To communicate informa

tion to the legislature.

May require information of any officer.

May remit pen

sheriffs, coroners, registers of probate, and notaries public; and he shall also nominate, and with the advice and consent of the council appoint all other civil and military officers, whose appointment is not by this constitution, or shall not by law be otherwise provided for; and every such nomination shall be made seven days, at least, prior to such apppointment.

SECT. 9. He shall from time to time give the legislature information of the condition of the state, and recommend to their consideration such measures, as he may judge expedient.

SECT. 10. He may require information from any military officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices.

SECT. 11. He shall have power, with the advice and consent alties and grant of the council, to remit, after conviction, all forfeitures and penalties, and to grant reprieves and pardons, except in cases of impeach

pardons.

To enforce the laws.

ment.

SECT. 12. He shall take care that the laws be faithfully executed. SECT. 13. He may, on extraordinary occasions, convene the legislature; and in case of disagreement between the two houses occasions, and with respect to the time of adjournment, adjourn them to such time, adjourn it in

To convene the legislature on extraordinary

case of disa

greement.

Vacancy how supplied.

as he shall think proper, not beyond the day of the next annual meeting; and if, since the last adjournment, the place where the legislature were next to convene shall have become dangerous from an enemy or contagious sickness, may direct the session to be held at some other convenient place within the state.

SECT. 14. Whenever the office of governor shall become vacant 6 Greenl. 506. by death, resignation, removal from office or otherwise, the president of the senate shall exercise the office of governor until another governor shall be duly qualified; and in case of the death, resignation, removal from office or other disqualification of the president of the senate, so exercising the office of governor, the speaker of the house of representatives shall exercise the office, until a president of the senate shall have been chosen; and when the office of governor, president of the senate, and speaker of the house shall become vacant, in the recess of the senate, the person, acting as secretary of state for the time being, shall by proclamation convene the senate, that a president may be chosen to exercise the office of governor. And whenever either the president of the senate, or speaker of the house shall so exercise said office, he shall receive only the compensation of governor, but his duties as president or speaker shall be 7 Greenl. 489 suspended; and the senate or house, shall fill the vacancy, until his duties as governor shall cease.

ARTICLE V.-PART SECOND.

Council.

SECT. I. There shall be a council, to consist of seven persons, Council to concitizens of the United States, and residents of this state, to advise sist of seven, the governor in the executive part of government, whom the gov emor shall have full power, at his discretion, to assemble; and he with the counsellors, or a majority of them may from time to time, hold and keep a council, for ordering and directing the affairs of state according to law.

SECT. 2. The counsellors shall be chosen annually, on the first Counsellors Wednesday of January, by joint ballot of the senators and repre- how chosen. sentatives in convention; and vacancies, which shall afterwards

happen, shall be filled in the same manner; but not more than one counsellor shall be elected from any district, prescribed for the election of senators; and they shall be privileged from arrest in the same manner as senators and representatives.

proceedings.

SECT. 3. The resolutions and advice of council shall be recorded Journal to be in a register, and signed by the members agreeing thereto, which kept of their may be called for by either house of the legislature; and any counsellor may enter his dissent to the resolution of the majority.

counsellors.

SECT. 4. No member of congress, or of the legislature of this Persons disstate, nor any person holding any office under the United States, qualified to be (post officers excepted) nor any civil officers under this state, (justices of the peace and notaries public excepted) shall be counsellors. Not to be apAnd no counsellor shall be appointed to any office during the time office. for which he shall have been elected.

ARTICLE V.-PART THIRD.
Secretary.

pointed to any

Secretary how

SECT. 1. The secretary of state shall be chosen annually at the first session of the legislature, by joint ballot of the senators and chosen. representatives in convention.

To keep the re

SECT. 2. The records of the state shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he cords of the

state.

shall be accountable. SECT. 3. He shall attend the governor and council, senate and To attend the house of representatives, in person or by his deputies as they shall governor and respectively require.

council.

the executive

SECT. 4. He shall carefully keep and preserve the records of all Το preserve the official acts and proceedings of the governor and council, senate the records of and house of representatives, and, when required, lay the same and legislative before either branch of the legislature, and perform such other duties as are enjoined by this constitution, or shall be required by law.

departments.

Treasurer how

chosen: incli

gible for more

than five years

in succession.

To give bond.

Not to engage in trade, &c.

No money to be drawn but by warrant.

Supreme and other courts. 3 Greenl. 326. 4 Greenl. 140.

Compensation of justices of S.

J. C.

To give their opinions when required by

ARTICLE V.-PART FOURTH.

Treasurer.

SECT. 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.

SECT. 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.

SECT. 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.

SECT. 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 expenditures of all public money, shall be published at the commencement of the annual session of the legislature.

ARTICLE VI.

JUDICIAL POWER.

SECT. 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.

SECT. 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.

SECT. 3. They shall be obliged to give their opinions upon important questions of law, and upon solemn occasions, when required either branch of by the governor, council, senate or house of representatives. SECT. 4. All judicial officers, except justices of the peace, shall Tenure of judi- hold their offices during good behavior, but not beyond the age

the govern

ment.

cial offices.

See amend

ments, art. iii. of seventy years.

Justices of the

taries.

SECT. 5. Justices of the peace and notaries public, shall hold peace and no- their offices during seven years, if they so long behave themselves well, at the expiration of which term, they may be reappointed or others appointed, as the public interest may require.

Justices of the supreme judi

cial court to hold no other office.

SECT. 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.

SECT. 1. The captains and subalterns of the militia shall be officers, by elected by the written votes of the members of their respective whom elected. 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.

Manner of

elections.

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

Major generals.

ral.

SECT. 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 quarter-master general shall be appointed by Adjutant genethe 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 Staff officers. officers of regiments and battalions shall appoint their respective 2 Greenl. 431. staff officers; and all military officers shall be commissioned by the

governor.

SECT. 4. The militia, as divided into divisions, brigades, regi- Organization of ments, battalions and companies pursuant to the laws now in force, the militia. shall remain so organized, until the same shall be altered by the

legislature.

SECT. 5. Persons of the denominations of quakers and shakers, who may be exempted from justices of the supreme judicial court and ministers of the gospel military duty. 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.

to support pub

A general diffusion of the advantages of education being essen- Legislature to tial to the preservation of the rights and liberties of the people; require of towns to promote this important object, the legislature are authorized, and lic schools. 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

Shall endow colleges and academies.

Proviso.

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 institution now established, or which may hereafter be established, unless, at the time of making such endowment, the legislature 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.

Oaths and subscriptions.

ARTICLE IX.

GENERAL PROVISIONS.

SECT. 1. Every person elected or appointed to either of the places or offices provided in this constitution, and every person elected, appointed, or commissioned to any judicial, executive, mili3 Greenl. 372. tary or other office 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

be taken.

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

do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as 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.

Before whom to The oaths or affirmations shall be taken and subscribed by the governor and counsellors 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 counsellor shall not be able to attend during the session of the legislature to take and subscribe said oaths or affirmations, 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

Offices that are

the convention.

SECT. 2. No person holding the office of justice of the supreme incompatible judicial court, or of any inferior court, attorney general, county attorney, treasurer of the state, adjutant general, judge of probate,

with each other.