may be called for at any time by either houfe of the legislature; and any member of the council may infert his opinion contrary to the refolution of the majority.

VI. Whenever the office of the governor and lieutenant-governor fhall be vacant, by reafon of death, abfence, or otherwife, then the council, or the major part of them, fhall during fuch vacancy have full power and authority to do, and execute, all and every fuch acts, matters and things, as the governor or the lieutenant-governor might or could, by virtue of this conftitution, do or execute, if they or either of them were perfonally prefent.

VII. And whereas the elections appointed to be made by this conítitution, on the last Wednesday in May annually, by the two houses of the legislature, may not be compleated on that day, the faid elections may be adjourned from day to day until the fame shall be compleated. And the order of elections fhall be as follows: The vacancies in the fenate, if any, fhall firft be filled up; the governor and lieutenant-governor fhall then be elected, provided there fhould be no choice of them by the people; and afterwards the two Houfes fhall proceed to the election of the council.

CHAP. II. SECT. IV.

Secretary, Treasurer, Commiffary, i.

Art. I. THE fecretary, treasurer and receiver-general, and the commiffary-general, notaries-public, and naval officers, fhall be chofen annually, by joint ballot of the fenators and reprefentatives, in one room. And that the citizens of this commonwealth may be affured, from time to time, that the monies remaining inthe public treasury, upon the fettlement and liquidation of the public accounts, are their property, no man fhall be eligible as treasurer and receiver-general more than five years fucceffively.

II. The records of the commonwealth fhall be kept in the office of the fecretary, who may appoint his deputies, for whose conduct he shall be accountable, and he fhall attend the governor and council, the fenate and house of reprefentatives, in perfon, or by his deputies, as they fhall refpe&ively require.

CHAP.

CHAPTER III.

JUDICIARY POWER.

Art. I. THE tenure that all commiffion officers fhall by law have in their offices fhall be expreffed in their refpective commiffions. All judicial officers, duly appointed, commiffioned and fworn, fhall hold their offices during good behaviour, excepting fuch concerning whom there is different provifion made in this conftitution provided, nevertheless, the governor, with confent of the council, may remove them upon the addrefs of both houses of the legislature.

Il. Each branch of the legislature, as well as the governor and council, fhall have authority to require the opinions of the juftices of the fupreme judicial court, upon important queftions of law, and upon folemn occafions.

III. In order that the people may not fuffer from the long continuance in place of any juftice of the peace who fhall fail of difcharging the important duties of his office with ability or fidelity, all commiffions of juftices of the peace fhall expire and become void in the term of feven years from their refpective dates; and upon the expiration of any commiffion, the fame may, if neceffary, be renewed, or another perfon appointed, as fhall moft conduce to the well-being of the commonwealth.

IV. The judges of probate of wills, and for granting letters of administration, fhall hold their courts at fuch place or places, on fixed days, as the convenience of the people fhall require. And the legislature fhall, from time to time, hereafter appoint fuch times and places; until which appointments, the faid courts fhall be holden at the times and places which the respective judges fhall direct.

V. All causes of marriage, divorce and alimony, and all appeals from the judges of probate fhall be heard and determined by the governor and council, until the legiflature fhall by law make other provifion.

CHAPTER IV.

DELEGATES to CONGRESS.

THE delegates of this commonwealth to the Congrefs of the United States fhall, fome time in the month of June annually,

be

be elected by the joint ballot of the fenate and house of reprefentatives, assembled together in one room, to ferve in Congress for one year, to commence on the firft Monday in November then next enfuing. They fhall have commiffions under the hand of and the governor, feal of the commonwealth; but may be recalled at any time within the year, and others chofen and commiffioned, in the fame manner, in their stead.

the

great

CHAPTER V.

The University at Cambrid ̧e, and Encouragement of Literature, &c.

SECTION I.

The UNIVERSITY.

Art. 1. WHEREAS our wife and pious ancestors, fo early as the year one thousand fix hundred and thirty-fix, laid the foundation of Harvard College, in which univerfity many perfons of great eminence have, by the blefling of God, been initiated in thofe arts and fciences 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 Chriftian religion, and the great benefit of this and the other United States of America :-It is declared, that the Prefident and Fellows of Harvard College, in their corporate capacity, and their fucceffors in that capacity, their officers and fervants, fhall have, hold, ufe, exercise and enjoy all the powers, authorities, rights, liberties, privileges, immunities and franchifes, which they now have, or are entitled to have, hold, use, exercise and enjoy: And the fame are hereby ratified and confirmed unto them, the faid prefident and fellows of Harvard College, and to their fucceffors, and to their officers and fervants, respectively, forever.

II. And whereas there have been at fundry times, by divers perfons, gifts, grants, devifes of houfes, lands, tenements, goods, chattels, legacies and conveyances, heretofore made, either to Harvard College, in Cambridge, in New England, or to the prefident and fellows of Harvard College, or to the faid college, by fome other defcription, under feveral charters fucceffively: It is declared, that all the faid gifts, grants, devifes, legacies, and conveyances, are hereby forever confirmed unto the prefident

and

and fellows of Harvard College, and to their fucceffors in the capacity aforefaid, according to the true intent and meaning of the donor or donors, grantor or grantors, devifor or devifors.

III. And whereas, by an act of the general court of the colony of Maffachusetts-Bay, paffed in the year one thoufand fix hundred and forty-two, the governor and deputy-governor for the time being, and all the magiftrates of that jurifdiction, were, with the prefident, and a number of the clergy in the said act described, conftituted the overfeers of Harvard College: And it being neceffary, in this new conftitution of government, to afcertain who fhall be deemed fucceffors to the faid governor, deputy-governor, and magiftrates: It is declared, that the governor, lieutenant-governor, council, and fenate of this commonwealth, are, and fhall be deemed their fucceffors; who, with the prefident of Harvard College for the time being, together with the minifters of the congregational churches in the towns of Cambridge, Watertown, Charlestown, Bofton, Roxbury, and Dorchefter, mentioned in the faid act, fhall be, and hereby are, vefted with all the powers and authority belonging, or in any way appertaining, to the overfeers of Harvard College; provided, that nothing herein fhall be conftrued to prevent the legiflature of this commonwealth from making fuch alterations in the government of the faid univerfity, as fhall 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 Maffachusetts-Bay.

CHAP. V. SECT. II.

The Encouragement of Literature.

WISDOM and knowledge, as well as virtue, diffused generally among the body of the people, being neceffary for the prefervation of their rights and liberties; and as thefe depend on fpreading the opportunities and advantages of education, in the various parts of the country, and among the different orders of the people, it fhall be the duty of the legiflatures and magiftrates, in all future periods of this commonwealth, to cherish the interefts of literature and the fciences, and all feminaries of them; efpecially the univerfity at Cambridge, public fchools, and grammar schools in the towns; to encourage private focieties and public inftitutions, rewards and immunities, for the promotion of agriculture, arts, fciences, 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; fincerity, good humour, and all focial affections, and generous fentiments among the people.

CHAP

CHAPTER VI.

Oaths and Subfcriptions; Incompatibility of and Exclufion from Of fices; Pecuniary Qualifications; Commiffions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Style; Continuance of Officers; Provision for a future Revifal of the Conftitu tion, &c.

Art. I. Any perfon chofen governor, or lieutenant-governor, councillor, fenator, or reprefentative, and accepting the truft, fhall, before he proceed to execute the duties of his place or of fice, make and fubfcribe the following declaration, viz.

"I, A. B. do declare, that I believe the Chriftian religion, and have a firm perfuafion of its truth; and that I am feized and poffeffed, in my own right, of the property required by the conftitution as one qualification for the office or place to which I am elected."

And the governor, lieutenant-governor, and councillors, shall make and subscribe the faid declaration in the prefence of the two houfes of affembly; and the fenators and reprefentatives fift elected under this conftitution, before the prefident and five of the council of the former conftitution, and forever afterwards before the governor and council for the time being.

And every perfon chofen to either of the places or offices aforefaid, as alfo any perfon appointed or commiffioned to any judicial, executive, military, or other office under the government, fhall, before he enters on the difcharge of the bufinefs of his place or office, take and fubfcribe the following declaration, and oaths or affirmations, viz.

66

I, A. B. do truly and fincerely acknowledge, profefs, teftify and declare, that the commonwealth of Maffachusetts is, and of right ought to be, a free, fovereign, and independent state; and I do fwear, that I will bear true faith and allegiance to the faid commonwealth, and that I will defend the fame against traitorous confpiracies and all hoftile attempts whatfoever: And that I do renounce and abjure all allegiance, fubjection, and obedience, to the king, queen, or government of Great Britain (as the cafe may be), and every other foreign power whatsoever : And that no foreign prince, perfon, prelate, ftate or potentate, hath, or ought to have, any jurifdiction, fuperiority, pre-emi

G

hence,