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room, and that the citizens of this commonwealth may be assured, fiom time to time, that the moneys remaining in the public 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 successively.
2. The records of the coinmonwealth 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 senato and house of representatives, in person, or by his deputies, as they shail respectively require.
Judiciary Power. Article 1. The tenure that all commission officers shall, by law, have in their offices, shall be expressed in their respective commissions; all judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behaviour; 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.
2. Each branch of the legislature, as well as the governor and council. shall have authority to require the opinions of the justices of the supremo judicial court, upon important questions of law, and upon solemn occasions.
3. In order that the people may not suffer from the 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.
4. The judges of probates of wills, and for granting letters of administration, shall hold their courts at such place or places, on fixed days as the convenience of the people may 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.
6. All the causes of marriage, divorce, and alimony, and all appeal: from the judges of probate, shall be heard and determined by the go vernor and council, until the legislature shall, by law, make other pro visions,
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 joint ballot of the senate and bouse of representatives, assembled to gether in one room; to serve in congress for one year, to commence or the first Monday in November then next ensuing. They shall have commission 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.
SECTION 1.-TAE UNIVERSITY. Article 1. Whereas our wise and pious ancestors, so early as the Fear one thousand six hundred and thirty-six, laid the foundation of Harvard college, in which university many persons of great emninence have, by the blessing of God, been initiated into those arts and sciences which qualified them for public cmployments both in church and state : and whereas the encouragement of arts and sciences, and all good litera. ture, tends to the honour of God, the adrantage 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 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 follows of Harvard collete, and to their successors, and to their oficers and servants, respectively, for ever.
. And whereas there have been, at sundry times, by divers persons, gifts, grants, devises of houses, lands, tenements, goods, chattels, lega. cies, and conveyanccs, heretofore made, either to Harvard college, in Cambridge, in New England, or to the president and fellows of Harvard c!leze, or to the said college, by some other description, under serera! charges successively—it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby for ever confirmed unto the presi. dent and fellows of Harvard college, and to their successors in the ca. pacity aforesaid, according to the true intent and meaning of the donor or donors, grantor and grantors, devisor or devisors.
3. And whereas, by an act of the general court of the colony of Massachusetts Bay, passed in the ycar 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, deputygovernor, and magistrates, it is declared that the governor, lieutenantgovernor, 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 Dozcester, 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 : provided, that nothing herein shall be construed to 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.
CHAPTER V.-SECTION 2.
The Encouragement of Literature. Wisdom and knowledge, as well as virtue, diffused generally among the body of the people, being necessary for the preservation of their rights and liberties, and as these depend on spreading the opportunities and advantages of education in the various parts of the country, and among the different orders of the people, it shall be the duty of the legislatures and magistrates, in all future periods of this commonwealth, to cherish the interest of literature and 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 in, stitutions, by rewards, and immunities for the promotion of agriculture, arts, 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 humour, and all social affections and generous sentiments among the people.
CHAPTER VI. Oaths and subscriptions ; incompatibility of, and exclusion from,
offices ; pecuniary qualifications ; commissions ; writs ; confirmation of laws ; habeas corpus ; the enacting style ; continuance ojo officers ; provision for a future revisal of the constitution, &c.
Article 1. Any person chosen governor, or lieutenant-governor, counsellor, senator, or representative, and accepting the trust, shall, before he proceed to execute the duties of his place or office, take, make, and subscribe, the following declaration, viz. “ I, A. B., do declare that I believe the Christian religion, and have a
firm persuasion of its truth; and that I am seized 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 counsellors, shall make and subscribe the said declaration in the presence 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, for ever 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 enter 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, testify, 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 common. wealth, and that I will defend the saine against traitorous conspira
cies, 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 prwer 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 bath 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 this commonwealth. So help me God.” Provided always, that when any person chosen or appointed as aforesaid shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, he shall make his affirmation, in the foregoing form, and subscribe the same, omitting the words, “ I do swear," 6 and abjure," " oath,” “ and abjuration,” in the first oath ; and in the second oath, the words “swear and," and in each of them the words " 30 help me God;" subjoining instead thereof, “ This I do under the pains and penalties of perjury.”
And in the said oaths or affirmations shall be taken and subscribed by the governor, lieutenant-governor, and counsellors, 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, for ever afterwards, before the governor and council for the time being; and by the residue of the officers aforesaid, before such persons as, from time to ume, shall be prescribed by the legislature.
2. No governor, lieutenant-governor, or judge of the supreme judicial court, shall hold any office or place under the authority of this commonwealth, except such as by this constitution they are admitted to hold, ariag that the judges of the said court may hold the offices of justicos of the peace throughout the state ; nor shall they hold any other placo or ofice, or receive any pension or salary, from any other state, or gov tudent, or power whatever.
No person shall be capable of holding or exercising, at the same time, more than one of the following offices within this state, viz. judge of privato, sheriff, register of probate, or register of deeds : and never more dan any two offices, which are to be held by appointment of the gove ernɔr, or the governor and council, or the senate, or the house of reprekatativer, or by election of the people of the state at large, or of the
people of any county, (military officer and the office of justice of tl peace excepted,) shall be held by one person.
No person holding the office of judge of the supreme judicial court secretary, attorney-general, solicitor-general, treasurer or receiver-gene. ral, judge of probate, commissary-general
, president, professor, or instructor of Harvard college, sheriff, clerk of the house of representatives, regis. ter of probate, register of deeds, clerk of the supremo judicial court, clerk of the inferior court of common pleas, or officer of the customs, (including in this description naval officers,) shall at the 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 ir the senate or house of representatives; and the places so vacated shall be
And the same rule shall take place in case any judge of the said su preme judicial court, or judge of probate, shall accept a seat in council or any counsellor shall accept of either of those offices or places.
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 common wealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtaining an election or appointment.
3. In all cases where sums of money are mentioned in this constitu tion, the value thereof shall be computed in silver, at six shillings ano 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 thi persons to be elected into offices, as the circumstances of the common wealth shall require.
4. All commissions shall be in the name of the commonwealth of Mas sachusetts; signed by the governor, and attested by the secretary or hi deputy, and have the great seal of the commonwealth affixed thereto.
5. All writs issuing out of the clerk's office, in any of the courts o law, shall be in the name of the commonwealth of Massachusetts ; the shall be under the seal of the court from whence they issue; they shal bear test of the first justice of the court to which they shall be return able, (who is not a party,) and be signed by the clerk of such court.
6. All the laws which have heretofore been adopted, used, and ap proved of in the province, colony, or state of Massachusetts Bay, an usually practised on in the courts of law, shall still remain and be in ful force, until altered or repealed by the legislature : such parts only ex cepted as are repugnant to the rights and liberties contained in this con stitution.
7. The privilege and benefit of the writ of habeas corpus shall be en joyed in this commonwealth in the most frec, easy, cheap, expeditious and ample manner ; and shall not be suspended by the legislature, ex cept upon the most urgent and pressing occasions, and for a limited time not exceeding twelve months.
8. The enacting style, in making and passing all acts, statutes, an laws, shall be, “ Be it enacteil by the senate and house of representa tives, in general court assembled, and by the authority of the same.
9. To the end there may be no failure of justice, or danger ariset the commonwealth, from a change of the form of government, all ofti cers, civil and military, holding commissions under the government an