council. V. The resolutions and advice of the council shall be Register of recorded in a register and signed by the members present; and this record may be called for, at any time, by either house of the legislature; and any member of the council may insert his opinion, contrary to the resolution of the majority. cise the power VI. Whenever the office of the governor and lieutenant- Council to exergovernor shall be vacant by reason of death, absence, or of governor, in otherwise, then the council, or the major part of them, shall, case, &c. during such vacancy, have full power and authority, to do and execute, all and every such acts, matters and things, as the governor or the lieutenant-governor might, or could, by virtue of this constitution, do or execute, if they, or either of them, were personally present. until, &c. [VII. And whereas the elections appointed to be made by this consti- Elections may tution on the last Wednesday in May annually, by the two houses of the be adjourned legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same shall be completed. And the Order thereof. order of elections shall be as follows: the vacancies in the senate, if any, Amendments, shall first be filled up; the governor and lieutenant-governor shall then Arts. XVI. and be elected, provided there should be no choice of them by the people; XXV. and afterwards the two houses shall proceed to the election of the council.] CHAPTER II. SECTION IV. Secretary, Treasurer, Commissary, &c. by whom and See amend ART. I. [The secretary, treasurer and receiver-general, Secretary, &c.; and the commissary-general, notaries public and naval offi- how chosen. cers, shall be chosen annually, by joint ballot of the senators ments, Arts. and representatives, in one room.] And, that the citizens of IV. and XVII. this Commonwealth may be assured, from time to time, that Treasurer inelithe moneys remaining in the public treasury, upon the set- than five suctlement and liquidation of the public accounts, are their cessive years. property, no man shall be eligible as treasurer and receivergeneral more than five years successively. gible for more keep records; council, &c. II. The records of the Commonwealth shall be kept in Secretary to the office of the secretary, who may appoint his deputies, to attend the for whose conduct he shall be accountable; and he shall governor and attend the governor and council, the senate and house of representatives in person, or by his deputies, as they shall respectively require. cers to be ex Judicial officers during good be &c. May be remov Tenure of all ART. I. The tenure that all commission officers shall by commission offi- law have in their offices shall be expressed in their respective pressed commissions. All judicial officers, duly appointed, commisto hold office sioned and sworn, shall hold their offices during good behavior, except, havior, excepting such concerning whom there is different provision made in this constitution: provided, nevertheless, ed on address. the governor, with consent of the council, may remove them upon the address of both houses of the legislature. Justices of su- II. Each branch of the legislature, as well as the governor court to give and council, shall have authority to require. the opinions of opinions when the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions. preme judicial required. Justices of the peace; tenure III. In order that the people may not suffer from the of their office. long continuance in place of any justice of the peace, who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void in the term of seven years from their respective dates; and, upon the expiration of any commission, the same may, if necessary, be renewed, or another person appointed, as shall most conduce to the well being of the Commonwealth. Provisions for holding probate courts. IV. The judges of probate of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days, as the convenience of the people shall require; and the legislature shall, from time to time, hereafter, appoint such times and places; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct. . [V. All causes of marriage, divorce and alimony, and all appeals from the judges of probate, shall be heard and determined by the governor and council until the legislature shall, by law, make other provision.] Delegates to congress. CHAPTER IV. DELEGATES TO CONGRESS. [The delegates of this Commonwealth to the congress of the United States shall, some time in the month of June, annually, be elected by the joint ballot of the senate and house of representatives assembled together in one room; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have commissions under the hand of the governor, and the great seal of the Commonwealth; but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead.] lege. ART. I. Whereas our wise and pious ancestors, so early Harvard colas the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of GOD, been initiated in those arts and sciences which qualified them for public employments, both in church and state; and whereas the encouragement of arts and sciences, and all good literature, tends to the honor of Gop, the advantage of the Christian religion, and the great benefit of this and the other United States of America,-it is declared, that the Powers, priviPRESIDENT AND FELLOWS OF HARVARD COLLEGE, in their legerint corporate capacity, and their successors in that capacity, and fellows, their officers and servants, shall have, hold, use, exercise and enjoy, all the powers, authorities, rights, liberties, privileges, immunities and franchises, which they now have, or are entitled to have, hold, use, exercise and enjoy; and the same are hereby ratified and confirmed unto them, the said president and fellows of Harvard College, and to their successors, and to their officers and servants, respectively, forever. confirmed. vised. II. And whereas there have been, at sundry times, by Property dedivers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College in Cambridge, in New England, or to the president and fellows of Harvard College, or to the said college, by some other description, under several charters successively; it is declared, that all the said gifts, Gifts, grants grants, devises, legacies and conveyances, are hereby forever ances conconfirmed unto the president and fellows of Harvard College, and to their successors, in the capacity aforesaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devisor or devisors. and convey firmed. seers establish court of 1642. III. And whereas by an act of the general court of the Board of Overcolony of Massachusetts Bay, passed in the year one thou- ed by general sand six hundred and forty-two, the governor and deputygovernor, for the time being, and all the magistrates of that jurisdiction, were, with the president, and a number of the clergy in the said act described, constituted the overseers of Overseers established by constitution. Harvard College; and it being necessary, in this new constitution of government, to ascertain who shall be deemed successors to the said governor, deputy-governor, and magistrates; it is declared, that the governor, lieutenant-governor, council and senate of this Commonwealth, are, and shall be deemed, their successors; who, with the president of Harvard College, for the time being, together with the ministers of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury and Dorchester, mentioned in the said act, shall be, and hereby are, vested with all the powers and authority belonging, or in any way Power of alter- appertaining, to the overseers of Harvard College: provided, to the legisla that nothing herein shall be construed to prevent the legis lature of this Commonwealth from making such alterations in the government of the said university, as shall be conducive to its advantage, and the interest of the republic of letters, in as full a manner as might have been done by the legislature of the late Province of the Massachusetts Bay. ture. d Duty of legislatures and ma gistrates in all See CHAPTER V. SECTION II. The Encouragement of Literature, &c. Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties; and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people; it shall be the duty of legislatures and magistrates, in all future periods of this Commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools, and grammar schools in the towns; to encourage private societies, and public institutions, rewards and immunities, for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and a natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and frugality, honesty and punctuality in their dealings; sincerity, good humor, and all social affections, and generous sentiments, among the people. CHAPTER VI. OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLU- legislative offi ART. I. [Any person chosen governor, lieutenant-governor, councillor, Declaration of senator or representative, and accepting the trust, shall, before he proceed executive and to execute the duties of his place or office, make and subscribe the follow- cers. ing declaration, viz. : See amend "I, A. B., do declare, that I believe the Christian religion, and have a ments, Art. firm persuasion of its truth; and that I am seized and possessed, in my VII. own right, of the property required by the constitution, as one qualification for the office or place to which I am elected." And the governor, lieutenant-governor and councillors, shall make and subscribe the said declaration, in the presence of the two houses of assembly; and the senators and representatives, first elected under this constitution, before the president and five of the council of the former constitution; and forever afterwards, before the governor and council for the time being.] and oaths of all And every person chosen to either of the places or offices Declaration aforesaid, as also any person appointed or commissioned to officers. any judicial, executive, military or other office under the government, shall, before he enters on the discharge of the business of his place or office, take and subscribe the following declaration, and oaths or affirmations, viz. : [“I, A. B., do truly and sincerely acknowledge, profess, testify and See amenddeclare, that the Commonwealth of Massachusetts is, and of right ought to ments, Art. VI. be, a free, sovereign and independent State; and I do swear, that I will. bear true faith and allegiance to the said Commonwealth, and that I will defend the same against traitorous conspiracies and all hostile attempts whatsoever; and that I do renounce and abjure all allegiance, subjection and obedience to the king, queen or government of Great Britain, (as the case may be,) and every other foreign power whatsoever; and that no foreign prince, person, prelate, state or potentate, hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical or spiritual, within this Commonwealth; except the authority and power which is or may be vested by their constituents in the congress of the United States: and I do further testify and declare, that no man, or body of men, hath, or can have, any right to absolve or discharge me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgment, profession, testimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evasion or secret reservation whatsoever. So help me, GOD."] "I, A. B., do solemnly swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the |