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5. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time.
7. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings. y
8. The senate shall be a court with full authority to hear and determine all impeachments made by the house of representatives, against any officer or officers of the commonwealth, for misconduct, and maladministration in their offices. But, previous to the trial of every impeachment, the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further than to removal from office, and disqualification to hold or enjoy any place of honcur, trust, or profit, under this commonwealth : but the party so convicted shall be, nevertheless, liable to impeachment, trial, judgment, and punishment, according to the laws of the land.
9. Not less than sixteen members of the senate shall constitute a quorum for doing business.
CHAPTER L-section 3.
Article 1. There shall be, in the legislature of this commmonwealth, a representation of the people, annually elected, and founded upon the principle of equality.
2. And in order to provide for a representation of the citizens of this commonwealth, founded on the principles of equality, every corporate town containing one hundred and fifty ratable polls may elect one representative; every corporate town containing three hundred and seventy. five ratable polls may elect two representatives: cwery corporate town containing six hundred ratable polls, may elect three representatives and proceeding in that manner, making two hundred and twenty-five ratable polls the mean increasing number for every additional representative:
Provided, nevertheless, that each town now incorporated, not having one hundred and fifty ratable polls, may elect one representative. But no place shall hereafter be incorporated with the privilege of electing a representative, unless there are, within the same, one hundred and fifty matable polls.
And the house of representatives shall have power, from time to time, to impose fines upon such towns as shall neglect to choose and return members to the same, agreeably to this constitution.
The expenses of travelling to the general assembly, and returning home, once in every session, and no more, shall be paid by the government, out of the public treasury, to every member who shall attend as seasonably as he can, in the judgment of the house, and does not depart without leave.
3. Every member of the house of representatives shall be chosen by written votes; and for one year at least next preceding his election shall have been an inhabitant of, and have been seized in his own right of a freehold of the value of one hundred pounds within the town he shall be chosen to represent, or any ratable estate, to the value of two hundred pounds; and he shall cease to represent the said town immediately on his tra-inz to be qualified as aforesaid.
4. Every male person (being twenty-one years of age, and residen any particular town in this commonwealth, for the space of one next preceding) having a freehold estate within the same town, of annual income of three pounds, or any estate of the value of si pounds, shall have a right to vote in the choice of a representative, representatives, for the said town. 5. The members of the house of representatives shall be chosen an ally, in the month of May, ten days, at least, before the last Wednes of that month. 6. The house of representatives shall be the grand inquest of this c monwealth; and all impeachments, made by them, shall be heard tried by the senate. 7. All money bills shall originate in the house of representatives: the senate may propose or concur with amendments as on other bills 8. The house of representatives shall have power to adjourn the selves; provided such adjournment shall not exceed two days a time. 9. Not less than sixty members of the house of representatives sl constitute a quorum for doing business. 10. The house of representatives shall be the judge of the retur elections, and qualifications of its own members, as pointed out in constitution; shall choose their own speaker; appoint their own office and settle their rules and orders of proceeding in their own house. Th shall have authority to punish, by imprisonment, every person (no member) who shall be guilty of disrespect to the house, by any dis derly or contemptuous behaviour in its presence; or who, in the to where the general court is sitting, and during the time of its sitting, sh threaten harm to the body or estate of any of its members, for any thi said or done in the house; or who shall assault any of them therefor; who shall assault or arrest any witness or other person, ordered to tend the house in his way in going or returning; or who shall rest any person arrested by the order of the house. And no member of the house of representatives shall be arrested held to bail on mesne process, during his going into, returning from, his attending the general assembly. 11. The senate have the same powers in the like cases; and the vernor and council shall have the same authority to punish in li cases: provided, that no imprisonment, on the warrant or order of t governor, council, senate, or house of representatives, for either of t above described offences, be for a term exceeding thirty days. And the senate and house of representatives may try and determi all cases where their rights and privileges are concerned, and which, the constitution, they have authority to try and determine, by comm tees of their own members, or in such other way as they may resp tively think best.
Governor. Article 1. There shall be a supreme executive magistrate, who sh;
be styled the Governor of the Commonwealth of Massachusetts; a whose title shall be, His Ercellency.
2. The governor shall be chosen annually: and no person shall be tigible to this office, unless at the time of his election he shall have ken an inhabitant of this commonwealth for seven years next preceding; and unless he shall, at the same time, be seized, in his own right, of a freehold within the commonwealth of the value of one thousand Konds; and unless he shall declare himself to be of the Christian reision.
3. Those persons who shall be qualified to vote for senators and representatives, within the several towns of this commonwealth, shall, at a setting to be called for that purpose, on the first Monday of April, ansually, 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 to assistance of the selectmen, shall, in open town meeting, sort and ount the votes, and form a list of the persons voted for, with the num* of votes for each person, against his name: and shall make a fair *cord of the same in the town books, and a public declaration thereof in the said meeting; and shall, in the presence of the inhabitants, seal to copies of the said lists, attested by him and the selectmen, and transfit the same to the sheriff of the county, thirty days at least before the as Wednesday in May: and the sheriff shall transmit the same to the orietary's office seventeen days at least before the said last Wednesday in May; or the selectmen may cause returns of the same to be made to the office of the secretary of the commonwealth, seventeen days at least before the said day; and the secretary shall lay the same before the onate and house of representatives on the last Woo. May, to be by them examined: and in case of an election by a majority of all the "ges returned, the choice shall be by them declared and published. But sno person shall have a majority of votes, the house of representatives *all, by brillot, elect two out of four persons, who had the highest numor of votes, if so many shall have been voted for : but, if otherwise, out of the number voted for ; and make return to the senate of the persons * elected; on which the senate shall, by ballot, elect one who shall be *lared governor.
4. The governor shall have authority from time to time, at his distotion, to assemble and call together the counsellors of this commonwealth for the time being ; and the governor, with the said counsellors, * five of them at least, shall, and may from time to time, hold and keep * council, for the ordering and directing the affairs of the commonwealth, *greeably to the constitution and laws of the land.
5. The governor, with the advice of countil, shall have full power and othority, during the session of the general court, to adjourn or prorogue the same, to any time the two houses shall desire; and to dissolve the ame on the day next preceding the last Wednesday in May, and in the *ress of the said court to prorogue the same, from time to time, not exoeding ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth shall require the same. And in case of any in*tious distemper prevailing in the place where the said court is next, * any time, to convene, or any cause happening, whereby danger may one to the health or lives of the members from their attendance, he my direct the session to be held at some other of the most convenient th:es within the state.
And the governor shall dissolve the said general court on the day n preceding the last Wednesday in May. 6. In cases of disagreement between the two houses with regard the necessity, expediency, or time of adjournment, or prorogation, governor, with advice of the council, shall have a right to adjourn prorogue the general court, not exceeding ninety days, as he shall termine, and the public good shall require. 7. The governor of this commonwealth, for the time being, shall commander-in-chief of the army and navy, and of all the military for of the state, by sea and land; and shall have full power, by himself, or any commander, or other officer or officers, from time to time, to tra instruct, exercise, and govern the militia and navy; and, for the spec defence and safety of the commonwealth, to assemble in martial arr and put in warlike posture, the inhabitants thereof; and to lead and c duct them, and with them to encounter, repel, resist, expel, and purs by force of arms, as well by sea as by land, within or without the lim of this commonwealth; and also to kill, slay, and destroy, if necessa ‘and conquer, by all fitting ways, enterprises, and means whatsoever, and every such person or persons, as shall at any time hereafter, i. hostile manner, attempt or enterprise the destruction, invasion, detrime or annoyance of this commonwealth ; and to use and exercise over army and navy, and over the militia in actual service, the law mart in time of war opathyasion, and also in time of rebellion, (declared the o as occasion shall necessarily require; and take and se, by all ways and means whatsoever, all and every si person or persons (with their ships, arms, ammunition, and goods) shall, in a hostile manner, invade, or attempt the invading, conqueri or annoying this commonwealth : and that the governor be instrus with all these and other powers incident to the offices of captain. neral, and commander-in-chief, and admiral, to be exercised agreea to the rules and regulations of the constitution, and the laws of the la and not otherwise. Provided, that the said governor shall not, at any time hereafter, virtue of any power by this constitution granted, or hereafter to granted to him by the legislature, transport any of the inhabitants this commonwealth, or oblige them to march out of the limits of same, without their free and voluntary consent, or the consent of general court; except so far as may be necessary to march or transp them by land or water, for the defence of such part of the state, to wh they cannot conveniently have access. 8. The power of pardoning offences, except such as persons may convicted of before the senate by an impeachment of the house, shal in the governor, by and with the advice of council; but no charter pardon, granted by the governor, with advice of the council, before c viction, shall avail the party pleading the same, notwithstanding general or particular expressions contained therein, descriptive of offence or offences intended to be pardoned. 9. All judicial officers, the attorney-general, the solicitor-general, sheriffs, coroners, and registers of probate, shall be nominated and pointed by the governor, by and with the advice and consent of * council; and every such nomination shall be made by the governor, made at least seven days prior to such appointment.
10. The captains and subalterns of the militia shall be elected by the written votes of the train band and alarm list of their respective companies, of twenty-one years of age and upwards. The field officers of regiments shall be elected by the written votes of the captains and subalterns of their respective regiments. The brigadiers shall be elected, in like manner, by the field officers of their respective brigades. And such officers, so elected, shall be commissioned by the governor, who shall determine their rank. The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected. " :The major-generals shall be appointed by the senate and house of re- presentatives, each having a negative upon the other; and be commissioned by the governor. And if the electors of brigadiers, field officers, captains, or subalterns, shall neglect or refuse to make such elections, after being duly notified according to the laws of the time being, then the governor with advice of touncil shall appoint suitable persons to fill such offices. And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the gowernor, 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 majorgenerals 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 confederation of the United States) it is provided that this commonwealth shall appoint, as also all officers of sorts 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. 11. No moneys shall be issued out of the treasury of this commonwealth, and be disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the paysent of interest arising thereon) but by warrant, under the hand of the rovernor for the time being, with the advice and consent of the council, for the necessary defence and support of the commonwealth, and for the protection and preservation of the inhabitants thereof, agreeably to the * and resolves of the general court. 12. All public boards, the commissary-general, all superintending ofrets of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, shall, care in every three months, officially, and without requisition, and at *her times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendaze, 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 particular as may be: wzether with the condition of such forts and garrisons. And the said commanding officer shall exhibit to the governor, when required by him,