Limitation. Governor and council may pardon offen But not before conviction. admiral, to be exercised agreeably to the rules and regulations of the constitution, and the laws of the land, and not otherwise. Provided, that the said governor shall not, at any time hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or the consent of the general court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the state to which they cannot otherwise conveniently have access. VIII. The power of pardoning offences, except such as persons may be convicted of before the senate by an impeachment of the house, ces, except, &c. shall be in the governor, by and with the advice of council; but no charter of pardon, granted by the governor, with advice of the council before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned. All judicial offi appointed. IX. All judicial officers, the attorney-general, the solicitor-general, Germinated and all sheriffs, coroners, and registers of probate, shall be nominated and appointed by the governor, by and with the advice and consent of the council; and every such nomination shall be made by the governor, and made at least seven days prior to such appointment. See amendments, Art. XIV., XVII., and XIX. Militia officers, how elected. See amend X. The captains and subalterns of the militia, shall be elected by the written votes of the train-band and alarm list of their respective comments, Art. V. panies, of twenty-one years of age and upwards; the field officers of regiments shall be elected by the written votes of the captains and subalterns of their respective regiments: the brigadiers shall be elected, in like manner, by the field officers of their respective brigades; and such How commis- officers, so elected, shall be commissioned by the governor, who shall determine their rank. sioned. Major-generals, how appointed and commissioned. Vacancies, how filled, in case, &c. Officers duly The legislature shall, by standing laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor, the officers elected. The major-generals shall be appointed by the senate and house of representatives, each having a negative upon the other; and be commissioned by the governor. And if the electors of brigadiers, field officers, captains or subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws for the time being, then the governor, with advice of council, shall appoint suitable persons to fill such offices. And no officer, duly commissioned to command in the militia, shall commissioned, be removed from his office, but by the address of both houses to the governor, or by fair trial in court martial, pursuant to the laws of the commonwealth for the time being. how removed. See amend ments, Art. IV. Adjutants, &c., The commanding officers of regiments shall appoint their adjutants how appointed. and quartermasters; the brigadiers their brigade-majors; and the majorgenerals their aids; and the governor shall appoint the adjutant-general. The governor, with advice of council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint, as also all officers of forts and garrisons. Organization of militia. Money, how The divisions of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law. XI. No moneys shall be issued out of the treasury of this commondrawn from the wealth, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the gov treasury, except, &c. ernor for the time being, with the advice and consent of the council, for the necessary defence and support of the commonwealth; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. XII. All public boards, the commissary-general, all superintending All public officers of public magazines and stores, belonging to this commonwealth, boards, &c., to make quarterly and all commanding officers of forts and garrisons within the same, returns. shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively; distinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and garrisons; and the said commanding officer shall exhibit 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 should not be Salary of gov under the undue influence of any of the members of the general court ernor. 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 established by law for the justices of the supreme judicial court. Salaries of jus tices of supreme judicial court. Salaries to be 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 surged if ingeneral court shall judge proper. sufficient. CHAPTER II. SECTION II. Lieutenant-Governor. governor; his See amend XX. and XXIII. I. There shall be annually elected a lieutenant-governor of the Lieutenantcommonwealth of Massachusetts, whose title shall be- HIS HONOR; title and qualiand who shall be qualified, in point of religion, property, and residence fications. in the commonwealth, in the same manner with the governor: and the ments, Art.III., day and manner of his election, and the qualifications of the electors, VI, X., XV. 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, How chosen. 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. council. II. The governor, and in his absence the lieutenant-governor, shall President of be president of the council, but shall have no vote in council; and the Lieutenantlieutenant-governor shall always be a member of the council except governor a when the chair of the governor shall be vacant. III. Whenever the chair of the governor shall be vacant, by reason member of, ex cept, &c. Lieutenant or, in case, &c. governor to be of his death, or absence from the commonwealth, or otherwise, the acting govern- 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. Council. ments, Art. Number; from CHAPTER II. SECTION III. Council, and the Manner of settling Elections by the 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, according to the laws of the land. II. Nine councillors shall be annually chosen from among the persons returned for councillors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives assembled XIII. and XVI. in one room: and in case there shall not be found upon the first choice, 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 If senators be 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 the senate, and accepting the trust, shall be vacated in the senate. come council lors, their seats to be vacated. Rank of councillors. No district to have more than two. Register of council. Council to exer of governor, in case, &c. III. The councillors, in the civil arrangements of the commonwealth, shall have rank next after the lieutenant-governor. IV. Not more than two councillors shall be chosen out of any one district of this commonwealth. V. The resolutions and advice of the council shall be 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 lieutenant-governor cise the power shall be vacant, by reason of death, absence, or otherwise, then the council, or the major part of them, 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. Elections may be adjourned until, &c. 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 from day to day until the same shall be completed. Order thereof. 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. Secretary, &c., by whom and how chosen. CHAPTER II. SECTION IV. Secretary, Treasurer, Commissary &c. I. The secretary, treasurer and receiver-general, and the commissary-general, notaries public, and naval officers, shall be chosen an ments, Art. IV. nually, by joint ballot of the senators and representatives in one See amendroom. And, that the citizens of this commonwealth may be assured, and XVII. from time to time, that the moneys remaining in the public treasury, Treasurer incli upon the settlement and liquidation of the public accounts, are their gible for more property, no man shall be eligible as treasurer and receiver-general more cessive years. than five years successively. than five suc to attend the II. The records of the commonwealth shall be kept in the office of Secretary to the secretary, who may appoint his deputies, for whose conduct he shall keep records; be accountable, and he shall attend the governor and council, the senate governor and and house of representatives, in person, or by his deputies, as they shall council, &c. respectively require. CHAPTER III. JUDICIARY POWER. commissioned Judicial officers I. The tenure, that all commission officers shall by law have in Tenure of all their offices, shall be expressed in their respective commissions. All officers to be exjudicial officers, duly appointed, commissioned and sworn, shall hold pressed. their offices during good behavior, excepting such concerning whom to hold office there is different provision made in this constitution: provided never- during good betheless, the governor, with consent of the council, may remove them &c. upon the address of both houses of the legislature. havior, except, But may be removed on ad Justices of su II. Each branch of the legislature, as well as the governor and dress. council, shall have authority to require the opinions of the justices of preme judicial the supreme judicial court, upon important questions of law, and upon court to give solemn occasions. required. of their office. III. In order that the people may not suffer from the long continuance Justices of the in place of any justice of the peace, who shall fail of discharging the peace; tenure 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 Provisions for administration, shall hold their courts at such place or places, on fixed holding probate 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. courts. V. All causes of marriage, divorce, and alimony, and all appeals from Provisions for the judges of probate shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision. CHAPTER IV. DELEGATES TO CONGRESS. determining causes of marriage, divorce, &c. congress. The delegates of this commonwealth to the congress of the United Delegates to 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 Col lege. CHAPTER V. THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE &c. SECTION I. The University. 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 America, Powers, privi- it is declared, that the PRESIDENT AND FELLOWS OF HARVARD COLleges, &c.,of the LEGE, in their corporate capacity, and their successors in that capacity, president and fellows, con- their officers and servants, shall have, hold, use, exercise and enjoy, all firmed. 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. 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 the said gifts, grants, devises, grants, &c. con- legacies and conveyances, 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. All gifts, firmed. Who shall be overseers. Statutes, 1851, 224. 1852, 27. 1859, 212. 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 ascertain who shall be deemed successors to the said governor, deputy-governor and magistrates: it is declared, 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 Power of altera- Harvard College; provided, that nothing herein shall be construed to the legislature. prevent 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. tion reserved to Duty of legislatures and ma CHAPTER V. SECTION II. The Encouragement of Literature, &c. Wisdom, and knowledge, as well as virtue, diffused generally among gistrates in all the body of the people, being necessary for the preservation of their |