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 first session of the legislature, by joint ballot of the senators, and representatives in convention, but shall not be eligible more than five years successively.

SEC. 2. The treasurer shall, before entering on the duties of his office, give bond to the state with sureties, to the satisfaction of the legislature, for the faithful discharge of his trust.

SEC. 3. The treasurer shall not, during his continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader.

SEC. 4. No money shall be drawn from the treasury, but by warrant from the governor and council, and in consequence of appropriations made by law; and a regular statement and account of the receipts and expendi tures 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 a supreme judicial court, and such other courts as the legislature 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.

SEC. 3. They shall be obliged to give their opinions upon important questions of law, and upon solemn occasions, when required by the governor, council, senate or house of representatives.

SEC. 4. [All judicial officers, except justices of the peace, shall hold their offices during good behavior, but not beyond the age of seventy years.]

SEC. 5. Justices of the peace and notaries public, shall hold their offices during seven years, if they so long behave themselves well, at the expiration of which terin, they may be reappointed or others appointed, as the public interest may require.

SEC. 6. The justices of the supreme judicial court shall hold no office under the United States, nor any state, nor any other office under this state, except that of justice of the peace.

ARTICLE VII.

MILITARY.

SEC. 1. The captains and subalterns of the militia shall 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.

SEC. 2. The legislature shall, by law, direct the manner of notifying the electors, conducting the elections, and making 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.

SEC. 3. The major generals shall be elected by the senate and house of representatives, each having a negative on 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-master general, until otherwise directed by law. The major generals and brigadier generals, and the commanding officers of regiments and battalions shall

*Altered. See amendments.

appoint their respective staff officers; and all military officers shall be commissioned by the governor.

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

SEC. 5. Persons of the denominations of quakers and shakers, justices of the supreme judicial court and ministers 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.

ARTICLE VIII.

LITERATURE.

A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the legis lature 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 intitution now established, or which may hereafter be established, unless, at the time of making such endowment, the legis lature 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.

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 commissoned to any judicial, executive, military or other oflice 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: "I 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

on me as

do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent 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 the governor and councilors before the presiding officer of 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 councilor shall not be able to attend during the session of the legislature to take and subscribe said oaths or aflirmations, 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.

SEC. 2. No person holding the office of justice of the supreme 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 accepting a seat in the congress of the United States, shall 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.

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 constitution on the [*first Wednesday of January] annually, by the two houses of the legislature, shall not be completed on that day, the same may be adjourned from day to day, until completed, in the following order: the vacancies in the senate 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.

SEC. 5. Every person holding any civil office under this state, may be removed by impeachment, for misdemeanor in office; and every person holding any office, may be removed 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 defense.

SEC. 6. The tenure of all offices, which are not or shall not be otherwise provided for, shall be during the pleasure of the governor and council.

SEC. 7. While the public expenses shall be assessed on polls and estates, a general valuation shall be taken at least once in ten years.

*Altered. See amendments.