rules and regulations of the constitution, and the laws of the Commonwealth. So help me, GOD." Provided, always, that when any person, chosen or appointed as aforesaid, shall be of the denomination of the people called Quakers, and shall decline taking the said oaths, 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. ces prohibited to except, &c. Art. VIII. &c., II. No governor, lieutenant-governor, or judge of the Plurality of offsupreme judicial court, shall hold any other office or place, governor, under the authority of this Commonwealth, except such as by this constitution they are admitted to hold, saving that See amendments, 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 subject. 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. offices. VIII. No person holding the office of judge of the supreme Incompatible judicial court-secretary-attorney-general-solicitor-general-treasurer or receiver-general-judge of probate-See awendments, commissary-general-president, professor or instructor of Harvard College-sheriff-clerk of the house of representatives-register of probate-register of deeds-clerk of the Same subject. Bribery, &c., op cation. 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. And the same rule shall take place in case any judge of 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 erates disqualif- the legislature, or any office of trust or importance under 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. Value of money perty qualifications. III. In all cases where sums of money are mentioned in ascertained. Pro- this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce; and it See amendments, shall be in the power of the legislature, from time to time, to increase such qualifications, as to property, of the persons to be elected to offices, as the circumstances of the Commonwealth shall require. Art. XIII. Provisions respecting commissions. Provisions respecting writs. Continuation of cept, &c. IV. All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the governor, 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, former laws, ex- used and approved, in the Province, Colony or State of Massachusetts Bay, and usually practiced 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. Benefit of habeas except, &c. VII. The privilege and benefit of the writ of habeas corpus secured, corpus shall be enjoyed in this Commonwealth, in the most free, easy, cheap, expeditious and ample manner; and shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months. style. VIII. The enacting style, in making and passing all acts, The enacting statutes and laws, shall be "Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same." government con IX. To the end there may be no failure of justice, or officers of former danger arise to the Commonwealth, from a change of the inued until, &c. form of government, all officers, civil and military, holding commissions under the government and people of Massachusetts Bay, in New England, and all other officers of the said government and people, at the time this constitution shall take effect, shall have, hold, use, exercise and enjoy all the powers and authority to them granted or committed, until other persons shall be appointed in their stead; and all courts of law shall proceed in the execution of the business of their respective departments; and all the executive and legislative officers, bodies and powers, shall continue in full force, in the enjoyment and exercise of all their trusts, employments and authority, until the general court, and the supreme and executive officers under this constitution, are designated and invested with their respective trusts, powers and authority. vising constitu X. In order the more effectually to adhere to the prin- Provision for reciples of the constitution, and to correct those violations tion. which by any means may be made therein, as well as to form such alterations as from experience shall be found necessary, the general court, which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the selectmen of the several towns, and to the assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations, for the purpose of collecting their sentiments on the necessity or expediency of revising the constitution, in order to amendments. And if it shall appear, by the returns made, that two- Same subject. thirds of the qualified voters throughout the State, who shall assemble and vote in consequence of the said precepts, are in favor of such revision or amendment, the general court shall issue precepts, or direct them to be issued from the secretary's office, to the several towns, to elect delegates to meet in convention for the purpose aforesaid. The said delegates to be chosen in the same manner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen. Provision for pre serving and pub stitution. XI. This form of government shall be enrolled on parchlishing this con- ment, and deposited in the secretary's office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of this Commonwealth, in all future editions of the said laws. Bill, &c., not approved within five gislature adjourn ARTICLES OF AMENDMENT. ART. I. If any bill or resolve shall be objected to, and days, not to be not approved by the governor; and if the general court shall come a law, if le- adjourn within five days after the same shall have been laid in the mean time. before the governor for his approbation, and thereby prevent his returning it with his objections, as provided by the constitution, such bill or resolve shall not become a law, nor have force as such. General court charter cities. ART. II. The general court shall have full power and empowered to authority to erect and constitute municipal or city governments, in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the constitution, as the general court shall deem necessary or expedient for the regulation and government thereof, and to prescribe the manner of calling and holding public meetings of the inhabitants in wards or otherwise, for the election of officers under the constitution, and the manner of returning the votes given at such meetings: provided, that no such government shall be erected or constituted in any town not containing twelve thousand inhabitants; nor unless it be with the consent, and on the application, of a majority of the inhabitants of such town, present and voting thereon, pursuant to a vote at a meeting duly warned and holden for that purpose; and provided, also, that all by-laws, made by such municipal or city government, shall be subject, at all times, to be annulled by the general court. Proviso. Qualifications of nor, lieutenantgovernor, senators and repre ART. III. Every male citizen of twenty-one years of age voters for got and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the Commonwealth sentatives. 11 one year, and within the town or district, in which he may See amendments, claim a right to vote, six calendar months next preceding any election of governor, lieutenant-governor, senators or Pick. 538. Arts. XX. and representatives, and who shall have paid, by himself or his parent, master or guardian, any state or county tax, which shall, within two years next preceding such election, have been assessed upon him, in any town or district of this Commonwealth; and also, every citizen who shall be by law exempted from taxation, and who shall be in all other respects qualified as above mentioned, shall have a right to vote in such election of governor, lieutenant-governor, senators and representatives; and no other person shall be entitled to vote in such elections. how appointed ART. IV. Notaries public shall be appointed by the gov- Notaries public, ernor, in the same manner as judicial officers are appointed, and removed. and shall hold their offices during seven years, unless sooner removed by the governor, with the consent of the council, upon the address of both houses of the legislature. offices of secreta &c. In case the office of secretary or treasurer of the Com- Vacancies in the monwealth shall become vacant from any cause, during the ry and treasurer, recess of the general court, the governor, with the advice how filled in case, and consent of the council, shall nominate and appoint, See amendments, under such regulations as may be prescribed by law, a competent and suitable person to such vacant office, who shall hold the same until a successor shall be appointed by the general court. eral may be ap Whenever the exigencies of the Commonwealth shall Commissary-genrequire the appointment of a commissary-general, he shall pointed, in case, be nominated, appointed and commissioned, in such manner as the legislature may, by law, prescribe. &c. how removed. All officers commissioned to command in the militia, may Militia officers, be removed from office in such manner as the legislature may, by law, prescribe. ART. V. In the elections of captains and subalterns of who may vote the militia, all the members of their respective companies, subalterns. for captains and as well those under as those above the age of twenty-one years, shall have a right to vote. ART. VI. Instead of the oath of allegiance prescribed by oath to be taken the constitution, the following oath shall be taken and sub- by all officers; scribed by every person chosen or appointed to any office, civil or military, under the government of this Commonwealth, before he shall enter on the duties of his office, to wit: "I, A. B., do solemnly swear, that I will bear true faith and allegiance to the Commonwealth of Massachusetts, and will support the constitution thereof. So help me, God." |