the first Wednesday of January, by joint ballot of the senators and representatives in convention; and vacancies, which shall afterwards happen, shall be filled in the same manner; but not more than one counsellor shall be elected from any district, prescribed for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives.

SECT. 3. The resolutions and advice of council shall be recorded in a register, and signed by the members agreeing thereto, which may be called for by either house of the legislature; and any counsellor may enter his dissent to the resolution of the majority.

SECT. 4. No member of congress, or of the legislature of this state, nor any person holding any office under the United States, (post officers excepted) nor any civil officers under this state, (justices of the peace and notaries public excepted) shall be counsellors. And no counsellor shall be appointed to any office during the time for which he shall have been elected.

ARTICLE V.-Part Third.

SECRETARY.

SECT. 1. The secretary of state shall be chosen annually at the first session of the legislature, by joint ballot of the senators and representatives in convention.

SECT. 2. The records of the state shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable.

SECT. 3. He shall attend the governor and council, senate and house of representatives, in person or by his deputies as they shall respectively require.

SECT. 4. He shall carefully keep and preserve the records of all the official acts and proceedings of the governor and council, senate and house of representatives, and, when required, lay the same before either branch of the legislature, and perform such other duties as are enjoined by this constitution, or shall be required by law.

ARTICLE V.-Part Fourth.

TREASURER.

SECT. 1. The treasurer shall be chosen annually, at the first session of the legislature, by joint ballot of the senators and representatives in convention, but shall not be eligible more than five years successively.

SECT. 2. The treasurer shall before entering on the duties of his office, give bond to the state with sureties, to the satisfaction of the legislature, for the faithful discharge of his trust.

SECT. 3. The treasurer shall not, during his continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader.

SECT. 4. No money shall be drawn from the treasury, but by warrant from the governor and council, and in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money, shall be published at the commencement of the annual session of the legislature.

ARTICLE VI.

JUDICIAL POWER.

SECT. 1. The judicial power of this state shall be vested in a supreme judical court, and such other courts as the legislature shall from time to time establish.

SECT. 2. The justices of the supreme judicial court shall, at stated times receive a compensation, which shall not be diminished during their continuance in office, but they shall receive no other fee or reward.

SECT. 3. They shall be obliged to give their opinions upon important questions of law, and upon solemn occasions, when required by the governor, council, senate or house of representatives.

SECT. 4. All judicial officers, except justices of the

peace, shall hold their offices during good behavior, but not beyond the age of seventy years.

SECT. 5. Justices of the peace and notaries public, shall hold their offices during seven years, if they so long behave themselves well, at the expiration of which term, they may be reappointed or others appointed, as the public interest may require.

SECT. 6. The justices of the supreme judicial court shall hold no office under the United States, nor any state, nor any other office under this state, except that of justice of the peace.

ARTICLE VII.

MILITARY.

SECT. 1. The captains and subalterns of the militia shall be elected by the written votes of the members of their respective companies. The field officers of regiments by the written votes of the captains and subalterns of their respective regiments. The brigadier generals in like manner, by the field officers of their respective brigades.

SECT. 2. The legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making returns to the governor of the officers elected; and, if the electors shall neglect or refuse to make such elections, after being duly notified according to law, the governor shall appoint suitable persons to fill such offices.

SECT. 3. The major generals shall be elected by the senate and house of representatives, each having a negative on the other. The adjutant general and quartermaster general shall be appointed by the governor and council; but the adjutant general shall perform the duties of quarter-master general, until otherwise directed by law. The major generals and brigadier generals, and the commanding officers of regiments and battalions shall

appoint their respective staff officers; and all military officers shall be commissioned by the governor.

SECT. 4. The militia, as divided into divisions, brigades, regiments, battalions and companies pursuant to the laws now in force, shall remain so organized, until the same shall be altered by the legislature.

SECT. 5. Persons of the denominations of quakers and shakers, justices of the supreme judicial court and ministers of the gospel, may be exempted from military duty, but no other person of the age of eighteen and under the age of forty five years, excepting officers of the militia who have been honorably discharged, shall be so exempted, unless he shall pay an equivalent to be fixed by law.

ARTICLE VIII.

LITERATURE.

A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize, all academies, colleges and seminaries of learning within the state: provided, that no donation, grant or endowment shall at any time be made by the legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the legislature of the state shall have the right to grant any further powers to, alter, limit or restrain any of the powers vested in, any such literary institutions as shall be judged necessary to promote the best interests thereof.

ARTICLE IX.

GENERAL PROVISIONS.

SECT. 1. Every person elected or appointed to either of the places or offices provided in this constitution, and every person elected, appointed, or commissioned to any judicial, executive, military or other office under this state, shall, before he enter on the discharge of the duties of his place or office, take and subscribe the following oath or affirmation: "I do swear, that I will support the constitution of the United States and of this state, so long as I shall continue a citizen thereof. So help me God."

on me as

"I do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent according to the constitution and the laws of the state. So help me God." Provided, that an affirmation in the above forms may be substituted, when the person shall be conscientiously scrupulous of taking and subscribing an oath.

The oaths or affirmations shall be taken and subscribed by the governor and counsellors before the presiding officer of the senate, in the presence of both houses of the legislature, and by the senators and representatives before the governor and council, and by the residue of said officers before such persons as shall be prescribed by the legislature; and whenever the governor or any counsellor shall not be able to attend during the session of the legislature to take and subscribe said oaths or affirmations, such oaths or affirmations may be taken and subscribed in the recess of the legislature before any justice of the supreme judicial court: provided, that the senators and representatives, first elected under this constitution, shall take and subscribe such oaths or affirmations before the president of the convention.

SECT. 2. No person holding the office of justice of the supreme judicial court, or of any inferior court, attorney