force, shall be considered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law.] drawn from the except, etc. XI. No moneys shall be issued out of the treasury of Money, how this commonwealth, and disposed of (except such sums as treasury, may be appropriated for the redemption of bills of credit 13 Allen, 593. or treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, with the advice and consent of the council, for the necessary defence and support of the commonwealth; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. Certain appropriations of money from treasury not to be subjects of initiative or referendum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2. boards, etc., to XII. All public boards, the commissary-general, all su- All public perintending officers of public magazines and stores, belong- make quarterly ing to this commonwealth, and all commanding officers of returns. forts and garrisons within the same, shall once in every three months, officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever under their care respectively; distinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and garrisons; and the said commanding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors, adjacent. And the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively. governor. XIII. As the public good requires that the governor Salary of should not be under the undue influence of any of the members of the general court by a dependence on them for his support, that he should in all cases act with freedom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his private concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magistrate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws: and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly. Permanent and honorable salaries shall also be established preme judicial by law for the justices of the supreme judicial court. Salaries of justices of su court. Salaries to be enlarged if insufficient. Compensation of judges not to be the subject of an initiative or referendum petition; see amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2. And if it shall be found that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time, be enlarged, as the general court shall judge proper. Lieutenantgovernor; his title and qualifications. See amend ments, Arts. For change Election by President of council. Lieutenantgovernor a member of, except, etc. Lieutenant governor to be acting governor, in case, etc. See amend CHAPTER II. SECTION II. Lieutenant-Governor. Article I. There shall be [annually] elected a lieutenantgovernor of the commonwealth of Massachusetts, whose title shall be HIS HONOR; and who shall be qualified, in point of [religion,] [property,] and residence in the commonwealth, in the same manner with the governor; and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner; and if no one person shall be found to have [a majority] of all the votes returned, the vacancy shall be filled by the senate and house of representatives, in the same manner as the governor is to be elected, in case no one person shall have [a majority] of the votes of the people to be governor. II. The governor, and in his absence the lieutenantgovernor, shall be president of the council, but shall have no vote in council; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant. III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the commonwealth, or otherwise, the lieutenant-governor, for the time being, ments, Art. LV. shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present. CHAPTER II. SECTION III. Council, and the Manner of settling Elections by the Legislature. Number of eight. ments, Art. Article I. There shall be a council for advising the Council. governor in the executive part of the government, to consist councillors of [nine] persons besides the lieutenant-governor, whom the changed to governor, for the time being, shall have full power and See amendauthority, from time to time, at his discretion, to assemble XVI. and call together; and the governor, with the said councillors, or five of them at least, shall and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, according to the laws of the land. persons whom, and amendments, XIII. amendments, II. [Nine councillors shall be annually chosen from Number; from among the returned for councillors and senators, on how chosen. the last Wednesday in May, by the joint ballot of the sen- Modified by ators and representatives assembled in one room; and in Arts. X and case there shall not be found upon the first choice, the whole Superseded by number of nine persons who will accept a seat in the council, Art. XVI. the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of senators left shall constitute the senate for the year. The seats of If senators bethe persons thus elected from the senate, and accepting the lors, their seats trust, shall be vacated in the senate.] come council to be vacated. councillors. III. The councillors, in the civil arrangements of the Rank of commonwealth, shall have rank next after the lieutenantgovernor. IV. [Not more than two councillors shall be chosen out No district to of any one district of this commonwealth.] Superseded by amendments, Art. XVI. have more than two. council. V. The resolutions and advice of the council shall be Register of recorded in a register, and signed by the members present; and this record may be called for at any time by either house of the legislature; and any member of the council may insert his opinion, contrary to the resolution of the majority. exercise the ernor in case, This article VI. [Whenever the office of the governor and lieutenant- Council to governor shall be vacant, by reason of death, absence, or power of govotherwise, then the council, or the major part of them, shall, etc. during such vacancy, have full power and authority to do, annulled and and execute, all and every such acts, matters, and things, as superseded by the governor or the lieutenant-governor might or could, by Art. LV. amendments, Elections may be adjourned until, etc. Superseded by virtue of this constitution, do or execute, if they, or either of them, were personally present.] VII. [And whereas the elections appointed to be made, by this constitution, on the [last Wednesday in May annually,] by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day until the same shall be completed. And the order of elections shall be as follows: [the vacancies in the senate, if any, shall first be filled up;] the governor and lieutenant-governor shall then be elected, provided there should be no choice of them by the people; and afterwards the two houses shall proceed to the election of the council.] Secretary, etc., by whom and how chosen. For provision as to election of secretary, treasurer and receiver-general, auditor CHAPTER II. SECTION IV. Secretary, Treasurer, Commissary, etc. Article I. [The secretary, treasurer and receiver-general, and the commissary-general, notaries public, and naval officers, shall be chosen annually, by joint ballot of the senators and representatives in one room. And, that the citizens of this commonwealth may be assured, from time to and attorney- time, that the moneys remaining in the public treasury, upon amendmentand the settlement and liquidation of the public accounts, are LXIV, sect. 1. their property, no man shall be eligible as treasurer and general, see Arts. XVII Treasurer ineligible for more than five successive years. Secretary to keep records; to attend the governor and council, etc. receiver-general more than five years successively.] For provision as to appointment of notaries public and the commissary-general, see amendments, Arts. IV and LVII. Treasurer and receiver-general ineligible to election for more than three successive terms. See amendments, Art. LXIV, sect. 2. II. The records of the commonwealth shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be accountable; and he shall attend the governor and council, the senate and house of representatives, in person, or by his deputies, as they shall respectively require. Tenure of all commissioned officers to be CHAPTER III. JUDICIARY POWER. Article I. The tenure, that all commission officers shall by law have in their offices, shall be expressed in their Judicial officers respective commissions. All judicial officers, duly ap expressed. to hold office behavior, ex But may be pointed, commissioned and sworn, shall hold their offices during good during good behavior, excepting such concerning whom there cept, etc. is different provision made in this constitution: provided, removed on nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature. For tenure, etc., of judges, see amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum, III, sect. 2. For retirement of judicial officers, see amendments, Art. LVIII. address. preme judicial opinions when II. Each branch of the legislature, as well as the Justices of sugovernor and council, shall have authority to the opinions of the justices of the supreme judicial upon important questions of law, and upon solemn require court to give court, required. occa- 128 Mass: 687, 561. 600. 557, peace; tenure of their office. 3 Cush. 584. justices of the amendments, sions. III. In order that the people may not suffer from the Justices of the long continuance in place of any justice of the peace who shall fail of discharging the important duties of his office with ability or fidelity, all commissions of justices of the peace shall expire and become void, in the term of seven years from their respective dates; and, upon the expiration For removal of of any commission, the same may, if necessary, be renewed, peace, see or another person appointed, as shall most conduce to the Art. XXXVII. well-being of the commonwealth. IV. The judges of probate of wills, and for granting Provisions for letters of administration, shall hold their courts at such place bate courts. 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. holding pro 12 Gray, 147. divorce, and V. All causes of marriage, divorce, and alimony, and all Marriage, appeals from the judges of probate, shall be heard and alimony. determined by the governor and council, until the legislature visions made shall, by law, make other provision. 116 Mass. 317. Other pro by law. 105 Mass. 327. CHAPTER IV. DELEGATES TO CONGRESS. congress. [The delegates of this commonwealth to the congress of Delegates to the United States, shall, some time in the month of June, annually, be elected by the joint ballot of the senate and house of representatives, assembled together in one room; to serve in congress for one year, to commence on the first Monday in November then next ensuing. They shall have |