Salaries to be enlarged if insufficient. And if it shall be found that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time, be enlarged, as the general court shall judge proper. Lieutenantgovernor; his fications. amendments, Arts. VII. and XXXIV. CHAPTER II. SECTION II. Lieutenant-Governor. ARTICLE I. There shall be annually elected a lieutitle and quali-tenant-governor of the commonwealth of Massachusetts, whose title shall be - HIS HONOR; and who shall be qualified, in point of [religion,] [property,] and residence in the commonwealth, in the same manner with the governor; and the day and manner of his election, and the qualifications of the electors, shall be the same as are 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 be found to have a majority of all the votes returned, the vacancy shall be filled by the senate and house of representatives, 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.] How chosen. Election by plurality provided for by amendments, Art. XIV. President of council. Lieutenantgovernor a member of, except, etc. Lieutenantgovernor to be acting governor, in case, etc. II. The governor, and in his absence the lieutenantgovernor, 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 vacant, by reason of his death, or absence from the commonwealth, 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. CHAPTER II. SECTION III. Council, and the Manner of settling Elections by the Legislature. Number of changed to ments, Art. ARTICLE I. There shall be a council for advising the Council. governor in the executive part of the government, to con- councillors sist of [nine] persons besides the lieutenant-governor, eight. whom the governor, for the time being, shall have full See amendpower and authority, from time to time, at his discretion, XVI. 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, according to the laws of the land. whom, and amendments, Arts. X. and amendments, II. [Nine councillors shall be annually chosen from Number; from among the persons returned for councillors and senators, how chosen. on the last Wednesday in May, by the joint ballot of Modified by the senators and representatives assembled in one room; Arti and in case there shall not be found upon the first choice, Superseded by the whole number of nine persons who will accept a seat Art. XVI. 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 If senators bethe senate, and accepting the trust, shall be vacated in the come councilsenate.] lors, their seats to be vacated. councillors. 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. have more than two. 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. ercise the VI. Whenever the office of the governor and lieuten- Council to exant-governor shall be vacant, by reason of death, absence, power of govor otherwise, then the council, or the major part of them, etc." ernor in case, Elections may be adjourned until, 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, by this constitution, on the last Wednesday in May annually, by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned Order thereof. from day to day until the same shall be completed. And the order of elections shall be as follows: the vacancies in the senate, if any, shall first be filled up; the governor 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.] Superseded by Secretary, etc., by whom and how chosen. For provision as to election of secretary, treasurer and receiver-gen CHAPTER II. SECTION IV. Secretary, Treasurer, Commissary, etc. ARTICLE I. [The secretary, treasurer and receivergeneral, and the commissary-general, notaries public, and] naval officers, shall be chosen annually, by joint ballot of the senators and representatives in one room. And, that eral, and audi- the citizens of this commonwealth may be assured, from time to time, that the moneys remaining in the public eral, see amend- treasury, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five years more than five successively. tor and attorney-gen ments, Art. XVII. Treasurer ineligible for successive years. Secretary to keep records; to attend the governor and council, etc. For provision as to appointment of notaries public and the commissary-general, see amendments, Art. 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. H CHAPTER III. JUDICIARY POWER. officers to be duly expressed. their to hold office during good commissioned Judicial officers ARTICLE I. The tenure, that all commission officers Tenure of all shall by law have in their offices, shall be expressed in their respective commissions. All judicial officers, appointed, commissioned and sworn, shall hold offices during good behavior, excepting such concerning behavior, exwhom there is different provision made in this constitu- But may be tion: provided, nevertheless, the governor, with consent doved on of the council, may remove them upon the address of both houses of the legislature. cept, etc. address. preme judicial opinions when 122 Mass. 600. 126 Mass. 557, 561. peace; tenure II. Each branch of the legislature, as well as the gov- Justices of suernor and council, shall have authority to require the opin- court to give ions 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 long continuance in place of any justice of the peace who Justices of the shall fail of discharging the important duties of his office of their 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 expira- For removal of tion 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. 3 Cush. 584. justices of the peace, see amendments, Art. XXXVII. holding pro IV. The judges of probate of wills, and for granting Provisions for letters of administration, shall hold their courts at such bate courts. place or places, on fixed days, as the convenience of the 12 Gray, 147. 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. divorce, and V. All causes of marriage, divorce, and alimony, and Marriage, all appeals from the judges of probate, shall be heard and alimony. determined by the governor and council, until the legis- visions made lature shall, by law, make other provision. Other pro by law. 105 Mass. 327. 116 Mass. 317. 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.] Harvard CHAPTER V. THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF The University. ARTICLE I. Whereas our wise and pious ancestors, so 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 Powers, privi- America, it is declared, that the PRESIDENT AND FELLOWS OF HARVARD COLLEGE, in their corporate capacity, and their successors in that capacity, 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. leges, etc., of the president and fellows, confirmed. |