allegiance to the commonwealth of Massachusetts ;) that I will faithfully and impartially discharge and perform all the duties incumbent on me, as [a governor of this commonwealth,] according to the best of my abilities and understanding, agreeably to the rules and regulations of the constitution, and 1 that I will not attempt or consent to a violation thereof. So help me God. (From Chapter III. sect. III. art. 8.) [The lieutenant-governor, counsellors, senators, and members of the house of representatives shall, before they enter on the execution of their respective offices, make and subscribe the same declaration, and take the same oath, (mutatis mutandis,) which the governor is directed by this constitution to make, subscribe, and take.] [And every person appointed to any civil or military office of this commonwealth shall, previous to his entering on the execution of his office, make and subscribe the following declaration, (mutatis mutandis,) namely, , I, A B, being appointed do now declare, that I believe and profess the Christian religion, from a firm persuasion of the truth thereof.] [And he shall likewise take an oath of the form following, (mutatis mutandis,)] namely, — [I, A B, do solemnly swear, that I will bear faith and true allegiance to the commonwealth of Massachusetts; that I will faithfully 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 that I will not attempt or consent to a violation thereof. So help me God.] [Provided, notwithstanding, that any person so appointed, who has conscientious scruples relative to taking oaths, may be admitted to make solemn affirmation, under the pains and penalties of perjury, to the truth of the matters contained in the form of the said oath, instead of taking the same.]2 by their constituents in the congress of the United States. And I do further 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 affirmation; and that I do make this acknowledgment, profession, 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.'" 1 "the laws of the commonwealth." 2 "Provided, always, that when any person, chosen or appointed as aforelege, sheriff, clerk of the house of representatives, register of probate, register of II. (From Chapter IV. art. 2.) [No justice of the superior court of judicature, court of assize, and general jail delivery, shall have a seat in the senate or house of representatives.] 1 said, 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 counsellors, 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." The convention of 1820 recommended, and the people adopted, the following, which make the sixth and seventh articles of amendment: "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 foregoing form, omitting the word 'swear,' and inserting. instead thereof, the word 'affirm;' and omitting the words '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." 1 This article was much discussed in the convention, and gradually enlarged and extended, until it embraced the following restrictions: "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, within this state, more than one of the following offices, namely.-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 justice of the peace excepted, shall be held by one person. "No person holding the office of judge of the supreme judicial court, secretary, atte attorney-general, solicitor-general, treasurer or receiver-general, judge of probate, commissary-general, president, professor or instructor of Harvard ColIII. (From Chapter III. sect. II. art. 4.) ["The respective values assigned by the several articles of this constitution to the property necessary to qualify the subjects of this commonwealth to be electors, and also to be elected into the several offices, for the holding of which such qualifications are required, shall always be computed in silver, at the rate of six shillings and eight pence per ounce."] 1 (From Chapter III. sect. II. art. 5.) And it shall be in the power of the legislature, from time to time, to increase such qualifications, 2 of the persons to be elected to offices, as the circumstances of the commonwealth shall require. IV. (From Chapter V. art. 2.) All commissions shall be in the name of the commonwealth of Massachusetts, signed by the deeds, clerk of the 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 counsellor shall accept of either of those offices or places. "And no person shall ever be admitted to hold a seat in 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." This was again modified by the convention of 1820, which prepared the following article of amendment, and the people approved it: Amendment. "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-governor, 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, solicitorgeneral, county attorney, clerk of any court, sheriff, treasurer and receivergeneral, 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." 1 " III. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver, at six shillings and eight pence per ounce." 2 "as to property," This article, with the amendment, is joined to and makes a part of the third or preceding one in the constitution. governor, and attested by the secretary or his deputy, and have the great seal of the commonwealth affixed thereto. V. (From Chapter V. art. 3.) 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 [chief justice, or] first [or senior] justice of the court, to which they shall be returnable, 1 and be signed by the clerk of such court." VI. (From Chapter V. art. 5.) All the [statute] laws [of the province, colony, or state of Massachusetts Bay, the common law, and all such parts of the English or British statutes as] have2 been adopted, used, and approved in the [said] province, colony, or state, 3 and usually practised 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. VII. (From Chapter V. art. 6.) The privilege and benefit of the writ of habeas 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 [short and] limited time, 4 VIII. (From Chapter V. art. 7.) The enacting style, in making and passing all acts, statutes, and laws, shall be: "Be it enacted, by [his excellency the governor,] the senate, and house of representatives, in general court assembled, and by the authority of the same;" [or "By his honor the lieutenant-governor," &c.; or "The honorable the council," &c., as the case may be.] 1 "who is not a party," 3 " of Massachusetts Bay," 2 "which have heretofore" 4 "not exceeding twelve months." VOL. IV. 23 [CHAPTER VII. AND LAST.]1 [Continuance of Officers, &c.] IX. To the end there may be no failure of justice, or danger arise to the commonwealth from a change of the 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 1 This caption was stricken out by the convention, and the article was inserted as the ninth in the sixth chapter. The following wholly new articles were added as the tenth and eleventh: "X. In order the more effectually to adhere to the principles of the constitution, and to correct those violations which by any means shall be made herein, 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 manner 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." One other article was adopted, at the recommendation of the convention of 1820, intended to open the way to further changes, without the necessity of resorting to a special assembly and a general revision. Thus far, in thirty years, under the operation of this rule, only three amendments have been adopted; but |