Слике страница
PDF
ePub

See amend

ments, Art. VI.

Oaths and affirmations, how administered.

Plurality of offi-
cers prohibited
to governor,
&c., except,
&c.

See amendments, Art. VIII.

Same subject.

Incompatible offices.

See amendments, Art. VIII.

best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and the laws of the Commonwealth. So help me, GOD."

[Provided, always, that when any person, chosen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words, "I do swear," and abjure," "oath or,' ""and abjuration," in the first oath; and in the second oath, the words "swear and," and in each of them the words, " So help me, God;" subjoining instead thereof, "This I do under the pains and penalties of perjury."]

[ocr errors]
[ocr errors]

And the said oaths or affirmations shall be taken and subscribed by the governor, lieutenant-governor and councillors, before the president of the senate, in the presence of the two houses of assembly; and by 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 by the residue of the officers aforesaid, before such persons, and in such manner, as from time to time shall be prescribed by the legislature.

[ocr errors]

II. No governor, lieutenant-governor, or judge of the supreme judicial court, shall hold any other office or place, under the authority of this Commonwealth, except such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the offices of justices of the peace through the State; nor shall they hold any other place or office, or receive any pension or salary from any other State, or government or power, whatever.

No person shall be capable of holding or exercising at the same time, within this State, more than one of the following offices, viz. judge of probate-sheriff-register of probate

-or register of deeds; and never more than any two offices, which are to be held by appointment of the governor, or the governor and council, or the senate, or the house of representatives, or by the election of the people of the State at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person.

No person holding the office of judge of the supreme judicial court-secretary-attorney-general-[solicitor-general]-treasurer or receiver-general-judge of probatecommissary-general-president, professor or instructor of Harvard College-sheriff-clerk of the house of representatives-register of probate-register of deeds-clerk of the supreme judicial court-[clerk of the inferior court of common pleas]-or officer of the customs, including in this

description naval officers-shall at the same time have a seat in the senate or house of representatives; but their being chosen or appointed to, and accepting the same, shall operate as a resignation of their seat in the senate or house of representatives; and the place so vacated shall be filled

up.

And the same rule shall take place in case any judge of Same subject. the said supreme judicial court, or judge of probate, shall accept a seat in council; or any councillor shall accept of either of those offices or places.

qualification.

And no person shall ever be admitted to hold a seat in Bribery, &c., the legislature, or any office of trust or importance under operates dis the government of this Commonwealth, who shall in the due course of law, have been convicted of bribery or corruption, in obtaining an election or appointment.

ascertained.

III. In all cases where sums of money are mentioned in value of money this constitution, the value thereof shall be computed in Property qualisilver, at six shillings and eight pence per ounce; and it fications. shall be in the power of the legislature, from time to time, See amendto increase such qualifications, as to property, of the persons XIII. to be elected to offices, as the circumstances of the Commonwealth shall require.

ments, Art.

IV. All commissions shall be in the name of the Com- Provisions respecting commonwealth of Massachusetts, signed by the governor, and missions. attested by the secretary or his deputy, and have the great seal of the Commonwealth affixed thereto.

specting writs.

V. All writs, issuing out of the clerk's office in any of Provisions rethe courts of law, shall be in the name of the Commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue; they shall bear test of the first justice of the court to which they shall be returnable who is not a party, and be signed by the clerk of such court.

Continuation of former laws,

VI. All the laws, which have heretofore been adopted, fomination, used and approved, in the Province, Colony or State of except, &c. Massachusetts Bay, and usually practised on in the courts. of law, shall still remain and be in full force, until altered or repealed by the legislature; such parts only excepted as are repugnant to the rights and liberties contained in this constitution.

beas corpus se

VII. The privilege and benefit of the writ of habeas Benefit of hacorpus shall be enjoyed in this Commonwealth, in the most cured, except, free, easy, cheap, expeditious and ample manner; and shall &c. not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.

The enacting style.

Officers of for

mer govern

until, &c.

VIII. The enacting style, in making and passing all acts, statutes and laws, shall be "Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same.”

[IX. To the end there may be no failure of justice, or danger arise to ment continued the Commonwealth, from a change of the form of government, all officers, civil and military, holding commissions under the government and people of Massachusetts Bay, in New England, and all other officers of the said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise and enjoy all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective departments; and all the executive and legislative officers, bodies and powers, shall continue in full force, in the enjoyment and exercise of all their trusts, employments and authority, until the general court, and the supreme and executive officers under this constitution, are designated and invested with their respective trusts, powers and authority.

Provision for

tution. Amend

X. In order the more effectually to adhere to the principles of the revising consti- constitution, and to correct those violations which by any means may be ments, Art. IX. made therein, as well as to form such alterations as from experience shall be found necessary, the general court, which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments.

Same subject.

Provision for

preserving and

constitution.

And if it shall appear, by the returns made, that two-thirds of the qualified voters throughout the State, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention for the purpose aforesaid.

The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen.]

XI. This form of government shall be enrolled on parchpublishing this ment, and deposited in the secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this Commonwealth, in all future editions of the said laws.

[blocks in formation]

approved with

to become a

ture adjourn

ART. I. If any bill or resolve shall be objected to, and Bill, &c., not not approved by the governor; and if the general court shall in five days, not adjourn within five days after the same shall have been laid law, if legislabefore the governor for his approbation, and thereby prevent in the meanhis returning it with his objections, as provided by the con- time. stitution, such bill or resolve shall not become a law, nor have force as such.

empowered to

ART. II. The general court shall have full power and General court authority to erect and constitute municipal or city govern- charter cities. ments, in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings: provided, that no such government shall Proviso. be erected or constituted in any town not containing twelve thousand inhabitants; nor unless it be with the consent, and on the application, of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose; and provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court.

of voters for

nor, senators and represen

may tatives. 11 Pick. 538. ments, Arts. X., XXIII.

See amend

and XXVI.

ART. III. Every male citizen of twenty-one years of age Qualifications and upwards, (excepting paupers and persons under guar- governor, lieudianship,) who shall have resided within the Commonwealth tenant-goverone year, and within the town or district, in which he claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, or representatives, 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, shall have a right to vote in such election of governor, lieutentant-governor, sen-. ators and representatives; and no other person shall be entitled to vote in such elections.

Notaries public, how appointed and removed.

Vacancies in the offices of secretary and treasurer, how filled in case,

&c

See amend

ments, Art. XVII.

Commissarygeneral may

ART. IV. Notaries public shall be appointed by the governor, in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature.

[In case the office of secretary or treasurer of the Commonwealth shall become vacant from any cause, during the recess of the general court, the governor, with the advice and consent of the council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court ]

Whenever the exigencies of the Commonwealth shall be appointed, require the appointment of a commissary-general, he shall be nominated, appointed and commissioned, in such manner as the legislature may, by law, prescribe.

in case, &c.

Militia officers, how removed.

Who may vote

All officers commissioned to command in the militia, may be removed from office in such manner as the legislature may, by law, prescribe.

ART. V. In the elections of captains and subalterns of for captains and 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.

Oath to be taken by all officers.

Proviso: Quaker may affirm.

Tests abolished.

ART. VI. 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 on the duties of his office, to wit:

66

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."

66

ART. VII. No oath, declaration or subscription, excepting the oath prescribed in the preceding article, and the oath of office, shall be required of the governor, lieutenantgovernor, councillors, senators or representatives, to qualify them to perform the duties of their respective offices.

« ПретходнаНастави »