III. [II.] The general court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be held in the name of the commonwealth, for the hearing, trying, and determining of all manner of crimes, offences, pleas, processes, 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

same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and, if approved by two thirds of the members present, shall have the force of a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the said bill or resolve, shall be entered upon the public records of the commonwealth.

And in order to prevent unnecessary delays, if any bill or resolve shall not be returned by the governor within five days after it shall have been presented, the same shall have the force of a law.

Extract from the Journal of the Convention.

"The paragraph from the report of the general committee, - namely, 'That the first magistrate shall have a negative upon all laws, that he may have power to preserve the independence of the executive and judicial departments,' - on a motion made and seconded, was then put, and passed in the negative; thirtytwo in seventy-six. (Ayes 32, nays 44.) "

At a subsequent period, the subject came up again, on the report of a commitee to whom the article had been referred,

"When it was moved and seconded, that the report be amended by introducing the following words; namely,

"That the governor of this commonwealth have a negative upon all the laws, except those which shall be made and passed for the military defence of the State; and that he have a revision on those, to be conducted by the rules hereafter prescribed.'

"Which being largely debated, when the question was put, the same was determined in the negative; twenty in seventy-three."

The decline in importance of the State governments, by the subsequent withdrawal of the power over the most material of the public interests into the national sphere, has rendered this question one of inferior interest in Massachusetts. But it is yet agitated in the federal system, and bids fair to continue unsolved for some time to come. Although cheerfully acquiescing in the alteration at the time, the abstract opinion of Mr. Adams, of the absolute necessity of this power to the maintenance of the executive independence, remained unchanged to the last.

In order that the period of five days conceded to the governor for consideration should not be cut off by the delay of the legislature to pass a measure until just before its adjournment, the convention of 1820 proposed, and the people ratified, the following amendment, which now stands as part of the constitution:

ART. I. If any bill or resolve shall be objected to, and not approved by the governor, and if the general court shall adjourn within five days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it, with his objections, as provided by the constitution, such bill or resolve shall not become a law, nor have force as such.

whether the said pleas be real, personal or mixt; and for the awarding and making out of execution thereupon. To which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.

IV. [III.] And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, either with penalties or without; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same, and for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within the said commonwealth, [such officers excepted] the election and constitution of whom are not hereafter in this Form of Government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this commonwealth, and the forms of such oaths 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 this constitution; [and also to impose fines, mulcts, imprisonments, and other punishments ;] and to impose and levy proportional and reasonable assessments, rates, and taxes, upon [the persons of] all the inhabitants of, and 2 within the said commonwealth, [and upon all estates within the same,]

1

3to 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 support 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

1 "or affirmations"

2 "persons resident, and estates lying," 3 "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;"

*

within the same [and to dispose of matters and things whereby they may be religiously, peaceably, and civilly governed, protected, and defended.]

And that public1 assessments may be made with equality, there shall be a valuation of estates within the commonwealth taken anew once in every ten years at [the] least,2

SECTION II.

Senate.

[3]

I. THERE shall be annually elected by the freeholders and other inhabitants of this commonwealth, qualified as in this constitution is provided, forty persons, to be counsellors and senators for the year ensuing their election, to be chosen [in and] by 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 proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the number of counsellors and senators to be chosen therein; provided that the number of such districts shall be never more than sixteen, nor less than ten.1

And the several counties in this commonwealth shall, until the general court shall determine it necessary to alter said districts, be districts for the choice of counsellors and senators (except that the counties of Dukes County and Nantucket shall form one district for that purpose,) and shall elect the following number

for counsellors and senators, namely,

II. The senate shall be the first branch of the legislature; and the senators shall be chosen in the following manner, namely, There shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of all the towns3 in the several counties of this commonwealth, to be called by the selectmen, and warned in due course of law, at least seven days before the first Monday in April, for the purpose of electing persons to be senators and counsellors. And at such meetings every male person of twenty-one years of age and upwards, resident in such towns one year next preceding the annual election of senators, having a freehold estate within the commonwealth of the annual income of three pounds, or other real or personal estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district.

The selectmen of the several towns shall preside at such meetings, and shall be under oath, as well as the town-clerk, to preside impartially, according to their best skill and judgment; and to make a just and true return.

The selectmen shall receive the votes of all the inhabitants of such towns, qualified to vote for senators, and shall sort and count them in open town meeting, and in presence of the townclerk, who shall make a fair record, in presence of the selectmen, 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 the selectmen and the town-clerk, and shall be sealed up, directed to the secretary of the commonwealth, for the time being, with a superscription, expressing the purport of the contents thereof, and delivered by the town-clerk of such towns to the sheriff of the county in which such town lies, thirty days at least before the last Wednesday in May, annually; or it shall be delivered into the secretary's office seventeen days at least before the said last Wednesday in May; and the sheriff of each county shall deliver all such certificates by him received into the secretary's office, seventeen days before the said last Wednesday in May.

And the inhabitants of plantations unincorporated, qualified as this constitution provides, who are or shall be empowered and required to assess taxes upon themselves toward the support of government, shall have the same privilege of voting for counsellors and senators in the plantations where they reside, as town inhabitants have in their respective towns; and the plantation meetings 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 electors, collecting and returning the votes, as the selectmen and town-clerks have in their several towns by this constitution. And all other persons

1 "having a freehold estate within the commonwealth, of the annual income of three pounds, or any estate of the value of sixty pounds, shall have a right to give in his vote for the senators for the district of which he is an inhabitant. And, to remove all doubts concerning the meaning of the word 'inhabitant' in this constitution, every person shall be considered as an inhabitant, for the purpose of electing and being elected into any office or place within this state, in that town, district, or plantation, where he dwelleth or hath his home.

"The selectmen of the several towns shall preside at such meetings impartially; and shall receive the votes of all the inhabitants of such towns present, and" The qualification of voters was altered by the convention of 1820, in the manner pointed out in the note to the fourth article of the third section. See p. 243.