Page images

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 for ever afterwards before the governor and council for the time being, and by the residue of the officers aforesaid, before such persons and in fuch manner as from time to time shall be prescribed by the legislature.

[blocks in formation]

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 faid 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 falary 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, viz. 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 country, military offices and the offices of justices of the peace excepted, shall be held by one perion.

No person holding the office of judge of the Supreme Judicial Court, secretary, attorney-general, solicitor-general, treasurer, or receiver-general, judge of probate, commillary-general; president, profeffor, or inftru&tor of Havard College; sheriff, clerk of the House of Representatives, register of probate, register of deeds, clerk of the Supreme Judicial Court, clerk of the inferior court of Common Pleas, or officer of the customs, including in this defcription naval oficers, Thall at the saine time have a seat in the Senate or House of Representatives; but their being cho'en or appointed to, and accepting the fame, ih:ll

operate a resignation of their seat in the Senate or House of Representatives, and the place lo vacated shall be


filled up.

And the same rule shll take place in case any judye of the fud Supreme Judicial Court, or judge of probate, shall accept of a feat in cuuncil, or any counsellor shall accept of either of thc!c 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 go. vernment of this Commonwealth, who shall, in the due course of law, have been convicted of bribery or corruption in obtain. ing an election or appointment.



In all cases where fums of money are mentioned in this constitution of qualifications, the value thereof shall be computed in silver, at fix shillings and eight-pence per ounce; and it shall be in the power of the legislature from time to time to increase such qualifications, as to property of the persons to · be elected into offices as the circamstances of the Commonwealth fhall require.


All commissions shall be in the name of the Commonwealth of Massachusetts, signed by the governor, and attested by the fecretary or his deputy, and have the great seal of the Commonwealth affixed thereto.


All writs issuing out of the clerk's ofñce in any of the courts of law shall be in the name of the Commonwealth of Massachufetts; they shall be under the seal of the court from whence they issue; they shall bear test of the first justice of the court to which they shall be returnable who is not a party, and be figned by the clerk of such court.

[blocks in formation]

All the laws which have heretofore been adopted, used and approved in the province, colony or State of Matsachusetts bay, and usually pra&tised 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.

[blocks in formation]

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 Mall not te fuspended by the legislature, except upon the most urgent and pressing occafions, and for a li:nited time not exceeding twelve months.



The enacting file in making and passing all acts, statutes; and laws, shall be, “Be it ena&ed by the Senate and House of Representatives in general court assembled, and by the authority of the fame."


To the end there may be no failure of justice, or danger arise to the Commonwealth from the change of the form of government-all officers, civil and military, holding commissions under the government and people of Massachusetts bay, in NewEngland, and all other officers of the said government and people, at the time this constitution shall take effe&, 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 bufiness of their respective departments; and all the executive and legislative officers, bodies, and powers, fhall 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 respe&ive trusts, powers, and authority,


In order the more effe&tually to adhere to the principles of this 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 select men of the several towns, and to the affeflors 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 precept, are in favour of such revifion and amendment, the general court shall illuc precepts, or direct them to be issued from the secretary's office to the several towns, to elet delegates to meet in convention for the purpole aforesaid. Vol. II,


The faid delegates to be chosen in the same manner and

pros portion as their representatives in the second branch of the le. gislature are by this conftitution to be chosen.



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. *

Before we close the view of this State, it may not be improper to inform the reader, that a Society has of late been instituted in Bofton for the purpole of aiding and affisting those who may Emigrate from Foreign countries. Their obje& is, as they

t expressly declare to advise and inform strangers on their arrival, and to prevent them from ill treatment in consequence of their ignorance of the laws of the Country. The society is conducted on a respectable footing, and has an encreafing fund.-We aro happy to state that it has already been the means of much good among the unfortunate Emigrants,

* Those who wish for a more minute historical account of the rise and progress of this State, are referred to Hutchinson's History of Massachusetts Minot's History of the Insurrection in Maflachusetts-The Publications of the Historical Society, in the American Apollo-Hazard's Historical Collections-Chalmer's Political Annals, and Gough's History of the People called Quakers.

[merged small][merged small][merged small][ocr errors][merged small][merged small]


HIS province, or district, is situated between 439 and 48° north latitude, and 4° and 9 east longitude from Philadelphia ; it is about one hundred and seventy miles in length, and about one hundred and twenty-five miles in breadth. It is bounded on the north by Lower Canada, from which it is separated by the high lands. On the east by a river called St. Croix, and a line drawn due north from the source of the said river to the high lands before mentioned, which separates it from the province of New-Brunswick; but what river is referred to under the name of St. Croix, in the treaty of 1783, which laid the foundation of this boundary line, has long been a subject of dispute between Great Britain and the United States. However, by Mr. Jays treaty in 1794 the two contending parties agreed to settle it by Commissioners to be mutually appointed for the purpose. The French, according to their mode of taking poffeffion always fixed a cross in every river they came to. Almost every river on the coast they discovered, has, therefore, in turn been called La Riviere de Si, Croix.

There are three rivers that empty themselves into the bay of Paffarnaquaddy, the easternmost always called by the native Indians, and French, St. Croix, and the middle one Schoodiac. Before the commencement of the late war, Governor Barnard fent Mr. Mitchell, a surveyor, and several others, to explore the bay of Passamaquaddy, to examine the natives, and to find out which was the true river St. Croix. They did accordingly, and reported it to be the easternmost river, and returned correspondent plans of their survey. At the forming of the treaty of peace, the commissioners had Mitchell's maps: and in áxing the boundary between that part of Nova Scotia now failed New-Brunswick, and the Commonwealth of Massachusetts,

« PreviousContinue »