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in the executive part of 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 counsellors, 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.
2. Nine counsellors shall be annually chosen from among the persons returnerl for the counsellors and senators, on the last Wednesday in May, by the joint ballot of the senators and representatives, assembled 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 the people at large; and the number of senators left shall consti. tute the senate for the year. The seats of the persoris thus elected from the senate, and accepting the trust, shall be vacated in the senate.
3. The counesllors, in the civil arrangements of the commonwealth, shall have rank next after the lieutenant governor.
4. Not more than two counsellors shall be chosen out of any one district of this commonwealth.
5. 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.
6. Whenever the office of the governor and lieutenant governor 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 to execute all and every such acts, matters, and things, as the governor or lieutenant governor might or could, by virtue of this constitution, do or execute, if they or either of them were personally present.
7. 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. And the order of election shall be as follows: the vacancies in the senate, if any, sball first be filled up; the governor and lieutenant governor shall then be elected, provided there shall be no choice of them by the people; and afterwards the two houses shall proceed to the election of the council.
CHAP. 2.-SECTION 4.
Secretary, Treasurer, Commissary, &c. Article 1. The secretary, treasurer, and receiver general, 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 the citizens of this commonwealth may be assured, from 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 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.
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 supreme judicial court, upon important questions of law, and upon solemn occasions.
3. In order thai the people may not suffer from the long con. tinuance 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 respec. tive dates; and upon the expiration of any commission, the same may, if necessary, be renewed, or another person ap. pointed, 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 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 repective judges shall direct.
5. All causes of marriage, divorce, and alimony, and all appeals from the judges of probate, shall be heard and determined by the governor and council, until the legislature shall, by law, make other provision.
Delegates to Congress. The delegates of this commonwealth to the congress of the United States shall, sometime in the month of June annually, be elected by 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.
CHAP. 5. The University at Canıbridge, and encouragement of Literature,&c.
SECTION 1.-THE UNIVERSITY. Article 1. 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 into 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 honour of God, the advantage 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 fellows of Harvard college, and to their successors, and to their officers and servants, respectively, for ever.
2. 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 charges successively
-it is declared, that all the said gifts, grants, devises, legacies, and conveyances, are hereby for ever confirmed unto the president and fellows of Harvard college, and to their successors in the canacity 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 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 Dorcester, 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.
CHAP. 5.-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 institutions, 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.
| CHAP. 6. Oaths and subscriptions; incompatibility of, and exclusions from,
offices; pecuniary qualifications; commissions; writs; con firmation of laws; habeas corpus; the enacting style; continuance of 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, yiz, "], 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 indepen
dent 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