Imagens das páginas

moved from office in such manner as the Legislature may by law prescribe.

5. In the election of captains and subalterns of the militia, all the members of their respective companies, as well those under as those above the age of twenty-one years, shall have a right to vote. .6. Instead of the oath of allegiance, prescribed by the Constitution, the following oath shall be taken and subscribed by every person chosen or appointed to any office, civil or military, under the government of this commonwealth, before he shall enter upon the duties of his office, to wit:

“I, A. B., do solemnly swear, that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the Constitution thereof. So help me God.”.

Provided, that when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirmation in the foregoing form, omitting the word “swear,” and inserting, instead thereof, the word “affirm," and omitting the words “so help me God," and subjoining, instead thereof, the words “this I do under the pains and penalties of perjury.”

. 7. No oath, declaration, or subscription, excepting the oath prescribed in the preceding article and the oath of office, shall be required of the Governor, Lieutenant-Governor, counselors, senators. or representatives, to qualify them to perform the duties of their respective offices.

8. No judge of any court of this commonwealth, (except the Court of Sessions,) and no person holding any office under the authority of the United States, (postmasters excepted,) shall, at the same time, hold the office of Governor, Lieutenant-Governor, or counselor, or have a seat in the Senate or House of Representatives of this commonwealth ; and no judge of any court of this commonwealth, (except the Court of Sessions,) nor the Attorney-General, Solicitor-General, county attorney, clerk of any court, sheriff, treasurer, and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office under the government of this commonwealth, the office of the justice of the peace and militia officers excepted.

9. If, at any time hereafter, any specific and particular amendment or amendments to the Constitution be proposed in the General Court, and agreed to by a majority of the senators, and twothirds of the members of the House of Representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the General Court then next to be chosen, and shall be published ; and if, in the General Court then


Article of Amendment adopted March 24, 1837, as the 12th Article

of the Constitution. In order to provide for a representation of the citizens of this · commonwealth, founded upon the principles of equality, a census of

the ratable polls in each city, town, and district of the commonwealth, on the first day of May, shall be taken and returned into the Secretary's office, in such manner as the Legislature shall provide, within the month of May, in the year of our Lord one thousand eight hundred and thirty-seven, and in every tenth year thereafter in the month of May, in manner aforesaid ; and each town or city having three hundred ratable polls at the last preceding decennial census of polls, may elect one representative, and for every four hundred and fifty ratable polls in addition to the first three hundred, one representative more.

Any town having less than three hundred ratable polls, shall be represented thus: the whole number of ratable polls, at the last preceding decennial census of polls, shall be multiplied by ten, and the product divided by three hundred, and such town may elect one representative as many years within ten years as three hundred is contained in the product aforesaid.

Any city or town having ratable polls enough to elect one or more representatives, with any number of polls beyond the necessary number, may be represented as to that surplus number by multiplying such surplus number by ten, and dividing the product by four hundred and fifty; and such city or town may elect one additional representative as many years within the ten years as four hundred and fifty is contained in the product aforesaid.

Any two or more of the several towns and districts may, by consent of a majority of the legal voters present at a legal meeting in each of said towns and districts respectively, called for that purpose and held previous to the first day of July, in the year in which the decennial census of polls shall be taken, form themselves into a representative district, to continue until the next decennial census of polls, for the election of a representative or representatives; and such district shall have all the rights, in regard to representation, which would belong to a town containing the same number of ratable polls.

« AnteriorContinuar »