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of the govenor.

hibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors, adjacent.

And the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively.

XIII. As the public good requires that the governor Salary of should not be under the undue influence of

any members of the general court by a dependence on them for his support, that he should in all cases act with freedom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his private concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magistrate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws : and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly.

Permanent and honorable salaries shall also be estab- Salaries of jus. lished by law for the justices of the supreme judicial court. judical court.

And if it shall be found that any of the salaries afore- Salaries to be said, so established, are insufficient, they shall, from time andarved it. to time, be enlarged, as the general court shall judge proper.

tices of supreme

CHAPTER II.

SECTION II.

Lieutenant-Governor. ARTICLE I. There shall be annually elected a lieuten- Lieutenant ant-governor of the commonwealth of Massachusetts, like and qualifi. whose title shall be - His Honor; and who shall be catons. The qualified, in point of [religion,] property, and residence a declaration of in the commonwealth, in the same manner with the

govcrnor; and the day and manner of his election, and the abolished by qualifications of the electors, shall be the same as are Art. vir. required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner; [and if no one person shall How chosen. be found to have a majority of all the votes returned, the Election by

plurality pro vacancy shall be filled by the senate and house of repre

christian religion was

vided for by amendments, Art. XIV.

council.

governor a member of, except, etc.

Lieutenant. governor to be

sentatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the

votes of the people to be governor.] President of II. The governor, and in his absence the lieutenantLieutenant. governor, shall be president of the council, but shall have

no vote in council; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant.

III. Whenever the chair of the governor shall be acting yovernor, vacant, by reason of his death, or absence from the com

monwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present.

in case, etc.

CHAPTER II.

SECTION III.

Council.
Number of
councillors
changed to
eight.
See amend.
ments, Art.
XVI.

Council, and the Manner of settling Elections by the Legis

lature. ARTICLE I. There shall be a council for advising the governor in the executive part of the government, to consist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together; and the governor, with the said councillors, or five of them at least, shall and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, accord

ing to the laws of the land. Number; from

II. [Nine councillors shall be annually chosen from

among the persons returned for councillors and senators, amendinenie, on the last Wednesday in May, by the joint ballot of

the senators and representatives assembled in one room ; Superseded by and in case there shall not be found upon the first choice, amendments, Art. XVI. the whole number of nine persons who will accept a seat

in the council, the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of senators left shall constitute the senate for the year.

The seats of the persons thus elected from lors, their rents the senate, and accepting the trust, shall be vacated in the

senate.]

whom, and how chosen, Modified by

Arte. X and
XIII.

If senators be. come council.

to be vacated.

councillors.

have more than (wo.

council.

III. The councillors, in the civil arrangements of the Rank of commonwealth, shall have rank next after the lieutenantgovernor.

IV. [Not more than two councillors shall be chosen No district to out of any one district of this commonwealth.]

Superseded by amendments, Art. XVI. 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.

VI. Whenever the office of the governor and lieuten- Council to exer. ant-governor shall be vacant, by reason of death, absence, cise the power or otherwise, then the council, or the major part of them, case, etc. shall, 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.

VII. [And whereas the elections appointed to be made, Elections may by this constitution, on the last Wednesday in May annu- until, ete. ally, by the two houses of the 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 Order thereof. the order of elections shall be as follows: the vacancies in amendments, the senate, if any, shall first be filled up; the governor *xv. and lieutenant-governor shall then be elected, provided there should be no choice of them by the people; and afterwards the two houses shall proceed to the election of the council.]

Arts. XVI. and

CHAPTER II.

SECTION IV. Secretary, Treasurer, Commissary, etc. ARTICLE I. [The secretary, treasurer and receiver- Secretary, etc., general, and the commissary-general, notaries public, and] how choren. naval officers, shall be chosen annually, by joint ballot of for provision as the senators and representatives in one room. And, that secretary, treas. the citizens of this commonwealth may be assured, from ceiver-general, time to time, that the moneys remaining in the public attorney-gentreasury, upon the settlement and liquidation of the pub- frantsecamend. lic accounts, are their property, no man shall be eligible XVII.

urer, and re.

Treasurer in. eligible for more than five buccessive years.

Secretary to kecp records; to attend the governor and council, etc.

as treasurer and receiver-general more than five years suc-
cessively.
For provision as to appointment of notaries public and the commissary.general, sce

amendments, Årt. IV.
II. The records of the commonwealth shall be kept in
the office of the secretary, who may appoint his deputies,
for whose conduct he shall be accountable; and he shall
attend the governor and council, the senate and house of
representatives, in person, or by his deputies, as they shall
respectively require.

CHAPTER III.

JUDICIARY POWER.

Tenure of all commissioned oflicers to be expressed

to hold office

behavior, ex-
cept, etc.
But may be
removen on
address.

Justiccs of su-
preme judicial
required.
122 Mass. 600.
126 Mans. 537,
561.

Justices of the peace; tenure

ARTICLE I. The tenure, that all commission officers

shall by law have in their offices, shall be expressed in Judicial odlicers their respective commissions. All judicial officers, duly during good appointed, commissioned, and sworn, shall hold their offices

during good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.

II. Each branch of the legislature, as well as the opinions the governor and council, shall have authority to require the

opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.

III. In order that the people may not suffer from the sf Choir oflice. 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.

IV. The judges of probate of wills, and for granting letters of administration, sball 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.

Provisions for
holding probate
courts.
12 Gray, 147.

divorce, and ali.

V. All causes of marriage, divorce, and alimony, and Marriage, all appeals from the judges of probate, shall be heard and mony. determined by the governor and council, until the legis- visions made lature shall, by law, make other provision.

by law.
105 Mass. 327.
116 Maks. 317.

CHAPTER IV.

DELEGATES TO CONGRESS. [The delegates of this commonwealth to the congress of Delegates to the United States, shall, some time in the month of June, congress. 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.]

CHAPTER V.

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF

LITERATURE, ETC.

SECTION I.

The University.
ARTICLE I. Whereas our wise and pious ancestors, so Harvard

College. early as 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 God, the advantage of the Christian religion, and the great benefit of this and the other United States of America, - it is declared, that the PRESIDENT AND FELLOWS OF Powers, priviHARVARD COLLEGE, in their corporate capacity, and the president their successors in that capacity, their officers and ser- and fellows, vants, 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

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