civil population. In Massachusetts the laws give the power of calling out the militia in cases of riot not only to the Governor but to mayors, sheriffs and the selectmen of towns as well.[1] Martial law can be applied to civilians in Massachusetts only by vote of the Legislature, and this restriction is found in the constitutions of only two other States, namely New Hampshire and South Carolina.[2] It is, nevertheless, a safeguard that all the States might well adopt. A power left to the discretion of two representative bodies of the people is much less apt to be abused than one dependent upon the decision of a single man.
In the last chapter of the Constitution it was further provided that the writ of habeas corpus shall only be suspended by the Legislature upon the most urgent and pressing occasions, and for a time not exceeding twelve months.[3]
(2) The Removal of Judges by Address
Under the Massachusetts Constitution judges are appointed for life. Great stress was laid by Mr. Adams in the Convention, on the importance of this method of tenure for judges and it was finally adopted. While all the State officers, including judges, can be removed under the Constitution by impeachment, there is a particular provision, and a very interesting one, providing that judges can be removed by the Governor on address of the two Houses of the Legislature with the consent of the Council. This broad power of removal by address although long existent in England is so unusual in this country and so important that it requires a detailed explanation.[4]
