« PreviousContinue »
ted, 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.
X. In order the more effectually to adhere to the principles of the constitution, and to correct those violations 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-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 maniner and proportion as their representatives in the second branch of the legislature are by this constitution to be chosen.]
XI. This form of government shall be enrolled on parchment, 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.
ARTICLES OF AMENDMENT. Art. 1. If any bill or resolve shall be objected to and not approved by the governor, and if the general court shall adjourn within five days after the same shall have been laid 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.
Art. 2. The general court shall have full power and 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.
Art. 3. Every male citizen, of twenty-one years of age and upwards, (excepting paupers and persons under guardianship,) who shall have resided within the Commonwealth one year, and within the town or district, in which he may claim a right to vote, six calendar months next preceding any election of governor, lieutenant governor, senators or 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.
ART. 4. Notaries public shall be appointed by the governor, in the same manner as judicial officers are appointed, 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.
In case the office of secretary or treasurer of the Commonwealth shall become vacant from any cause, during the recess of the General Court, the governor, with the advice and consent of the Council, shall nominate and appoint, 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.
Whenever the exigencies of the Commonwealth shall require the appointment of a commissary general, he shall be nominated, appointed and commissioned, in such manner as the legislature may, by law, prescribe.
All officers commissioned to command in the militia, may be removed from office in such manner as the legislature may, by law, prescribe.
Art. 5. In the elections of captains and subalterns of the militia, all the members of their respective companies, as well those under, as those above the age of twenty-one years, shall have a right to vote.
Art. 6. Instead of the oath of allegiance prescribed by the constitution, the following oath shall be taken and subscribed 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.”
Provided, That when any person shall be of the denomination called Quakers, and shall decline taking said oath, he shall make his affirmation in the fore. going form, omitting the word “ swear,” and insert. ing, instead thereof, the word " affirm,” and omitting the words of so help me God," and subjoining, instead thereof, the words “ this I do under the pains and penalties of perjury.”
Art. 7. No oath, declaration or subscription, excepting the oath prescribed, in the preceding article,
and the oath of office, shall be required of the governor, lieutenant governor, counsellors, senators, or representatives, to qualify them to perform the duties of their respective offices.
Art. 8. No judge of any court of this commonwealth, (except the court of sessions,) and no person holding any office under the authority of the United States, (postmasters excepted) shall, at the same time, hold the office of governor, lieutenant gover. nor, or counsellor, or have a seat in the senate, or house of representatives of this Commonwealth ; and no judge of any court in this Commonwealth, (except the court of sessions,) nor the attorney-general, solicitor-general, county-attorney, clerk of any court, sheriff, treasurer and receiver-general, register of probate, nor register of deeds, shall continue to hold his said office after being elected a member of the congress of the United States, and accepting that trust; but the acceptance of such trust, by any of the officers aforesaid, shall be deemed and taken to be a resignation of his said office; and judges of the courts of common pleas shall hold no other office under the government of this Commonwealth, the office of justice of the peace and militia offices excepted.
Art. 9. If, at any time hereafter, any specific and particular amendment or amendments to the constitution be proposed in the general court, and agreed to by a majority of the senators and twothirds of the members of the house of representa. tives, present and voting thereon, such proposed amendment or amendments shall be entered on the journals of the two houses, with the yeas and nays taken thereon, and referred to the general court