office of attorney-general^ 43
not efigible, unless an ifthabitant of the state for five years
next preceding election, .'"'"". . . . . 43
office to be deemed'vacant if pers(jp elected or appointed fails - .s= to be qualified within ten days, . .... . . 43'
B.
Bail or sureties, excessive, not to be required, . ." . . 9
Bills, money, to ori^nate in the house of- representatives, . 17
Bills and resolves, to be laid before -governor for revisal, . . 10
to have force of law if signed by governor, . 10
if objected to by goverribr in writing, to be returned to branch in which originated, and may be passed by two thirds of each branch present and voting thereon by yeas and nays, . •• . . . . . . 10
if not returned by > governor within five days after presenta- tion, to have force of law, unless the legislature adjourns before that time expires, ... . . . 11, 34
Boards, public, to, make quarterly reports to the governor, . . 22.
Body poUtic, formation and nature of, . . . . -. 3
title of: The Commonwealth of Massachusetts, . . . 10 Bribery or corruption used in procuring an appointment or elec- tion, to disqualify from holding any office of trust, etc.f . 32
c.
Census of ratable polls, ........ 38
of inhabitants, . . . . . . . .. 40, 44, 45
of inhabitants and legal voters taken in the year 1865, and
every tenth year thereafter, ...... 44, 46
enumeration of voters to determine the apportionment of
representatives, ........ 44
INDEX TO THE CONSTITUTION. 57
. — Page
Cities, may be chartered by the.general court, if containing twelve thousand inhabitants and consented to by a majority thereof, . ^. ... . . . . 34
Civil officers, meeting for election to be held annually on the Tues- day next after the first Mondaj' inrNovember, . . .41 whose election is provided for by the constitution to be
elected by a plurality of votes, . . . . .41
Clerks of courts, elected by the people of the several counties, . 44
Clerks of towns, to make records and returns of elections, . . 13 Colonial laws, not repugnant to the constitution, continued in
force, . . . . . . .- 32
Commander-in-chief, governor to be, . . . . . . 20
Commerce, agriculture and the arts, to h€ encouraged, . . . 29
Commissary-general, appointed and commissioned as fixed by law, 25, 35 Commission officers, tenure of office to be expressed in commissions, 26 ' Commissioners of insolvency, elected by-thfe people of the several
counties; annulled, . . . .. 44,^,49
Cojnmissions, to be in the name of the commonwealth, signed by governor, attested by the secretary, and have the gr^t seal affixed, . . ■ . . . . .32
Congress, delegates to, . . . . . .... 27
members ef, may not hold certain state offices, . 36
Constitution, amendment to, proposed in the general court, agreed to by a majority of senators and two thirds of the house present and voting thereon^by yeas, and nays; entered upon the journals of both houses, and referred to the next general court; if the next general court agrees to the proposition in the same manner and to the same effect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution, . 36, 37 Constitution, provisions for revising, . . .' . . 33,36
" to be enrolled on parchment, deposited in secretary's office,
and printed in all editions of the laws, .... 34
Coroners, .... . . . . . . .21
Corruption or bribery used in procuring any appointment or elec- tion, to disqualify from holding any office of trust, etc., . 32 Coimcil, five members to constitute a quorum, .... 24
eight councillors to be elected annually, .... 24, 42
election. to be determined by rule required in that of gov- ernor, .......... 42
: to "take oath of office before the president of the senate in
presence of both houses of assembly, .... 29
to rank next after the lieutenant governor, . . . . 25
resolutions and advice to be recorded in a register, and signed
" by the members present, ...... 25
register of council may be called for by either house, . 25
to exercise the power of governor when office of governor
and lieutenant governor is vacant, ..... 25
58
INDEX TO THE CONSTITUTION.
Council, no property qualification required, . . . . .
eight districts to be formed, each composed of five contiguous senatorial districts, .......
eligible to election if an inhabitant of state for five j^ears pre- ceding election, ........
term of office, .........
vacancy to be filled by election of a resident of the district by concurrent vote of the senate and house; if legislature is not in session, to be filled by governor with advice of council, .........
Court, superior, judges not to hold certain other offices, Court, supreme judicial, judges to have honorable salaries fixed by standing laws, and to hold office during good be- havior, .........
judges not to hold certain other offices, . . . .
to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the governor and council, ......
Courts, clerks of, elected by the people of the several counties, Courts, probate, provisions for holding, ....
registers elected by the people of the several counties. Courts and judicatories may be established by the general court, may administer oaths or affirmations, ....
Crimes and offences, prosecutions for, regulated, . Crimes to be proved in the vicinity of where they happen.
D.
29
Debate, freedom of, in the legislature,
Declaration of the rights of the inhabitants,
Declaration and oaths of officers; tests abolished.
Delegates to congress, .......
Departments, legislative, excutive and judicial, to be kept separate District attorneys, elected by the people of the several districts. Districts, councillor, eight, each to be composed of five contiguous
senatorial districts, ......
Districts, senatorial, forty, to be of adjacent territory, and to con^
tain as near as may be an equal number of voters, . Districts, representative, to be established by commissioners in the
several counties, ......
Divorce, alimony, etc., ......
E.
Educational interests to be cherished, ......
Election of civil officers, meeting to be held annually on the first Tuesday next after the first Monday in November, . in case of failure to elect representative, meeting to be held on fourth Monday in November, .....
Page
41
42
42 37
47 36
9,23 36
26 44 26 44 11 11 7 7
8
4
, 35, 36
27 9
44
42
46
39,45 27
29
41
41,42
INDEX TO THE CONSTITUTION. 59
Page
Election returns, . . . . . . . . . 13, 42
Elections ought to be free, ........ 6
Elections, by the people, of civil officers provided for by the consti- tution, to be by plurality of votes, ..... 41
voting machines may be used at, . . . . . .49
Enacting style of laws, estabhshed, ...... 33
Equality and natural rights of all men, ..... 4
Estates, valuation to be taken anew once at least every ten years, . 12 Executive department, not to exercise legislative or judicial powers, 9
fix posi/acio laws, declared unjust and oppressive, ... 9
F.
Felony and treason, no subject to be declared guilty of, by the legis- lature, . . . . . . ■ . 9
Fines, excessive, not to be imposed ...... 9
Frame of government, ........ 10
Freedom of speech and debate in the legislature, .... 8
Freehold, possession of, not required as qualification for seat in the
general court or council, . . . . . .41
possession of, by governor, provision requiring, annulled, . 48 Fundamental principles of the constitution, a frequent recurrence
to, recommended, ....... 8
G.
General court, to assemble frequently for redress of grievances, and
for making laws, ........ 8
freedom of speech and debate in, ..... . 8
not to declare any subject to be guilty of treason or felony, . 9
formed by two branches, a senate and house of representa- tives, each having a negative on the other, ... 10 to assemble every year on the first Wednesday of January, at such other times as they shall judge necessary, and when- ever called by the governor, with the advice of council, 10, 19, 37 may constitute and erect judicatories and courts, . . . 11
may make wholesome and reasonable laws and ordinances not
repugnant to the constitution, . . . . .11
may provide for the election or appointment of officers, and
prescribe their duties, . . . .11
may impose taxes, etc., to be used for the public service, . . 12
to be dissolved on the day next preceding the first Wednes- day of January, . . . . 20, 37
travelling expenses of members; provision annulled, . . 16, 48
may be adjourned or prorogued, upon its request, by the gov- ernor with advice of council, ...... 19
session may be directed by governor, with advice of council, to be held in other than the usual place in case of an infectious distemper prevailing, . . . . . 19, 20
60
INDEX TO THE CONSTITUTION.
Page General court, judicial officers may be removed upon address of, . 26 person convicted of bribery, not to hold seat in, . . . 32
may increase property qualifications of persons to be elected
to office, 32
certain officers not to have seats in, . . . . .31
may be prorogued by governor and council for ninety days, if
houses disagree, etc., ....... 20
to elect major generals by concurrent vote, .... 21
empowered to charter cities, ....... 34
to determine election of governor, lieutenant governor and.
councillors, ......... 41, 42
to prescribe by law for election of sheriffs, registers of probate and commissioners of insolvency by the people of the coun- ties, and district attorneys by the people of the districts, 44 quorum, to consist of a majority of members, ... 48
powers of, relative to the taking of land, etc., for widening or
relocating highways or streets, ..... 49
Government, objects of, . . . . . . . . 3, 5, 6
Government by the people, as a free, sovereign and independent state, 5
Governor, the supreme executive magistrate, styled, — The Gov- ernor of the Commonwealth of Massachusetts; with the title of, — His Excellency; elected annually, ... 18 qualifications, ........ 18, 36, 48
term of office, ......... 37
should have an honorable stated salary, ... 23
the commander-in-chief, of the army and navy, but may not
oblige them to go out of the limits of the state, , . 20, 21
to appoint the adjutant general, ...... 22
may call together the councillors at any time, ... 19
not to hold certain other offices, . . . . .31
to take oaths of office before president of the senate in pres- ence of the two houses of assembly, .... 31
to sign all commissions, ....... 32
election determined by the legislature, . . . . 42, 43
veto power, ......... 10
vacancy in office of, powers to be exercised by the lieutenant
governor, ......... 24
vacancy in office of governor and lieutenant governor, powers
to be exercised by the council, ..... 25
with advice of council, may adjourn or prorogue the legisla- ture upon request, and convene the same, ... 19 may adjourn or prorogue the legislature for not exceeding ninety days when houses disagree, or may direct session to be held in other than the usual place in case of an in- fectious distemper prevaiUng, ..... 19
to appoint all judicial officers, notaries pubUc and coroners; nominations to be made at least seven days before ap- pointment, ......... 21, 35
INDEX TO THE CONSTITUTION. 61
Governor, to appoint oflScers of the continental army, ... 22 may pardon offences, but not before conviction, ... 21 may fill vacancy in council occurring when legislature is not
in session, ......... 47
with consent of council, may remove judicial officers, upon
the address of both houses of the legislature, ... 26 Governor and council, to examine election returns, . . .14, 42
may punish persons guilty of disrespect, etc., by imprison- ment not exceeding thirty daj's, . . . . . 17, 18
quorum to consist of governor and at least five members of
the council, ......... 19
may require the attendance of the secretary of the common- wealth in person or by deputy, ..... 26
H.
Habeas corpus, privilege of writ to be enjoyed in the most ample manner, and not to be suspended by legislature except upon most urgent occasions, ...... 32
Harvard College, powers and privileges, gifts, grants and convey- ances confirmed, . . . . . . . . 27, 28
board of overseers established, but the government of the
college may be altered by legislature, .... 28
officers may be elected members of the general court, . . 47
Hereditary offices and privileges, absurd and unnatural, . . 5, 6
Highways, etc., taking of land for widening or relocating, powers of
the legislature concerning, ...... 49
House of representatives, members may be instructed by the people, 8
a representation of the people annually elected and founded
upon the principle of equality, ..... 16
may impose fines upon towns not choosing members, . . 16
expense of travel once every session each way, to be paid by
the government; provision annulled, . . . . 16, 48
to enter objections made by governor to a bill or resolve at
large upon records, ....... 10
qualifications of members, . . . . . . 17, 41, 45
must be an inhabitant of district for one year preceding elec- tion, and shall cease to be a member when ceasing to be an inhabitant of the state, ...... 45
members not to be arrested on mesne process during going
to, return from, or attending the general assembly, . . 18
the grand inquest of the commonwealth, .... 17
to originate all money bills, but the senate may propose or
concur with amendments, . . . . . .17
not to adjourn more than two daj's at a time, ... 17
quorum of, ........ 17, 45, 48
to choose officers, establish its rules, etc., .... 17
may punish by imprisonment, not exceeding thirty days, per- sons guilty of disrespect, etc. ; trial may be by committee, 17, 18
62 INDEX TO THE CONSTITUTION.
House of representatives, privileges of members, .... 18
may require the attendance of secretary of the commonwealth
in person or by deputy, ...... 26
may require the opinions of the justices of the supreme judi- cial court upon important questions of law, and upon solemn occasions, ........ 26
meeting for election to be held on the Tuesday next after the
first Monday of November, ...... 41
in case of failure to elect, meeting to be held on the fourth
Monday of November, . . . . . . 41, 42
to consist of two hundred and forty members, apportioned to the several counties equally, according to relative num- ber of legal voters, ....... 44
commissioners to divide counties into representative districts of contiguous territory, but no town or ward of a city to be divided, ......... 45
no district entitled to elect more than three representatives, . 45
board authorized to divide county into districts, to be certi- fied to by the secretary, the number of representatives to which the county is entitled, ...... 45
I.
Impeachments, by the house of representatives, to be tried by the senate; limitation of sentence; party convicted liable to indictment, . . . . . 15, 16
Incompatible offices, . . . . . . 31, 36
"Inhabitant," the word defined, ...... 13
Inhabitants, census to be taken in 1865, and every tenth year there- after, 38, 40, 44, 45
Insolvency, commissioners of, elected by the people of the several
counties; annulled, . . . . . . . 44, 49
Instruction of representatives, ....... 8
J.
Judges of courts may not hold certain other offices, . . . 31, 36 Judges of the supreme judicial court, to hold office during good behavior, and to have honorable salaries established by standing laws, . . 9, 23, 26
to give opinions upon important questions of law, etc., when required by the governor and council, or either branch of legislature, ......... 26
not to hold certain other offices, ...... 31
Judicatories and courts, may be estabhshed by the general court, . 11 may administer oaths or affirmations, . . . .11
Judicial department, not to exercise legislative or executive powers, 9
INDEX TO THE CONSTITUTION. 63
Page
Judicial officers, appointed by the governor with consent of council;
nominations to be made seven days prior to appointment, 21
to hold office during good behavior, except when otherwise
provided by the constitution, ..... 26
may be removed from office by the governor, upon the address
of both houses of the legislature, ..... 26
Jury, trial by, right secured, ....... 7
Justices of the peace, commissions to expire in seven years from
date of appointment, but may be renewed, ... 26 removal of, from office, ....... 49
L.
Land, etc., taking of, for widening or relocating highways, etc., . 49 Law-martial, only those employed in the army and navy, and the militia in actual service, subject to, except by authority of the legislature, ........ 9
Laws, every person to have remedy in, for injury to person or
property, ......... 6
power of suspension or execution of, only in the legislature, . 8
ex post facto, prohibited as unjust and inconsistent with free
government, ........ 9
of province, colony and state, not repugnant to the constitu- tion, continued in force, ...... 32
Legislative power, . . . . . . . . 9, 49
Legislative department, not to exercise executive or judicial powers, 9
Legislature (see General Court).
Liberty of the press, essential to the security of freedom, . . 8 Lieutenant governor, to be annually elected in November, — title of, His Honor; who shall be qualified same as gov- ernor, 23, 37, 41, 48
in the absence of governor, to be president of the council, . 24
to be acting governor when the chair of the governor is vacant, . 24 to take oath of office before president of the senate in pres- ence of both houses, ....... 31
not to hold certain other offices, ...... 31
term of office, ......... 37
Literature and the sciences to be encouraged, .... 29
M.
Magistrates and officers, accountable to the people, ... 5
Magistrates and courts, not to demand excessive bail, impose ex- cessive fines, or inffict cruel punishments, ... 9
Major generals, elected by senate and house of representatives by
concurrent vote, ........ 21
may appoint their aids, ....... 22
Marriage, divorce and afimony, ....... 27
64
INDEX TO THE CONSTITUTION.
Page
Martial law, only those employed in the army and navy, and the militia in actual service, subject to, except by authority of legislature, .......
Military power, subordinate to civil authority. Militia, not to be obliged by commander-in-chief to march out of the limits of the state, ......
captains and subalterns, elected by the train-bands, all members of companies may vote, including minors, field officers, elected by captains and subalterns, brigadiers, elected by field officers, ....
major generals, elected by senate and house of representatives by concurrent vote, ......
mode of election of officers to be fixed by standing laws, . if electors refuse to elect, governor with advice of council may appoint officers, ......
oflBcers commissioned to command maj'^ be removed as may be prescribed by law, ......
appointment of staff officers, .....
organization; divisions, brigades, regiments and companies, Money, issued from treasury by warrant of governor, etc.,
mentioned in the constitution, to be computed in silver at six
shilhngs and eight pence per ounce.
Money bills, to originate in house of representatives.
Moneys, raised or appropriated for public or common schools, not
to be apphed for support of sectarian schools, . Moral obligations of lawgivers and magistrates, Moral qualifications for oflBce, ......
21 21,35 35 21 21
21 21
22
22,35 22 22 22
32 17
43 8 8
Notaries public, to be appointed by governor with advice of coun- cil, . . . 25, 35
how removed, . . . . . . . . . 35, 49
o.
Oaths and affirmations, may be administered by courts and judica- tories, ......... 11
how and by whom taken and subscribed, . . 29, 30, 31, 35
forms of, 29, 30,. 35
Quakers may affirm, . . . . . . . . 30, 36
to be taken by all civil and military officers, .... 35
Objects of government, . . . . . 3, 6
Offences and crimes, prosecutions for, regulated, .... 7
Office of trust, person convicted of bribery, etc., not to hold, . . 32
Office, rotation in, right secured, ...... 6
all persons having the prescribed qualifications equally eli- gible to, ........ . 6
INDEX TO TPIE CONSTITUTION.
65
Page
Office, no person eligible to, unless they can read and write, . . 44
Officers, civil, legislature may provide for the naming and settling
of, 11
Officers, commission, tenure of office to be expressed in commis- sions, . . . . . . . . . .26
Officers, judicial, to hold office during good behavior, except, etc., . 26 may be removed by governor, with consent of council, upon
the address of both houses of the legislatui-e, ... 26 Officers of former government, continued, ..... 33
Officers of the militia, election and appointment of, . . . 21
removal of, . . . . . . . 22, 35
Officers and magistrates, accountable to the people, ... 5
Offices, plurality of, prohibited to governor, lieutenant governor
and judges, . . . . . . . . . 31, 36
incompatible, 31, 32, 36
Organization of the militia, ....... 22
P.
Pardon of offences, governor w^ith advice of council may grant, but
not before conviction, . . . . . .21
People, to have the sole right to govern themselves as a free, sover- eign and independent state, ...... 6
have a right to keep and to bear arms for the public defence, . 8
have a right to assemble to consult upon the common good, to
instruct their representatives, and to petition legislature, . 8
Person and property, remedy for injuries to, should be in the laws, 6
Petition, right of, ........ . 8
Plantations, unincorporated, tax-paying inhabitants may vote for
councillors and senators, . . . . . .14
Plurality of offices, . . . . . . . . .31
of votes, election of civil officers by, . . . . .41
Political year, begins on the first Wednesday of January, . . 37
Polls, ratable, census of, ........ 38
Preamble to constitution, ........ 3
Press, liberty of, essential to the security of freedom, ... 8
Private property taken for public uses, compensation to be made
for, .......... 6
Probate courts, provisions for holding, ..... 26
registers, elected by the people of the several counties, . . 21, 44
judges may not hold certain other offices, .... 36
Property qualification, may be increased by the legislature, . . 32
partially abolished, . . . . . . . .41
of governor, annulled, ........ 48
Prosecutions for crimes and offences regulated, .... 7
Provincial laws, not repugnant to the constitution, continued in
force, .......... 32
66 INDEX TO THE CONSTITUTION.
Public boards and certain officers to make quarterly reports to the
governor, ......... 22
Public notary (see Notary public).
Public officers, right of people to secure rotation, .... 6
all persons having the prescribed qualifications equally eli- gible, .......... 6
Public religious worship, right and duty of, . . . . 4
Punishments, cruel and unusual, not to be infficted, ... 9
Q.
Quakers, maj' make affirmation, ....... 30, 36
Qualification of persons to be elected to office may be increased by
the legislature, ........ 32
QuaUfication, property, of governor, abohshed, .... 48
Qualification, property, partially abolished, ..... 41
Qualifications, of a voter, .... 13, 17, 34, 44, 46, 47, 48
of governor, ........ 18, 43, 48
of lieutenant governor, ...... 23, 43, 48
of councillors, . . . . . . . 41, 43
of senators, . . . . . . . 15, 40, 46
of representatives, ....... 16, 41, 45
of secretary, treasurer, auditor, and attorney-general, 43
Qualifications, moral, of officers and magistrates, .... 8
Quartermasters, appointed by commanding officers of regiments, 22
Quorum, of council, . . . . 19, 24, 42
of senate, . . . . . . . 16, 46, 48
of house of representatives, ...... 17, 45, 48
R.
Ratable polls, census of, ........ 38
Reading and writing, knowledge of, necessary qualifications for
voting or holding office, ...... 44
Records of the commonwealth to be kept in the office of the secre- tary, .......... 26
Register of the council, resolutions and advice to be recorded in,
and signed by members present, ..... 25
Registers of probate, chosen by the people of the several counties, 21, 44
Religious denominations, equal protection secured to all, . . 5, 38
Religious sect or denomination, no subordination of one to another
to be estabUshed by law, . 5, 38
Religious societies, may elect their own pastors or religious teachers, 5, 38
membersliip of, defined, ....... 38
Religious worship, pubUc, right and duty of, and protection therein, 4 support of the ministry, and erection and repair of houses of
worship, . . . . . . . . 4, 5, 38
Remedies by recourse to the law, to be free, complete and prompt, . 6
INDEX TO THE CONSTITUTION. 67
Page Representatives (see House of representatives). Resolves (see Bills and resolves).
Returns of votes, 13, 19, 42, 43
Revision of con.stitution pro\n(led for in the year 1795, ... 33 Rights, declaration of, ....... . 4
s.
Sailors and soldiers, who have served, etc., during time of war, not disquahfied from voting on account of non-payment of poll tax, ......... 48
Salarj', a stated and honorable salary to be established for the
governor, ......... 23
permanent and honorable salaries to be estabhshed for the justices of the supreme judicial court, and to be enlarged
if not sufficient, 9, 23
School moneys, not to be appropriated for sectarian schools, . . 44
Seal, great, of the commonwealth to be affixed to all commissions, . 32 Search, seiziu-e and arrest, right of, regulated, .... 7
Secretary of the commonwealth, to be chosen by the people annually
in November, . . . 25, 43
to hold office for one j'ear from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43 manner of election, etc., same as governor, .... 43
in failure of election by voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legislature, from the two persons ha^^ng the highest number of votes at November election, ....... 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislatm-e from the people at large, . 43 vacancy occurring when legislature is not in session, to be filled by governor, by appointment, with advice and con- sent of council, . . . . . 35, 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten daj's, ..... 43
records of commonwealth to be kept in office of, . . . 26 may appoint deputies, for whose conduct he shall be account- able, 26
to attend governor and council, senate and house, in person or
by deputies, as they shall require, . • . . . .26
to attest all commissions, ....... 32
to certify to board authorized to divide county into districts, the number of representatives to which the county is entitled, ......... 45
Sectarian schools, not to be maintained at public expense, . 44
Selectmen, to preside at town meetings, elections, etc., ... 13 Self-government, right of, asserted, ...... 5
68 INDEX TO THP: CONSTITUTION.
Page
Senate, the first branch of the legislature, . . . . . 10, 13
to consist of forty members, apportionment, etc., . . 12, 39, 46
to be chosen annually, . . . . . . .13
governor and at least five councillors, to examine and count
votes, and issue summonses to members, . . . 14
to be final judges of elections, returns and qualifications of
their own members, ....... 14
vacancy to be filled by election, by people of the district, upon
order of majority of senators elected, . . . . 15, 46
qualifications of a senator, . . . . . . 15, 41
not to adjourn more than two days at a time, ... 15
to choose its officers and establish rules, .... 15
shall try all impeachments, . , . . . . . 15, 17
quorum of, ........ 16, 46, 48
may punish for certain offences; trial may be by committee, . 18 may require the attendance of the secretary of the common- wealth in person or by deputy, ..... 26
may require the opinions of the justices of the supreme judicial court upon important questions of law, and upon solemn occasions, ......... 26
to enter objections, made by governor to passage of a bill or
resolve, at large on records, ...... 10
districts, forty in number, to be of adjacent territorj', and to
contain, as near as may be, an equal number of voters, . 46 apportionment based upon legal voters, .... 46
Sheriffs, elected by the people of the several counties, . . . 21, 44
Silver, value of money mentioned in the constitution to be computed
in silver at six shillings and eight pence per ounce, . 32
Soldier, not to be quartered in any house, in time of peace, without
consent of owner, ....... 9
Soldiers and sailors, who have served in time of war, etc., not dis- qualified from voting on account of non-payment of poll tax, 48 Sohcitor-general, ......... 21
Standing armies, dangerovis to liberty and not to be maintained
without consent of the legislature, ..... 8
State or body politic, entitled, — The Commonwealth of Massachu- setts, 10
Streets, etc., taking of land for widening or relocating, powers of the
legislature concerning, . . . . . . .49
Supreme judicial court, judges to have honorable salaries fixed by
standing laws, and to hold office during good behavior, . 9, 23 to give opinions upon important questions of law, etc., when required by either branch of the legislature or by the gov- ernor and council, ....... 26
not to hold certain other offices, . . . . . . 31, 36
Sureties of bail, excessive, not to be required, .... 9
INDEX TO THE CONSTITUTION.
69
T.
Page Taxation should be founded on consent, . . . . . 6, 8
Taxes, not to be levied without the consent of the people or their
representatives, ........ 8
may be imposed by the legislature, ..... 12
valuation of estates, to be taken anew once at least every ten
years, 12
Tenure that all commission officers shall bjf law have in their offices,
shall be expressed in their conunissions, .... 26
Tests abolished, ......... 36
Title of body pohtic, — The Commonwealth of Massachusetts, . 10 Title of governor to be, — His Excellency, ..... 18
Title of heutenant governor to be, — His Honor, .... 23
Town clerk, to make record and return of elections, ... 13 Town meetings, selectmen to preside at, ..... 13
Town representation in the legislature, . .16, 39, 40
Towns, voting precincts in, ....... 47
Travelling expenses of members, to general assembly and re- turning home, once in every session, to be paid by the government, . . . . . .16
Treason and felony, no subject to be declared guilty of, by the
legislature, ......... 9
Treasurer and receiver general, to be chosen by the people an- nually in November, . . . . . . 25, 26, 43
to hold office for one year from third Wednesday in January
next thereafter, and until another is chosen and qualified, 43
manner of election, etc., same as governor, .... 43
not eligible, unless an inhabitant of the state for five years
next preceding election or appointment, .... 43
no man ehgible more than five years successively, . . .25, 26
in failure of election by voters, or in case of decease of person elected, vacancy to be filled by joint ballot of legislature from the two persons having the highest number of votes at November election, ....... 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislature from the people at large, . 43 vacancy occurring when legislature is not in session, to be filled by governor, by appointment, with advice and con- sent of the council, . . . . .35, 43
office to be deemed vacant if person elected or appointed fails
to be qualified witliin ten days, ..... 43
Treasury, no moneys to be issued from, but upon the warrant of
governor, except, etc., ....... 22
Trial by jury, right to, secured, ....... 7
guaranteed in criminal cases, except in army and navy, . . 7
70 INDEX TO THE CONSTITUTION.
U.
Page University at Cambridge, . 27, 28, 47
y.
Vacancy in office of governor, powers to be exercised by lieutenant
governor, ......... 24
Vacancy in offices of governor and lieutenant governor, powers
to be exercised by the council, ..... 25
Vacancy in the council, to be filled by the election of a resident of the district by concurrent vote of the senate and house; if legislature is not in session, to be filled by governor with advice of the council, . . . 42, 47
Vacancy in the senate, to be filled by election by the people upon
the order of a majority of senators elected, . . . 15, 46
Vacancy in office of secretary, treasurer, auditor and attorney- general, caused by decease of person elected, or failure to elect, filled by joint ballot of legislature from the two persons having highest number of votes at November election, . 43 occurring during session of legislature, filled by joint ballot
of legislature from people at large, ..... 43 occurring when legislature is not in session, to be filled by
governor, by appointment, with advice of council, . . 35, 43
Vacancy in militia office, filled by governor and council, if electors
neglect or refuse to make election, . . . . 21, 22
Valuation of estates, to be taken anew once in every ten years at
least, .......... 12
Veto power of the governor, . . . . . .10
Voters, qualifications of, at elections for governor, lieutenant gov- ernor, senators and representatives, 13, 17, 34, 44, 46, 47, 48 not disqualified on account of non-payment of poll tax if they
have served in the army or navy in time of war, etc., . 48 male citizens, twenty-one years of age, who have resided in the state one year, and within the town or district six months, who have paid a state or county tax within two years next preceding the election of state officers, and such as are exempted by law from taxation, but in other respects quahfied, and who can write their names and read the constitution in the English language, . 17, 34, 44
the basis upon which the apportionment of representatives
to the several counties is made, ..... 44 basis of apportionment of senators, ..... 46 census of, to be taken in 1865, and every tenth year after, . 44, 46
Votes, returns of, 13, 19, 42, 43
plurality of, to elect civil officers, ...... 41
Voting machines may be used at elections, ..... 49
Voting precincts in towns, ........ 47
INDEX TO THE CONSTITUTION. 71
W.
Page Worship, public, the right and duty of all men, ... 4
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap and expeditious manner, and not to be suspended by legislature, except for a limited time, .... 32
Writing and reading, necessary qualifications for voting, or hold- ing office, ......... 44
Writs, to be issued in the name of the commonwealth under the seal of the court, bear test of the first justice, and be signed by the clerk, ....... 32
Y.
Year, political, begins on the first Wednesday of January, . . 37
ACTS AND RESOLVES
OF
MASSACHUSETTS. 1912.
1^= The General Court of the year nineteen hundred and twelve assembled on Wednesday, the third day of January. The oaths of office were taken and subscribed by His Excellency Eugene N. Foss and His Honor Robert Luce, on Thursday, the fourth day of January, in the presence of the two Houses assembled in convention.
ACTS.
An Act making appropriations for the compensation (jfi^jf
OF THE MEMBERS OF THE GENERAL COURT, FOR THE COM- PENSATION OF CERTAIN OFFICERS THEREOF, AND FOR EX- PENSES IN CONNECTION THEREWITH.
lie it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. The sums hereinafter mentioned are ap- Appropria- propriated, to be paid out of the treasury of the com- *'*"*^- monwealth from the ordinary revenue, for the purposes specified, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the compensation of senators, fortv-one thousand Senators,
, ,, ^ '■ compensation.
dollars.
For compensation for travel of senators, a sum not ex- Travel, ceeding thirty-two hundred dollars.
For the compensation of representatives, two hundred Represent*- and forty-one thousand dollars. pensation.
For compensation for travel of representatives, a sum not Travel. exceeding nineteen thousand dollars.
For the salary of Henry D. Coolidge, clerk of the senate, cierkofthe thirty-five hundred dollars. ''"''*^-
For the salary of William H. Sanger, assistant clerk' of ^^^**fjjj the senate, twenty-five hundred dollars. senate.
For such additional clerical assistance to the clerk of the clerical senate as may be necessary for the proper despatch of public ^^®'^'''"'=^- business, a sum not exceeding fifteen hundred dollars.
For the salary of James W. Kimball, clerk of the house of hiluge"^'^^ representatives, thirty-five hundred dollars.
For the salary of Frank E. Bridgman, assistant clerk of -^ylfl^^pl^^^ the house of representatives, twenty-five hundred dollars. house.
For such additional clerical assistance to the clerk of the clerical
1 p ... 1 p J.U assistance.
house oi representatives as may be necessary tor the proper
Acts, 1912. — Chap. 1.
Chaplains.
Doorkeepers, etc.
Assistant
doorkeepers,
etc.
Printing and binding.
Manual.
Senate stationery.
House stationery.
Contingent expenses.
Expenses of commiltees.
Advertising bearings.
Witness fees, etc.
Publication of bulletin.
despatch of public business, a sum not exceeding twenty-five hundred dollars.
For the compensation of the chaplains of the senate and house of representatives, six hundred dollars.
For the salaries of the doorkeepers of the senate and house of representatives, and the postmaster, forty-four hundred dollars.
For the compensation of assistant doorkeepers and mes- sengers to the senate and house of representatives, a sum not exceeding twenty-five thousand two hundred dollars.
For the compensation of the pages to the senate and house of representatives, a sum not exceeding sixty-one hundred and twenty dollars.
For printing and binding ordered by the senate and house of representatives, or by concurrent order of the two branches, a sum not exceeding thirty-eight thousand dollars.
For printing and binding the manual for the general court, under the direction of the clerks of the senate and house of representatives, a sum not exceeding five thousand dollars.
For stationery for the senate, purchased by the clerk, a sum not exceeding eight hundred dollars.
For stationery for the house of representatives, purchased by the clerk, a sum not exceeding one thousand dollars.
For contingent expenses of the senate and house of rep- resentatives, and necessary expenses in and about the state house, a sum not exceeding sixty-five hundred dollars.
For authorized expenses of committees of the present general court, including clerical assistance to committees authorized to employ the same, a sum not exceeding fifteen thousand dollars.
For expenses of advertising hearings of the committees of the present general court, including expenses of preparing and mailing the advertisements to the various newspapers, a sum not exceeding ten thousand dollars.
For expenses of summoning witnesses, and for fees of such witnesses, a sum not exceeding two hundred dollars.
For expenses in connection with the publication of the bulletin of committee hearings, a sum not exceeding forty- five hundred dollars.
Section 2. This act shall take effect upon its passage.
Ayinoved January 10, 1912.
Acts, 1912. — Chaps. 2, 3.
An Act relative to the nomination of candidates for Phn^ o
A SPECIAL ELECTION FOR REPRESENTATIVE IN THE GEN- ERAL COURT IN THE TENTH PLYMOUTH DISTRICT.
Be it enacted, etc., as foUoics:
Section 1. In the nomination of candidates of politi- Nomination
Pii , • 1 rr^ p ' of candidates
cal parties to nil the vacancy ni the omce or representative tofiiia in the general court in the tenth Plymouth district, caused by the death of Portus B. Hancock, nominations shall be made in the manner provided in chapter five hundred and sixty of the acts of the year nineteen hundred and seven, relating to caucuses for special elections. Section 2. This act shall take effect upon its passage.
Approved January 16, 1912.
Chap.
An Act directing the treasurer and receiver general to issue all bonds and scrip upon the serial payment
PLAN.
Be it enacted, etc., as follows:
Section 1. The treasurer and receiver general shall issue Bonda, etc.. all bonds or scrip of the commonwealth, now or hereafter mo'il'we'aTth to authorized, upon the serial payment plan. The said plan seriafpaym^t shall provide for the issue of bonds or scrip to be paid serially p'^"- in such amounts and at such times as shall be determined by the treasurer and recei\'er general, with the approval of the governor and council, to be for the best interests of the commonwealth; the bond last payable in any such issue to become due at a date not later than the time named in the act.
Section 2. The treasurer and receiver general shall Anaounttobe annually certify to the auditor of the commonwealth the state tax. amount necessary to be included in the state tax to provide for such serial payments on account of any bonds or scrip of the commonwealth, which amount shall be included in the state tax ordered to be assessed for the year in which such payments are to be made.
Section 3. On all bonds or scrip that have been or Assessmenta may hereafter be issued for the benefit of any of the met- l^"an ^*''^°" ropolitan districts, so-called, the treasurer and receiver '^'^''■'^*'S- general shall assess upon the said metropolitan districts annually amounts necessary for the payment of the serial bonds falling due, and shall collect the same in the same
Acts, 1912. — Chap. 4.
Application of premium.
Surplus.
Repeal.
manner as assessments for sinking fund purposes are col- lected.
Section 4. Any premium received on the sale of bonds or scrip authorized by this act shall be applied to the pay- ment of the principal of the first bond or bonds which mature.
Section 5. When any sinking fund of the common- wealth contains more than an amount sufficient with its accumulations added, calculated on the basis on which the funds are figured, to extinguish at maturity the indebted- ness for which it was established, the treasurer and receiver general shall add such surplus to any other sinking funds which are not sufficient with their accumulations, calculated as aforesaid, to meet the indebtedness for which they were established.
Section 6. All acts and parts of acts inconsistent here- with are hereby repealed.
Section 7. This act shall take effect upon its passage.
Approved January 22, 1912.
Chap, 4 An Act making appropriations for salaries and ex- penses in the judicial department of the common- wealth.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the salaries and expenses of the judicial department of the commonwealth for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
Appropria- tioaa.
Chief Justicea and associate justicea.
Clerk.
Clerical assistance to clerk.
Clerical assistance to Justices.
Expeaaea.
Reporter of decisions, etc.
SUPREME judicial COURT.
For the salaries and travelling expenses of the chief justice and of the six associate justices, seventy-four thousand dollars.
For the salary of the clerk, three thousand dollars.
For clerical assistance to the clerk, eight hundred dollars.
For clerical assistance to the justices, a sum not exceeding twenty-five hundred dollars.
For expenses of the supreme judicial court, a sum not exceeding two thousand dollars.
For the salary of the reporter of decisions, four thousand dollars; and for clerk hire and incidental expenses of said reporter, a sum not exceeding five thousand dollars.
Acts, 1912. — Chap. 4. 7
For the salaries of the officers and messenger, twenty-four officers and
, J J J n messenger.
hundred dollars.
For the salary of the clerk for the county of Suffolk, fifteen cierk, hundred dollars. county.
For the salary of the assistant clerk for the county of ^^XiT* *'''"^''' Suffolk, five hundred dollars. county.
For the salaries of the retired justices, thirteen thousand PgUces. one hundred and twenty-five dollars.
SUPERIOR COURT.
For the salaries and travelling expenses of the chief justice superior court, and of the twenty-seven associate justices, two hundred and thirty-eight thousand five hundred dollars.
For the salary of the assistant clerk, five hundred dollars. Assistant clerk.
For printing, transportation of papers and documents, Priming, etc. and for incidental expenses of the superior court, a sum not exceeding four hundred dollars.
For the salary of the retired justice of the superior court, Retired justice. six thousand dollars.
COURTS OF PROBATE AND INSOLVENCY.
For the salary of the judge for the county of Barnstable, Judge of
• 1. -1 1 Till probate, etc.
eighteen riundred dollars. Barnstable.
For the salary of the judge for the county of Berkshire, Berkshire. twenty-five hundred dollars.
For the salary of the judge for the county of Bristol, Bristol. forty-five hundred dollars.
For the salary of the judge for the county of Dukes County, Dukes nine hundred dollars.
For the salaries of the two judges for the county of Essex, Essex, eight thousand dollars.
For the salary of the judge for the county of Franklin, Franklin. eighteen hundred dollars.
For the salary of the judge for the county of Hampden, nampden. thirty-eight hundred dollars.
For the salary of the judge for the county of Hampshire, Hampshire. eighteen hundred dollars.
For the salaries of the two judges for the county of Middle- Middlesex, sex, ten thousand dollars.
For the salary of the judge for the county of Nantucket, Nantucket. nine hundred dollars.
For the salary of the judge for the county of Norfolk, Norfolk. four thousand dollars.
8
Acts, 1912. — Chap. 4.
Plymouth.
Suffolk.
Worcester.
Retired judges.
Judges acting in other counties.
Register, Barnstable.
Berkshire.
Bristol.
Dukes
County.
Essex.
Franklin.
Hampden.
Hampshire.
Middlesex.
Nantucket.
Norfolk.
Plymouth.
Suffolk.
Worcester.
Assistant
register,
Barnstable.
Berkshire. Bristol.
For the salary of the judge for the county of Plymouth, twenty-seven hundred dollars.
For the salaries of the two judges for the county of Suffolk, twelve thousand dollars.
For the salaries of the two judges for the county of Worcester, seventy-five hundred dollars.
For the salaries of retired judges, a sum not exceeding five hundred dollars.
For the compensation of judges acting in other counties than their own, a sum not exceeding fifteen hundred dollars.
For" the salary of the register for the county of Barnstable, sixteen hundred dollars.
For the salary of the register for the county of Berkshire, nineteen hundred dollars.
For the salary of the register for the county of Bristol, thirty-five hundred dollars.
For the salary of the register for the county of Dukes County, eight hundred dollars.
For the salary of the register for the county of Essex, thirty- five hundred dollars.
For the salary of the register for the county of Franklin, sixteen hundred dollars.
For the salary of the register for the county of Hampden, thirty-one hundred dollars.
For the salary of the register for the county of Hampshire, sixteen hundred dollars.
For the salary of the register for the county of Middlesex, four thousand dollars.
For the salary of the register for the county of Nantucket, eight hundred dollars.
For the salary of the register for the county of Norfolk, twenty-seven hundred dollars.
For the salary of the register for the county of Plymouth, twenty-two hundred dollars.
For the salary of the register for the county of Suffolk, five thousand dollars.
For the salary of the register for the county of Worcester, thirty-five hundred dollars.
For the salary of the assistant register for the county of Barnstable, five hundred and fifty dollars.
For the salary of the assistant register for the county of Berkshire, nine hundred and fifty dollars.
For the salary of the assistant register for the county of Bristol, twenty-three hundred dollars.
Acts, 1912. — Chap. 4.
For the salaries of the assistant registers for the county Essex. of Essex, forty-one hundred dollars.
For the salary of the assistant register for the county of ^'^ankiin. Franklin, six hundred dollars.
For the salary of the assistant register for the county of Han>pden. Hampden, fifteen hundred and fifty dollars.
For the salary of the assistant register for the county of Hampshire. Hampshire, seven hundred dollars.
For the salaries of the assistant registers for the county of Middlesex. Middlesex, seven thousand dollars.
For the salary of Joseph R. McCoole, assistant register Norfolk. for the county of Norfolk, sixteen hundred and fifty dollars.
For the salary of the assistant register for the county of •'^"ffoi^. Suffolk, twenty-eight hundred dollars.
For the salary of the second assistant register for the Second county of Suffolk, twenty-eight hundred dollars. ^'''''^''*-
For the salary of the assistant register for the county of Worcester. Worcester, twenty-three hundred dollars.
For extra clerical assistance to the register for the county clerical of Barnstable, a sum not exceeding four hundred thirty- Barns'tabie. three dollars and thirty-four cents.
For extra clerical assistance to the register for the county Berkshire, of Berkshire, a sum not exceeding six hundred dollars.
For extra clerical assistance to the register for the county Bristol. of Bristol, a sum not exceeding three thousand sixty-six dollars and sixty-seven cents.
For extra clerical assistance to the register for the county Dukes of Dukes County, a sum not exceeding two hundred sixty- **"'^'^- six dollars and sixty-seven cents.
For extra clerical assistance to the register for the county Essex. of Essex, a sum not exceeding seven thousand sixteen dollars and sixty-seven cents.
For extra clerical assistance to the register for the county Franklin, of Franklin, a sum not exceeding four hundred dollars.
For extra clerical assistance to the register for the county Hampden. of Hampden, a sum not exceeding twenty-six hundred thirty- three dollars and thirty-three cents.
For extra clerical assistance to the register for the county Hampshire, of Hampshire, a sum not exceeding six hundred dollars.
For extra clerical assistance to the register for the county Middlesex, of Middlesex, a sum not exceeding seventy-three hundred thirty-three dollars and thirty-three cents.
For extra clerical assistance to the register for the county Nantucket. of Nantucket, a sum not exceeding three hundred dollars.
10
Acts, 1912. — Chap. 4.
Norfolk.
Plymouth.
Suffolk. Worcester.
Clerk, Suffolk.
For extra clerical assistance to the register for the county of Norfolk, a sum not exceeding two thousand thirty-three dollars and thirty-three cents.
For extra clerical assistance to the register for the county of Plymouth, a sum not exceeding twenty-one hundred dol- lars.
For extra clerical assistance to the register for the county of Suffolk, a sum not exceeding seventy-one hundred dollars.
For extra clerical assistance to the register for the county of Worcester, a sum not exceeding seven thousand sixteen dollars and sixty-six cents.
For the salary of the clerk of the register for the county of Suffolk, twelve hundred dollars.
District
attorney,
Suffolk
district.
Assistants.
Deputy
assistants.
Northern district.
Assistants.
Eastern district.
Assistant.
Southeastern district.
Assistant.
Southern district.
Assistant.
Middle district.
Assistant.
Western district.
DISTRICT ATTORNEYS.
For the salary of the district attorney for the Suffolk district, five thousand dollars.
For the salaries of the first, second and third assistant dis- trict attorneys for the Suffolk district, eleven thousand four hundred dollars.
For the salaries of the deputy assistants of the district attorney for the Suffolk district, thirty-six hundred dollars.
For the salary of the district attorney for the northern district, four thousand dollars.
For the salaries of the assistant district attorneys for the northern district, thirty-eight hundred dollars.
For the salary of the district attorney for the eastern dis- trict, three thousand dollars.
For the salary of the assistant district attorney for the eastern district, two thousand dollars.
For the salary of the district attornc}' for the southeastern district, twenty-four hundred dollars.
For the salary of the assistant district attorney for the southeastern district, sixteen hundred dollars.
For the salary of the district attorney for the southern district, twenty-four hundred dollars.
P^or the salary of the assistant district attorney for the southern district, sixteen hundred dollars.
For the salary of the district attorney for the middle dis- trict, twenty-four hundred dollars.
For the salary of the assistant district attorney for the middle district, sixteen hundred dollars.
For the salary of the district attorney for the western dis- trict, twenty-four hundred dollars.
Acts, 1912. — Chaps. 5, 6. 11
For the salary of the district attorney for the northwestern Northweatem district, thirteen hundred and fifty dollars. '''^^"''*-
For travelling ex])enses necessarily incurred by the district Travelling attorneys, except in the Suffolk district, a sum not exceeding fifteen hundred dollars.
COMMISSION ON PROBATION.
For expenses of the commission on probation, a sum not o°'"r'^,',|\\°on exceeding five thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
An Act making appropriations for salaries and ex- nhnjy 5
PENSES OF THE LAND COURT.
Be it enacted, etc., as Jollmvs:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the commonwealth co°urt'. ''^"'^ from the ordinary revenue, for the court of land registration, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the salary of the judge of the court, six thousand ■'"'^^®- dollars.
For the salary of the associate judge of the court, six Associate thousand dollars.
For the salary of the recorder of the court, forty-five hun- Recorder. dred dollars.
For clerical assistance in the office of the court, a sum not clerical
•1 n ^ 11111 assistance.
exceeding eighty-five hundred dollars.
For sheriffs' fees, advertising, surveying, examination of fggg"fjg titles, and sundry incidental expenses of the court, a sum not exceeding twenty-eight thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
An Act to authorize the town of natick to incur in- (JIkuj a debtedness for a high school building.
Be it enacted, etc., as follows:
Section 1. The town of Natick, for the purpose of .^cSK, erecting, furnishing and equipping a high school building ^"t of 1912. in the Centre village, so-called, in that town, and for the purchase of land therefor, is hereby authorized to borrow money beyond its statutory limit of indebtedness, to an
12
Acts, 1912. — Chap. 7.
Payment of loan.
Time of
taking effect.
amount not exceeding one hundred and ten thousand dollars, and to issue notes or bonds therefor. Such notes or bonds shall bear on the face thereof the words, Natick High School Loan, Act of 1912, and also the words, exempt from taxation in Massachusetts, shall be payable at the expiration of periods not exceeding twenty years from the respective dates of issue, shall bear interest, payable semi-annually, at a rate not exceeding four per cent per annum, and shall be signed by the treasurer and countersigned by the selectmen of the town. The town may sell such securities at public or private sale, upon such terms and conditions as it may deem expedient, but they shall not be sold for less than their par value.
Section 2. The town shall, at the time of authorizing the said loan, provide for the payment thereof in such annual proportionate payments as will extinguish the same within the time prescribed in this act; and when a vote to that effect has been passed the amount required thereby shall, without further vote, be assessed by the assessors of the town annually thereafter, in the same manner in which other town taxes are assessed, until the debt incurred by the loan is extinguished. The town shall also raise annually by taxation a sum which will be sufficient to pay the interest as it accrues on the notes or bonds issued under authority of this act.
Section 3. This act shall take effect upon its acceptance by a majority of the voters of the town present and voting thereon at a meeting duly called for the purpose.
Approved January 26, 1912.
Chap. 7 An Act relative to clerical assistance in the office
OF THE TREASURER AND RECEIVER GENERAL.
Be it enacted, etc., as follows:
Section 1. The treasurer and receiver general may expend annually a sum not exceeding forty-five hundred dollars for extra clerical assistance in his department.
Section 2. So much of section four of chapter six of the Revised Laws as is inconsistent herewith is hereby re- pealed.
Section 3. This act shall take effect upon its passage.
Approved January 26, 1912.
Clerical assistance.
Repeal.
tions.
Acts, 1912. — Chap. 8. 13
An Act making appropriations for salaries and ex- QfiQ^p g
PENSES IN THE EXECUTIVE DEPARTMENT OF THE COMMON- WEALTH.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for salaries and expenses in the executive department, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the salary of the governor, eight thousand dollars. Governor.
For the salary of the lieutenant governor, two thousand Lieutenant
. ni -i-i" 1 11 KO^Prnor
dollars; and for salaries of the council, sixty-four hundred and council. dollars.
For travelling expenses of the council, a sum not exceeding Travelling
, 1 1 11 expenses.
one thousand dollars.
For the salary of the private secretary of the governor. Private twenty-five hundred dollars.
For the salary of the executive secretary, twenty-five Executive
, , 1 1 II secretary.
liundred dollars.
For the salary of the present stenographer, a sum not stenographer, exceeding eighteen hundred dollars.
For the salary of the clerk, a sum not exceeding twelve cierk. hundred dollars.
For the salary of the messenger, twelve hundred dollars. Messenger.
For the salary of the assistant messenger, one thousand 4essen°er dollars.
For contingent expenses, a sum not exceeding three Contingent
, 1 1 n expenses.
thousand dollars.
For postage, printing and stationery, a sum not exceeding Postage,
, 1 1 ] 1 11 printing, etc.
twelve hundred dollars.
For travelling and contingent expenses of the governor and J/pJ,^seJ)^etc. council, a sum not exceeding twenty-five hundred dollai-s.
For postage, printing and stationery for the council, a sum council, not exceeding five hundred dollars. postage.
For payment of extraordinary expenses, to be expended Extraordinary under the direction of the governor and council, a sum not exceeding one hundred thousand dollars.
For the preparation of tables and indexes relating to the Tables and statutes of the present year and previous years, a sum not atat'lrtM." exceeding five hundred dollars.
14
Acts, 1912. — Chap. 9.
Arrest of fugitives.
For expenses incurred in the arrest of fugitives from justice, a sum not exceeding one thousand dollars. Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
Appropria- tions.
Chap. 9 An Act making appropriations for salaries and expenses
IN THE department OF THE TREASURER AND RECEIVER GENERAL.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the department of the treas- urer and receiver general, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the salary of the treasurer and receiver general, five thousand dollars.
For the salary of the first clerk, twenty-six hundred dollars.
For the salary of the second clerk, twenty-one hundred dollars.
For the salary of the third clerk, eighteen hundred dollars.
For the salary of the receiving teller, eighteen hundred dollars.
For the salary of the paying teller, eighteen hundred dollars.
For the salary of the assistant paying teller, twelve hundred dollars.
For the salary of the cashier, twenty-two hundred dollars.
For the salary of the assistant bookkeeper, fifteen hundred dollars.
For the salary of the fund clerk, fifteen hundred dollars.
For the salary of an additional clerk and bank messenger, fifteen hundred dollars.
For the salary of the record clerk, one thousand dollars.
For the salary of the stenographer, nine hundred dollars.
For the salary of the messenger, one thousand dollars.
For such additional clerical assistance as may be necessary for the despatch of public business, a sum not exceeding thirty-five hundred dollars.
For incidental and contingent expenses, a sum not exceed- ing five thousand dollars.
For such expenses as the treasurer and receiver general may find necessary in carrying out the provisions of the
Treasurer and
receiver
general.
First clerk. Second clerk.
Third clerk.
Receiving teller.
Paying teller.
Assistant paying teller.
Cashier.
Assistant bookkeeper.
Fund clerk.
Additional clerk, etc.
Record clerk.
Stenographer.
Messenger.
Clerical assistance.
Expenses.
Additional expenses.
Acts, 1912. — Chap. 10. 15
act imposing a tax on collateral legacies and successions, a sum not exceeding one thousand dollars. Section 2. This act shall take effect upon its passage. Api^roved January 26, 1912.
An Act making appropriations for salaries and ex- z^/,^^ in penses in the department of the secretary of the ^ * commonwealth.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the commonwealth *'°°*- from the ordinary revenue, for the department of the secre- tary of the commonwealth, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the salary of the secretary of the commonwealth, Secretary. five thousand dollars.
For the salary of the first dejDuty, twenty-five hundred First deputy. dollars.
For the salary of Herbert II. Boynton, deputy, three second thousand dollars. ^"p"'^-
For the salary of the present corporation clerk, two thou- corporation sand dollars. '^''^''''•
For the salary of the chief of the archives division, two chief of thousand dollars. archives.
For the salary of the present engrossing clerk, sixteen Engrossing hundred dollars. '^''^'■'^•
For the salary of the cashier, a sum not exceeding twelve cashier. hundred dollars.
For messengers and additional clerical assistance, a sum clerical not exceeding twenty-six thousand dollars. assistance,
For incidental and contingent expenses, a sum not exceed- Expenses, ing five thousand dollars.
For the arrangement and preservation of state records and Preservation papers, a sum not exceeding two thousand dollars. etc.
For postage and expressage on documents, and for print- Postage, etc. Ing and mailing copies of bills and resolves to certain state, city and town officials, a sum not exceeding fifty-five hundred dollars.
For furnishing cities and towns with ballot boxes and for Baiiot boxes. repairs to the same, a sum not exceeding one thousand dol- *^'''' lars.
16
Acts, 1912. — Chap. 11.
Counting apparatus.
Regimental histories.
Town records of births, etc.
For the purchase of apparatus to be used at polHng places in the canvass and count of votes, a sum not exceeding two hundred and fifty dollars.
For the purchase of histories of regiments, batteries and other military organizations of the Massachusetts volunteers who served in the civil war, a sum not exceeding one thou- sand dollars.
For the preservation of town records of births, marriages and deaths previous to the year eighteen hundred and fifty, a sum not exceeding fifteen thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
Chap. 11 An Act making appropriations for salaries and ex- penses IN the department of the auditor of the commonwealth.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- priated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for the auditor's department, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the salary of the auditor, five thousand dollars.
For the salary of the deputy auditor, thirty-five hundred dollars.
For the salary of the supervisor of accounts, twenty-five hundred dollars.
For the salary of the first clerk, twenty-five hundred dol- lars.
For the salary of the second clerk, twenty-two hundred dollars.
For additional clerks, examiners and stenographers, a sum not exceeding fourteen thousand dollai-s.
For the salary of the messenger, nine hundred dollars.
For the salary of the state printing expert, a sum not exceeding fifteen hundred dollars.
For incidental and contingent expenses, a sum not exceed- ing thirty-five hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
Apprppria tions.
Auditor.
Deputy auditor.
Supervisor of accounts
First clerk.
Second clerk.
Additional clerks, etc.
Messenger,
Printing expert.
Expenses.
Acts, 1912. — Chaps. 12, 13. 17
An Act making appropriations for salaries and ex- QjiQ^^y ]^2
PENSES IN THE DEPARTMENT OF THE ATTORNEY-GENERAL.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro- Appropria- priated, to be paid out of the treasury of the commonwealth ''°''^' from the ordinary revenue, for the attorney-general, for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve, to wit : —
For the salary of the attorney-general, five thousand generaf^' dollars.
For the compensation of assistants in his office, and for Assistants, such additional legal assistance as may be deemed necessary, and also for any other necessary expenses, a sum not exceed- ing forty-five thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
An Act relative to the payment of members of the Chap. 13
GENERAL COURT.
Be it enacted, etc., as follows:
Section 1. Section ten of chapter three of the Revised ^" ^;^ ^nJ/^'d Laws, as amended by chapter one hundred and sixty-three of the acts of the year nineteen hundred and seven, is hereby further amended by inserting after the word "hundred", in the second and ninth lines, respectively, the words: — and fifty, — so as to read as follows: — Section 10. Each Payments of member of the general court shall be entitled to be paid one the general hundred and fifty dollars on account at the end of each month; but such monthly payments shall not exceed, in the aggregate, the compensation of the member for the annual session; and a member may, under such regulations as the treasurer and receiver general shall prescribe, be paid twice in any month to an amount not exceeding the proportion then due at the rate of one hundred and fifty dollars monthly.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1912.
court.
\\
18
Acts, 1912. — Chaps. 14, 15, 16.
Chap. 14 An Act making an appropriation for expenses in con- nection WITH THE ESTABLISHMENT OF LIFE INSURANCE departments by SAVINGS BANKS.
Be it enacted, etc., as follows:
Section 1. A sum not exceeding fifteen thousand dol- lars is hereby appropriated, to be paid out of the treasury of the commonwealth from the ordinary revenue, for salaries and expenses in connection with the establishment of life insurance departments by savings banks for the fiscal year ending on the thirtieth day of November, nineteen hundred and twelve.
Section 2. This act shall take effect upon its passage.
Approved January