the votes returned, the choice fhall be by them declared and publifhed: But if no perfon fhall have a majority of votes, the houfe of reprefentatives fhall, by ballot, elect two out of four perfons who had the highest number of votes, if so many fhall have been voted for; but, if otherwife, out of the number voted for; and make return to the fenate of the two perfons fo elected which the fenate fhall proceed, by ballot, to elect one, who fhall be declared governor.

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IV. The governor fhall have authority, from time to time, at his difcretion, to affemble and call together the councillors of this commonwealth for the time being; and the governor, with the faid councillors, or five of them at leaft, fhall, and may, from time to time, hold and keep a council, for the ordering and directing the affairs of the commonwealth, agreeably to the conftitution, and the laws of the land.

V. The governor, with advice of council, fhall have full power and authority, during the feffion of the general court, to adjourn or prorogue the fame, to any time the two houses fhall defire; and to diffolve the fame, on the day next preceding the laft Wednesday in May; and, in the recefs of the faid court, to prorogue the fame, from time to time, not exceeding ninety days in any one recefs; and to call it together fooner than the time to which it may be adjourned or prorogued, if the welfare of the commonwealth fhall require the fame: And in cafe of any infectious distemper prevailing in the place where the said court is next at any time to convene, or any other cause happening, whereby danger may arife to the health or lives of the members from their attendance, he may direct the feffion to be held at fome other the most convenient place within the state.

And the governor fhall diffolve the faid general court on the day next preceding the last Wednesday in May.

VI. In cafes of difagreement between the two houses, with regard to the neceffity, expediency, or time of adjournment, or prorogation, the governor, with advice of the council, fhall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he fhall determine the public good shall require.

VII. The governor of this commonwealth, for the time being, fhall be the commander in chief of the army and navy, and of all the military forces of the ftate, by fea and land; and fhall have full power by himself, or by any commander, or other offi cer or officers, from time to time, to train, inftruct, exercife and govern the militia and navy, and for the fpecial defence and fafety of the commonwealth, to affemble in martial array, and put in warlike pofture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, repel, refift, expel, and purfue, by force of arms, as well by fea as by land, within or without the limits of this commonwealth, and alfo to kill,

Лlay,

flay, and deftrov, if neceffary, and conquer, by all fitting ways, enterprizes, and means whatsoever, all and every fuch perfon and perfons, as fhall, at any time hereafter, in a hoftile manner, attempt or enterprize the deftruction, invafion, detriment, or annoyance of this commonwealth; and to use and exercife, over the army and navy, and over the militia in actual fervice, the law-martial, in time of war or invafion, and alfo in time of rebellion, declared by the legiflature to exift, as occafion fhall neceffarily require; and to take and furprize by all ways and means whatsoever, all and every such person or perfons, with their fhips, arms, ammunition, and other goods, as fhall, in a hoftile manner, invade, or attempt the invading, conquering, or annoying this commonwealth; and that the governor be entrusted with all these and other powers, incident to the offices of captain-general and commander in chief, and admiral, to be exercifed agreeably to the rules and regulations of the conftitution, and the laws of the land, and not otherwife.

Provided, that the faid governor fhall not, at any time hereafter, by virtue of any power by this conftitution granted, or hereafter to be granted to him by the legiflature, tranfport any of the inhabitants of this commonwealth, or oblige them to march out of the limits of the fame, without their free and voluntary confent, or the confent of the general court; except fo far as may be neceffary to march or tranfport them by land or water for the defence of fuch part of the ftate to which they cannot otherwise conveniently have access.

VIII. The power of pardoning offences, except fuch as perfons may be convicted of before the fenate by an impeachment of the house, shall be in the governor, by and with the advice of the council: But no charter of pardon, granted by the governor, with advice of the council, before conviction, fhall avail the party pleading the fame, notwithstanding any general or particular expreffions contained therein, defcriptive of the offence or offences intended to be pardoned.

1X. All judicial officers, the attorney-general, the folicitorgeneral, all theriffs, coroners, and regifters of probate, fhall be nominated and appointed by the governor, by and with the advice and confent of the council; and every fuch nomination shall be made by the governor, and made at least seven days prior to fuch appointment.

X. The captains and fubalterns of the militia fhall be elected by the written votes of the train band and alarm lift of their respective companies, of twenty-one years of age and upwards: The field officers of regiments fhall be elected by the written votes of the captains and fubalterns of their refpective regiments: The brigadiers fhall be elected in like manner; by the field officers of their respective brigades: And fuch officers, fo elected, fhall

F

fhall be commiffioned by the governor, who fhall determine their rank.

The legislature fhall, by ftanding laws, direct the time and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected.

The major-generals fhall be appointed by the fenate and house of reprefentatives, each having a negative upon the other; and be commiffioned by the governor.

And if the electors of brigadiers, field officers, captains, or fubalterns, fhall neglect or refufe to make fuch elections, after being duly notified, according to the laws for the time being, then the governor, with advice of council, fhall appoint fuitable perfons to fill fuch offices.

And no officer, duly commiffioned to command in the militia, fhall be removed from his office, but by the addrefs of both houfes to the governor, or by fair trial in court-martial, pursuant to the laws of the commonwealth for the time being.

The commanding officers of regiments fhall appoint their adjutants and quartermasters; the brigadiers their brigade majors; and the major-generals their aids; and the governor shall appoint the adjutant-general.

The governor, with advice of council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth fhall appoint, as alfo all officers of forts and garrisons.

The divifions of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, fhall be confidered as the proper divifions of the militia of this commonwealth, until the fame fhall be altered in purfuance of fome future law.

Xl. No monies fhall be iffued out of the treafury of this commonwealth, and difpofed of (except fuch fums as may be appropriated for the redemption of bills of credit or treasurers notes, or for the payment of interefts arifing thereon) but by warrant under the hand of the governor for the time being, with the advice and confent of the council, for the neceffary defence and fupport of the commonwealth; and for the protection and prefervation of the inhabitants thereof, agreeably to the acts and refolves of the general court.

XII. All public boards, the commiffary-general, all fuperintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrifons within the fame, fhall once in every three months, officially, and without requifition, and at other times, when required by the governor, deliver to him an account of all goods, ftores, provifions, ammunition, cannon with their appendages, and smallarms with their accoutrements, and of all other public property

whatever under their care refpectively; diftinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of fuch forts and garrifons: And the faid commanding officer fhall exhibit to the governor, when required by him, true and exact plans of fuch forts, and of the land and fea, or harbour or harbours adjacent.

And the faid boards, and all public officers, fhall communicate to the governor, as foon as may be after receiving the fame, all Jetters, difpatches, and intelligence of a public nature, which fhall be directed to them refpectively.

XIII. As the public good requires that the governor fhould not be under the undue influence of any of the members of the general court, by a dependance on them for his fupport---that he fhould in all cafes act with freedom for the benefit of the public-that he fhould not have his attention neceffarily diverted from that object to his private concerns---and that he should maintain the dignity of the commonwealth in the character of its chief magiftrate---it is neceflary that he should have an honourable stated falary, of a fixed and permanent value, amply sufficient for those purposes, and established by ftanding laws: And it fhall be among the first acts of the general court, after the commencement of this conftitution, to establish such salary by law accordingly.

Permanent and honourable falaries fhall also be established by law for the juftices of the fupreme judicial court.

And if it fhall be found that any of the falaries aforefaid, fo eftablished, are infufficient, they fhall, from time to time, be enlarged as the general-court shall judge proper.

СНАР. ІІ. Ѕ в ст. II.

LIEUTENANT-GOVERNOR.

Art. I. THERE fhall be annually elected a Lieutenant-Governor of the commonwealth of Maffachusetts, whose title fhall be, His Honour; and who fhall be qualified, in point of religion, property, and residence in the commonwealth, in the fame manner with the governor: And the day and manner of his election, and the qualifications of the electors fhall be the fame as are required in the election of a governor. The return of the votes for this officer, and the declaration of his election, fhall be in the fame manner: And if no one perfon fhall be found to have a majority of all the votes returned, the vacancy fhall be filled by the fenate and houfe of reprefentatives, in the fame manner as the

F 2

governor

governor is to be elected, in cafe no one perfon fhall have a majority of the votes of the people to be governor.

II. The governor, and in his abfence the lieutenant-governor, fhall be prefident of the council, but shall have no vote in council: And the lieutenant-governor fhall always be a member of the council, except when the chair of the governor shall be va

cant.

III. Whenever the chair of the governor fhall be vacant, by reafon of his death, or abfence from the commonwealth, or otherwife, the lieutenant-governor for the time being fhall, during fuch vacancy, perform all the duties incumbent upon the governor, and fhall have and exercise all the powers and authorities which by this conftitution the governor is vested with, when perfonally prefent.

С НА Р. II. SECT. III.

COUNCIL, and the Manner of fettling Elections by the Legiflature.

Art. I. THERE fhall be a council for advifing the governor in the executive part of government, to confift of nine perfons befides the lieutenant-governor, whom the governor for the time being fhall have full power and authority, from time to time, at his difcretion, to assemble and call together. And the governor, with the faid councillors, or five of them at least, fhall 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.

II. Nine councillors fhall be annually chofen from among the perfons returned for councillors and fenators, on the laft Wednefday in May, by the joint ballot of the fenators and reprefentatives affembled in one room: And in cafe there fhall not be found upon the first choice, the whole number of nine perfons who will accept a feat in the council, the deficiency fhall be made up by the electors aforefaid from among the people at large; and the number of fenators left fhall conftitute the fenate for the year. The feats of the perfons thus elected from the fenate, and accepting the truft, fhall be vacated in the fenate.

III. The councillors, in the civil arrangements of the commonwealth, fhall have rank next after the lieutenant-governor.

IV. Not more than two councillors fhall be chofen out of any one diftrict of this commonwealth.

V. The refolutions and advice of the council fhall be recorded in a register, and figned by the members prefent; and this record

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