Christian religion,] and, for one year at least, next preceding his election, shall have been an inhabitant of, and have been seised in his own right of a freehold of the value of one hundred

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 years thereafter, by the governor and council, and the 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 aforesaid; and when the number of representatives, to be elected by each city, town, or representative district, is ascertained and determined, as aforesaid, the governor shall cause the same to be published forthwith for the information of the people, and that number shall remain fixed and unalterable for the period of ten years.

"All the provisions of the existing constitution, inconsistent with the provisions herein contained, are hereby wholly annulled."

This amendment had not been in operation a year, before it was discovered to be open to serious objections. Whilst it did not effectively remedy the serious evil of excess in the representation, the apportionment of it among the fractions created an extraordinary practical inequality. A new effort was made to remedy this, in connection with a radical change of the basis upon which the whole system originally rested, from polls or taxation, to population or numbers. This resulted, in 1840, in the modification of the basis of the senate, which has already been noticed under the proper head, and in the following article, which now constitutes the rule of representation in the lower house:

"Art. 13. A census of the inhabitants of each city and town, on the first day of May, shall be taken, and returned into the secretary's office, on or before the last day of June of the year one thousand eight hundred and forty, and of every tenth year thereafter, which census shall determine the apportionment of senators and representatives for the term of ten years.

"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 representative; 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 inhabitants, shall be entitled to elect a representative as many times within ten years, as the number one hundred and sixty is contained in the number of the inhabitants of said town. Such towns may also elect one representative for the year in which the valuation of estates within the commonwealth 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 meeting 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 representative district, to continue for the term of ten years; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of inhabitants.

"The number of inhabitants which shall entitle a town to elect one representative, and the mean increasing number, 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 numbers above-mentioned, whenever pounds, within the town [or towns] he shall be chosen to represent; 1 and he shall cease to represent the said town [or towns] immediately on his ceasing to be a freeholder within the same.2

IV. Every male person, being twenty-one years of age, and resident in any particular town in this commonwealth for the space of one year next preceding, having a freehold estate within the same town, of the annual income of three pounds, or other 3 estate [real or personal or mixt] of the value of sixty pounds, shall have a right to vote in the choice of a representative or representatives for the said town, [or for the towns united as aforesaid.] +

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 council shall, before the first day of September, apportion the number of representatives which each city, town, and representative district is entitled to elect, and ascertain how many years within ten years, any town may elect a representative, which is not entitled to elect one every year; and the governor shall cause the same to be published forthwith."

The practical effect of the last amendment is to give a great preponderance to the power of the large towns, whilst the right of representation of the small ones is liable to be cut off at moments when it might be most for their interest that they should enjoy it. These disadvantages are not balanced by the slight relative inequality in their favor of the ratio of representation. This is one of the instances that can be quoted in modern times, (the Reform Bill in Great Britain is another,) in which an apparent concession to the popular principle has shown a practical movement in an opposite direction. The change of the basis, from property to population, has really promoted the influence of property. It may reasonably be doubted, whether any change yet made from the article as it originally stood in the constitution has been an improvement, although some change was made indispensable by the progress of the population.

1 " or any ratable estate to the value of two hundred pounds;" 2 "qualified as aforesaid."

By the last or thirteenth amendment of the constitution, adopted in 1840, it is provided: "That no possession of a freehold, or of any other estate, shall be required as a qualification for holding a seat in either branch of the general court, or in the executive council."

V. The members of the house of representatives shall be chosen annually in the month of May, ten days at least before the last Wednesday of that month, [from among the wisest, most prudent, and virtuous of the freeholders.]

VI. The house of representatives shall be the grand inquest of this commonwealth; and all impeachments made by them shall be heard and tried by the senate.

VII. All money-bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.

VIIL The house of representatives shall have power to adjourn themselves; provided such adjournment shall not exceed two days at a time.

IX. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.

X. The house of representatives shall 1 choose their own speaker, appoint their own officers, and settle the rules and orders of proceeding in their own house. They shall have authority to punish, by imprisonment, every person 2 who shall be guilty of disrespect to the house, in its presence, by any disorderly or contemptuous behavior; or by threatening or ill-treating any of its members; or, in a word, by obstructing its deliberations; every person guilty of a breach of its privileges, in making arrests for debts, or by assaulting one of its members during his attendance at any session, or on the road, whether he be going to the house or returning home; in assaulting any one of its officers, or in disturbing him in the execution of any order or procedure of the house; in assaulting or troubling any witness or other person ordered to attend the house, in his way in going or returning, or in rescuing any person arrested by order of the house.1

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 imprisonment 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.2

CHAPTER II. [III.]
Executive Power.

SECTION I.
Governor.

ART. I. THERE shall be a supreme executive magistrate, who shall be styled, THE GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS, and whose title shall be, HIS EXCELLENCY.

II. The governor shall be chosen annually; and no person shall be eligible to this office unless, at the time of his election, he shall have been an inhabitant of this commonwealth for seven years next preceding; and unless he shall at the same time be seised in his own right of a freehold within the commonwealth, of the value of one thousand pounds; and unless he shall 3 be of the Christian religion.

III. Those persons who shall be qualified to vote for senators and representatives within the several towns of this commonwealth, shall, at a meeting to be called for that purpose, on the first Monday of April annually, give in their votes for a governor, to the selectmen, who shall preside at such meetings; and the town clerk, in the presence and with the assistance of the selectmen, shall in open town meeting sort and count the votes, and form 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 declaration thereof in the said meeting; and shall, in the presence 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; or shall1 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, who shall lay the same before the senate and the house of representatives, on the last Wednesday in May, to be by them examined; and, in case of an election by a majority of votes through the commonwealth, the choice shall be by them declared and published. But if no person shall have a majority of votes, the house of representatives shall, by ballot, elect two out of four persons who had the highest number 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 two persons so elected, on which the senate shall proceed, by ballot, to elect one, who shall be declared governor.

[IV.] [*] (Transposed.)

IV. [V.] The governor shall have authority, from time to time, at his discretion, to assemble and call together the counsellors of this commonwealth, for the time being; and the governor, with