laid the foundation of Harvard College, in which university many persons of great eminence have, by the blessing of GOD, been initiated in 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 honor 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, forever. II. 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 charters, successively; it is declared, that all the said gifts, grants, devises, legacies, and convey- All gifts, grants, ances, are hereby forever 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 or grantors, devisor or devisors. III. 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 con etc., confirmed. Who shall be Overseers. See Statutes, 1851, 224. 1852, 27. 1859, 212. 1865, 173. 1880, 65. Power of altera the legislature. tion reserved to Duty of legisla. tures and magis future periods. trates in For further provisions as to public schools, see amendments, Art. XVIII. 12 Allen, 500 603. gregational churches in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, 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. CHAPTER V. The Encouragement of Literature, etc. 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 legislatures and magistrates, in all future periods of this 103 Mass. 94, 97. commonwealth, to cherish the interests 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, 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 humor, and all social affections, and gen erous sentiments, among the people. Oaths, etc. CHAPTER VI. OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND ARTICLE I. [Any person chosen governor, lieutenantgovernor, councillor, senator, or representative, and accept ing the trust, shall, before he proceed to execute the duties of his place or office, 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 seised 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 councillors, 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 forever 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 enters on the discharge of the business of his place or office, take and subscribe the following declaration, and oaths or affirmations, viz.: Abolished. See amendments, Art. VII. Declaration and oflicers. oaths of all see amend ["I, A. B., do truly and sincerely acknowledge, profess, For new oath testify, and declare, that the Commonwealth of Massachu- of allegiance, setts is, and of right ought to be, a free, sovereign, and ments, Art. VL 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 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 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."] Oath of office. Proviso. See amend. "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 the commonwealth. So help me, GOD." Provided, always, that when any person chosen or apments, Art. VI. pointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oath[s], he shall make his affirmation in the foregoing form, and subscribe the same, omitting the words, ["I do swear," "and abjure," "oath or," "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 the said oaths or affirmations shall be taken and subscribed by the governor, lieutenant-governor, and councillors, 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 forever afterwards before the governor and council for the time being; and by the residue of the officers aforesaid, before such persons and in such manner as from time to time shall be prescribed by the legislature. II. No governor, lieutenant-governor, or judge of the supreme judicial court, shall hold any other 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 through the state; nor shall they hold any other place or office, or receive any pension or salary from any other state or government or power whatever. No person shall be capable of holding or exercising at the same time, within this state, more than one of the following offices, 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 the election of the people of the state at large, or of the people of any county, military offices, and the offices of justices of the peace excepted, shall be held by one person. No person holding the office of judge of the supreme secretary-attorney-general- solicitor. For further pro- judicial court incompatible Art. VIII. vard College Officers of Har. excepted by Art. XXVII. amendments, general-treasurer or receiver-general-judge of probate visions as to commissary-general-[president, professor, or instruct- offices, see or of Harvard College] sheriff- clerk of the house of amendments, 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 place so vacated shall be filled up. offices. And the same rule shall take place in case any judge of Incompatible the said supreme judicial court, or judge of probate, shall accept a seat in council; or any councillor shall accept of either of those offices or places. And no person shall ever be admitted to hold a seat in Bribery, etc., the legislature, or any office of trust or importance under disqualify. 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. ascertained. fications may III. In all cases where sums of money are mentioned Value of money in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce; and Property quali it shall be in the power of the legislature, from time to be increased. time, to increase such qualifications, as to property, of the See amend persons to be elected to offices, as the circumstances of XIII. the commonwealth shall require. ments, Art. respecting IV. All commissions shall be in the name of the Provisions Commonwealth of Massachusetts, signed by the governor commissions. and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto. V. 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. VI. All the laws which have heretofore been adopted, used, and approved 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. Provisions re2 Pick. 592. Met. 58. specting writs. 13 Gray, 74. |