And the Senate and Houfe of Reprefentatives may try, and determine, all cafes where their rights and privileges are concerned, and which, by the Conftitution, they have authority to try and determine, by committees of their own members, or in fuch other way as they may respectively think best.

CHA P. II.

EXECUTIVE POWER.

S. I.

GOVERNOR.

I. THERE fhall be a fupreme execu tive magiftrate, who fhall be ftiled, THE GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS; and whofe title fhall be, His EXCELLENCY.

II. The Governor shall be chofen annually: and no perfon fhall be eligible to this office, unless at the time of his election he shall have been an inhabitant of this Commonwealth for seven years next preceding; and unless he fhall, at the fame time, be feized in his own

right of a freehold within the Commonwealth of the value of one thousand pounds; and ́ unless he fhall declare himself to be of the Chriftian religion.

III. Those persons who fhall be qualified to vote for Senators and Representatives within the several towns of this Commonwealth, fhall, at a meeting to be called for that purpose, on the first Monday of April annually, give in their votes for a Governor, to the Selectmen who fhall prefide at fuch meetings; and the town-clerk, in the prefence, and with the affiftance of the Selectmen, fhall, in open town-meeting, fort and count the votes, and form a lift of the perfons voted for, with the number of votes for each perfon against his name; and fhall make a fair record of the fame in the town-books, and a public declaration thereof in the faid meeting; and fhall, in the prefence of the inhabitants, feal up copies of the faid lift, attefted by him and the Selectmen, and tranfmit the fame to the fheriff of the county, thirty days at leaft before the last Wednesday in May; and the fheriff shall transmit the fame to the Secretary's office, seventeen days at leaft before the faid laft Wednef

'I

day

day in May; or the Selectmen may cause. returns of the fame to be made to the office of the Secretary of the Commonwealth, seventeen days at least before the faid day; and the Secretary shall lay the fame before the Senate, and the House of Reprefentatives, on the laft Wednesday in May, to be by them examined: and in cafe of an election by the majority of all the votes returned, the choice fhall be by them declared and published: but if no perfon fhall have a majority of votes, the House of Representatives fhall, by ballot, elect two out of four perfons who had the highest number of votes, if fo many fhall have been voted for; but, if otherwise, out of the number voted for; and make return to the Senate of the two perfons fo elected; on which the Senate fhall proceed, by ballot, to elect one, who fhall be declared Governor.

IV. The Governor shall 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 least, 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, shall 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 last 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 diftemper prevailing in the place where the faid Court is next at any time to convene, or any other caufe 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 laft Wednesday in May.

VI. In

VI. In cases of disagreement between the two Houses with regard to the neceffity, expediency, or time of adjournment or prorogation, the Governor, with the advice of the Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days, as he shall determine the public good hall 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 State by sea and land; and fhall have full power by himself, or by any Commander, or other Officer or Officers, from time to time to train, inftruct, exercise and govern the militia and navy, and for the special defence and safety of the Commonwealth, to affemble in martial array, and put in warlike posture, the inhabitants thereof; and to lead and conduct them, and with them to encounter, repel, refift, expel, and pursue, by force of arms, as well by fea as by land, within or without the limits of this Commonwealth; and alfo to kill, flay, and destroy, if neceffary, and conquer, by all fitting ways, enterprizes, and means whatsoever, all and F every