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VIII. The enacting style, in making and passing all the enacting 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 Oficers of danger arise to the commonwealth from a change of the ment continued form of government, all officers, civil and military, hold- until, etc. ing 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.
X. ! In order the more effectually to adhere to the Provision for principles of the constitution, and to correct those violations which by any means may be made therein, as well For existing as to form such alterations as from experience shall be amendments, found necessary, the general court which shall be in the ments, Art. IX year of our Lord one thousand seven hundred and ninetyfive, 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.
And if it shall appear, by the returns made, that two- Provision for thirds of the qualified voters throughout the state, who stitution. 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.]
revising con. stitution.
Provision for preserving and
XI. This form of government shall be enrolled on publishing this parchment, 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.
, if legislature adjourn in the mean time, 3 Vass. 567.
charter cities. 122 Mass, 354.
ARTICLES OF AMENDMENT. Bill, etc., not approved within
ARTICLE I. If any bill or resolve shall be objected to, five days, not to and not approved by the governor; and if the general
court shall adjourn within five days after the same shall
have been laid before the governor for his approbation, See Const., Ch. and thereby prevent his returning it with his objections, I., § 1, Art. II.
as provided by the constitution, 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 authority to erect and constitute municipal or city governments, 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 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 an
nulled by the general court. Qualifications of ART. III. Every male citizen of twenty-one years of crnor, lieuten age and upwards, excepting paupers and persons under
guardianship, who shall have resided within the commonwealth one year, and within the town or district in which he may 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 5*Med. 162, 298, himself, or his parent, master, or guardian, any state or
county tax, which shall, within two years next preceding
voters for you.
the army or navy in time of
mente, Arts. XXVIII. and XXXI.
such election, have been assessed upon him, in any town For educational or district of this commonwealth ; and also every citizen see amend. who shall be, by law, exempted from taxation, and who For provision as shall be, in all other respects, qualified as above mentioned,] have served in shall have a right to vote in such election of governor, lieutenant-governor, senators, and representatives; and no war, see ameud. other person shall be entitled to vote in such elections. See also amendments, Art. XXIII., which was annulled by amendments, Art. XXVI.
Art. IV. Notaries public shall be appointed by the Notaries public, governor in the same manner as judicial officers are ap- and removed. pointed, 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 com- Vacancies in the monwealth shall become vacant from any cause, during tary and treasthe recess of the general court, the governor, with the yer, how filled. advice and consent of the council, shall nominate and superseded by appoint, under such regulations as may be prescribed by Art. XVII. 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 Commissary, require the appointment of a commissary-general, he shall appointed, in be nominated, appointed, and commissioned, in such manner as the legislature may, by law, prescribe.
All officers commissioned to command in the militia Militia officers, may be removed from office in such manner as the legislature may, by law, prescribe.
ART. V. In the elections of captains and subalterns who may vote of the militia, all the members of their respective compa- subalterus. nies, as well those under as those above the age of twentyone years, shall have a right to vote.
ART. VI. Instead of the oath of allegiance prescribed Oath to be taken by the constitution, the following oath shall be taken and Bee Const., 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 :
61, 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
for captains and
Ch. VI., Art. I.
Provided, That when any person shall be of the denomi- Proviso. Qua. nation called Quakers, and shall decline taking said oath,
kers may affirm.
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.” Tests abolished.
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. Incompatibility
ART. VIII. No judge of any court of this common1:22. Mass. 445, wealth, (except the court of sessions,) and no person 123 Mass. 535. holding any office under the authority of the United
States, (postmasters excepted,) shall, at the same time, hold the office of governor, lieutenant-governor, or councillor, or have a seat in the senate or house of representatives of this commonwealth ; and no judge of any court in this commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county attorney, clerk of any court, sheriff, treasurer, and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the Congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office under the government of this commonwealth, the office of justice of the peace and
militia offices excepted. Amendments to
ART. IX. If, at any time hereafter, any specific and particular amendment or amendments to the constitution be proposed in the general court, and agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court then next to be chosen, and shall be published ; and if, in the general court next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of the senators and two-thirds of the members of the house of representatives present and voting thereon, then it shall be the duty of the general court to submit such proposed amendment or amendments to the people ; and if they shall be approved and ratified by a majority of the quali
constitution, how made.
fied voters, voting thereon, at meetings legally warned and holden for that purpose, they shall become part of the constitution of this commonwealth. Art. X. The political year shall begin on the first Commencement
of political year, Wednesday of January, instead of the last Wednesday of May; and the general court shall assemble every year on the said first Wednesday of January, and shall proceed, at that session, to make all the elections, and do all the other acts, which are by the constitution required to be made and done at the session which has heretofore commenced on the last Wednesday of May. And the
And the general court shall be and termination. dissolved on the day next preceding the first Wednesday of January, without any proclamation or other act of the governor. But nothing herein contained shall prevent the general court from assembling at such other times as they shall judge necessary, or when called together by the governor. The governor, lieutenant-governor and councillors, shall also hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified in their stead.
[The meeting for the choice of governor, lieutenant- Meetings for the governor, senators, and representatives, shall be held on ernor. lieuten. the second Monday of November in every year ; but meet- etc when to be ings may be adjourned, if necessary, for the choice of this clause representatives, to the next day, and again to the next superaeded by succeeding day, but no further. But in case a second Art. XV. meeting shall be necessary for the choice of representatives, such meetings shall be held on the fourth Monday of the same month of November.]
All the other provisions of the constitution, respecting the elections and proceedings of the members of the general court, or of any other officers or persons whatever, that have reference to the last Wednesday of May, as the commencement of the political year, shall be so far altered, as to have like reference to the first Wednesday of January.
This article shall go into operation on the first day of Article, when to October, next following the day when the same shall be tion. duly ratified and adopted as an amendment of the constitution; and the governor, lieutenant-governor, councillors, senators, representatives, and all other state officers, who are annually chosen, and who shall be chosen for the current year, when the same shall go into operation, shall hold their respective offices until the first Wednesday of January then next following, and until others are chosen and qualified in their stead, and no longer; and the first