the day next preceding the last Wednesday in May; and in the recess of the General Court, to prorogue them from time to time, not exceeding ninety days in any one recess; and to call them together sooner than the time to which they may be adjourned or prorogued; and, in case any infectious distemper, or any other dangerous cause shall require it, may direct the session to be held at some other, the most convenient place.

The Governour is commander in chief of the military force of the State by sea and land; but cannot transport any of the inhab itants by sea, or oblige them to march out of the limits of the State, without the consent of the General Court, or their own, except where this may be demanded for the defence of some part of the State.

The Governour is empowered to pardon offences, to nominate all judicial officers, the Attorney-General, Solicitor-General, sheriffs, coroners, and registers of Probate; and, by and with the advice and consent of the Counsel, to appoint them. He also commissions all military officers; and, with the advice of Council, appoints all officers in the army of the United States, who are to be appointed by this Commonwealth.

No monies are to be issued out of the Treasury of the Commonwealth, except sums appropriated for the redemption of bills of credit, or Treasurer's notes, or for payment of interest arising thereon, but by warrant under the hand of the Governour for the time being, with the advice and consent of the Council, agreeably to the acts and resolves of the General Court.

The Governour is to have an honourable stated salary, of a permanent value, amply sufficient, and established by standing laws.

The Lieutenant-Governour is elected in the same manner as the Governour, is always a member of the Council, except when the chair of the Governour is vacant, and then he is vested with all the powers, and performs all the duties of the Governour.

Nine Councillours are annually chosen among the persons returned for Senators, on the last Wednesday in May, by the joint ballots of the Senators and Representatives, assembled in one room. If the persons thus chosen, or any of them, decline, the

deficiency is to be made up from among the people at large. The Councillours rank next after the Lieutenant-Governour. Their business is to advise the Governour in the executive part of government.

Not more than two Councillours can be chosen out of any one District.

The resolutions and advice of the Councillours are recorded in a register, and signed by the members present. 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 will of the majority.

If both the offices of Governour and Lieutenant-Governour are vacant, the Council succeed to their powers.

No man can hold the office of Treasurer more than five years. The courts in this State are substantially the same with those in Connecticut.

Justices of the Supreme Judicial Court, and of the Courts of Common Pleas, and Judges of Probate, hold their offices during good behaviour. The judges of the Supreme court are by the constitution to have, and actually have at the present time, honourable salaries, which cannot be diminished during their continuance in office.

The State is by the constitution obliged to uphold and encourage the University of Cambridge; and to cherish the interests of literature and the sciences, and all seminaries in which they are taught.

Such is the substance of the constitution, or rather of the most important parts of the constitution, upon which the Government of Massachusetts is founded. It is prefaced by a Declaration of Rights, containing most of those general principles, which the ablest jurists have agreed upon as essential to a free government, included in thirty articles. Among them is this declaration: "The people have a right to keep and bear arms for the common defence."

The provisions in this constitution are few, and in that respect are a proof of wisdom in the framers; for they are probably most VOL. IV.

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or all that are necessary. Generally, also, they are very good in themselves. There is, however, one of them which is singularly unhappy that which establishes the ratio of representation.

The number of representatives is greater than that of the imperial parliament of Great-Britain and Ireland, falling little short of seven hundred. Nothing can be more preposterous than to assemble such an enormous multitude of men, to deliberate on the interests of seven hundred thousand inhabitants. This is exceedingly regretted by the people of the State, but cannot be altered until party spirit shall have fallen from its present height.

The Laws of this state are generally similar in their substance to those of Connecticut. In the following letter I shall mention a few of its institutions, and am, Sir, yours, &c.

LETTER II.

Laws relative to Søhools and the qualifications of School-masters; concerning the maintenance of ministers and the establishment of public worship-Early laws for the support of Harvard College-Crimes punished by death-Militia.

Dear Sir,

THE system of Massachusetts concerning Schools, is the following.

Every town or district in the state, containing fifty householders, is required to provide a school-master to teach children to read and write, and to instruct them in the English language, and Arithmetic, six months in each year. If a town or district contain one hundred householders, twelve months: if one hundred and fifty, one school six months for writing, arithmetic and orthography, and for the English language, one school twelve months. If two hundred householders, a grammar school-master, well instructed in the Latin, Greek, and English languages, and an English school-master, each twelve months.

The towns establish the school districts. The select-men determine on the qualifications which fit the children to enter into the grammar schools.

All instructors of the university, colleges, academies and schools, and all private instructors, are required to take diligent care and exert their best endeavours to impress on the minds of children and youth committed to their care, the principles of piety, justice, and a sacred regard to truth, love to their country, humanity, and universal benevolence, sobriety, industry, and frugality, chastity, moderation, and temperance, and all other virtues; and to show them the tendency of these virtues, to secure the blessings of liberty, and the tendency of the opposite vices to slavery and ruin. School-masters of grammar schools must have received an education at some college or university; must produce a certificate from a learned minister well skilled in the Greek and Latin languages, or from two such ministers in the vi

cinity, that they have reason to believe him well qualified to discharge the duties of his office, and a certificate from the minister of the place where he belongs, or from the select-men of the town, or from the committee of the parish, that to the best of his, or their knowledge he sustains a good moral character. This certificate is unnecessary to a person who is to keep school in his native place; but the select-men or committee are in this case required specially to attend to his morals.

If a town or district of fifty householders neglect this duty, they are fined £10; if of one hundred householders, £20; if of one hundred and fifty householders, £30; if of two hundred, for neglect of grammar school £30; and for partial neglects proportional fines are inflicted. These penalties are to be appropriated by the court of sessions for the county to which the deficient town or district belongs, according to their discretion.

The ministers and select-men, or other persons specially chosen for the purpose in the towns or districts, are required to use their best endeavours that the children regularly attend the schools, and to visit them once in every six months at least.

With respect to other schools not contemplated in these provisions, it is enacted that no person shall be a master or mistress of any school, and keep the same, without obtaining a certificate as above, under a penalty of twenty shillings. The duty of every such master or mistress is also made the same in substance as above.

If a person who is not a citizen, shall keep a school in the Commonwealth for one month, he shall be subjected to a fine of

£20.

Grand Jurors are diligently to inquire and presentment make of all breaches and neglects of this law.

This is in the main an excellent law. It is questionable, however, whether the number of grammar schools provided for is not greater than necessity or even convenience requires. It would also have been better if no person beside a native American had been permitted to keep a school. Such shoals of foreigners have, since the enaction of this law, been naturalized, that the present exclusion is little more than a dead letter.