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CHAPTER III.

JUDICIARY POWER.

Art. I. THE tenure that all commiffion officers shall by law have in their offices shall be expressed in their respective commissions. All judicial officers, duly appointed, commiffioned and sworn, shall hold their offices during good behaviour, excepting such concerning whom there is different provision made in this constitution: provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.

II. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.

III. In order that the people may not suffer from the long continuance in place of any justice of the peace who shall sail of discharging the important duties of his office with ability or fidelity, all commiffions of justices of the peace shall expire and become void in the term of seven years from their respective dates; and upon the expiration of any commiffion, the same may, if necessary, be renewed, or another person appointed, as shall 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 such place or places, on fixed days, as the convenience of the people shall require. And the legislature shall, from time to time, hereafter appoint such times and places; until which appointments, the said courts shall be holden at the times and places which the respective judges shall direct.

V. All causes of marriage, divorce and alimony, and all appeals from the judges of probate shall be heard and determined by the governor and council, until the legislature shall by law make other provision.

CHAPTER IV.

DELEGATES to CONGRESS.

THE delegates of this commonwealth to the Congress of the United States shall, some time in the month of June annually,

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be elected by the joint ballot of the senate and house of representatives, assembled together in one rcom, to serve in Congress for one year, to commence on the firit Monday in November then next ensuing. They shall have commiffions under the hand of the governor, and the great seal of the commonwealth; but may be recalled at any time within the year, and others chosen and commiffioned, in the same manner, in their stead.

CHAPTER V.

The University at Cambridge, and Encouragement of Literature,

&c. .

Section I.
The UNIVERSITY.

Art. I. WHEREAS our wise and pious ancestors, so early as the year one thousand six hundred and thirty-six, laid the foundation of Harvard College, in which university many persons of great eminence have, by the bleffing of God, been initiated in those arts and sciences which qualisied (hem for public employments, both in church and state: And whereas the encouragement of arts and sciences, 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 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 sellows 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, gists, grants, devises of houses, lands, tenements, goods, chattels, iegacies and conveyances, heretofore made, either to Harvard College, in Cambridge, in New.England, or to the president and sellows of Harvard College, or to the said college, by some other description, under several charters succeffively: It is declared, that all the said gists, grants, devises, legacies, and conveyances, arc hereby forever confirmed unto the president

and and sellows 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 (hall be deemed their successors; who, with the president of Harvard College for the time being, together with the ministers of the congregational 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 iirany way appertaining, to theoverseers 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 ths interest of the republic of letters, in as sull a manner as might have been done by the legislature of the late province of the Massachusetts-Bay.

Chap. V. Sect. II. *>

The Encouragement of Literature. 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 ort 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 the legislatures and magistrates, in all suture periods of this commonwealth, to cherish the interests of literature and the sciences, and all seminaries of them ; efc pecially 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, manusactures, 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 humour, and all social affections, and generous sentiments among the people. * . CHAPCHAPTER VI.

Oaths and Subscriptions; Incompatibility of and Exclusion from Offices; Pecuniary Qualifications; Commifiions; Writs; Confirmation of Laws; Habeas Corpus; The Enacting Style; Continuance of Officers; Provision for a future Revisal of the Constitution, &c,

Art. I. Any person chosen governor, or lieutenant-governor, councillor, senator, or representative, and accepting the trusts shall, before he proceed to execute the duties of his place or ofsice, 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 5 and that I am seized 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 eleaed."

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 fiistelected under this constitution, before the president and five of rhe 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 commiffioned 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.

"I, A. B. do truly and sincerely acknowledge, prosess, testify and declare, that the commonwealth of Massachusetts is, and of right ought to be, a free, sovereign, and independent state; and 1 do swear, that I will bear true saith and allegiance to the said commonwealth, and that I will desend the same against traitorous conspiracies and all hostile attempts whatsoever: And that I do renounce and abjure all allegiance, suDjtctioni and obedience, to the king,- queen, or government ps 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-emiG Hence, nence, authority, dispensing or other power, in any matter, civil, ecclesiastical or spiritual, within this commonwealth, except the authority or power which is or may be vested by their constituents in the Congress of the United States. And I do surther 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 asfirmation; and that I do make this acknowledgement, profeffion, 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."

"I, A. B. do solemnly swear and affirm, that I will saithsully 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 this 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, " 1 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 more than one of the following offices within this, state,

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