pleated. And the order of elections fhall be ás follows: The vacancies in the Senate, if any, shall first be filled up; the Governor and Lieutenant-Governor shall then be elected, provided there should be no choice of them by the people; and afterwards the two Houses fhall proceed to the election of the Council.

§. 4.

SECRETARY, TREASURER, COMMISSARY, ETC.

I. THE Secretary, Treasurer and Receiver- . General, and the Commiffary-General, Nota ries-Public, and Naval Officers, fhall be chosen annually, by joint ballot of the Senators and Representatives, 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 settlement 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 Secretary, who may appoint his deputies, for whofe conduct he shall

be

be accountable; and he shall attend the Governor and Council, the Senate and Houfe of Representatives; in perfon, or by his deputies, as they shall respectively require.

С НА Р.

JUDICIARY POWER.

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 sworn, shall hold their offices during good behaviour, excepting fuch concerning whom there is different provision made in this Conftitution provided, nevertheless, the Governor, with confent of the Council, may remove them upon the addrefs of both Houfes of the legislature.

II. Each branch of the legislature, as well as the Governor and Council, fhall have authori ty to require the opinions of the Justices of the Supreme Judicial Court, upon important quef tions of law, and upon folemn occafions.

III. In order that the people may not suffer from the long continuance in place of any juftice

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juftice of the peace who shall fail of discharging the important duties of his office with ability or fidelity, all commiffions of justices of the peace fhall expire and become void in the term of seven years from their respective dates; and upon the expiration of any commiffion, the fame may, if neceffary, be renewed, or another perfon appointed, as fhall most conduce to the well-being of the Commonwealth.

IV. The Judges of probate of wills, and for granting letters of administration, shall 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 caufes 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 legislature shall by law make other provifion.

CHAP.

CHA P. IV.

DELEGATES TO CONGRESS. THE Delegates of this Commonwealth to the Congress of the United States fhall, fome time in the month of June annually, be elected by the joint ballot of the Senate and House of Representatives, affembled together in one room, to serve in Congrefs for one year, to commence on the first Monday in November then next enfuing. They fhall have commiffions under the hand of the Governor and great 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 ftead.

the

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CHAP.

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 persons of great eminence have, by the bleffing of God, been initiated in those arts and fciences which qualified them for public employments, both in church and state: and whereas the encouragement of arts and fciences, and all good literature, tends to the honour 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 Prefident and Fellows of Harvard College, in their corporate capacity, and their fucceffors in that capacity, their officers and fervants, fhall have, hold, ufe, exercife and enjoy all the powers, authorities, rights, liberties,