officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices.

power of par

SEC. 11. He shall have power, with the advice and con- To have the sent of the Council, to remit, after conviction, all forfeitures doning. and penalties, and to grant reprieves and pardons, except in

cases of impeachment.

To see that the

SEC. 12. He shall take care that the laws be faithfully laws are exeexecuted.

cuted.

adjourn them

SEC. 13. He may, on extraordinary occasions, convene To convene the the Legislature; and in case of disagreement between the Legislature on extraordinary two Houses with respect to the time of adjournment, adjourn occasions and them to such time, as he shall think proper, not beyond the in case of disaday of the next annual meeting; and if, since the last ad-greement. journment, the place where the Legislature were next to convene shall have become dangerous from an enemy or contagious sickness, may direct the session to be held at some other convenient place within the State.

Vacancy how

SEC. 14. Whenever the office of Governor shall become vacant by death, resignation, removal from office, or other-supplied. wise, the President of the Senate shall exercise the office of Governor until another Governor shall be duly qualified; and in case of the death, resignation, removal from office or other disqualification of the President of the Senate, so exercising the office of Governor, the Speaker of the 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

proclamation convene the Senate, that a President may be 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.

ARTICLE V.-PART SECOND.

COUNCIL.

SEC. 1. There shall be a Council, to consist of seven per- Cour cil to consons, citizens of the United States, and residents of this State, sist of seven. to advise the Governor in the executive part of government, whom the Governor shall have full power, at his discretion, to assemble; and he, with the Counsellors, 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. SEC. 2. The Counsellors shall be chosen annually, on the Counsellors first Wednesday of January, by joint ballot of the Senators and Representatives in Convention; and vacancies, which hall afterwards happen, shall be filled in the same manner;

how chosen.

Journal to be

proceedings.

but not more than one Counsellor 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.

Sec. 3. The resolutions and advice of Council shall be rekept of their corded in a register, and signed by the members agreeing thereto, which may be called for by either House of the Legislature; and any Counsellor may enter his dissent to the resolution of the majority.

Persons dis

qualified to be Counsellors.

SEC. 4. No member of Congress, or of the Legislature of this State, nor any person holding any office under the United States, (post officers excepted) nor any civil officers under this State. (Justices of the Peace and Notaries Public excepted) shall be Counsellors. And no Counsellor shall be pointed to any appointed to any office during the time for which he shall have been elected.

Not to be ap.

uffice.

Secretary how

cbosen.

To keep the

records of the State.

To attend the
Governor and
Council.

And to keep

the records of the govern

iment.

Treasurer how chosen; ineli

ARTICLE V.-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.

SEC. 2. The records of the State shall be kept in the of fice of the Secretary, who may appoint his deputies, for whose conduct he shall be accountable.

SEC. 3. He shall attend the Governor and Council, Senate and House of Representatives, in person or by his deputies, as they shall respectively require.

SEC. 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 required by law.

ARTICLE V.-PART FOURTH.

TREASURER.

SEC. 1. The Treasurer shall be chosen annually, at the gible for more first session of the Legislature, by joint ballot of the Senators, than five years and Representatives in Convention, but shall not be eligible more than five years successively.

in succession.

SEC. 2. The Treasurer shall, before entering on the duties To give bond. of his office, give bond to the State with sureties, to the satisfaction of the Legislature, for the faithful discharge of his

Not to engage

trade, &c.

trust.

SEC. 3. The Treasurer shall not, during his continuance in in business of office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader. No money to SEC. 4. No money shall be drawn from the Treasury, but by warrant,&c. by warrant from the Governor and Council, and in conse

be drawn but

quence 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.

ARTICLE VI.

JUDICIAL POWER.

SEC. 1. The Judicial power of this State shall be vested in Supreme and a Supreme Judicial Court, and such other courts as the Le-other Courts. gislature shall from time to time establish.

SEC. 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.

Compensation.

To give opin

ion

SEC. 3. They shall be obliged to give their opinion upon to on querimportant questions of law, and upon solemn occasions, when tions of law to required by the Governor, Council, Senate or House of &c. Representatives.

the Governor,

dicial offices.

SEC. 4. All Judicial officers, except Justices of the Peace, Tenure of Jushall hold their offices during good behaviour, but not beyond

the age of seventy years.

Peace and No

SEC. 5. Justices of the Peace and Notaries Public, shall Justices of the hold their offices during seven years if they so long behave taries." themselves well, at the expiration of which term they may be re-appointed or others appointed, as the public interest may

require,

preme Judicial

SEC. 6. The Justices of the Supreme Judicial Court shall Justices of Suhold no office under the United States, nor any State, nor Court to hold any other office under this State, except that of Justice of the Peace.

ARTICLE VII.

MILITARY.

no other office.

whom elected.

SEC. 1. The captains and subalterns of the Militia shall officers-by 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 Brigadier Generals in like manner, by the field officers of their respective brigades.

Notify elect

SEC. 2. The Legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and mak- ors, &c. ing 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.

eral. &c. Major

SEC. 3. The Major Generals shall be elected by the Sen-Adjutant Gen ate and House of Representatives, each having a negative on Generals, &c. 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 Quarter

of the Militia.

master 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.

SEC. 4. The Militia, as divided into divisions, brigades, Organization regiments, battalions, and companies, pursuant to the laws now in force, shall remain so organized, until the same shall be altered by the Legislature.

Persons who

may be exempt

ry duty.

SEC. 5. Persons of the denominations of Quakers and Shakers, Justices of the Supreme Judicial Court and Minised from Milita- ters 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.

Legislature to require of

port public schools.

May endow colleges, &c.

ARTICLE VIII.

LITERATURE.

A general diffusion of the advantages of education being towns to sup- 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 established, 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.

Proviso.

Oaths and subscriptions.

ARTICLE IX.

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 :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 person shall be conscientiously scrupulous of taking and subscribing an oath.

The oaths or affirmations shall be taken and subscribed by Before whom the Governor and Counsellors before the presiding officer of to be taken, the Senate, in 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 persons 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.

qualified to be members of the Legislature.

SEC. 2. No person holding the office of Justice of the Su- Persons dispreme 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 ac- From holding cepting a seat in the Congress of the United States, shall office. 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.

more than one

Commissions.

nesday of Jan

SEC. 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. SEC. 4. And in case the elections, required by this Con- Elections on stitution on the first Wednesday of January annually, by the first Wed the two Houses of the Legislature, shall not be completed on uary may be adjourned that day, the same may be adjourned from day to day, until from day to completed, in the following order: the vacancies in the Sen-day. ate 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.

removed by

or address.

SEC. 5. Every person holding any civil office under this Every civil of State, may be removed by impeachment, for misdemeanor in ficer may be office; and every person holding any office, may be removed impeachment by the Governor with the advice of the Council, 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 the person in office, that he may be admitted to a hearing in his defence. SEC. 6. The tenure of all offices, which are not or shall Tenure of of

fice.