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etc., confirmed.

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.

II. And whereas there have been at sundry times, by divers 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 gifts, grants, all the said gifts, grants, devises, legacies, and convey

ances, are hereby forever confirmed 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.

III. And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the year one thousand six hundred and forty-two, the governor and deputy-governor, 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 Harvard College; and it being

necessary, in this new constitution of government to Who shall be ascertain who shall be deemed successors to the said gov

ernor, deputy-governor, and magistrates; it is declared, See Statutes,

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 appertaining to the overseers of Harvard College ; Power of altera provided, that nothing herein shall be construed to prethe legislature. vent the legislature 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.

overseers.

1851, 224. 1852, 27. 1859, 212. 1865, 173. 1880, 65.

CHAPTER V.

SECTION II.

pro.

The Encouragement of Literature, etc. Wisdom and knowledge, as well as virtue, diffused gen- Duty of legisla. erally among the body of the people, being necessary for tures and inagis. the preservation of their rights and liberties; and as these future periods. depend on spreading the opportunities and advantages of vision as to education in the various parts of the country, and among bee amend. the different orders of the people, it shall be the duty of mentai. Art. legislatures and magistrates, in all future periods of this 12. Allen, 500commonwealth, to cherish the interests of literature and 103 Mass. 94, 97. 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 parts, 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-

SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS-
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS;
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI-
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.

ARTICLE I. [Any person chosen governor, lieutenant- Oaths, etc. governor, councillor, senator, or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, make and subscribe the following declaration, viz. : “I, A. B., do declare, that I believe the Christian reli- Abolished. See

amendments, gion, and have a firm persuasion of its truth ; and that I Art. VII. am seised and possessed, in my 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 pres

Declaration and oaths of all officers.

ence 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 every person chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to 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,

yiz. :

For new oath of allegiance,

[“ I, A. B., do truly and sincerely acknowledge, profess, been an end. vi. testify, and declare, that the Commonwealth of Massachu

setts is, and of right ought to 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 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 apments, Art. VI. pointed as aforesaid, shall be of the denomination of the

Oath of oflice.

Proviso.
See amend.

tered.

ence 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]

Ind every person chosen to either of the places or offices aforesaid, as also any person appointed or commissioned to 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, te-tity, and declare, that the Commonwealth of Massachusetts is, and of right ought to 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

etc., except, etc. See amend.

VIII.

people called Quakers, and shall decline taking the said oath[s], he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words, [" I do swear,” und abjure,oath or," and abjuration," in the first oath, and in the second oath, the words] “ swear (ind,and (in each of them] the words “ So help me, God;” subjoining instead thereof, " This I do under the pains and penalties of perjury.

And the said oaths or affirmations shall be taken and Oaths and subscribed by the governor, lieutenant-governor, and coun- how admiuiscillors, 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.

II. No governor, lieutenant-governor, or judge of the Plurality of supreme judicial court, shall hold any other office or place, ed to gpremnor; under the authority of this commonwealth, except such as by this constitution they are admitted to hold, saving that ments, Art. 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 Same subject. 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 Incompatible judicial court – secretary — attorney-general — solicitor- for further pro. general — treasurer or receiver-general — judge of probate visions as to

-commissary-general—[president, professor, or instruct- oflices, see or of Harvard College] — sheriff'— clerk of the house of Art. VIII. representatives — register of probate - register of deeds oficers of Har - clerk of the supreme judicial court clerk of the infe- excepted by rior court of common pleas — or officer of the customs, Art. XXVII. including in this description naval officers — shall at the

hostile attempts whatsoever; and that I do renounce and ahjure 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 attirmation; 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

1 Allen, 553.

whatsoever. So help me, God."]

1, 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 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

othices.

Bribery, etc.,

ascertained.

tications may be increased. See amend. ments, Art. XIII.

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. Incompatible

And the same rule shall take place in case any judge of 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. disqualify,

And no person shall ever be admitted to hold a seat in the legislature, or any office of trust or importance under 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. Value of money

III. In all cases where sums of money are mentioned

in this constitution, the value thereof shall be computed Property quali. in silver, at six shillings and eight pence per ounce; and

it shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected to offices, as the circumstances of the commonwealth shall require.

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

V. All writs, issuing out of the clerk's office in any of the 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.

VI. All the laws which have heretofore been adopted, former laws,

used, and approved in the Province, Colony, or State of

Massachusetts Bay, and usually practised on in the courts 16 Pick. 101, 115. 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.

VII. The privilege and benefit of the writ of habeas secured, except, corpus shall be enjoyed in this commonwealth, in the most

free, easy, cheap, expeditious, and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months.

Provisions respecting commissions.

Provisions re.
specting writs.
2 Pick. 592.
3 Met. 58.
13 Gray, 74.

Continuation of

except, etc.
1 Mass. 59.
2 Mass. 534.

309, .

2 Met. 118.

Benefit of habeas corpus

etc.

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