10. The captains and subalterns of the militia shall be elected by the written votes of the train band and alarm list of their respective companies, 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 officers, so elected, shall be commissioned by the governor, who shall determine their rank.

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 of 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 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.

The commanding officers of regiments shall appoint their adjutants 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.

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.

11. No moneys shall be issued out of the treasury of this commonwealth, and be 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 governor 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 act and resolves of the general court.

12. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the same, 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 particular 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, harbour or harbours, adjacent.

And the said boards and all public officers shall communicate to the governor, as soon as may be, after receiving the same, all despatches and intelligence of a public nature, which shall be directed to them respectively.

13. As the public good requires that the governor should not be under the undue influence of any of the members of the general court, 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 honourable 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 honourable salaries shall also be established by law for the justices of the supreme judicial court.

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.

CHAPTER II.-SECTION 2.

Lieutenant-governor.

Article 1. There shall be annually elected a lieutenant-governor of the commonwealth of Massachusetts, whose title shall be, His Honour; 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.

2. The governor, and, in his absence, the lieutenant-governor, shall be the 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.

3. 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 al the power and authorities which, by this constitution, the governor is vested with, when personally present.

CHAPTER II.-SECTION 3.

Council, and the manner of settling elections by the Legislature. Article 1. There shall be a council for advising the governor in the executive part of government, to consist of nine persons, besides the ieutenant-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 returned from 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 constitute the senate for the year. The seats for the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.

3. The counsellors, 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 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, hall 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.

CHAPTER II.-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 shail respectively require.

CHAPTER III.

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 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.

5. All the 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 pro visions.

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 joint ballot of the senate and house of representatives, assembled together 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.

CHAPTER V.

To the University at Cambridge, 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 capacity 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 fortytwo, 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 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.