governor is to be elected, in cafe no one perfon fhall have a ma→ jority of the votes of the people to be governor.

II. The governor, and in his abfence the lieutenant-governor, fhall be prefident of the council, but fhall have no vote in council; And the lieutenant-governor fhall always be a member of the council, except when the chair of the governor fhall be va

cant.

III. Whenever the chair of the governor fhall be vacant, by reafon of his death, or abfence from the commonwealth, or otherwife, the lieutenant-governor for the time being fhall, during fuch vacancy, perform all the duties incumbent upon the governor, and fhall have and exercife all the powers and authorities which by this conftitution the governor is vefted with, when perfonally prefent.

CHA P. II. SE C T. III.

COUNCIL, and the Manner of fettling Elections by the Legiflature.

Art. I. THERE fhall be a council for advifing the governor in the executive part of government, to confift of nine perfons befides the lieutenant-governor, whom the governor for the time being fhall have full power and authority, from time to time, at his difcretion, to affemble and call together. And the governor, with the faid councillors, or five of them at least, fhall 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.

II. Nine councillors fhall be annually chofen from among the perfons returned for councillors and fenators, on the last Wednes day in May, by the joint ballot of the fenators and reprefentatives affembled in one room : And in cafe there fhall not be found upon the first choice, the whole number of nine perfons who will accept a feat in the council, the deficiency fhall be made up by the electors aforefaid from among the people at large; and the number of fenators left fhall conftitute the fenate for the year. The feats of the perfons thus elected from the fenate, and accepting the truft, fhall be vacated in the fenate.

III. The councillors, in the civil arrangements of the commonwealth, fhall have rank next after the lieutenant-governor.

IV. Not more than two councillors fhall be chofen out of any one diftrict of this commonwealth.

V. The refolutions and advice of the council fhall be recorded

in a regifler, and figned by the members prefent; and this record

me

T

may be called for at any time by either house 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 shall 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 constitution, 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 fhall be compleated. And the order of elections fhall be as follows: The vacancies in the fenate, if any, fhall first 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 Houses fhall proceed to the election of the council.

CHAP. II. SECT. IV.

Secretary, Treasurer, Commiffary, &c.

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 in the 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.

Il. 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 refpectively require.

CHAP.

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 thousand 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 faid act described, conftituted the overfeers of Harvard College: And it being neceffary, in this new conftitution of government, to ascertain 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 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 legislature 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 legiflature of the late province of the Maffachusetts-Bay.

СНАР. V. SE C T. II.

The Encouragement of Literature.

ef

WISDOM and knowledge, as well as virtue, diffufed 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 legislatures and magiftrates, in all future periods of this commonwealth, to cherish the interefts of literature and the fciences, and all feminaries of them ; pecially the univerfity at Cambridge, public fchools, and grammar fchools 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, honefty and punctuality in their dealings; fincerity, good humour, and all focial affections, and generous fentiments among the people.

CHAP

Oaths and Subfcriptions, Incompatibility of and Exclufion from Offices; Pecuniary Qualifications; Commiffions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Style; Continuance of Officers; Provifion for a future Revifal of the Conftitution, &c.

Art. I. Any perfon chofen governor, or lieutenant-governer, councillor, fenator, or reprefentative, and accepting the truft, fhall, before he proceed to execute the duties of his place or office, 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 con-, ftitution as one qualification for the office or place to which I am elected."

And the governor, lieutenant-governor, and councillors, fhall 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 discharge of the bufinefs of his place or office, take and fubfcribe the following declaration, and oaths or affirmations, viz.

"I, A. B. do truly and fincerely acknowledge, profefs, teftify and declare, that the commonwealth of Maflachusetts is, and of right ought to be, a free, fovereign, and independent ftate; 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

nence,

nence, authority, difpenfing or other power, in any matter, civil, ecclefiaftical or fpiritual, within this commonwealth, except the authority or power which is or may be vested by their conftituents in the Congress of the United States. And I do further teftify and declare, that no man or body of men hath or can have any right to abfolve or discharge me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profeffion, teftimony, declaration, denial, renunciation and abjuration, heartily and truly, according to the common meaning and acceptation of the foregoing words, without any equivocation, mental evafion, or fecret refervation, whatfo.ver. So help me God."

"I, A. B. do folemnly fwear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent according to the best of my abilities and. understanding, agreeably to the rules and regulations of the conftitution, and the laws of this commonwealth. So help me

on me as

God."

Provided always, that when any perfon chofen or appointed as aforefaid fhall be of the denomination of the people called Quakers, and shall decline taking the faid oaths, he thall make his affirmation in the foregoing form, and fubfcribe the fame, omitting the words, "I do fwear," "and abjure," " oath or, "and abjuration," in the first oath; and in the fecond oath, the ́ words, fwear and ;" and in each of them the words," So help me God" fubjoining instead thereof, "This I do under the pains and penalties of perjury."

And the faid oaths or affirmations shall be taken and subfcribed by the governor, lieutenant-governor, and councillors, before the prefident of the senate, in the presence of the two houfes of affembly; and by the fenators and representatives firft 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 by the refidue of the officers aforefaid, before fuch perfons and in such manner as from time to time fhall be prescribed by the legislature.

II. No governor, lieutenant-governor, or judge of the fupreme judicial court, fhall hold any other office or place under the authority of this commonwealth, except fuch as by this conftitution they are admitted to hold; faving that the judges of the faid court may hold the offices of juftices of the peace through the state; nor fhall they hold any other place or office, or receive any penfion or falary from any other state or government or power whatever.

No perfon fhall be capable of holding or exercifing at the fame time more than one of the following offices within this ftate,

viz.