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House of Representatives shall exercise the office, until a President of the Senate shall have been chosen ; and when the office of Governor, President of the Senate, and Speaker of the House shall become vacant, in the recess of the Senate, the person acting as Secretary of State for the time being shall, by proclamation, convene the Senate, that a President maybe chosen to exercise the office of Governor. And whenever either the President of the Senate or Speaker of the House shall so exercise said office, he shall receive only the compensation of Governor, but his duties as President or Speaker shall be suspended; and the Senate or House shall fill the vacancy, until his duties as Governor shall cease.
PART SECOND.- --Council. Sec. 1. There shall be a Council, to consist of seven persons, citizens of the United States, and residents of this State, to advise the Governor in the executive part of the government, whom the Governor shall have full power, at his discretion, to assemble; and he, with the counselors, or a majority of them, may, from time to time, hold, and keep a council, for ordering and directing the affairs of State according to law.
2. The counselors shall be chosen annually, on 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 counselor 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.
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 counselor may enter his dissent to the resolution of the majority.
4. No member of Congress, or of the Legislature of this State, nor any person holding any office under the United States, (post of ficers excepted,) nor any civil officers under this State, (justices of the peace and notaries public excepted,) shall be counselors. And no counselor shall be appointed to any office during the time for which he shall have been elected.
PART THIRD. Secretary Sec. 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.
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.
3. He shall attend the Governor and Council, Senate and House of Representatives, in person, or by his deputies, as they shall respectively require.
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 aequired by law.
-Treasurer. Sec. 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.
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. 3. The Treasurer shall not, during his continuance in office, enany
business of trade or commerce, or as a broker, nor as an agent or factor for
any merchant or trader. 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.
Judicial Power. Sec. 1. The judicial power of this state shall be vested in a Supreme Judicial Court, and such other courts as the Legislature shall, from time to time, establish.
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.
3. They shall be obliged to give their opinion upon important questions of law, and upon solemn occasions, when required by the Governor, Council, Senate, or House of Representatives.
4. All judicial officers, except justices of the peace, shall hold their offices during good behavior, but not beyond the age of seventy years.
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 re-appointed, or others appointed, as the public interest may require.
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.
Military. Sec. 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 brigadiergenerals, in like manner, by the field officers of their respective brigades.
2. The Legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making the 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.
3. The major-general 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 quartermaster-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.
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.
5. Persons of the denomination 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.
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 estab
lished, 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 institution, as shall be judged necessary to promote the best interests thereof.
General Provisions. Sec. 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.” “ I,
do swear, that I will faithfully discharge, to the best of my
abilities, the duties incumbent on me as -, 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 persons shall be conscientiously scrupulous of taking and subscribing an oath.
The oaths or affirmations shall be taken and subscribed by the Governor and counselors before the presiding officer of the Senate, sin 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 person 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.
2. No person holding the office of justice of the Supreme Judicial Court, or of any inferior court, attorney-general, county attorney, treasurer of the State, adjutant-general, judge of probate, register of probate, register of deeds, sheriffs or their deputies, clerks of the judicial courts, shall be a member of the Legislature; and any person holding either of the foregoing offices, elected to and accepting a seat in the Congress of the United States, shall thereby vacate said office; and no person shall be capable of holding or exercising, at the same time, within this State, more than one of the offices before mentioned
3. All commissions shall be in the name of the State, signed by the Governor, attested by the Secretary or his deputy, and have the seal of the State thereto affixed.
4. And in case the elections required by this Constitution on the first Wednesday of January, annually, by the two houses of the Legislature, shall not be completed on that day, the same may be adjourned from day to day until completed, in the following order: the vacancies in the Senate shall first be filled ; the Governor shall then be elected, if there be no choice by the people ; and, afterwards, the two houses shall elect the Council.
5. Every person holding any civil office under this State may be removed, by impeachment, for misdemeanor in office; and every person holding any office may be removed by the Governor, with the advice of the Couneil
, on the address of both branches of the Legislature. But, before such address shall pass either house, the causes of removal shall be stated and entered on the journal of the house in which it originated, and a copy thereof served on
in office, that he may be admitted to a hearing in his defense.
6. The tenure of all offices, which are not or shall not be otherwise provided for, shall be during the pleasure of the Governor and Council.
7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years.
8. All taxes upon real estate, assessed by authority of this State, shall be apportioned and assessed equally, according to the just value thereof.
Schedule SEC. 1. The first Legislature shall meet on the last Wednesday in May next. The elections on the second Monday in September, annually, shall not commence until the year one thousand eight hundred and twenty-one, and, in the meantime, the election for Governor, senators and representatives, shall be on the first Monday in April, in the year of our Lord one thousand eight hundred and twenty, and at this election the same proceedings shall be had as are required at the elections provided for in this Constitution, on the second Monday in September, annually, and the lists of the votes for the Governor and senators shall be transmitted by the town and plantation clerks, respectively, to the Secretary of State pro tempore, seventeen days at least before the last Wednesday in May next; and the President of the Convention shall, in presence of the Secretary of State, pro tempore, open and examine the attested copies of said lists, so returned for senators, and shall have all the powers, and be subject to all the duties in ascertaining, notifying, and summoning the senators who appear to be elected, as the Gov. ernor and Council have, and are subject to, by this Constitution: provided, he shall notify said senators fourteen days at least before