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 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.

CHAPTER VI.

Oaths and subscriptions; incompatibility of, and exclusion from, offices; pecuniary qualifications; commissions; writs; confirmation 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, 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 commonwealth, and that I will defend the same 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 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 of men hath 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," "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 "so 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 time, 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, saving that the judges of the said court may hold the offices of justices of the peace throughout the state; nor shall they hold any other place or office, or receive any pension or salary, from any other state, or gov ernment, 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 probate, sheriff, register of probate, or register of deeds: and never more than any two offices, which are to be held by appointment of the governor, or the governor and council, or the senate, or the house of representatives 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-general judge of probate, commissary-general, president, professor, or instructor of Harvard college, sheriff, clerk of the house of representatives, register of probate, register of deeds, clerk of the supreme 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 in the senate or house of representatives; and the places so vacated shall be filled up.

And the same rule shall take place in case any judge of the said supreme 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 commonwealth, 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 constitution, the value thereof shall be computed in silver, at six shillings and 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 the persons to be elected into offices, as the circumstances of the commonwealth shall require.

4. All commissions shall be in the name of the commonwealth of Massachusetts; signed by the governor, and attested by the secretary or his 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 of law, shall be in the name of the commonwealth of Massachusetts; they shall be under the seal of the court from whence they issue; they shall bear test of the first justice of the court to which they shall be returnable, (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 approved of in the province, colony, or state of Massachusetts Bay, and usually practised on in the courts of law, shall still remain and be in full force, until altered or repealed by the legislature: such parts only excepted as are repugnant to the rights and liberties contained in this constitution.

7. The privilege and benefit of the writ of habeas corpus shall be enjoyed in this commonwealth in the most free, easy, cheap, expeditious, and ample manner; and shall not be suspended by the legislature, except 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, and laws, shall be, "Be it enacted by the senate and house of representatives, in general court assembled, and by the authority of the same."

9. To the end there may be no failure of justice, or danger arise to the commonwealth, from a change of the form of government, all offi cers, civil and military, holding commissions under the government and

people of Massachusetts Bay in New England, and all other officers of said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise, and enjoy, all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective departments: and all the execu tive and legislative officers, bodies, and powers, shall continue in full force in the enjoyment and exercise of all their trusts, employment, and authority, until the general court, and the supreme and executive officers, under this constitution, are designated and invested with their respective trusts, powers, and authority.

10. In order the more effectually to adhere to the principles of the constitution, and correct those violations which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the general court which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments.

And if it shall appear, by the returns made, that two-thirds of the qualified voters throughout the state, who shall assemble and vote in consequence of the said precepts, are in favour of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention, for the purpose aforesaid.

The said delegates to be chosen in the same manner and proportion, as their representatives in the second branch of the legislature are by this constitution to be chosen.

11. This form of government shall be enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land: and printed copies thereof shall be prefixed to the book containing the laws of this commonwealth, in all future editions of the said laws.

JAMES BOWDOIN, President.

Attest, SAMUEL BARRET, Secretary.

AMENDMENTS.

Proclamation of Governor Brooks, of Massachusetts, announcing to the public the amendments lately made by the convention to the constitution of that state, and which, being ratified by the people, now form a part of the constitution of the said state.

WHEREAS Sundry resolutions passed the legislature on the fifth day of June, in the year of our Lord one thousand eight hundred and twentyone, in the words following, viz.

"Whereas, the convention of the delegates of the people, assembled at Boston on the third Wednesday of November, in the year of our Lord one thousand eight hundred and twenty, for the purpose of revising and amending the constitution of the commonwealth pursuant to an act of

the general court, passed on the sixteenth day of June, in the year aforesaid, submitted certain articles of amendment of the constitution to the people, for their ratification and adoption; and whereas it appears by a certificate of the committee of the said convention, that the following articles of amendment, so submitted, as aforesaid, have been ratified and adopted by the people, in the manner directed by the said convention, and have thereby become a part of the constitution of this commonwealth, to wit:

Article 1. If any bill or resolve shall be objected to, and not approved of by the governor; and if the general court shall adjourn within five days after the same shall have been laid before the governor for his approbation, and thereby prevent his returning it, with his objections, as provided by the constitution; such bill or resolve shall not become a law, nor have force as such.

Art. 2. The general court shall have full power and authority to erect or constitute municipal or city governments in any corporate town or towns, in this commonwealth, and to grant to the inhabitants thereof such powers, privileges, and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient, for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards, or otherwise, for the election of officers, under the constitution, and the manner of returning the votes given at such meetings: provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants, nor unless it be with the consent, and on the application of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose: and provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court.

Art. 3. Every male citizen of twenty-one years of age, and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the commonwealth one year, and within the town or district, in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators, representatives, and who shall have paid, by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this commonwealth; and also every citizen, who shall be by law exempt from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of governor, and lieutenant-governor, senators, and representatives; and no other person shall be entitled to a vote in such election.

Art. 4. Notaries public shall be appointed by the governor, in the same manner as judicial officers are appointed, and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, and upon the address of both houses of the iegislature.

In case the office of secretary or treasurer of the commonwealth shall become vacant from any cause, during the recess of the general court, the governor, with the consent of the council, shall nominate and appoint, under such regulations as may be prescribed by law, a com