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basis of appor tiopment of senators.

Senate to con..

Senatorial

See amend. ments, Art. XXIV.

of senators.

returned into the office of the secretary of the commonwealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one

thousand eight hundred and sixty-five, and of every tenth Voters to be year thereafter. In the census aforesaid, a special enu

meration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of senators for the periods between the taking of the

census. The senate shall consist of forty members. The sist of forty members. 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, districts, etc.

as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid : provided, however, that no town or ward of a city shall be divided therefor; and such districts shall be formed, as nearly as may be,

without uniting two counties, or parts of two or more Qualifications counties, into one district. Each district shall elect one

senator, who shall have been an inhabitant of this commonwealth five years at least immediately preceding his election, and at the time of his election shall be an inbabitant of the district for which he is chosen ; and he shall

cease to represent such senatorial district when he shall Quorum, see cease to be an inhabitant of the commonwealth. Art. XXXIII. than sixteen senators shall constitute a quorum for doing

business ; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.]

ART. XXIII. [No person of foreign birth shall be enquired of natu: titled to vote, or shall be eligible to office, unless he shall to entitle to suf have resided within the jurisdiction of the United States eligible to office. for two years subsequent to his naturalization, and shall

be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the

temporary absence of the parent therefrom.] Vacancies in the

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.

[Not less

amendments,

Residence of two years re

This article annulled by Art. XXVI.

senate.

council.

Art. XXV. In case of a vacancy in the council, from Vacancies in the a failure of election, or other cause, the senate and house of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy 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 fill the same by appointment of some eligible person.

ART. XXVI. The twenty-third article of the articles Twenty-third of amendment of the constitution of this commonwealth, amendments which is as follows, to wit: “No person of foreign birth annulled. 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 : provided, that this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom,” is hereby wholly annulled.

Art. XXVII. So much of article two of chapter six Provisions of of the constitution of this commonwealth as relates to per- VI., relating to sons holding the office of president, professor, or instructor vard College, of Harvard College, is hereby annulled.

ART. XXVIII. No person having served in the army Superseded by or navy of the United States in time of war, and having been honorably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of being a pauper; or, if a pauper, because of the nonpayment 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 meeting within the limits of each town for the election of officers 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 diselections for governor, lieutenant-governor, senators, and qualified by representatives, shall, by reason of a change of residence change of resi within the commonwealth, be disqualified from voting for months from said officers in the city or town from which he has removed

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annulled.

Art. XXXI.

cincts in towns. Amendments, Art. XXVIII. amended.

time of removal.

served in army or navy, etc.,

non-payment of

Provisions of

tive to payment of a tax as a

his residence, until the expiration of six calendar months from the time of such removal.

Art. XXXI. Article twenty-eight of the amendments of the constitution is hereby amended by striking out in the fourth line thereof the words " being a pauper", and inserting in place thereof the words :— receiving or having received aid from any city or town,—and also by striking out in said fourth line the words “ if a pauper”, so that

the article as amended shall read as follows: ARTICLE Person who

XXVIII. No person having served in the army or navy

of the United States in time of war, and having been honnot disqualified from voting for orably discharged from such service, if otherwise qualified poll tax. 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 amendamendments, Art, III., rela- ments of the constitution of the commonwealth as is con

tained in the following words : “and who shall have paid, voting qualifica. tion, annulled. by himself, or his parent, master, or guardian, any state or

county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this commonwealth ; and also every citizen who shall be, by law, exempted from taxation, and who shall be, in all other respects, qualified as above men

tioned”, is hereby annulled. Quorum, in each

Art. XXXIII. A majority of the members of each general court, branch of the general court shall constitute a quorum for majority of 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 constitution inconsistent with the provisions herein contained are hereby annulled.

ART. XXXIV. So much of article two of section one Art. II., $ I., Chap.ii; Part of chapter two of part the second of the constitution of property quali the commonwealth as is contained in the following words :

"and unless he shall at the same time be seised, in his own right, of a freehold, within the commonwealth, of the value of one thousand pounds”; is hereby annulled.

ART. XXXV. So much of article two of section three Art. II., $ III., Chap. I., rela' of chapter one of the constitution of the commonwealth

as is contained in the following words : “ The expenses of

travelling to the general assembly, and returning home, house, annulled.

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 judg

once in

branch of the

to consist of a

members.

Provisions of

fication of governor, annulled.

Provisions of

tive to expense of travelling to the general assembly by members of the

ment of the house, and does not depart without leave”, is hereby annulled.

ART. XXXVI. So much of article nineteen of the articles of amendment to the constitution of the commonwealth as is contained in the following words : “commissioners 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 June. 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 affirmative. When the convention assembled, it was found that the constitution had been adopted by the requisite number of votes, and the convention 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 Boston, 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 1830–31, respectively, and was approved and ratified by the people May 11, 1831.

The eleventh Article was adopted by the legislatures of the political years 1832 and 1833, respectively, and was approved and ratified by the people November 11, 1833.

The twelfth Article was adopted by the legislatures of the political years 1835 and 1836, respectively, and was approved and ratified by the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the political years 1839 and 1840, respectively, and was approved and ratified by the people the sixth day of 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 years 1856 and 1857, respectively, and ratified by the people on the first day of May, 1857. 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 May, 1859, and was repealed by the twenty-sixth Amendment.

The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the political years 1859 and 1860, and ratified by the people on the seventh day of May, 1860.

The twenty-sixth Article 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.

The twenty-eighth Article was adopted by the legislatures of the political years 1880 and 1881, and was approved and ratified by the people on the eighth day of November, 1881.

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 legislatures 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 the political years 1892 and 1893, and was approved and ratified by the people on the seventh day of November, 1893.

The thirty-sixth Article was adopted by the legislatures of the political years 1893 and 1894, and was approved and ratified by the people on the sixth day of November, 1894.

[A proposed Article of Amendment, prohibiting the manufacture and sale of Intoxicating Liquor as a beverage, adopted by the legislatures of the political years 1888 and 1889, was rejected by the people on the twenty-second day of April, 1889.]

[Proposed Articles of Amendment, (1) Establishing biennial elections of state officers, and (2) Establishing biennial elections of members of the General Court, adopted by the legislatures of the political years 1895 and 1896, were rejected by the people at the annual election held on the third day of November, 1896.]

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