The constitution is preceded by a preamble, which

states the object of government, and the

Preamble.

Bill of Rights.

nature and duties of the body politic. It declares that government is for the people, and should therefore be by the people. This preamble is followed by a very complete declaration of rights. Starting with the assertion that "all men are born free and equal," it declares the right of self-government; the accountability of officers to the people; the right to freedom in electing and being elected; the right of personal protection; freedom from taxation without consent of people; the right to free, complete, and prompt justice; to trial by jury, and in the vicinity where the subject events happen; to security from unreasonable search and seizure of person and papers; liberty of the press; liberty to keep and bear arms for the common defence; subordination of military to civil authority; the right of the people peaceably to assemble, and to petition the legislature; freedom of speech in the legislature; freedom from excessive bail and fines, and from cruel and unusual punishments; exemption from quartering soldiers, and from martial law. It is also declared that judges should hold office during good behavior, and that the departments of government should be distinct, "to the end it may be a government of laws, and not of men."

It will be observed that these rights are the same that had been asserted by Magna Charta, by the Petition of Right, and by the Bill of Rights signed by William and Mary. They had been contended for by Englishmen during six hundred years, and by the American colonists for a century and a half.

The second part of the constitution treats of the

frame of government. It declares the name of the body politic to be, the Commonwealth of Massachusetts.

General Court

and its Branches.

THE LEGISLATIVE DEPARTMENT.

The legislative department retains the name by which it has been known from the days of the company charter. It is still called the General Court, and consists of a Senate and House of Representatives. It is invested with full powers to constitute courts of justice, to enact laws, to provide for the election and appointment of officers whose election is not provided for in the constitution, and to prescribe their duties, and to levy taxes.

Powers.

Senate, Members of.

The Senate consists of forty members. Each member must have been an inhabitant of the Commonwealth for five years, at least, immediately preceding his election, and at the time of his election must be an inhabitant of the district for which he is chosen. If he cease to be an inhabitant of the State, he ceases to be a senator.

Districts.

In every tenth year from 1865, a census is to be taken of the inhabitants and voters in each city and town in the State. The General Court, at its first session after the census, divides the State into forty districts of adjacent territory in such a way that they contain as nearly as possible an equal number of voters, yet without dividing a town, or ward of a city, or uniting parts of two counties in one district. Each district elects one senator.

A vacancy in the senate is filled by election by the people of the district, upon the order of a majority of the senators elected.

Vacancies.

A quorum for doing business consists of not less than sixteen members, though a less number may organize temporarily, adjourn from

Quorum.

day to day, and compel the attendance of absent members.

The house of representatives consists of two hundred and forty members. Each must have been

an inhabitant of the district which he

House of Repre

rep- sentatives. Members of.

resents for at least one year next preceding

his election, and ceases to represent the district if he ceases to be an inhabitant of the Commonwealth.

Districts

At the first session of the legislature after the census, the representatives are apportioned to the counties according to the number of voters in each. Then the county commissioners, or a special board chosen for the purpose, divide the county into districts, without dividing any town, or ward of a city. These districts elect a number of representatives according to the number of voters they contain; but no district elects more than three. Thus the number of districts is not the same as the number of representatives.

When a vacancy occurs in the representation of any district, the Speaker of the house orders a

new election by the people at a specified time.

Vacancies.

A quorum consists of not less than a hundred members; but a less number may meet as in

the senate.

Quorum.

Each house is the final judge of the election and qualification of its own members: that Privileges of is, if a question arises between two or each House. more persons as to which is legally elected to either house, the members of that house, after proper investi

gation, decide between them; and this decision is final.

Each house chooses its own officers, and establishes its own rules of proceeding. It may also punish, by imprisonment not exceeding thirty days, any person, not a member, who is guilty of disrespect to the house by disorderly conduct, or by refusing to testify before its committees.

Each house may adjourn for a 'period not exceeding two days.

The members of the houses are free from arrest while going to, returning from, and attending the sessions of the court.

The house of representatives originates all money bills; but the senate may propose or Money Bills. concur in amendments as on other bills. This provision was copied from the English constitution, which gives to the house of commons the exclusive right to legislate respecting revenue. The house of lords may not even amend. Money bills are those which provide for raising money by taxation, or for expending it for the usual purposes or in special cases. The Constitution provides that the General Court shall assemble every year on the first Wednesday Organization of House of Repre- of January. Previous to that time, cersentatives. tificates have been given to the members elected to the house, and duplicates sent to the secretary of the Commonwealth. Between ten and twelve o'clock on the appointed day, the men elect gather in the representatives' hall, and are called to order by the eldest senior member present, who presides until a speaker is chosen. By the eldest senior member is meant the person whose membership dates

Calling to Order.

farthest back. Thus in the legislature of 1875, if there is a person who was a member in 1845, and no one who was a member before that date, he calls the house to order. The certificates are then collected and examined; and, if a quorum is found to be present, the governor is notified of the fact, and that the members are ready to be qualified; that is, to take the required oaths. The governor with his council then appears, and administers the following oaths to each mem

Oaths.

The Oath of Allegiance."I 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."

The Oath of Office."I

do solemnly swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me as representative, according to the best of my abilities and understanding, agreeably to the rules and regulations of the Constitution, and laws of this Commonwealth. So help me God."

The Oath of Allegiance to the United States. —"I

do solemnly swear that I will support the Constitu

tion of the United States. So help me God."

Each member takes and subscribes the foregoing oaths. Some members, having conscientious scruples against oaths, make affirmation to the same pledges.

Officers.

After being duly qualified, the members of the house proceed to choose by ballot one of their number as a presiding officer, called the Speaker. This name is borrowed from the British Parliament. They next choose by ballot a clerk, who is not a member, and whose duties are, to keep the