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.^A
ACTS
RESOLVES
PASSED BY THE
€tmml (3(0«rt 4 ItlaJJ^a^httSf tts,
IN THE TEAR
1895,
TOGETHER WITH
THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,
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.
BOSTON :
WRIGHT & POTTER PRINTING CO., STATE PRINTERS,
18 Post Office Square.
1895.
A CONSTITUTION
FORM OF GOVERNMENT
Commonfcoelt^ of gtassacljusatts.
PKEAMBLE.
The end of the institution, maintenance, and administra- objects of tion of government, is to secure the existence of the body s°'''^''°™''" • politic, to protect it, and to furnish the individuals who compose it with 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 pontic, of individuals : it is a social compact, by which the whole nTnaml^! ' 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 provide 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 secu- rity 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- ably, without fraud, violence, or surprise, of entering into
CONSTITUTION OF THE
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 Rights^ and Frame of Government, as the Constitution of the Com- monwealth OF Massachusetts.
Equality and daturarrights of all tneu.
Rigiht and duty of public reli- gious worship. Protection therein. 2 Cush. 104. 12 Allen, 129.
Amendment, Art. XI. substi- tuted for this.
Legislature em- powered to com- pel provision for public worBhip;
PART THE FIRST.
A Declaration of the liights of the Inhabitants of the Qommonwealth of Massachusetts.
Article I. All men arc 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, possessing, and protecting property ; in fine, that of seeking and ob- taining their safety and happiness.
II. It is the right as well as the dut}' of all men in society, 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 disturb the public peace, or ob.stiaict 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 moralit}^ ; and as these cannot ])e 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 retjuire, the several towns, parishes, precincts, and other bodies politic, or religious societies, to make suitable provision, at their own expense, for the in.stitution of the public worship of God, and for the sup})oit and maintenance of public Protestant teachers
COMMOX^VEALTH OF MASSACHUSETTS. 5
of piety, relipon, and morality, in all cases where such provision shall not be made voluntarily.
And the people of this commonwealth have also a right attTnliLnce ^°''' to, and do, invest their legislature with authority to enjoin tiiereon. 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- gLurteafhets' ties, shall, at all times, have the exclusive right of electing ^^'="'■6^. their pulilic teachers, and of contracting with them for their support and maintenance.
And all moneys paid by the subject to the support of ^^om°pa^rochiai public worship, and of the public teachers aforesaid, shall, taxes may be if he require it, be uniformly applied to the support of the public teacher or teachers of his own religious sect or de- nomination, provided there be any on whose instructions he attends ; otherwise it may be paid towards the support of the teacher or teachers of the parish or precinct in which the said moneys are raised.
And every denomination of Christians, demeaning them- Aiidenomina- selves peaceably, and as good subjects of the commonwealth , proTected!"^ shall be equally under the protection of the law : and no subordination subordination of any' one sect or denomination to another °^ °!l^ ^^^^ ^^
111 1 1 ■,• 1 T 1 t -, another pro-
shall ever be established by law.] hibited.
IV. The people of this commonwealth have the sole Right of seif- and exclusive right of governing themselves, as a free, fe°cure°dT°' sovereign, and independent state ; and do, and forever hereafter shall, exercise and enjoy every power, jurisdic- tion, and right, which is not, or may not hereafter Ipe, by them expressly delegated to the United States of America, in Congress assembled.
Y. All power residins^ oris-inally in the people, and Accountabiiitr
,. n • 1 c 1 1 1 ir' of all officers,
bemg derived trom them, the several magistrates and etc- officers of government, vested with authority, whether legislative, executive, or judicial, are their substitutes and agents, and are at all times accountable to them.
VI. Xo man, nor corporation, or association of men, services ren. have any other title to obtain advantages, or particular puwie^beinl the and exclusive privileges, distinct from those of the com- pecuuarprivi. munit3% than what arises from the consideration of ser- Jeges, heredi-
Ti .,. ii-'i • '■^''y o™ces are
Vices rendered to the public ; and this title being in absurd and nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man
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 defini- tion of" inhabit- ant," see Ch. 1, Sect. 2, Art. II. Right of protec- tion and duty of contribution correlative.
Taxation found- ed on consent. 16 Mass. 326. 1 Picli. 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 Alli-n, 150. 4 Allen, 474. Private prop- erty not to be taken for public uses without,
6 Gush. 327. 14 Gray, 155. 16 Gray, 417, 431.
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 protit, honor, or private interest of any one man, family, or class of men : Therefore the people alone have an incontestible, 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 prevent 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 oflBcers to return to private life ; and to fill up vacant places by certain and regular elections and appoint- ments.
IX. All elections ought to he 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 enjoyment of his life, liberty, and property, according to standing laws. He is obliged, con- sequentl}^ 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- sentatjve ))ody of the people. In fine, the people of this commonAvcalth are not controllable by any other laws than those to which their constitutional representative body have given their consent. And whenever the pub- lic exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonaljle compensation therefor.
1 Allen, 150.
11 Allen, 530.
12 Allen, 223, 230. 100 Mass. 544, 510.
103 Mass. 120, 624. 106 Mass. 350, 362. 108 Mass. 202, 213. Ill Mass. 130.
113 Mass. 45. 116 Mass. 463. 126 Mass. 428, 441.
127 Mass. 50, 52,
358,363, 410,413. 129 Mass. 559.
Remedies, by recourse to the law, to be free, complete and prompt.
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 justice freely, and without being obliged to purchase it;
COMMONWEALTH OF ]VIASSACHUSETTS. 7
completely, and without any denial ; promptly, and with- out delay ; conformably to the laws.
XII. No subject shall be held to answer for any crimes Prosecntiona or offence, until the same is fully and plainly, substantially, "pTck!!!!. and formally, described to him ; or be compelled to accuse, Jspicki^k or furnish evidence against himself. And every subject f-^l^^^o^^- shall have a right to produce all proofs that may be \-^^^^\^'^^- favorable to him ; to meet the witnesses against him face 5 Gray" leo. to face, and to be fully heard in his defence by himself, 10 Gray, ii! or his counsel, at his election. And no subject shall be 2 A^ien^.'sei^" arrested, imprisoned, despoiled, or deprived of his prop- ^(f-^^'^g' eily, immunities, or privileges, put out of the protection 473I ' ' of the law, exiled, or deprived of his life, liberty, or 97 Mass.'sTu,' estate, but by the judgment of his peers, or the law of looMass. 237,
the land. 103 Mass. 418.
107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554.
108 Mass. 5, 6. 120 Mass. 118, 120. 124 Mass. 4G4. 129 Mass. 559.
And the leo;islature shall not make any law that shall ?'sht to trial by
o . , . . "^ . , jury ID criminal
subject any person to a capital or intamous punishment, cases, except, excepting for the government of the army and navy, with- 8 Gray, 329, 373.
j_ X • 1 1 • 103 Mass. 418.
out trial by jury.
XIII. In criminal prosecutions, the verification of facts. Crimes to be in the vicinity where they happen, is one of the great- ?idnity!°
est securities of the life, liberty, and property of the m m^'ss. e'l, 62, citizen.
XIV. Every subject has a right to be secure from all Right of search
Tit -t • f ^ • ^ • ^iid seizure
unreasonable searches, and seizures, ot his person, his regulated. houses, his papers, and all his possessions. All warrants, Amend'tiv. " therefore, are contrary to this right, if the cause or founda- Iculix^fm. tion of them be not previously supported by oath or affir- I^q^I' \^ mation, and if the order in the warrant to a civil officer, to 10 AUen, 403*.
1 1 . - 1 1 . J '100 Mass. 136,
make search in suspected places, or to arrest one or more 139. suspected persons, or to seize their property, 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 property, and in Right to trial by
11 •, 1 . , ^ '■'-.. '' . jury sacred, ex-
all suits between two or more persons, except in cases 111 cept, etc.
which it has heretofore been otherways used and practised, Amend°t vif.'*
the parties have a right to atrial by jury ; and this method 7 pick." fee.'
of procedure shall be held sacred, unless, in causes arising; ^^fray, 144.
,11.1 1 1 \ , . . , ^8 Gray, 373.
on tne nign seas, and such as relate to mariners wages, ii Alien, 574, the legislature shall hereafter find it necessary to alter it. lo^Mass. 45^
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188. '*^' 120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.
CONSTITUTION OF THE
Liberty of the press.
Right to keep and bear arms. Standing armies dangerous. Mil- itary power sub- ordinate to civil. 5 Gray, 121.
Moral qualifica- tions for office.
Moral obliga- tions of lawgiv- ers and magis- trates.
Right of people to instruct rep- resentatives and petition legisla- ture.
Power to BUS- pend the laws or their execution.
Freedom of de- bate, etc., and reason thereof.
Frequent ees- Bions, and ob- jects thereof.
Taxation found ed on consent. 8 Allen, 247.
XVI. The lilierty 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 piety, 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 necessary for the good administration of the common- w'ealth.
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 sutler.
XX. The power of suspending the laws, or the execu- tion of the laws, ought never to l)e exercised but by the legislature, or l)y authority derived from it, to be exercised in such particular cases only as the legislature shall ex- pressly provide for.
XXI. The freedom of deliberation, speech, and debate, in cither 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 w^hatsoever.
XXII. 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 ^lASSACHUSETTS. 9
XXIV. Laws made to punish for actions done before ex post facto the existence of such laws, and which have not been de- 12'AnJn, 421? ' clared crimes by preceding laws, are unjust, oppressive, 424,428,434. 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 guilt}'' of treason or felony by the legisla- t^elsouretc. ture.
XXVI. No magistrate or court of law shall demand Excessive bailor
. ^ . . . , • (!• tines, and cruel
excessive bail or sureties, impose excessive lines, or mnict punishments,
, , . 1 , prohibited.
cruel or unusual punishments. 5 Gray, 482.
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 house^unie^sT^ in time of war, such quarters ought not to be made but *^''^'
by the civil magistrate, in a manner ordained by the legis- lature.
XXVIII. No person can in any case be subject to law- citizens exempt martial, or to any penalties or pains, by virtue of that law, ti'TiTunils'^'^etc. except those employed 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- cofm? """'^'"''^ ter, that there be an impartial interpretation of the laws, \^^^yfl^2. and administration of iustice. It is the right of every f'}|}en.59i-
• 1 T . 1 /• • • 1 1 • 1 7 Allen, 385.
citizen to be tried by judges as tree, impartial, and inde- 105 Mass. 219, pendent as the lot of humanity will admit. It is, therefore. Tenure "of their not only 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 ofBces as long as they behave themselves well ; and that they 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 ciTuanrfeill'" and judicial powers, or either of them : the executive shall JjJenfs.'*'^^^"' never exercise the legislative and judicial powers, or either \'^^l\^ll{ of them : the judicial shall never exercise the legislative s Aiien,'247,'253. and executive powers, or either of them: to the end it 2S6. ^** ' may be a government of laws and not of men. 114 Mass. 247,
lieMass. 317. 129 Mass. 559.
10
CONSTITUTION OF THE
Title of body politic.
PART THE SECOND. Tlie Frame of Government.
The people, inhabiting the territory formerly called the Province of Massachusetts Bay, do hereby solemnly and mutuall}^ agree with each other, to form themselves into a free, sovereign, and independent body politic, or state, by the name of The Commonwealth of Massachusetts.
Legislative department.
For change of time, etc., see amendments, Art. X.
Governor'sveto. 99 Mass. 63G.
Bill may be passed by two- thirds of each house, notwith- etaudiDg.
CHAPTER I.
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 Represen- tatives ; 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 AVednesday 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 olijections there- to, 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 Avith the objections, be sent to the other branch of the legislature, where it shall also be reconsid- ered, and if approved by two-thirds of the members pres- ent, shall have the force of a law : 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. For exception
1 • 1 T ^ • f 1 •11 in case of ad-
And in order to prevent unnecessary delays, it anv bill joummentof
, . the ^'eneral
or resolve shall not be returned liy the governor within court within live days after it shall have been presented, the same shall l^t amend' ^' have the force of a law. "Mass'.te"; '^^
HI. The general court shall forever have full power General court and authority to erect and constitute judicatories and ju'dTcatorfe's!"^ courts of record, or other courts, to be held in the name courts of record, of the commonwealth, for the hearing, tryins;, and deter- ?,*^''^>'' ^;. ,
• ^o^*/C' 22 Gray, 147,
mining of all manner of crimes, otFences, 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 courts and judicatories are hereby given and courts, etc.,
granted full power and authority, from time to time, to oaths.
administer oaths or affirmations, for the better discovery
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 ^cf ^°^'^'^ '""'' time to make, ordain, and establish, all manner of whole- IauIu,^-^. some and reasonable orders, laws, statutes, and ordinances, 12 Alien, 223, directions and instructions, either with penalties or with- 100 Mass. 544, out ; so as the same be not repugnant or contrary to this lie'jiass. 407, constitution, as they shall judge to be for the good and '"* welfare of this commonwealth, and for the government jaws^^t and ordering thereof, and of the subjects of the same, and repugnant for the necessary support and defence of the government 6 Alien, 35s'. thereof; and to name and settle annualh', or provide by may provide fixed laws for the naming and settling, all civil officers or appoLtmeut within the said commonwealth, the election and consti- n5°Sass.*602. tution of whom are not hereafter in this form of govern- ment otherwise provided for ; and to set forth the several th^r dmiel"^''^ 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 respectively administered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to
enact etc., not to constitution.
12
CONSTITUTION OF THE
may Impose taxed, etc. 12 Maes. 25-2.
5 Allen, 42S.
6 Allen, 558.
8 Allen, 247,253.
10 A lien, 235.
11 Allen, 268.
12 Allen, 77, 223, 235, 238, 240, 29S, SCO, 312, 313, 600, 612.
gS Mass, 19.
100 MaB8. 285.
101 Maes. 575, 5S5.
103 Mass. 2G7.
114 Mass. 3SS,
391.
lieMaes. 461.
118 Mass. 3SG,
389
123 Mass. 493,
495.
127 Maes. 413.
may impose taxes, etc., to be disposed of for defence, protec- tion, etc. 8 Allen, 247, 256. Valuation of estates once in ten years, at least, while, etc. 8 Allen, 247. 126 Maee. 547.
this con.?titution ; and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and persons resident, and estates lying, Avithin the said connnonwealth ; and also to impose and levy reasonable duties and excises upon any produce, goods, wares, merchandise, and commodities, whatsoever, brought into, produced, manufactured, or being within the same ; to be issued and disposed of by warrant, under the hand of the governor of this commonwealth for the time being, with the advice and consent of the council, for the public service, in the necessary defence and sup- port of the government of the said commonwealth, and the protection and preservation of the subjects thereof, according: to such acts as are or shall be in force within the same.
And while the public charges of government, or any part thereof, shall be assessed on polls and estates, in the manner that has hitherto been practised, in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth, taken anew once in every 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.
Senate, number of, and by whom elected. Superseded by amendments, Art. XIII., which was also superseded by amendments, Art. XSil.
For provision as to councillors, eee amend- ments, Art.
:\vi.
CHAPTER I. Sectiox II.
Senate.
Article I. [There shall bo annually elected, by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons to be councillors and senators for the year ensuing their election ; to be chosen l)y the inhabitants of the districts into which the commonwealth may, from time to time, be divided by the general court for that purpose : and the general court, in 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 timely make known to the inhabitants of the common- wealth the limits of each district, and the number of coun- 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, counties to be
, 1 11 T • • districts, until,
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. : — Suffolk, six ; Essex, six ; Middlesex, five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes County and Nantucket, one ; Worcester, five ; Cumberland, one ; Lincoln, one ; Berkshire, two.]
n. The senate shall be the first branch of the legisla- Manner and ture ; and the senators shall be chosen in the following man- sMatm-s and^'°^ ner, viz. : there shall be a meeting on the [first Monday in amTndmrats^**' April,] annually, forever, of the inhabitants of each town Ans.x. and in the several counties of this commonwealth ; to be called to cuies, see
1,11. ^ 1 • ^ /»! J amendments,
by the selectmen, and warned in due course or law, at Art. ii. least seven days before the [first Monday in April,] for qualifications of the purpose of electing persons to be senators and coun- gededbyamend- cillors ; [and at such meetings every male inhabitant of ments. Arts. twenty-one years of age and upwards, having a freehold xxviii.',xxx., estate within the commonwealth, of the annual income of xxxii.'"^ three pounds, or any estate of the value of sixty pounds, un"'^''^ defined!" shall have a riiiht to give in his vote for the senators for See also amend-
/•I'li- •! • ments, Art.
the district of which he is an inhabitant.] And to remove xxiii.,wiiich
iiiii • ji • I'ji 1 "11., was annulled by
all doubts concerning the meaning ot the word " inhabit- Art^xxvi. ant" in this constitution, every person shall be considered 122 Mass.'sijs, 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 wdiere he dwelleth, or hath his home.
The selectmen of the several towns shall preside at selectmen to
, .. . .,, Till •! preside at town
such meetings impartially ; and shall receive the votes meetings. of 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 As to cities, sea the selectmen and the town clerk, and shall be sealed up, A™f.°n?*'° *' directed to the secretary of the commonwealth for the time being, with a superscription, expressing the purport
14
COXSTITUTIOX 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 eleo- tion changed by amend- ments, Art. XV. Assessors to notify, etc.
Governor and council to ex- amine and count votes, and issue Bummonses. 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 its own mem- bers.
of the contents thereof, and delivered by the town clerk of such towns, to the sherilf of the county in which such town lies, thirty days at least before [the last Wednesday in ^lay] annually ; or it shall be delivered into the secre- tary's office seventeen days at least before the said [last Wednesday in INIay :] and the sheriff ot each county shall deliver all such certiticates l)y him received, into the secretary's office, seventeen days before the said [la.st Wednesday in INIay.]
And the inhalntants of plantations unincorporated, qualified as this constitution provides, who are or shall 1)0 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 ])lantation meet- ings for that purpose shall be held annually [on the same first Monday in April] , at such place in the plantations, respectively, as the assessors thereof shall direct ; which assessors shall have like authority for notifying the elect- ors, 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 goA'crnment by the assessors of an adjacent town, shall have the privilege of giving in their votes for councillors and senators in the town where they shall be assessed, and be notified of the place of meeting hy 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 ^lay] annually, the gov- ernor with five of the council, for the time being, shall, as soon as may ])e, 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 1)6 examined by the president and five of the council of the former constitution of government ; and the said president ,'^hall, 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
COMMONWEALTH OF MASSACHUSETTS. 15
pointed out in the constitution ; and sliall, Ton the said ?''™®f!^,"°^'"^
f -TTT 1 1 -Ti*--! 11 ij_ •111 to first ^\ edues-
last vv ednesday in May] annually, determine and declare day of January who are elected by each district to be senators [by a Art'.'x" ™®"'®' majority of votes ; and in case there shall not appear to ^an^'d to be the full number of senators returned elected by a fmendmema majority of votes for any district, the deficiency shall be Art.xiv. supplied in the following manner, viz. : The members of 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 Jj^g^^"*^®' ^^'^ senators sufficient to fill up the vacancies in such district ; Changed to and in this manner all such vacancies shall be filled up in people? ^ every district of the commonwealth ; and in like manner ment^Anl 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.]
V. Provided, nevertheless, that no person shall be Qualifications of capable of being elected as a senator, [who is not seised property'quaii- in his own right of a freehold, within this commonwealth, fsl^ed!" ^''°^" of the value of three hundred pounds at least, or possessed ^'e^nj^^ft"
of personal estate to the value of six hundred pounds at xiii. ' least, or of both to the amount of the same sum, and] who visLnLt^o^"^ ' has not been an inhabitant of this commonwealth for the a^so'^amend^.'''^ space of five years immediately preceding his election, and, xxii.'^''' at the time of his 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 adjournments do not exceed two days at a thanYwo™ ays. time.
VII. The senate shall choose its own president, appoint ., ^^5l' choose
. . ^ , \^ Its omcere and
its own oiiicers, and determine its own rules of pro- establish its
T '^ rules.
ceedings.
VIII. The senate shall be a court with full authority . shaiitryaii to hear and determine all impeachments made by the
house of representatives, against any officer or officers of the commonwealth, for misconduct and mal-administration in their offices. But previous to the trial of every im- peachment the members of the senate shall respectively be sworn, truly and impartially to try and determine the oath. charge in question, according to evidence. Their judg- Limitation of ment, however, shall not extend further than to removal ^'"^'■*"^''^- from office and disqualification to hold or enjoy any place
16
CONSTITUTION OF THE
Quoninj. See amend' ments. Arts. XXII. and XXXIIl.
of honor, trust, or profit, under this commonwealth ; but the party so convicted shall be, nevertheless, lial)le 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. lives, by whom chosen.
Superseded by amendments, Arts. XII. and XIII., which were also superseded by amendments, Art. XXI. 7 Mass. 523.
Proviso as to towns having iess 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.
Qualifl cations of a representa- tive.
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 fifty ratable polls may elect one represen- tative ; every corporate town containing three hundred and seventy-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 numl)er for every additional representative.
Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratal)le polls, may elect one representative ; but no })lace 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, agreea- bly 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 scasona])ly as he can, in the judgment of the house, and docs not depart without leave.]
III. Every mem])er of the house of representatives shall be chosen by written votes ; [and, for one year at
COMMONWEALTH OF MASSACHUSETTS. 17
least next preceding his election, shall have been aninhab- New provision itant of, and have been seised in his own right of a free- see amend- hold of the value of one hundred pounds within the town xxl' he shall be chosen to represent, or any ratable estate to ficatiou7abot''" the value of two hundred pounds ; and he shall cease to ^enu^^Art?^"'^' represent the said town mimediately on his ceasing to be xni.' qualified as aforesaid.]
IV. [Every male person, being twenty-one years of ^"^Jg^^''^^"*''^ aoe, and resident in any particular town in this common- Tiiesepro.
O ' , f T 1 • Visions super-
wealth tor the space oi one year next precedmg, having a sededby
freehold estate within the said town of the annual income Art8.iii.,x'x.,
of three pounds, or any estate of the value of sixty pounds, xxxl and^^^^"
shall have a right to vote in the choice of a representative f^^}^o amend-
or representatives for the said town.l ^t".'f^^''u. u
-IT rmi 1 f 1 1 • 'in XXIII., which
V. [The members oi the house ot representatives shall was annulled by be chosen annually in the month of May, ten days at least RepVesenta! before the last Wednesday of that month. 1 tives.when
J J chosen.
Time of election changed by amendments, Art. X., and changed again by amendments,
Art. XV.
VI. The house of representatives shall be the grand canTmpeach. inquest of this commonwealth ; and all impeachments
made l)y them shall be heard and tried by the senate.
VII. All money bills shall originate in the house of i,a°raii monfy representatives ; but the senate may propose or concur ^'"*"
with amendments, as on other bills.
VIII. The house of representatives shall have power mCre'thau°two to adjourn themselves ; provided such adjournment shall "^ays.
not exceed two days at a time. q^^^^,,„ g^^
IX. [Not less than sixty members of the house of amendments, representatives shall constitute a quorum for doing busi- xxxiii. ' ne-ss.]
X. The house of representatives shall be the judge of J^^^l'^^^^il^ „f the returns, elections, and qualifications of its own mem- j^'err't^o'^ho^ose bers, as pointed out in the constitution ; shall choose their its officers and own speaker ; appoint their own officers, and settle the rules, etc. rules and orders of proceeding in their own house. They ^%p."°-q'^ shall have authority to punish by imprisonment every offences. ^^ person, not a meml)er, who shall be guilty of disrespect
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 any 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, in his -way in going or returning; or who shall rescue any person arrested by the order of the house.
And no member of the house of representatives shall be arrested, or held to bail on mean process, during his going unto, returning from, or his attending the general assem- bly.
XI. 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 thirty days.
And the senate and house of representatives may try and determine all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.
Governor.
His title. To be chosen annually. Qualifications. [See amend- ments, Arts. VII. and XXXIV.]
By whom cho- sen, if he have a majority of votes.
Time of elec- tion changed by amendments. Art. X., and changed again by amendments, Art. XV.
CHAPTER II.
EXECUTIVE POWER.
Sectiox I.
Governor.
Article I. There shall he a supreme executive magis- trate, who shall be styled — The Governor of the Co.MMOXWEALTH OF Mas8.\chusetts ; and whose title shall be — His Excellexcy.
II. The governor shall l)e chosen annually; and no person shall be eligible to this office, unless, at the time of his election, he shall have been an inhal)itant of this com- monwealth for seven years next i)receding ; [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.]
HI. Those persons who shall be qualilied 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 [ffrst Monday of April] annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings ; and the town clerk, in the presence and with the assistance of the selectmen, shall.
COMMONWEALTH OF MASSACHUSETTS. 19
in open town meeting, sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name ; and shall make a fair record of the same in the town books, and a public decla- As to cities, see
r' • •! • Till- amendments,
ration thereof in the said meeting ; and shall, in the pres- Art. ii.
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sheriff of the county, thirty days at least before the
[last Wednesday in May] ; and the sheriff shall transmit F'™^ f ^fJ^I'^d
L ^ -^ J ' to first Wednea-
the same to the secretary s omce, seventeen days at least day of January before the said [last W^ednesday in May] ; or the select- Aru'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 day ; 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 chaaged to examined ; and [in case of an election by a majority of all am'eudmeufs, the votes returned] , the choice shall be by them declared ^"" "^,^^ '
— ' *^ How CllOSGD,
and published ; [but if no person shall have a majority of when no person votes, the house of representatives shall, by ballot, elect •^*'^™''J"'">- 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 rower 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, agreeably to the constitution and the laws of the land.
V. The governor, with advice of council, shall have May adjourn or full power and authority, during the session of the gen- gene?frcJuit eral court, to adjourn or prorogue the same to any time "^d'ionTOne'' the two houses shall desire ; [and to dissolve the same on t^ie same.
All J T ^ 1 -t-f- ^ T'nr i As to dissolu-
the day next preceding the last \\ ednesday in May ; and, tion, see amend- 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
20
CONSTITUTIOX 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 duys.
Governor to be commander-in- chief.
court is next at any time to convene, or any other cause liappening, Avhereby 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 within 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 necessity, expediency, or time 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.
VII. The governor of this commonwealth, for the time l)eing, shall be the commander-in-chief of the army and nav}^ and of all the military forces of the state, by sea and land ; and shall have full power, by himself, or by any commander, or other officer or officers, from tiine to time, to train, instruct, exercise, and govern the militia and navy ; and, for the special defence and safety of the commonwealth, to assem])le 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 necessary, 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 commouAvealth ; and to use and exercise, over the army and nav}', and over the militia in actual service, the law-martial, in time of war or invasion, and also in time of rebellion, declared by the legislature to exist, as 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, amnuuiition, and other goods, as shall, in a hostile manner, invade, or attempt the invading, conquering, or annoAMUg 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 constitution, and the laws of the laud, and not other- wise.
COMMONWEALTH OF MASSACHUSETTS. 21
Provided, that the said governor shall not, at any time Limitation. hereafter, by virtue of any power l)y this constitution granted, or hereafter to be granted to him by the legis- lature, transport any of the inhabitants of this common- wealth, or ol3lige them to march out of the limits of the same, without their free and voluntary consent, or the con- sent of the general court ; 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 offences, except such ^un^JinBify'^ as persons may be convicted of before the senate by an pardon offeucea, impeachment of the house, shall be in the governor, by
and with the advice of council ; but no charter of par- don, granted by the governor, wnth advice of the council before conviction, shall avail the party pleading the same, But not before
. •,! , T 1 J.' 1 • conviction.
notwithstandmg any general or particular expressions con- 109 Mass. 323. tained therein, descriptive of the offence or offences in- tended to be pardoned.
IX. All iudicial officers, [the attorney-general,! the Judicial offi-
.^ vcr ^j cers etc. how
solicitor-general, [all sheriffs,] coroners, [and registers of nominated and probate,] shall be nominated and appointed by the gov- Fo?°provt'ions ernor, by and with the advice and consent of the council ; of attoraej-'' and every such nomination shall be made by the o-overnor, general, see
•' . ,*^.~ 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 Limitauon of list of their respective companies, [of twenty-one years blVm^j^d". °"' 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 their rank. *'°°^ "
The legislature shall, by standing law^s, direct the time 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 ^TalfpSmtd' house of representatives, each having^ a negative upon the andcommis-
I -, 1 ..Til sioned.
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 brigadiers, field officers, captains Vacancies, how or subalterns, shall neglect or refuse to make such elec- etc! •""^^"''
\
22
CONSTITUTION OF THE
Officers duly commissioued, how removed. Superseded by amendments, Art. IV.
AdjutautB, etc., how appointed.
Army officers, how appointed.
Organization of militia.
Money, how drawn from the treasury, ex- cept, etc. 13 Allen, 593.
All public boards, etc., to make quarterly returns.
tions, after l)ein2: duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to till such offices.
[And no ofhcer, duly commissioned to command 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 their 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 common- 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.
XI. 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 general court.
XII. All public boards, the commissary-general, all superintending 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 l)e ; together with the condition of such forts and garrisons ; and the said commanding officer shall ex-
COMMONWEALTH OF MASSACHUSETTS. 23
hibit 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 pul)lic officers, shall com- municate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall l)e directed to them respectively.
XIII. As the public good requires that the governor govy^,-|^or. should not be under the undue influence of any of the 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 l)e among the first acts of the general court, after the commencement' of this constitution, to establish such salary l)y law accordingly.
Permanent and honorable salaries shall also be estab- Salaries of jus-
j. ,,,,,.,. . , , , tices of supreme
hshed by law tor the justices ot the supreme judicial court, judicial court. And if it shall be found that any of the salaries afore- salaries to bo said, so established, are insufficient, they shall, from time fnsuffldent. to time, be enlarged, as the general court shall judge proper.
CHAPTEE II.
Section II. L ieutenant- Governor.
Article I. There shall be annually elected a lieuten- Lieutenam- ant-governor of the commonwealth of Massachusetts, fukfand'^.juaHti whose title shall be — His Honor; and who shall be '^'"'°"f- ^ee
..J. 1 . . ._,.._ ainendmeuis,
qualified, in point ot [religion,] property, and residence Aits^vii. and 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 required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner ; [and if no one person shall How chosen. be found to have a majority of all the votes returned, the Election by vacancy shall be filled by the senate and house of repre- '' "'■=''"i' p''"-
24
CONSTITUTION OF THE
vided fur by amend ments, Art. XIV.
President of council. Lieutenant- governor a member of, except, etc.
Lieutenant- governor to be acting governor, la case, etc.
sentatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.]
II. The governor, and in his absence the lieutenant- governor, shall l)e president of the council, but shall have no vote in council ; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor 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 vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present.
Council. Number of councillors changed to eight.
Bee amend- ments, Art. XVI.
Number; from whom, and how chosen. Modified by amendments, Arts. X and XIII.
Superseded by amendments, Art.XVl.
If senators be- come council- lors, their seatB to be vacated.
CHAPTER II.
Section III.
Council, and the Manner of settling Elections hij the Legis- lature.
Article I. There shall be a council for advising the governor in the executive part of the government, to consist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, 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- ino" and directing the aflairs 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 AVcdnesday in ]May, by the joint l)allot of the senators and representatives assembled in one room ; and in case there shall not be found upon the first choice, the Avhole nuinl)er 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 year. The seats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]
COMMONWEALTH OF MASSACHUSETTS. 25
HI. The councillors, in the civil {ii-rangements of the Raukof commonwealth, shall have rank next after the lieutenant- '="""'='"°'^ governor.
IV. [Not more than two councillors shall be chosen No district to out of any one district of this commonwealth.] ^Z". "'""' ''''"'
Superseded by amendments, Art. XVI.
V. The resolutions and advice of the council shall be Register of recorded in a register, and signed by the members present ; ''°"'""'- and this record may be called for at any time by either
house of the legislature ; and any 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, o/|overnorfa or otherwise, then the council, or the major part of them, case, etc. 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-governor might 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 Wednesday in May annu- uaaKtc.'""* ally, by the two houses of the legislature, may not be completed on that day, the said elections maybe adjourned
from day to day until the same shall be completed. And gupersedeTby the order of elections shall be as follows : the vacancies in amendments, the senate, if any, shall first be tilled 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] ho^^cwn'!'^ naval officers, shall be chosen annually, by joint ballot of fj^^^^^^'^f^^ the senators and representatives in one room. And, that secretary, treas
Urcr SDQ FG-
the citizens of this commonwealth may be assured, from ceive'r-generai.
,• J. x- A.^ A. ^\ • • • ji 1 !• and auditor and
tmie to time, that the moneys remaining in the public aitomey-gen- treasury, upon the settlement and liquidation of the pub- mentsfA^ru''"''' lie accounts, are their property, no man shall be eligible ^^"-
26
CONSTITUTION OF THE
Treasurer in. as treasurer and receiver-general more than live years suc-
cliffiblc for more . ■
Ihan live sue- CeSSlVCly.
For provision as to appoiutmenl of notaries public and the commissary-general, see amenilinents, Art. IV.
ceesive years.
Secretary to keep records; to attend the governor and council, etc.
II. 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.
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 oflice. 3 Cash. 5S4.
Provisions for
holding probate
courts.
12 Gray, 147.
CHAPTER III.
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 governor and council, shall have authority to require the opinions 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 may, if necessary, be renewed, or another })erson ajipointed, 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 tmies and places which the respective judges shall direct.
COMMONWEALTH OF MASSACHUSETTS. 27
V. All causes of marriage, divorce, and alimony, and damage,
O^ ' 1111 1 1 divorce, and all-
all appeals from the judges of probate, shall be heard and mony.
determined by the governor and council, until the legis- visions made
lature shall, by law, make other provision. W5 Mass. 327.
116 Maes. 317.
CHAPTER lY.
DELEGATES TO CONGRESS,
[The delegates of this commonwealth to the congress of Delegates to 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 year, 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, <^°"^§®- 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 employments, both in church and state ; and w^iereas 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, prin- Harvard College, in their corporate capacity, and Ihf president their successors in that capacity, their officers and ser- coafiraeJ*' vants, shall have, hold, use, exercise, and enjoy, all the powers, authorities, rights, liberties, privileges, immunities, and franchises, which they now have, or are entitled to
28 CONSTITUTION OF THE
have, hold, use, exercise, and enjoy ; and the same are hereby ratified and confirmed unto them, the said i)resi- dent and fellows of Harvard Colleo:e, and to their suc- cessors, and to their officers and servants, respectively, forever.
II. And whereas there have been at sundry times, by divers persons, gifts, grants, devises of houses, lands, tene- ments, goods, chattels, legacies, and conveyances, hereto- fore made, either to Harvard Colleire in Cambridofe, 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
AH gifts, grants, all the saicl gifts, grants, devises, leo;acies, and convev-
etc, coDfirmed. o'c' ' ^'o ' •/
ances, are hereby forever confirmed 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.
III. 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 deputy-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, consti- tuted the overseers of Harvard College ; and it being necessary, in this new constitution of government to
Who shall be ascertain who shall be deemed successors to the said gov- ernor, deputy-governor, and magistrates ; it is declared, is^5if224?^^^' that the governor, lieutenant-governor, council, and senate 1859* 212 ^^ t^^^ commonwealth, are, and shall be deemed, their
1865^ 173. successors, who, with the i:)resident of Harvard College,
ISSO 65. ^77 1 ^ ^ ^ o '
for the time being, toirether 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 ; Power of altera, provided, that nothins: herein shall be construed to pre-
tion reserved to ^ ,,,,., , /? .1 • Itl r 1 •
the legislature, vcut the legislature or 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 Bay.
COMMONWEALTH OF MASSACHUSETTS. 29
CHAPTER V. Section II. The Encouragement of Literature^ etc. "Wisdom and knowledo^e, as well as virtue, diffused 2fen- t^ , <., • ,
d_ ' ' fn Duty of legisla-
erally among the body oi the people, being necessary for tures and magis. the preservation of their rights and liberties ; and as these future periods. depend on spreading the opportunities and advantages of ^sLm'^To^"^"' education in the various parts of the country, and among sre^amend""'*' the different orders of the people, it shall be the duty of ™^°'j^^ ^'■t- legislatures and magistrates, in all future periods of this i2Aiien, 500- commonwealth, to cherish the interests of literature and 103 Mass. 94, 97, the sciences, and all seminaries of them ; especially the university at Cambridge, pulilic 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 humanit}' 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, ])efore 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 Christian reli- Abolished see
.^, ' amendments,
gion, and have a nrm persuasion of its truth ; and that I Art. vii. 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.
For new oath of allegiance, see amend- tnents, Art. VI.
Oath of office.
Proviso. See amend- ments, Art. VI
ence of the two houses of assembly ; and the senators and representatives, tirst 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- scrilie the following declaration, and oaths or affirmations, viz. :
[" I, A. B., do truly and sincerely acknowledge, profess, testify, and declare, that the Commonwealth of jSIassachu- 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 conmionwealth, and that I will defend the same against traitorous conspiracies 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 jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical, or spiritual, within this conmionwealth, ex- cept 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 risfht to absolve or discharae me from the obligation of this oath, declaration, or affir- mation ; and that I do make this acknowledgment, pro- fession, 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 wnll faithfully and impartially discharge and perform all the duties incumbent on me as , according to
the best of my al)ilities and understanding, agreeably to the rules and regulations of the constitution and the law^s 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
COMMONWEALTH OF MASSACHUSETTS. 31
people called Quakers, and shall decline taking the said oath[s], he shall make his afBrmation in the foregoing form, and subscribe the same, omitting the words, [" I do swear,"" " and abjure,"" " oath or,'' " and abjuration ,"" in the first oath, and in the second oath, the words] "■ sivear and," and [in each of them] the words " So help me, God;" subjoining instead thereof, " T]iis I do under the 'pains and. jienalties of per jury .""
And the said oaths or aflBrmations shall be taken and .^ffirma'tions, subscribed by the governor, lieutenant-governor, and coun- {'^"g/'^™'"'^- cillors, l)efore the president of the senate, in the presence of the two houses of assem]>]y ; 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. Xo governor, lieutenant-governor, or judge of the Plurality of supreme judicial court, shall hold any other office or place, ed'to governor,' under the authority of this commonwealth, except such as see'amend-'*'"^" l)y this constitution they are admitted to hold, saving that ments, Art. the judges of the said court may hold the offices of justices of the peace through the state ; nor shall they hold any other place or office, or receive any pension or salary from any other state or goAcrnment or power whatever.
Xo person shall be ca])al)le of holdins: or exercising at ^^^f ^'^^'t'^'-
, ^ . . , . ^, . * , p . 1 Allen, 6o3.
the same time, Avithin this state, more than one ot the following offices, viz. : judge of probate — sheriff — regis- ter 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 ex- cepted, shall be held by one person.
Xo person holding the office of judge of the supreme incompatible judicial court — secretary — attorney-general — solicitor- For^further pro- general — treasurer or receiver-general — judge of probate incompatible
— commissary-general — [president, professor, or instruct- °J^gnd„ients or of Harvard College] — sheriff — clerk of the house of q^^^^j n^, representatives — register of probate — register of deeds vard college
— clerk of the supreme judicial court — clerk of the infe- Imendment^s. rior court of common pleas — or officer of the customs, ^"••^^vii. including in this description naval officers — shall at the
32
CONSTITUTION OF THE
Incompatible offices.
Bribery, etc., disqualify.
Value of money ascertained.
Property quali- ticationB may be increased. See amend- ments, Arts. XIII. and XXXIV.
Provisions respecting commissions.
Provisions re- specting writs,
2 Pick. 692.
3 Met. 58. 13 Gray, 74.
Continuation of former laws, except, etc.
1 Mass. 59.
2 Mass. 634.
8 Pick. 309,316. 16 Pick. 107, 116. 2 Met. 118.
Benefit of habeas corpus secured, except, etc.
same time have a seat in the senate or house of represen- tatives ; but their being chosen or appointed to, and accept- ing the same, shall oj^erate 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 corruption in obtaining an election or appointment.
III. In all cases where sums of money are mentioned in this constitution, the value 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 writs, 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 returna- ble, Avho 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 ])ractised 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 WTit of habeas corpus shall l)e 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
VHI. The enacting style, in making and passing all The^enacting 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 danger arise to the commonwealth from a change of the ment^cominued form of government, all officers, civil and military, hold- "°'i''^''=- 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 effect, 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 enjoyment and exercise of all their trusts, employments, and authority ; until the general court, and the supreme and executive officers under this constitution, are designated and in- vested 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- smm^n.'^""' tions which by any means may be made therein, as well p°Jvi^onaf to as to form such alterations as from experience shall be amendments,
, . ^ . 666 amend-
found necessary, the ijeneral court which shall be in the ments, Art. ix year 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 unincorporated 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 8Ututk)ur°" shall assemble and vote in consequence of the said pre- cepts, are in favor of such revision or amendment, the general court 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
ProviBion for preserving and publishing this coastitutiuu.
XI. This form of irovernment shall be enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land ; and printed copies thereof shall be pretixed to the book containing the laws of this commonwealth, in all future editions of the said laws.
Bill, etc., not approved within five days, 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. 364.
Proviso.
112 Mass. 200.
Qualifications of voters for gov- ernor, lieuten- ant-governor, senators and representatives. See amend- ments, Arts. XX.X.and XXXII. 11 Pick 538, 540. 14 Pick. 341. 14 Mass 3C7. 5 Met. 162,298, 591, 594. 7 Gray, 299. 122Ma88.o9.i,597. 124 Mass. 596.
ARTICLES 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 con.stitution, 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 any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhal)itants 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 an- nulled by the general court.
Art. III. Every male citizen of twenty-one years 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 or county tax, which shall, within two years next preceding
COMMONWEALTH OF MASSACHUSETTS. 35
such election, have been assessed upon him, in any town For educational or district of this commonwealth ; and also every citizen see amend. ' who shall be, by law, exempted from taxation, and who For'p^ro vision as shall be, in all other respects, qualified as above mentioned,] h°ave° Mved°in shall have a rio^ht to vote in such election of governor, thearmyor
~ . ~ , navy lu time of
lieutenant-governor, senators, and representatives ; and no war, see amend
o ' _' *-_ \ meiits Arts
other person shall be entitled to vote in such elections. xxviii.an'd
XXXI See also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI.
Art. IV. Notaries public shall be appointed by the Notaries public, governor in the same manner as judicial officers are ap- auJi^movedr. 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 legislature.
[In case the office of secretary or treasurer of the com- vacancies Jn the monwealth shall become vacant from any cause, during L^y a^ndftrea?-" the recess of the general court, the governor, with the Th^s clause "'''^' advice and consent of the council, shall nominate and «"pe"ededby
. ' Mil amendments,
appoint, under such regulations as may be prescribed by Art. xvu. law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court.]
Whenever the exigencies of the commonwealth shall ge^^l^^iirbe require the appointment of a commissary-general, he shall appointed, in 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, may be removed from office in such manner as the legis- ^°^ removed. lature 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- aubafternT.^ ^°** nies, as well those under as those above the age of twenty- one years, shall have a right to vote.
Art. VI. Instead of the oath of allegiance prescribed by a^iumcers^" by the constitution, the following oath shall be taken and |u®vi"*At i subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter on the duties of his office, to wit : —
"I, A. B., do solemnly sw^ear, that I will bear true faith and allegiance to the Commonwealth of Massachu- setts, and will support the constitution thereof. So help me, God."
Provided, That when any person shall be of the denomi- Proviso. Qua- nation called Quakers, and shall decline taking said oath,
36 CONSTITUTION OF THE
he shall make his affirmation in the foregoino; form, omit- ting the word " swear" and inserting, instead thereof, the word " atfirm," and omitting the words " So help me, God," and sul)joining, instead thereof, the words, "This I do under the pains and penalties of perjmy." Testa abolished. j^i>t. VII. No Oath, declaration, Or Subscription, except- ing the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenant- governor, councillors, senators, or representatives, to qualify them to perform the duties of their respective offices. ofo°S.'''"''^ Art. VIII. No judge of any court of this common- 600,^^**'*^^' wealth, (except the court of sessions,) and no person 123 Mass. 535. 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 attorney, clerk of any court, sheritf, treasurer, and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office ; and judges of the courts of common pleas shall hold no other otfice under the government of this commonwealth, the office of justice of the peace and militia offices excepted. wne^ufuuonl* *° Art. 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-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published ; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the quali-
COMMONWEALTH OF MASSACHUSETTS. 37
fied voters, voting thereon, at meetings legally warned and holdeu for that purpose, they shall become part of the constitution of this commonwealth.
Art. X. The political year shall begin on the first ^f°jfo';?t^°^^™^a''r! Wednesday of January, instead of the last Wednesday of 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 aad termination. dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by tha governor. The governor, lieutenant-governor and coun- cillors, shall also hold their respective offices for one yeav next following the first Wednesday of January, and until others are chosen and qualified in their stead.
[The meetino- for the choice of o-overnor, lieutenant- ^f«etings for the
'- ~ -, .~ 1111111 choice or gov.
governor, senators, and representatives, shall be held on emor. ueuten. the second Monday of November in every year ; but meet- etc.fwheu"to be ings may be adjourned, if necessary, for the choice of This clause representatives, to the next day, and again to the next amradrae'i^ts.^ succeeding day, but no further. But in case a second ^^t- ^v. 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 -^^^i^l^'^^^^^^^^ October, next following the day when the same shall be ^ou. 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 January then next following, and until others are chosen and qualified in their stead, and no longer ; and the first
38
CONSTITUTION OF THE.
Inconeistent
provisions
annulled.
Religious freedom established. See Dec. of Rights, ArU III.
122MaBS. 40, 41.
Census of rata, ble polls to be taken in isy", and decennially thereafter. This article was superseded by amendments, Art. XIII., which was also superseded by amendments, Art. XXI. Representa- tives, how apportioned.
election of the governor, licutonant-iroyernor, 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 Avhicli the same shall l)e 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 here])y wholly annulled.
Art. XI. Instead of the third article of the bill of rights, the following modification and amendment thereof is substituted : —
" As the public worship of God and instructions in piety, religion, and morality, promote the happiness and prosperity of a people, and the security of a republican government ; therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and liolden 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 they shall file with the clerk of such society a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society ; and all religious sects and denomi- nations, demeaning themselves peaceably, and as good citi- zens 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 May, shall be taken and returned into the secre- tary's office, in such manner as the legislature shall pro- vide, within the month of IMay, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter, in the month of IMay, in manner aforesaid ; and each town or city having three hundred rata- l)le polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred
COMMONWEALTH OF .MASSACHUSETTS. 39
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 nXbie^poiis, polls, at the last preceding decennial census of polls, shall ^ojv repreeent- 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 ^^''^lll'^l;^^°^ one or more representatives, with any number of polls beyond the necessary number, may 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 represen- tative as many years, within the ten 3'ears, as four hundred and fifty is contained in the product aforesaid.
Any two or more of the several towns and districts Towns may
% j_ f ••i/»j_iiij. i. unite into repre-
may, by consent ot a majority ot the legal voters present sentative 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 year of our determ'?ne\he Lord one thousand eight hundred and thirty-seven, accord- reaentatives^to" ing to the foregoing principles, the number of representa- ^own^is^enmied. tives, which each city, town, and representative district is entitled to elect, and the number of years, within the period of ten years 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- years, thereafter, by the governor and council, and the ™n« in eve^J-'* * number of ratable polls in each decennial census of polls, ^«'^>'«'*"- shall determine the number of representatives, which each city, town and representative district may elect as afore- said ; and when the number of representatives to be elected
40
CONSTITUTION OF THE
Inconsistent
provisions
annulled.
Census of inhab- itants tobe taken in 1840, and de. cennially there- after, for basis of representa- tion.
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. XXII.
House of repre- Bcniatives, how apportioned. Provisions as to representatives superseded by amendments, Art. XXI.
Small towns, how repre- sented.
Towns may unite into repre- sentative dis- tricts.
by each city, town, or representative di.strict is ascertained and determined as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that numl)er shall remain fixed and unalterable for the period of ten years.
All the provisions of the existing constitution incon- sistent with the provisions herein contained, arc herel)y Avholly annulled.]
Akt. XIII. [A census of the inhal)itants of each city and town, on the first day of May, shall be taken, and returned into the secretarj^'s oflice, 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 years. 122 Mass. 595.
The several senatorial districts now existing shall be permanent. The senate shall consist of forty members ; and in the year one thousand eight hundred and forty, and every tenth 3'ear thereafter, the governor and council shall assi2:n the numl^er of senators to be chosen in each district, according to the num])er 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 number, which shall entitle it to an additional representative.
Every town containing less than twelve hundred inhab- itants shall l)e 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 majority of the legal voters present at a legal meet- ing, in each of said towns, respectively, called for that purpose, and held before the first 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 such district shall have all the rights, in regard to repre-- sentation, which would belong to a town containing the same number of inhabitants.
COMMONWEALTH OF MASSACHUSETTS. 41
The number of inhabitants which shall entitle a town Basis of repre.
, , . -, . , . . seutation, and
to elect one representative, and the mean mcreasmg num- ratio of increase. 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 J^''^ c^o''Jn™°o council shall, before the first day of September, apportion apportion the
/. . i"ii»j_\l 1 number ofrep.
the number oi representatives which each city, town, and resentatives of representative district is entitled to elect, and ascertain fn eve^^ten"*'^ how many years, within ten years, any town may elect a J'^'*''** 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 AVednesday of January, theVopie aT"^ or as soon thereafter as may be, by the joint ballot of the Provisions as to senators and representatives, assembled in one room, who guperg'Jded by shall, as soon as may be, in like manner, till up any vacan- amendments,
, 1 "^ , 1 •! 1 1 j^i • j^' Art. XVI.
cies that may happen in the council, by death, resignation,
or otherwise. No person shall be elected a councillor, who Qualifications of
has not been an inhabitant of this commonwealth for the ^'^^'^
term of live years 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 quaMc'ation^for be required as a qualification for holding a seat in either a seat in general
1 -I . , ^ . .■, court or council
branch of the general court, or m the executive council, not required.
Art. XIV. In all elections of civil officers by the peo- Elections by tha pie of this commonwealth, wdiose election is provided for pfu Jaiuy of* ^^ by the constitution, the person having the highest number '"^^^^^ 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 iegi& be held on the Tuesday next after the first Monday in '^'"''^" November, annually ; but in case of a failure to elect repre- sentatives on that day, a second meeting shall be holden, for that purpose, on the fourth Monday of the same month of November.
42
CONSTITUTION OF THE
Eight council, lors to be chosen by the people. 122 Mass. 595, 698.
Legislature to district state.
Eligibility defined.
Day and manner of election, etc.
Vacancies, how filled.
For new pro- vision as to vacancies, see amendments, XXV.
Orcanizatiou of the government.
Art. XVI. Eiglit councillors shall ])g annually chosen by the inhabitants of this commonwealth, qualitied to vote 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 thereafterwards, shall divide the commonwealth into eight districts of 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 -.provided, however, that if, at anytime, 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 lie, from time to time, established bj^ the legisla- ture. No person shall be eligil)le to the ofiice of council- lor who has not been an inhabitant of the commonwealth for the term of five years immediately preceding his elec- tion. The day and manner of the election, the return of the votes, and the declaration of the said elections, shall ])e the same as are required in the election of governor. [Whenever there shall be a failure to elect the full num- ber of councillors, the vacancies shall be filled in the same manner as is required for filling vacancies in the senate ; and vacancies occasioned by death, removal from the state, or otherwise, shall be filled in like manner, as soon as may be, after such vacancies shall have happened.] And that there may be no delay in the organization of 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 l)c l)y them examined ; and in case of the election of either of said officers, the choice shall be by them declared and pul)lished ; but in case there shall be no election of either of said officers, the legislature shall proceed to fill such vacancies in the
COMMONWEALTH OF MASSACHUSETTS. 43
manner provided in the constitution for the choice of such officers.
Aet. XYH. The secretary, treasurer and receiver- Eiectiou of general, auditor, and attorne^^-general, shall be chosen urer! auditJi-?*' annually, on the day in November prescribed for the 'generaTby\^he 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 declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect vacancies, how
o nlled.
either of said oflScers 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 third 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, during 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 l)y the governor by 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 with offices aforesaid, shall neglect, for the space of ten days o'thlr^wise^office after he could otherwise enter upon his duties, to qualify vadalitf''™^'^ 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 inhabit- '®'i"'*' ^' ant of this commonwealth five years next preceding his election or appointment.
Art. XVIII. All moneys raised by taxation in the School moneys towns and cities for the support of public schools, and piied°forBecta- all moneys which may be appropriated by the state for po^oHg'inaV the support of common schools, shall be applied to, and ^chwu^^j'e ^° expended in, no other schools than those which are con- p°"tFkg°°^,, ducted according to law, under the order and superintend- iii.
44
COXSTITUTIOX OF THE
12 Allen, 500,
jOS.
103 Maes. 94, 96.
Legislature to prescribe for the election of sheriffs, regis- ters of probate, etc.
See amend- ments.
Art. XXXVI. 8 Gray, 1. 13 Gray, 74.
Reading consti- tution in English and writing, necessary quali- fications of voters. Pro\nso. For other quali- fications, see amendments, Art. III. See also amend- ments, Art. XXIII., which was annulled by amendments.
Art. x:s;vi.
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.
cnce of the authorities of the town or city in which the mone^' 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 sherifls, registers of probate, [com- missioners of insolvency,] 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.
110 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 y hoiv- ever, that the provisions of this amendment shall not apply to any person prevented by 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 l)e sixty 3'ears of age or upwards at the time this amendment shall take efl'ect.
Art. XXI. A census of the legal voters of each city and town, on the first day of ^lay, shall he taken and returned into the office of the secretary of the common- wealth, on or before the last da}^ 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 tenth year 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 1)0 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- pose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth ;
COMMONWEALTH OF IVIASSACHUSETTS. 45
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 authored to*^*^*
by the legislature, the number of representatives to which '^'"'^^ couatres.
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
commissioners of other counties than Sufl'olk, — or in lieu
of the mayor and aldermen of the city of Boston, or of the
county commissioners in each county other than Suftblk,
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 purpose be provided by law, —
shall, on the first Tuesday of Aus-ust next after each ^eeungfor
. ' , '' o division to ba
assignment oi representatives to each county, assemble at flrst Tuesday a shire town of their respective counties, and proceed, as Proceedings. soon as may be, to divide the same into representative districts of contiguous territory, 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 Qualifications of his election, shall have been an inhabitant of the district ]i22Mr8°.'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- describ^fknd 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 dis- trict, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their elec- tion, shall be prescribed by law. [Not less than one Quorum, see hundred members of the house of representatives shall A^tTxxxiii. constitute a quorum for doing business ; but a less num- ber may organize temporarily, adjourn from day to day, and compel the attendance of absent members.]
Art. XXII. A census of the legal voters of each city census, etc. and town, on the first day of INIay, shall be taken and returned into the oflice of the secretary of the common- wealth, on or before the last day of June, in the year one
46
CONSTITUTION OF THE
Voters to be basis of appor- tionment of eeuators.
Senate to consist of forty mem- bers.
Senatorial districts, etc.
See amend, ments, Art. XXIV.
Qualifications of senators.
Quorum, see amendments. Art. XXXIII.
Reeidence of two years re- quired of natu- ralized citizens, to entitle to suf- fraire or make elitrible to office. Tliis article annulled by Art. XXVI.
Vacancies In the senate.
Vacancies in tho council.
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 sixt^-five, and of every tenth year thereafter. In the census aforesaid, a special enu- meration shall l)c 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 fort}' meml)ers. The general court shall, at its first session after each next pre- ceding special enumeration, divide the commonwealth into forty districts of adjacent territory, each district to contain, as nearl}'" as may be, an equal number of legal voters, ac- cording to the enumeration aforesaid : 2)rovided, Jioicever, that no town or ward of a city shall l)e 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 immediatel}' 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 senator^ shall constitute a quorum for doing lousiness ; but a less numl^cr ma}' organize temporarily, adjourn from day to day, and compel the attendance of absent meml)ers.]
Art. XXIII. [No person of foreign l)irth shall be en- titled to vote, or shall l)c eligil)lo to oflice, unless he shall have resided within the jurisdiction of the United States for tAvo years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : j)rovided, that this amend- ment shall not atlect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, 2')rovided^ further^ that it shall not affect the rights of any child of a citizen of the United States, born during the temporary al)sencc 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.
Art. XXV. In case of a vacancy in the council, from a failure of election, or other cause, the senate and house
COMMONWEALTH OF MASSACHUSETTS. 47
of representatives shall, l)y concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, 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 till 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, ments annulled. which is as follows, to wit : " No person of foreign birth 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 years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth ; 2^^'ovided, 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 , fartJier , that it shall not affect the rights of any child of a citizen of the United States, l)orn during the temporary absence of the parent therefrom," is hereby wholly annulled.
Art. XXVII. So much of article two of chapter six Provisioneof of the constitution of this commonwealth as relates to vl, reiatsngTj persons holding the office of president, professor, or °^.|fco°/eg^,'''" instructor of Harvard College, is hereby annulled. annulled.
Art. XXVIII. No person having served in the army superseded by
. , . ~ . Art. XXXI.
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- and authority to provide for the inhabitants of the towns ""''*'° in this Commonwealth more than one place of public meet- ing within the limits of each town for the election of of- ficers under the constitution, and to prescribe the manner of calling, holding and conducting such meetings. All the provisions of the existing 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 ^ea'eon of change representatives, shall, by reason of a change of residence unt'iTsi'xmonthe within the Commonwealth, be disqualified from voting for [g^^'^""' said officers in the city or town from which he has removed his residence, until the expiration of six calendar months from the time of such removal.
48
CONSTITUTION OF THE
Amendments Alt. XXVIII. amended.
Person who served in army or navy, etc., not disqualified from voting for non-payment of poll tax.
Provisions of amendments. Art. III. relative to payment of a lax as a voting qualification, annulled.
Quorum, in each branch of the general court, to consist of a majority of members.
Provisions of Art. II., §1., Chap. II., Part II., relative to property quali- fication of governor, annulled.
Provisions of Art. II., §111., Chap. I., rela- tive to expense of travelling to the general assembly by members of the bouse, annulled.
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 l)y striking out in said fourth line the words " if a pauper", so that the article as amended shall read as follows : AplTICLE 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 qualitied to vote, shall be disqualified therefor on account of receiv- ing or having received aid from any city or town, or because 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, an}' 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. XXXIII. 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 : "and unless he shall at the same time, be seized in his own right, of a freehold within the Commonwealth of the value of one thousand pounds ; " is hercliy 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 expen.>^es 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 meml)er who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.", is hereby annulled.
COMMONWEALTH OF MASSACHUSETTS. 49
Art. XXXVI. So much of article nineteen of the articles of amendment to the Constitution of the Com- monwealth as is contained in the following words "com- missioners of insolvency ", is hereby annulled.
The constitution of Massachusetts was agreed upon by delegates of the people, in convention, begun and held at Cambridge, on the first day of September, 1779, and continued by adjournments to the second day of March, 1780, when the convention adjourned to meet on the first Wednesday of the ensuing Jmie. In the mean time the constitution was submitted to the people, to be adopted by them, provided two-thirds of the votes given should be in the afiirmative. When the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the conven- tion accordingly Resolved, " 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, agreeable to this resolution." The first legislature assembled at Bos- ton, on the twenty-fifth day of October, 1780.
The first nine Articles of Amendment were submitted, by delegates in convention assembled, November 15, 1820, to the people, and by them ratified and adopted, April 9, 1821.
The tenth Article was adopted by the legislatures of the political years 1829-30, and 18:30-31, respectively, and was approved and rati- fied by the people May 11, 1831.
The eleventh Article was adopted by the legislatures of the politi- cal years 1832 and 1833, respectively, and was approved and ratified by the people November 11, 1833.
The twelfth Article was adopted bj- the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the people the iburteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of the politi- cal years 1839 and 1840, respectively, and was approved and ratified by the people the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and nineteenth Articles were adopted by the legislatures of the political years 1854 and 1855, respectively, 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 j^ears 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857.
50 CONSTITUTION OF MASSACHUSETTS.
The twenty-third Article was adopted by the legislatures of the political years 1858 and 1859, respectively, and ratified by the people on the ninth day of ^lay, 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 was adopted by the legislatures 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 ratified by the people on the sixth day of November, 1877.
Tlie twenty-eighth Article was adojjted 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.
The twenty-ninth Article was adopted by the legislatures of the political years 1884 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 approved 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 people on the eighth day of November, 1892.
The thirty-fifth Article was adopted by the legislatures of tlie political years 1892 and 1893, and was approved and ratified by the people on the seventh day of November, 1893.
The thirtj^-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.
[A proposed Article of Amendment, prohibiting the manufacture and sale of Intoxicating Liquor as a beverage, adopted by the legis- latures of the political years 1888 and 1889, was rejected by the people on the twenty-second day of April, 1889.]
INDEX TO THE CONSTITUTION.
A.
Address of both houses of the legislature, judicial officers may be removed by governor with consent of council upon,
Adjutant-general, appointed by the governor,
Adjutants, to be appointed by commanding officers of regiments,
Affirmations, instead of the required oaths, may be made by Quakers, 30
Agriculture, arts, commerce, etc., to be encouraged, .
Alimony, divorce, etc.,
Amendment to the constitution, proposed in the general court, agreed to by a majority of senators and two-tliirds 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 nest general court agrees to the proposition in the same manner, and to the same eflect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of tlie con stitution,
Apportionment of councillors, 24
state to be divided into eight districts, ....
Apportionment of senators, 13
on basis of legal voters, and state to be divided into forty districts,
Apportionment of representatives, 16, 39
to the several counties, made on the basis of legal voters,
AiTQies, dangerous to liberty, and not to be maintained without con sent of tlie legislature,
Arms, right of people to keep and to bear, for public defence.
Arrest, members of house of representatives exempted from, on mesne process, while going to, returning from, or attend ing the general assembly,
Arrest, search and seizure, right of, regulated, .... warrant to contain special designation, ....
Attorney-general, to be chosen by the people annually in November
to hold office for one year from third Wednesday in January
next thereafter, and untU another is chosen and qualified
election determined by legislature,
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,
51
Page
26
22 22 31,35 29 27
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7
7
21,43
43
43
43
52 INDEX TO THE CONSTITUTION.
Page
Attorney-general, vacancy occnrrini? during session of the legisla- ture, filled by joint l)allot of legislature from tlie people at large, 43
vacancy occurring during recess of legislature, filled by gov- ernor by appointment, -with consent of council, . . 43
not eligible, unless an inliabitant of the state for five years
next preceding election or appointment, .... 43
ofiice to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
Attornej^s, 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 one year fi-om tlilrd 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 eligible, unless an inhabitant of the state for five yeai'S
next preceding election, 43
ofiice to be deemed vacant if person elected or appointed fails
to be qualified Avithiu ten days, 43
B.
Bail or sureties, excessive, not to be required, 9
Bills, money, to originate 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 b}^ governor in Avriting, 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 bj' governor within five days after presenta- tion, to have force of law, unless tlie legislature adjourns
before that time expires, 11, 34
Boards, pul)lic, to make quarterly reports to the governor, . . 22
Body politic, formation and nature of, 3
title of : The Commonwealth of Massachusetts, ... 10 Bribery or corruption used in procuring an appointment or election,
to disqualify from holding any office of trust, etc., . . 32
c.
Census of ratable polls, 38
of inhabitants, 40, 44, 45
of inhabitants and legal voters taken in the year 18C5, and
every tenth year thereafter, 44, 46
enumeration of voters to determine the apportionment of
representatives 44
INDEX TO THE CONSTITUTION.
58
Cities, may be chartered b.y the general court, if containing twelve thousand inhabitants and consented to bj' a majority thei'eof,
Civil officers, meeting for election to be held annually on the Tues- day next after the first Monday in November, . whose election is provided for by the constitution to be elected bj^ a plurality of votes,
Clerks of courts, elected by the people of the several counties.
Clerks of towns, to make records and retm-ns of elections,
Colonial laws, not repugnant to the constitution, continued in force,
Commander-in-chief, governor to be,
Commerce, agriculture and the arts, to be encouraged,
Commissary-general, appointed and commissioned as fixed by law, .
Commission officers, tenure of office to be expressed in commissions,
Commissioners of insolvency, elected by the people of the several counties; annulled, ........
Commissions, to be in the name of the Commonwealth, signed by governor, attested by the secretarj^ and have the great seal affixed,
Congress, delegates to,
members of, may not hold certain state offices.
Constitution, amendment to, proposed in the general court, agreed to by a majority of senators and two-thirds of the house present and vothig thereon by yeas and nays; entered upon the journals of both houses, and referi'ed to the next general court; if the next general court agi-ees to the proposition in the same manner and to the same eflect, it shall be submitted to the people, and, if approved by them by a majority vote, becomes a part of the constitution,
Constitution, provisions for revising,
to be enrolled on parchment, deposited in seci'etaiy's office and printed in all additions of the laws.
Coroners, ...........
Page
34
41
41 44 13
20
29
25, 35
26
44, 49
32 27 36
Corruption or bribery used in procuring any appointment or elec
tion, to disqualify from holding any office of trust, etc. Council, live members to constitute a quorum, .... eight councillors to be elected annually, .... election to be determined bj' rule required in that of govei*'
nor,
to take oath of office before the president of the senate in
presence of both houses of assembly, to rank next after the lieutenant-governor, resolutions and advice to be recorded in a register, and signed
by the members present,
register of council may be called for by either house,
to exercise the power of governor when office of govei'nor
and lieutenant-governor is vacant, ....
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54 INDEX TO THE CONSTITUTION.
• Pago
Council, no property qualification reciuirecl, ..... 41 eight districts to be formed, each composed of five contiguous
senatorial districts, 42
eligible to election if an inhabitant of state for five years pre- ceding election, 42
term of oflSce, 37
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 bj^ governor with advice of
council, 4G, 47
Court, superior, judges not to hold certain other oftices, ... 36 Court, supreme judicial, judges to have honoraljle salaries fixed by standing laws, and to hold oflice during good be- havior, 9, 23
judges not to hold certain other oftices, 36
to give opinions upon important (luestions of law, etc., when required by either branch of the legislature or by the
governor and council, 26
Courts, clerks of, elected by the people of the several counties, . 44
Courts, probate, provisions for holding, 26
registers elected bj^ the people of the several counties, . 44
Courts and judicatories may be established by the general court, 11
may administer oaths or afllrmations, . . . . 11
Crimes and oflences, prosecutions for, regulated, .... 7
Crimes to be proved in the vicinity of where they happen, . . 7
D.
Debate, freedom of, in the legislatiu'e 8
Declaration of the rights of the inhabitants 4
Declaration and oaths of officers ; tests abolished, . . . 29,35,36
Delegates to congress, 27
Departments, legislative, executive and judicial, to be kept separate, 9
District attorneys, elected by the people of the several districts, . 44 Districts, councillor, eight, each to be composed of five contiguous
senatorial districts, 42
Districts, senatorial, forty, to be of adjacent territory, and to con- tain as near as may be an equal number of voters, . .46 Districts, representative, to be established by commissioners in the
several counties, 39, 45
Divoi'ce, alimony, etc., 27
E.
Educational interests to be cherished, 29
Elections ought to be free, 6
Elections, by the people, of civil ofl[icers provided for by the consti- tution, to be by plurality of votes 41
INDEX TO THE COXSTITUTIOX. 55
Election of civil officers, meeting to be held annually on the first
Tuesday next after the first Monday in November, . . 41 iu case of failure to elect representative, meeting to be held
on fourth ;Mouday in November, 41
Election retm^ns, 13, 42
Enacting style of laws, established, 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
Ex post facto laws, declared unjust and oppressive, .... 9
F.
Felony and treason, no subject to be declared guilty of, by the legis- lature, 9
Fmes, 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, §
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 witli the advice of council, 10, 19, 37 may constitute and erect judicatories and courts, . . . n 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, 1 1
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 Januarj^ 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 bj'^ governor, with advice of council, to be held in other than the usual place iu case of an infec- tious distemper prevailing, 19, 20
56 INDEX TO THE COXSTITUTIOX.
Page General court, judicial officers may be removed ui)on address of, . 26 person convicted of bribery, not to liold seat in, ... 32 may increase property qualifications of persons to be elected
to office, 32
certain officers not to have scats in, 31
may be prorogued by governor aud council for ninety days, if
houses disagree, etc. , 20
to elect major-generals b}' concurrent vote, . . . . 21
empowered to charter cities, 34
to determine election of governor, lieutenant-governor and
councillors, .......... 41, 42
to prescribe ))y law for election of sherifts, registers of probate and commissioners of insolvency by the people of the counties, aud district attorneys by the people of the
districts, 44
quorum, to consist of a majority of members, .... 48
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 Gover- nor of the Commonwealth of Massachusetts ; with the title of, — His Excellency ; elected annually, ... 18
qualitications, . . 18, 36, 48
term of office, .......... 37
should have an honorable stated salary, 23
the commandei'-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 anj' time, .... 10
not to hold certain other offices, 31
to take oaths of office before president of the senate in pres- ence of tlie 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 mav direct session to be held in other than the usual place in case of an in- fectious distemper prevailing, 19
to appoint all judicial officers, notaries public and coroners; nominations to be made at least ^even days before appoint- ment, 21, 35
INDEX TO THE CONSTITUTION. 57
Page Govenior, to appoiut officers of the continental army, ... 22 may pardon ofl'euces, but not before conviction, . . . 21 maj' 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, gi-auts 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
House of Eepresentatives, 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, . . . .10,48
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 tlie general assembly, . . 18
the gi'and 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
58 INDEX TO THE COXSTITUTIOX.
Page
House of Representatives, privileges of members, .... 18
may require tlie attendance of secretary of tlie commonwealtli
in person or by deputy, 26
may require tlie opinions of the justices of the supreme judi- cial court upou important questions of law, and upon solemn occasions, 26
meeting for election to be held on the Tuesday next after the
lirst jMouday of November, 41
in case of failure to elect, meethig to be held on the fourtli
]\Ionday of November, 41
to consist of two hundred and forty members, apportioned to the several counties equally, according to relative number of legal voters, 44
commissioners to divide counties into representative districts of contiguous teiTit'^'r}', l)ut no town or ward of a city to be divided, 45
no district entitled to elect more than tlu-ee representatives, . 45
board authorized to divide county into districts, to be certi- lied to by the secretary, the number of representatives to which the coimty 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, oG
" Inhabitant," the word defined, 13
Inhabitants, census to be taken in 18G5, 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, It, 23, 26
to give opinions upon important questions of law, etc., when required i)y the governor and council, or cither branch of
legislature, 2C,
not to hold certain other offices, 31
Judicatories and courts, may be established by the general court, . II
may administer oaths or affirmations, 11
Judicial department, not to exercise legislative or executive powers, U
INDEX TO THE CONSTITUTIOX. 59
Page Judicial officers, appointed by tlie governor witli consent of coun- cil ; nominations to be made seven daj's prior to appoint- ment, 21
to hold office dm'ing good IjehaA'ior, except when otherwise
provided bj^ the constitution, 26
may be remo^-ed from oflice by the governor, upon tlie address
of both houses of the legislatui'e, 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
L.
Law-martial, only those employed in the army and navy, and the militia in actual service, suljject to, except by authority
of the legislature, 9
Laws, every person to have remedj- in, for injury to person or prop- erty, 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 pro'viuce, colony and state, not repugnant to the constitu- tion, continued in force, 32
Legislative power, 9
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, — *^^itle of,
His Honor; who sliall be qualified same as governor, 23,37,
41, 48 in the absence of governor, to be president of the council, . 2^ to be acting governor when the chair of the governor is
vacant, 24
to take oath of office before president of the senate in presence
of both houses, 31
not to hold certain otlier offices, 31
term of office, 37
Literatiure and the sciences to be encom-aged, 29
M.
Magistrates and officers, accountable to the people, .... 5 Magistrates and courts, not to demand excessive bail, impose exces- sive flues, or inflict cruel punishments, .... 9 Major-generals, elected by senate and house of representatives by
concurrent vote, 21
may appomt their aids, 22
60
INDEX TO THE CONSTITUTION.
MaiTiage, divorce and alimony,
Mai'tial law, only those employed in the array and navy, and the railitia 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 refu-se to elect, governor with advice of council
may appoint officers,
officers commissioned to command may be removed as may
be prescribed by law,
appointment of stafl' officers, ......
organization; divisions, brigades, regiments and companies. Money, issued from treasury bj"^ warrant of governor, etc. ,
mentioned in the constitution, to be computed in silver at six shillings and eightpence per oimce, ....
Money bills, to originate in house of representatives.
Moneys, raised or appropriated for public or common schools, not
to be applied for support of sectarian schools, . Moral obligations of lawgivers and magistrates, Moral qualifications for office,
Page 27
21 21, 35 35 21 21
21 21
22, 35 22
32
17
43
Notaries public, to be appointed by governor with advice of council, 25, 35 maj' be removed by governor with advice of council, upon
address of both houses, 35
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, 31, 35, 36
to be taken Ijy ail civil and military officers, .... 35
Objects of government, 3, G
Oflences and crimes, prosecutions for, regulated, .... 7
Office of trust, person convicted of bribery, etc., not to hold, . . 32 Office, rotation in, right secured 6
INDEX TO THE CONSTITUTION. 61
Page Office, all persons having the prescribed qualifications equally eli- gible to, 6
no person eligible to, unless they can read and write, . . 44 Offices, plurality of, prohibited to governor, lieutenaut-governor and
judges, 31, 36
incompatible, . .31, 32, 36
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 legislature, ... 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
Organization of the militia, .22
P.
Pardon of offences, governor with 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 liear arms for the public defence, 8 have a right to assemble to consult upon the common good, to instruct their representatives, and to petition legisla- ture, 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
Plm-ality 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
62 INDEX TO THE CONSTITUTION.
Page Pi'oviucial laws, not repugnant to the constitution, continued in
force, 32
Public boards and certain olFicers to make quarterly reports to the
governor, 22
Public olRcers, right of people to secure rotation, .... 6 all persons having the prescribed qualifications equally eli- gible, 6
Public notary (see Notary public) .
Public religious worship, right and duty of, .... . 4
Punishments, cruel and unusual, not to be inflicted, .... 9
Q-
Quakers, may make affirmation, 31,35
Qualification of persons to be elected to office may be increased by
the legislature, 32
Qualification, property, of governor, abolislied, .... 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, 4G
of representatives, . .16,41,45
of secretary, treasurer, auditor, and attorne5'-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 coimuonwealth to be kept in the office of the secre- tary, 26
Register of the council, resolutions and advice to be recorded in, aud signed by members present,
Registers of probate, chosen bj- the people of the several counties, .
Religious denominations, equal protection secured to all, .
Religious sect or denomination, no subordination of one to another to be established l)y law,
Religious societies, may elect their own pastors or religious teachers, membership of, defined,
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IXDEX TO THE CONSTITUTION. 63
Page Religious worship, public, right and duty of, aud protection therein, 4
support of the ministry, aud erection aud repair of houses of
worship, • . . . 4, 5, 38
Eemedies by recourse to the law, to be free, complete aud prompt, . 6
Representatives (see House of Representatives). Resolves (see Bills and Resolves).
Returns of votes, 13, 19, 42, 43
Revision of constitution provided for in the year 1795, ... 33 Rights, declaration of, 4
s.
Sailors aud soldiers, who have served, etc., during time of war, not disqualified from voting on account of non-payment of
poll tax, 48
Salary, a stated and honorable salary to Ije established for the gov- ernor 23
permanent aud honora])le salaries to be established 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, seizure aud arrest, right of, regulated, ..... 7
Secretary of the commonwealth, to be chosen by the people annually
in November, . . . • 2.5, 43
to hold office for one year from third Wednesday in Januar}"
next, thereafter, and until another is chosen and qualitied, 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 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 occumng when legislature is not in session, to be filled l)y governor, by appointment, Avith advice and consent of council, 35, 43
not eligible, imless 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 quali'fled within ten days, ...... 43
records of commonwealth to be kept in office of , . . . 26
maj' 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
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Page |
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|
44 |
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13 |
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6 |
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. .10, |
13 |
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. 12, 39, |
46 |
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13 |
64 INDEX TO THE CONSTITUTION.
Sectarian schools, not to ])e maintained at pnblic expense, Selectmen, to preside at town meetings, elections, etc..
Self-government, riglit of, asserted,
Senate, the first branch of the legislatnre, ....
to consist of forty members, apportionment, etc., . to be chosen annually, ......
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 ofticers 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 govenior to passage of a bill or
resolve, at large on records, . . . . . . 10
districts, forty in number, to be of adjacent territory, and to
contain, as near as may be, an equal number of voters, . 46
apportionment based upon legal voters, 46
Sheriff's, elected by the people of the sevei-al counties, . . . 21, 44 Silver, value of money mentioned in the constitution to be computed
in silver at six shillings and eightpence 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
Solicitor-general, ...... ..... 21
Standing armies, dangerous to lil^erty and not to be maintained with- out consent of the legislature, 8
State or body politic, entitled, — The Commonwealth of ]\Iassachusetts, 10 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. , Avhen 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 re(iuireu, . . . . , 9
INDEX TO THE CONSTITUTION. 65
T.
Page
Taxation should be founded on consent, 6,8
Taxes, not to be levied without the consent of the people or theii*
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 by law have in tlieir offices,
shall be expressed in their commissions, .... 26
Tests abolished, 36
Title of body politic : The Commonwealth of Massachusetts, . . 10
Title of governor to be, — His P^xcellency, 18
Title of lieutenant-governor to be, — His Honor, .... 23 Town clerk, to make record and return of elections, .... 13
Town meetings, selectmen to preside at, 13
Town x-epresentation in the legislature, 16, 39, 40
Towns, voting precincts in, 47
Travelling expenses of members, to general assembly and returning home, once in every session, to be paid by the govern- ment, 16
Treason and felony, no subject to l^e declared guilty of, by the
legislature, .......... 9
Treasurer and receiver-general, to be cliosen by the people annually
in November, 25, 26, 43
to hold office for one year from tliird Wednesday in January
next thereafter and until another is cliosen and qualitied, . 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 eligible more than live 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 tlie 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 within 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
66 INDEX TO THE CONSTITUTION.
u.
Page University at Cambridge, 27, 28, 47
Y.
Vacancy in oflicc of governor, powers to be exercised by lieutenant- governor, ....,.,... 24 Vacancy in offices of governor and lieutenant-governor, powers to
1)6 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 seuatoi's elected, . . . .15,46 Vacancy in office of secretary, treasurer, auditor and attorney-gen- eral, 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 !>}• joint ballot
of legislature from people at large, 4.'3
occurring when legislature is not in session, to be filled by
governor, by appointment, with advice of council, . . 35, 43 Vacancy in militia ofllce, filled b}' 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-gover- nor, senators and representatives, . 13, 17, 34, 44, 46, 47, 48 not disqualified on account of non-payment of poll tax if thej'
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 lUstrlct six months, who have paid a state or county tax wltliln two j'ears next preceding the election of state officers, and such as are exempted by law from taxation, but in other respects qualified, and who can write their names and read the constitution in the English language, . . 17,34,44 the basis upon which tiie apportionment of representatives
to the several counties is made, 44
basis of apportionment of senators, • . ... 46
census of voters to l)e taken in 1S(;5, and every tentli year after, 44, 46
Votes, returns of 13, 19, 42, 43
plurality of, to elect civil officers, 41
Voting precincts In towns, ........ 47
INDEX TO THE CONSTITUTION. 67
W.
Page Worship, public, the rig-ht aud duty of all men, .... 4
\Yvit 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
"Writs, to be issued in the name of the commonwealth under the seal of the court, bear test of tlie first justice, and be signed
l)y the clerk, 32
Writing and reading, necessary qualifications for voting, or holding
office, 44
Y.
Year, political, begins on the first Wednesday of January, . . 37
:VCTS AND RESOLVES
MASSACHUSETTS.
1895.
1^=" The General Court of the year eighteen hundred and ninety-five assembled on Wednesday, the second day of January. The oaths of office were taken and subscribed by His Excellency Frederic T. Greenhalge and His Honor Roger Wolcott on Thursday, the third day of January, in the presence of the two Houses assembled in convention.
ACTS.
Chajp. 1.
An Act makixg appropriations for the compensation and travel of the members of the legislature, for the com- pensation of officers thereof, and for expenses in con- nectiox therewith.
Be 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- Appropriations. propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, to wit : —
For the compensation of senators, thirty thousand seven senators, com- hundred and fifty dollars. penBation.
For travelling- expenses of senators, a sum not exceed- Travelling es- ing thirty-two hundred dollars.
For the compensation of representati\'es, one hundred Representa. and eighty thousand seven hundred and fifty dollars. sation.
For travelling expenses of representatives, a sum not Travelling ex exceeding twenty thousand dollars. pt^nses.
For the compensation of the chaplains of the senate and chaplains. house of representatives, three hundred doUars each.
For the salaries of the clerks of the senate and house senate and of representatives, three thousand dollars each. house clerks.
For the sahiries of the assistant clerks of the senate Assistant and house of representatives, two thousand dollars each. '^'^■''^^•
For such additional clerical assistance for the clerks of Clerical assist-
• . auce.
the senate and house of representatives as may be neces- sary for the proper despatch of public business, a sum not exceeding three thousand dollars.
For the salary of tlie sergeant-at-arms, three thousand arm^s^*"*"'''' dollars.
For the salary of the first clerk in the office of the cierk. sergeant-at-arms, twenty-two hundred dollars.
Acts, 1895. — Chap. 2.
Doorkeepers.
Postmaster, messengers, etc.
Contingent ex- penses.
Postftge, etc., on documents.
Committees, witnesset-.
Expenses.
For the salaries of the doorkeepers of the senate and house of representatives, fourteen hundred dollars each.
For the compensation of the assistant doorkeepers, post- master, messengers and i)ages to the senate and house of representatives, a sum not exceeding twenty-four thousand one hundred dollars.
For contingent expenses of the senate and house of representatives, and necessary expenses m and about the state house, a sum not exceeding seven thousand dollars.
For the payment of postage and expressage on docu- ments sent to members of the general court, to include expenses incurred in packing the same, a sum not exceed- ing fifteen hundred dollars.
For expenses of summoning witnesses before commit- tees, and for fees for such witnesses, a sum not exceeding two hundred dollars.
For authorized expenses of committees of the present legislature, to include clerical assistance to committees authorized to employ the same, a sum not exceeding fif- teen thousand dollars.
Section 2. This act shall take eifect upon its passage.
Approved January 17, 1S95.
Chcin '^ An Act KELAxrvE to the registkatiox ok voters for special
ELECTIONS.
1S93. 417 § 41 amended.
Registration special elec- tions.
Be it enacted, etc., as folloivs :
> Sectiox 1. Section forty-one of chapter four hundred
and seventeen of the acts of the year eighteen hundred and ninety-three is hereby amended ])y inserting in the eighth line, after the w^ord "Sunday", the words: — or legal
^""^ holiday, — so as to read as follows: — Section 41. In case an election is to be held in a city or town on a day other than the day of the annual state, cit3' or town elec- tion therein, the registrars of voters shall, for the regis- tration of voters in such city or town, hold in some suitable and convenient place therein, a continuous ses- sion from twelve o'clock, noon, until ten o'clock in the evening, on the fourth day preceding such election, or if such day would fall on a Sunday or legal holiday, then on the fifth day preceding such election : except that in the city of Boston such session shall be hold on the seventh day preceding the election. Registration in such city or town shall cease at ten o'clock in the evening of the day
Acts, 1895. — Chaps. 3, 4:. t
on which such session is held, and be discontinued therein until the election shall have been held.
Section 2. This act shall take eft'ect upon its passage.
Approved January 30, 1S93.
An Act to authorize the town of brookfield to make an (JJia)-) 3
ADDITIONAL WATER LOAN.
Be it enacted, etc., as follows :
Section 1. The town of Brookfield, for the purposes Brooktieid mentioned in chapter seventy-nine of the acts of the year ^^ ''^^"^ ^^^^' eighteen hundred and eighty-eight, may issue bonds, notes or certificates of debt, to be denominated on the face thereof. The Brookfield Water Loan, to an amount not exceeding fifty thousand dollars in addition to the amount heretofore authorized by law to be issued by said town for the same purpose ; said bonds, notes or certificates of debt shall be issued upon the same terms and condi- tions and with the same powers as are provided in said chapter seventy-nine for the issue of the Brookfield water loan : I'^rovided, that the whole amount of such bonds, Provisos. notes or certificates of del)t issued by said town for the purpose of providing a public water supply shall not in any event exceed the amount of eighty-five thousand dol- lars ; and provided, also, that the whole amount of such bonds, notes or certificates of debt outstanding at any time, less such amount as may have been paid and re- deemed by said town under the provisions of section six of said chapter seventy-nine or under the authority of this act, shall not exceed the amount of seventy-five thou- sand dollars.
Section 2. This act shall take efi*ect upon its passage.
Approved January 30, 1895.
An Act making APrROPKiATiONS for the maintenance of the nhrtyi A.
JUDICIAL DEPARTMENT OF THE GOVERNMENT DURING THE PRES- ENT YEAR.
Be it enacted, etc., as follotos :
Section 1. The sums hereinafter mentioned are ap- AppropnatioDB. propriated, to be paid out of the treasury of the Com- monwealth fi'om the ordinary revenue, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninetv-five, to wit : —
Acts, 1895. — Chap. 4.
Supreme judi- cial court, chief justice. Associate jus- tices.
Clerk.
Clerical assist- ance.
Clerical assist- ance to justices.
Expenses.
Reporter of decisions.
Officers and messenger.
Clerk for Suf folk.
SUPREME JUDICIAL COUUT.
For the trarelliug expenses of the chief justice of the supreme judicial court, five hundred dollars.
For the travellinir expenses of the six associate justices of the supreme judicial court, tlirce thousand dollars.
For the salary of the clerk of the supreme judicial court, three thousand dollars.
For clerical assistance to the clerk of the supreme judi- cial court, five hundred dollars.
For clerical assistance to the justices of the supreme judicial court, a sum not exceeding twenty-tive hundred dollars.
For expenses of the supreme judicial court, two thou- sand dollars.
For the salary of the reporter of decisions of the supreme judicial court, four thousand dollars ; and for clerk hire and incidental expenses of the reporter, two thousand dollars.
For the salaries of the officers and messenirer of the supreme judicial court, twenty-four hundred doUai-s.
For the salary of the clerk of the supreme judicial court for the county of Suffolk, fifteen hundred dollars.
Superior court, chief justice.
Associate jus- tices.
Ex-chief justice,
SUPERIOR COURT.
For the salary and travellinir expenses of the chief jus- tice of the superior court, sixty-five hundred dollars.
For the salaries and travelling expenses of the fifteen associate justices of the superior court, ninety thousand dolhu-s.
For the salary of the ex-chief justice of the superior court, now retired, twenty-seven hundred and fifty dollars.
COURTS OF PROBATE AND INSOLVENCY.
iMo^vencT.*^ For the salaries of the two judges of probate and in sol-
judges, Suffolk, vency for the county of Sufiblk, five thousand dollars each.
For the salary of the senior judge of probate and insol- vency for the county of ]\Ii(l(llesex, forty-five hundred dollars ; and for the salary of the junior judge of prol)ate and insolvency for said county, four thousand dollars.
For the salary of the judge of probate and insolvency for the county of AVorcester, thirty-five hundred dollars.
Middlesex.
Worcester.
Acts, 1895. — Chap. 4. 7
For the salary of the judge of probate and insolvenc}' Esses. for the county of Essex, thirty-seven hundred dollars.
For the salary of the judge of probate and insolvency Norfolk. for the county of Norfolk, twenty-eight hundred dollars.
For the salary of the judge of probate and insolvency Bristol. for the county of Bristol, three thousand dollars.
For the salary of the judge of probate and insolvency Plymouth. for the county of Plymouth, two thousand dollars.
For the salary of the judge of probate and insolvency Berkshire. for the county of Berkshire, eighteen hundred dollars.
For the salary of the judge of probate and insolvency Hampden. for the county of Hampden, three thousand dollars.
For the salary of the judge of probate and insolvency Hampshire. for the county of Hampshire, sixteen hundred dollars.
For the salary of the judge of probate and insolvency Frankiiu. for the county of Franklin, tifteen hundred dollars.
For the salary of the judge of probate and insolvency Bamstabie. for the county of Barnstalile, thirteen hundred dollars.
For the salary of the judge of prolwite and insolvency Nantucket. for the county of Nantucket, seven hundred dollars.
For the salary of the judge of probate and insolvency Dukes county. for the county of Dukes County, seven hundred dollars.
For the compensation of judges of probate and insol- ]^J^l^ vLancy. vency acting for judges of probate and insolvency in other counties where the judge of said county is sick or the office vacant, a sum not exceeding three thousand dollars.
For the salary of the register of probate and insolvency Register, suf. for the county of Suifolk, five thousand dollars.
For the salary of the register of probate and insolvency Middlesex, for the county of Middlesex, four thousand dollars.
For the salary of the register of probate and insolvency Essex. for the county of Essex, thirty-three hundred dollars.
For the salary of the register of probate and insolvency Worcester. for the county of Worcester, three thousand dollars.
For the salary of the register of pro])ate and insolvency Norfolk. for the county of Norfolk, twenty-three hundred dollars.
For the salary of the register of pro1)ate and insolvency Bristol. for the county of Bristol, twenty-five hundred dollars.
For the salary of the register of probate and insolvency Plymouth. for the county of Plymouth, eighteen hundred dollars.
For the salary of the register of probate and insolvency Hampden, for the county of Hampden, twenty-five hundred dollars.
For the salary of the register of probate and insolvency Hampshire, for the county of Hampshire, sixteen hundred dollars.
8
Acts, 1895. — Chap. 4.
Berkshire.
Franklin. Barnstable. Nantucket. Dukes County.
Assistant regis- ter, Suffolk.
Middlesex.
Worcester.
Kseex.
Norfolk.
Franklin.
Clerk, Suffolk.
Clerical assist- ance, Suffolk.
Middlesex.
Essex
Bristol.
Worcester.
For the salary of the register of pro])ate and insolvency for the county of Berkshire, eighteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Franklin, fifteen hundred dollars.
For the salary of the register of prol)ate and insolvency for the county of Barnstal)le, thirteen hundred dollars.
For the salary of the register of probate and insolvency for the county of Xantucket, seven hundred dollars.
For the salary of the register of probate and insolvency for the county of Dukes County, seven hundred dollars.
For the salary of the assistant register of ])i-ol>ate and insolvency for the county of Suflblk, twenty-eight hun- dred dollars.
For the salary of the assistant register of probate and insolvency for the county of Middlesex, two thousand dollars.
For the salary of the assistant register of probate and insolvency for the county of Worcester, eighteen hundred dollars.
For the salary of the assistant register of pro])ate and insolvency for the county of Essex, eighteen- hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Norfolk, twelve hundred dollars.
For the salary of the assistant register of probate and insolvency for the county of Franklin, five hundred dollars.
For the salary of the clerk of the register of probate and insolvency for the county of Suflblk, twelve hundred dollars.
For extra clerical assistance to the register of probate and insolvency for the county of Suffolk, fifteen hundred dollars.
For extra clerical assistance to the register of probate and insoh ency for the county of Middlesex, a sum not exceeding two thousand dollars.
For extra clerical assistance to the register of probate and insolvency for the county of Essex, a sum not exceed- ing one thousand dollars.
For extra clerical assistance to the register of pr()l)ate and insolvency for the county of Bristol, a sum not ex- ceeding four hundred dollars.
For extra clerical assistance to the register of pro- bate and insolvency for the county of Worcester, a
Acts, 1895. — Chap. 4. 9
sum not exceeding twenty-three hundred and fifty dol- lars.
For extra clerical assistance to the register of probate Plymouth. and insolvency for the county of Plymouth, a sum not exceeding live hundred dollars.
For extra clerical assistance to the register of probate Hampshire. and insolvency for the county of Hampshire, for the pur- pose of arranging and indexing the tiles and records in his office, a sum not exceeding one hundred and fifty dollars.
For extra clerical assistance to the courts of probate in the several and insolvency in the several counties of the Common- s^'eflliTaJd '''^^^ wealth, excepting Sulfolk and Franklin counties, a sum ^'■-'"'^''d- not exceeding eighty -five hundred dollars.
For expenses of courts of probate and insolvency, a Espenses. sum not exceeding two thousand dollars.
DISTRICT ATTORNEYS.
For the salary of the district attorney for Suffolk dis- District attor- trict, five thousand dollars. "^^'
For the salary of the first assistant district attorney for First assistant. Suftblk district, thirty-three hundred dollars.
For the salary of the second assistant district attorney second assist- for Suffolk district, twenty-five hundred dollars.
For the salary of the clerk of the district attorney for cierk. Suttblk district, eighteen hundred dollars.
For the salary of the district attorney for the northern District attor- district, twenty-four hundred dollars. dis^trict.'^ ^™
For the salary of the district attorney for the eastern Eastern district. district, twenty-four hundred dollars.
For the salary of the district attorney for the south- southeastern eastern district, twenty-one hundred dollars.
For the salary of the district attorney for the southern Southern dis- district, twenty-two hundred dollars.
For the salary of the district attorney for the middle Middle district. district, twenty-four hundred dollars.
For the salary of the district attorney for the western western dis- district, twenty-one hundred dollars.
For the salary of the district attorney for the north- ^^g^^'^^®^'®""" western district, thirteen hundred and fifty dollars.
Section 2. This act shall take efiect upon its passage.
Approved January 31 ^ 1895.
10
Acts, 189."). — Chap. 5.
ChClJ). 5. ''^^ '^*"^ MAKING APrUOPRIATIOXS VOll riUXTING AXD BINDING PUB- LIC UOCUMEXTS, PURCHASE OF PAPER, PUBLISHING LAWS AND PREPARING TABLES AND INDEXES RELATING TO THE STATUTES.
Appropriations.
Printing and binding public documents.
Exchange and distribution.
Printing acts and resolves.
Reports of deci- sions of supreme judicial court.
Blue book.
Publication of general laws, etc.
Assessors' books and blanks.
Registration books, etc.
Printing and binding manual.
Printing' and bindinti, senate and bouse.
Be it enacted^ etc., asfuUoivs:
Section 1. The sums hereinafter mentioned are ap- propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the purposes specified, to meet expenses for the year ending on the thirty-first day of December in the year eighteen hundred and ninety-five, to -wit : —
For printing and binding the series of public docu- ments, under the direction of the secretary of the Com- monwealth, a sum not exceeding fifty-five thousand dollars.
For expenses in connection with the exchange and dis- tribution of public documents, under the direction of the secretary of the Commonwealth, a sum not exceeding lif- teen hundred dollars.
For printing the pamphlet edition of the acts and re- solves of the present year, for distribution in the Com- monwealth, a sum not exceeding thirty-five hundred dollars.
For reports of decisions of the supreme judicial court, including copies to bs furnished to newly incorporated towns by the secretary of the Commonwealth, a sum not exceeding three thousand dollars.
For })rinting and binding the blue book edition of the acts and resolves of the present year, with the governors message and other matters in the usual form, a sum not exceeding sixty-five hundred dollars.
For the newspaj^er publication of the general laws and all information intended for the public, a sum not exceed- ing five hundred dollars.
For assessors' books and blanks furnished cities and towns by the secretary of the Commonwealth, a sum not exceeding fifteen hundred dollars.
For registration books and blanks, indexing returns and editing the registration report, a sum not exceeding twenty- five hundred dollars.
For printing and binding the manual of the general court, under tlie direction of the clerks of the senate and house of rei)rescntatives, a sum not exceeding three thou- sand dollars.
For printing and l)inding ordered by the senate and house of representatives, or by concurrent order of the
Acts, 1895. — Chap. 5. 11
two brandies^ a sum not exceeding thirty thousand dol- lars.
For the purchase of paper for the Commonwealth, used P^'Ptr ^^^ ^'^^^ in the execution of the contract for the state printing, under the direction of the secretary of the Commonwealth, a sum not exceeding thirty thousand dollars.
For printing and distributing at the public expense Ballots. ballots cast at elections for national, state, district and county officers, in the cities and towns in the Common- wealth, a sum not exceeding ten thousand dollars.
For blank forms for town officers, and for laws and Blank forms.etc. instructions on all matters relating to elections, to he pro- vided by the secretary of the Commonwealth, a sum not exceeding one thousand dollars.
For furnishing cities and towns with ballot boxes, and ^aiiot boxes. repairs to the same, a sum not exceeding twenty-live hun- dred dollars.
For furnishing suitable blanks to registrars of voters. Blanks to regis- by the secretary of the Commonwealth, a sum not exceed- '""*" °^ voters. ing live hundred dollars.
For furnishino; registrars of voters in the cities and Registration
,o O _ _ _ _ boxes.
towns in the Commonwealth with suitable registration boxes, a sura not exceeding five hundred dollars.
For the preparation of tables and indexes relating to Tables and in. the statutes of the present and previous years, under the utes. direction of the governor, a sum not exceeding five hun- dred dollars.
For collating, indexing and publishing, in a style similar Publication of to that in which the blue books, so-called, are now pub- '^'^^^ '*^*' lished, all the acts and resolves of the general court from the adoption of the constitution to the year eighteen hun- dred and six, a sum not exceeding seven thousand dollars.
For colhitiuo;, indexing and publishino- the records of Publication of
- ~ f 1 . 1 ~, , , . revohuionary
the JMassachusetts troops oi the period ot the revolution, records. a sum not exceeding fifty-five hundred dollars, lieing the amount authorized i\y chapter one hundred of the resolves of the year eighteen hundred and ninety-one for publish- ing; the appropriation for this purpose authorized liy chapter thirteen of the acts of the year eighteen hundred and ninety-three having expired by limitation.
For the purchase of record inks for public records. Record inks. under the direction of the secretary of the Common- wealth, a sum not exceeding five hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1895.
12
Acts, 1895. — Chap. G.
Obstructions in tide waters.
Preservation, etc., of state records.
Agricultural ex. periment sta- tion.
Agricultural college, free scholarships.
Aid to students etc.
(JJian, 6. ^ ^^'^ MAKIXG APPROrRIATIOXS FOR CERTAIN ALLOWANCES AU- THORIZED BY THE LEGISLATURE.
Be it enacted., etc., asfolloivs: Appropriations. Sectiox 1. The sums hereinafter mentioned are ap- propriated, to l)e paid out of the treasury of the Com- monwealth from the ordinary revenue, to provide for certain yearly and other allowances authorized by the legislature, to wit : —
For expenses in connection with the removal of wrecks and other ol)structions from tide waters, a sum not ex- ceeding live thousand dollars.
For the arrangement and i)reservation of state records and papers, under the direction of the secretary of the Commonwealth, a sum not exceeding five thousand dollars.
For maintaining an agricultural experiment station at the Massachusetts agricultural college, in the town of Amherst, the sum of ten thousand dollars.
For the Massachusetts agricultural college, for the pur- pose of providing eighty free scholarships, the sum of ten thousand dollars.
For the ^Massachusetts agricultural college, the sum of ten thousand dollars, to be expended under the direction of the trustees, for the following purposes, to wit: — five thousand dollars for the establishment of a labor fund to assist needy students of said college, and live thousand dollars to jn'ovide the theoretical and practical education required l)y its charter and the laws of the United States relating thereto.
For the Massachusetts school for the feeble-minded, the sum of twenty-live thousand dollars.
For the Perkins institution and ^Massachusetts school for the blind, the sum of thirty thousand dollars.
For salaries and expenses in connection with the inspec- tion of milk, food and drugs, a sum not exceeding eleven thousand five hundred dollars.
For the payment of extraordinary expenses, to be ex- pended under the direction of the governor and council, a sum not exceeding twenty thousand dollars.
For the payment of premiums on securities purchased for the Massachusetts school fund, a sum not exceeding fifty thousand dollars.
For expenses of transportation of the state jjublications to the free public libraries in this Commonwealth, by
School for feebleminded.
School for the blind.
Inspection of food, drugs, etc.
Extraordinary expenses.
Premiums on securities.
Tranoportation of state publica tions.
Acts, 1895. — Chap. 7. 13
the secretary thereof, a sum not exceeding five hundred dollars.
For expenses in connection with the examination and Examination certification of school teachers by state authority, a sum ot school not exceeding five hundred dollars.
For the Massachusetts school fund, the sum of one hun- School fund. clred thousand dollars.
For the care and maintenance of the educational museum, Educational the sum of fifteen hundred dollars. '^"'""'^•
For the Massachusetts state firemen's association, the state firemen's sum of ten thousand dollars. aBsociation
For the Worcester polytechnic institute, the sum of tTchnTcInX'^ fifty thousand dollars. i"'e.
For the erection of the new normal school buildings New normal provided for by chapter four hundred and fifty-seven of rngs" the acts of the year eighteen hundred and ninety-four, a sum not exceeding two hundred and twenty-five thousand dollars, being in addition to the seventy-five thousand dollars appropriated by chapter five hundred and forty- six of the acts of the year eighteen hundred and ninety- four.
For building an addition to the state normal school at Normal school Bridgewater, a sum not exceeding thirty thousand dollars, ^ " ^®^^'®'"* being in addition to the forty-five thousand dollars appro- priated by chapter four hundred and nineteen of the acts of the year eighteen hundred and ninety-four.
For expenses in connection with carrying out the law Registered
!,• , T'j. • j_ •j_"^ii • ± pharmacists.
relative to complamts against registered pharmacists, a sum not exceeding two thousand dollars.
For the cost of maintenance and operation of the system sewage disposal of sewage disposal for the cities of Boston, Newton and citie's and towns. Waltham, and the towns of Brookline and Watertown, for the year eighteen hundred and ninety-five, a sum not exceeding twenty-eight thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1S95.
An Act making ArrROPRiAxioxs for salaries and expenses of nj>rfj) 7
THE DISTRICT POLICE.
Be it enacted, etc., as follows :
Section 1. The sums hereinafter mentioned are ap- Appropriations. propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the payment of salaries and expenses of the district police during the
u
Acts, 1895. — Chap. 8.
year ending on the thirty-first day of December in the year eighteen hundred and ninety-five, to wit : — poi'i^/e°* '^'*"'''=' For the salary of the chief of' the district police, a sum not exceeding twenty-five hundred dollars.
For the salary of the first clerk in the office of the chief of the district police, the sum of fifteen hundred dollars.
For the salary of the second clerk in the office of the chief of the district police, the sum of one thousand dollars.
For the compensation of the thirty-eight members of the district police, a sum not exceeding fifty-six thousand dollars.
For travelling expenses actually paid by members of the district police, a sum not exceeding twenty thousand eight hundred dollars.
For incidental and contingent office expenses of the chief and members of the district police, a sum not ex- ceeding two tliousand dollars.
Section 2. This act shall take effect upon its ))assage.
Approved January 31, 1895.
First clerk.
Second clerk.
District police.
Travelling es penses.
Incidental ex pensea.
Chap. 8. An Act making appropriations kor salaries and expenses at
THE REFORMATORY PRISON FOR AVOMEN, AT SHERP.ORN.
Appropriations,
RefornriBtory prison for women.
Sewage diepc sal.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are ap- propriated, to be paid out of the treasury of the Com- monwealth from the ordinary revenue, for the ])ayment of salaries and ex])enses at the reformatory prison for women, at Sherborn, during the year ending on the thirty-first day of December in tlie year eighteen hundred and ninety-five, to wit : —
For the })ayment of salaries and wages at the reforma- tory prison for women, at Sherborn, a sum not exceeding twenty-four thousand five hundred dollars ; and for other current expenses at said institution, a sum not exceeding thirty-one thousand five hundred dollars.
For the to\\'n of Framingham, toward the annual ex- pense of maintaining and oj)erating the system of sewage disposal at the reformatory prison for women, the sum of six hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1895.
Acts, 1895. — Chaps. 9, 10, 11. 15
An Act making appropriations for salaries and expenses at {^Jiqj) 9
THE state prison AT BOSTON.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are ap- Appropnaiions. propriated, to l)e paid out of the treasury of the Com- monwealth from the ordinar^)' revenue, for the })ayment of salaries and expenses at the state prison at Boston during the year ending on the thirty-first day of Decem- ber in the year eighteen hundred and ninety-five, to wit : —
For the payment of salaries at the state prison at state prison. Boston, a sum not exceeding seventy- four thousand dol- lars ; and for other current expenses at said institution, a sum not exceeding ninety thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 1, 1895.
An Act authorizing advances to the sergeant-at-arms from the treasury of the commonwealth.
Chcqj.lO.
Be it enacted, etc., as follows :
Section 1. There mav be advanced to the serjreaut- Advanc.sto at-arms, under the provisions ot chlapter one hundred and f^rma. seventy-nine of the acts of the year eighteen hundred and eighty-four, to meet the necessary and legitimate inci- dental expenditures made by him in the care of the state house and grounds, an amount not exceeding live hundred dollars at any one time.
Section 2. This act shall take effect upon its passage.
Approved February 1, 1S93.
Chap. 11.
Ax Act to provide for the appointment of additional pages. Be it enacted, etc., as follows :
Section. 1. The sergeant-at-arms may appoint six Additional pages, in addition to the present numl>er, who shall l)e ^^^'^' assigned to such service in the state house as he may specify.
Section 2. This act shall take effect upon its passage.
Approved February 1, 1895.
16 Acts, 1895. — Chap. 12.
CllCil). 12. ^^ ^^"^ '^^ AUTHORIZE A CHANGE IN THE LOCATION OF THE BOSTON AND ALBANY KAILKOAl) ACKOSS LAKE COCIHTUATE, AND THE TAK- ING OF LAND INCIDENT THERETO.
Be it enacted, etc., as follows :
ni'ikomi^mly be SECTION 1. The commissionors api)ointcd bv tlic supc- chauged. ^{qy court for tlic couuty of jVIiddlesGX upon the joint peti-
tion of the selectmen of Natick and the directors of the Boston and Allmny Kaih'oad Company, to determine the method of the abolition of certain crossings of pul)lic wa^'s in said town and the Boston and Albany railroad, are hereby authorized to prescribe and direct a new location of said railroad across lake Cochituate and land of the city of Boston in the town of Natick, and to take land therefor as follows : — The center or base line of said new location is described as follows: — Beginning at a stone monument set in the ground at a point in the i)resent base line of location, distant al)out nine hundred and forty-six feet easterly from the nineteenth mile post ; thence run- ning northeasterly, easterly and southeasterly by a line curving to the south, with a radius of three thousand eight hundred and nineteen and eighty-three one hundredths feet, about eight hundred and seventy-six and sixty-six one hundredths feet to a stone monument set in the ground ; thence running south eighty-one degrees and twenty-six minutes east about four hundred and ninety- six and sixty-five one hundredths feet to a stone monu- ment set in the ground ; thence running southeasterly, easterly and northeasterly by a line curving to the north, with a radius of three thousand eight hundred and nine- teen and eighty -three one hundredths feet, about one thousand seven hundred and six and sixty-seven one hun- dredths feet to a stone monument set in the ground ; thence running north seventy-two degrees and fifty-eight minutes east about one thousand two hundred and sixty- six and twenty-seven one hundredths feet to a stone monu- ment set in the ground ; thence running northeasterly by a line curving to the south, with a radius of five thousand seven hundred and twenty-nine and sixty-five one hun- dredths feet, al)()ut six and fifty-nine one hundredths feet to a point in the dividing line between land of Henry Ramsdell and land of the city of Boston, distant two hun- dred and twenty-six and twenty-one one hundredths feet northerly from the present base line of location. Upon
Acts, 1895. — Chap. 13. 17
said new location said railroad company may construct an Location of embankment across lake Cochituate of such width that the hechL^dl northerly edge of the top of said embankment shall be not more than thirty feet northerly, and the southerly edge of the top of said embankment shall be not more than fifty feet southerly, from the said new base line of location hereinbefore described, and of a height not greater than one hundred and fifty-nine feet above Boston city base ; and the bottoms of said embankment may extend so far northerly and southerly as shall l)e necessary to maintain the proper slopes ; said embankment to be made with proper culverts through which water may pass to lake Cochituate ; said location shall include so much of said lake Cochituate as lies between said railroad com- pany's present location and a line parallel with and distant thirty feet northerly from said new base line of location hereinbefore described, and so much land of the city of Boston and others along said base line as said commis- sioners shall prescribe.
Section 2. To enable the abolition of said crossings May tatc cer- to be carried out and to provide reasonable facilities for freight in connection therewith the Boston and Albany Rail- road Company is authorized to take, by purchase or other- wise, for freight, storage, depot or station purposes, and for approaches, the whole or any part of the land included between Main street, "VVashinglon avenue, Cochituate street, Harrison street and Bellevue street extended to meet Harrison street, in said Natick, without further pro- ceedings therefor except to file a location thereof.
Section 3. In case the parties in interest cannot agree Damages. on the damages for land taken as aforesaid the same shall be determined in the manner provided by chapter one hundred and twelve of the Public Statutes, and the dam- ages to the city of Boston may be settled by agreement between the directors of the Bostcm and Albany Railroad Company and the Boston water board.
Section 4. This act shall take effect upon its passage.
Approved February 8, 1S95.
An Act making approvriaiions for incidental, contingent f^jjfjYi 18
AND miscellaneous EXPENSES OF THE VARIOUS COMMISSIONS OF 1 ' '
THE COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are ap- Appropriations. propriated, to be paid out of the treasury of the Common-
18
Acts, 1895. — Chap. 13.
Appropriations. Avcaltli fi'om tlie oixlitiary revenue, except fis herein ])rovi(led, for the purposes specified, to meet expenses for the year endiiiiz; on the thii-ty-iirst day of December in the year eighteen hundred and ninety-five, to wit : —
Tax comtnia- siODcr.
State valuation.
Commissioners of savings banlis.
Insurance com-
tuisdioutir.
Harbor and land coramissioners.
Incidental ex- penses.
Railroad com- missioiiers.
Rent, mes- senger, etc.
Incidental ex- penses.
Railroad in- spectors.
Gas and electric lii;ht commls- Bioners.
Inspectors of gas meters.
COaOIISSIONERS AND OTHERS.
For incidental and contingent expenses of the tax com- missioner and commissioner of corporations, a sum not exceeding thirty-four hundred dollars.
For expenses of the state vahiation, under the direction of the tax commissioner, a sum not exceeding three thou- sand dollars.
For travelling and incidental expenses of the commis- sioners of savino-s banks, a sum not exccedino- thirtv-three hundred dollars.
For incidental and contingent expenses in the depart- ment of the insurance commissioner, a sum not exceeding forty-five hundred dollars.
For travelling and other necessary expenses of the har- bor and land commissioners, a sum not exceeding six hundred dollars.
For incidental and contingent office expenses of the harbor and land commissioners, a sum not exceeding eight hundred dolhirs.
For the compensation of experts or other agents of the board of railroad conmiissioncrs, a sum not exceeding thirty-eight hundred dollars.
For rent, care of oflice and salary of messenger for the board of railroad commissioners, a sum not exceeding thirty-one hundred clolhirs.
For books, maps, statistics, stationery, incidental and contingent expenses of the board of railroad commission- ers, a sum not exceeding two thousand dollars.
For