of June, in the year one thousand eight hundred 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 year thereafter. In the census aforesaid, a special enumeration 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 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 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 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 absent members.] [See Amendments, Articles XXIV., XXXIII.]

ART. XXIII. [No person of foreign birth 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.] [See Amendments, Article XXVI.]

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.

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.

ART. XXVI. The twenty-third article of the articles of amendment of the constitution of this commonwealth, which is as follows, to wit: "No person of foreign birth 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 of the constitution of this commonwealth as relates to persons holding the office of president, professor, or instructor of Harvard College, is hereby annulled.

ART. XXVIII. No person having served in the army or navy of the United States in time of war, 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 non-payment of a poll tax. [See Amendments, Article XXXI.]

XXIX. The General Court shall have full power 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 elections for governor, lieutenant-governor, senators, and representatives, shall, by reason of a change of residence within the Commonwealth, be disqualified from voting for said officers in the city or town from which he has removed 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 XXVIII. No person having served in the army or navy of the United States at the time of war, and having been honorably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of receiving or having received aid from any city or town, or because of the nonpayment of a poll-tax.

ART. XXXII. So much of article three of the Amendments of the Constitution of the Commonwealth as is contained in the following words: "and who shall have paid, 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 mentioned," is hereby annulled.

ART. XXXIII. A majority of the members of each branch of the General Court shall constitute a quorum for 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 of chapter two of part second of the Constitution of the Commonwealth as is contained in the following words: "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 pounds," is hereby annulled.

ART. XXXV. So much of article two of section three 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, 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," 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.

[NOTE. Soon after the Declaration of Independence, steps were taken in Massachusetts towards framing a Constitution or Form of Government. The Council and House of Representatives, or the General Court of 1777-78, in accordance with a recommendation of the General Court, of the previous year, met together as a Convention, and adopted a form of Constitution" for the State of Massachusetts Bay," which was submitted to the people, and by them rejected. This attempt to form a Constitution having proved unsuccessful, the General Court on the 20th of February, 1779, passed a Resolve calling upon the qualified voters to give in their votes upon the questions - Whether they chose to have a new Constitution or Form of Government made, and, Whether they will empower their representatives to vote for calling a State Convention for that purpose. A large majority of the inhabitants having voted in the affirmative to both these questions, the General Court, on the 17th of June, 1779, passed a Resolve calling upon the inhabitants to meet and choose delegates to a Constitutional Convention, to be held at Cambridge, on the 1st of September, 1779. The Conven

tion met at time and place appointed, and organized by choosing James Bowdoin, President, and Samuel Barrett, Secretary. On the 11th of November the Convention adjourned, to meet at the Representatives' Chamber, in Boston, January 5th, 1780. On the 2d of March, of the same year, a form of Constitution having been agreed upon, a Resolve was passed by which the same was submitted to the people, and the Convention adjourned to meet at the Brattle Street Church, in Boston, June the 7th. At that time and place, the Convention again met, and appointed a Committee to examine the returns of votes from the several towns. On the 14th of June the Committee reported, and on the 15th the Convention resolved, "That the people of the State of Massachusetts Bay have accepted the Constitution as it stands, in the printed form submitted to their revision." A Resolve providing for carrying the new Constitution into effect was passed; and the Convention then, on the 16th of June, 1780, was finally dissolved. In accordance with the Resolves referred to, elections immediately took place in the several towns; and the first General Court of the COMMONWEALTH OF MASSACHUSETTS met at the State House, in Boston, on Wednesday, October 25th, 1780.

The Constitution contained a provision providing for taking, in 1795, the sense of the people as to the expediency or necessity of revising the original instrument. But no such revision was deemed necessary at that time. On the 16th of June, 1820, an Act was passed by the General Court, calling upon the people to meet in their several towns, and give in their votes upon the question, "Is it expedient that delegates should be chosen to meet in Convention for the purpose of revising or altering the Constitution of Government of this Commonwealth?" A large majority of the people of the State having voted in favor of revision, the Governor issued a proclamation announcing the fact, and calling upon the people to vote, in accordance with the provisions of the aforesaid Act, for delegates to the proposed Convention. The delegates met at the State House, in Boston, November 15, 1820, and organized by choosing John Adams, President, and Benjamin Pollard, Secretary. Mr. Adams, however, declined the appointment, and Isaac Parker was chosen in his stead. On the 9th of January, 1821, the Convention agreed to fourteen Articles of Amendment, and after passing a Resolve providing for submitting the same to the people, and appointing a committee to meet to count the votes upon the subject, was dissolved. The people voted on Monday, April 19th, 1821, and the Committee of the Convention met at the State House to count the votes, on Wednesday, May 24th. They made their return to the General Court; and at the request of the latter the Governor issued his proclamation on the 5th of June, 1821, announcing that nine of the fourteen Articles of Amendment had been adopted. These articles are numbered in the preceding pages from one to nine inclusive.