of 40 members. Senatorial districts, &c. Proviso. Senate to consist between the taking of the census. The senate shall consist of forty members. The general court shall, at its first session after each next preceding special enumeration, divide the Commonwealth into forty districts of adjacent territory, each district to contain, 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 Qualifications of two or more 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 inhabitant of the district for which he is chosen; and he shall cease to represent such senatorial district when he shall Sixteen members cease to be an inhabitant of the Commonwealth. Not less 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 senators. & quorum. Residence of two years required of absent members. ART. XXIII. No person of foreign birth shall be entitled naturalized citi- to vote, or shall be eligible to office unless he shall have zen, to entitle to resided within the jurisdiction of the United States for two eligible to office. years subsequent to his naturalization, and shall be otherwise suffrage or make senate. 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 senators elected. Vacancies in the council. ART. XXV. In case of a vacancy in the council, from 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. [NOTE.-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, 178), when the convention adjourned to meet on the first Wednesday of the ensuing June. In the meantime 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 approved and ratified April 9, 1821. The tenth Article of Amendment 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 of Amendment 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 of Amendment 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 of Amendment 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 of Amendment 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 of Amendment 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 of Amendment 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. The twenty-fourth and twenty-fifth Articles of Amendment were adopted by the legislatures of the political years 1859 and 1860, respectively, and ratified by the people on the seventh day of May, 1860.] INDEX TO THE CONSTITUTION. A. Adjutant-General, how appointed, Adjutants of Regiments, how appointed, Agriculture, Arts, Commerce, &c., encouragement of, Armies, Standing, should not be maintained without consent of Legis- Arms, Right of People to keep and bear, Articles of Amendment, Attorney-General, how appointed, VII VII XX XL, XLI XLI XLI XLII XL, XLI XLI XLI B. Bail and Sureties, Excessive, not to be demanded, Bills and Resolves, to be laid before the Governor for revisal, Bills, Money, to originate, in the House of Representatives, XVI Body Politic, how formed, and nature of, III Bribery or Corruption in obtaining an Election, to disqualify for Office, XI Civil and Military Officers, duties of, to be prescribed by Legislature, Commerce, Manufactures, Arts, &c., encouragement of, Commission Officers, Tenure of Office to be expressed in Commis- 66 may be recalled, and others commissioned, 66 Revision of in 1795, provided for, XXXI to be enrolled, deposited in Secretary's Office, and printed Coroners, how appointed, Corruption. See Bribery. XXXII XX Council, and the manner of settling Elections by the Legislature, Court, Superior, Judges of, prohibited from holding other Offices, Courts and Judicatories, may administer Oaths and Affirmations, 66. 66 of Probate. See Probate. VIII, XXI, XXII Χ XLII XXIII XXIII XL of Record and Judicatories, the General Court may establish, X VI, VII VIII IV XXV XXV |