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And the Senate and House of Representatives may try, and determine, all cases where their rights and privileges are concerned, and which, by the Constitution, they have authority to try and determine, by committees of their own members, or in such other way as they may respectively think best.

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1. THERE shall be a supreme execu. tive magistrate, who shall be stiled, The GoVERNOR OF THE COMMONWEALTH OF MasSACHUSETTS; and whose title shall be, His EXCELLENCY.

II. The Governor Thall be chosen annually: and no person shall 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 Thall, at the same time, be seized in his own F2


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

III. Those persons who shall be qualified to vote for Senators and Representatives within the several towns of this Commonwealth, shall, 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 shall preside at such meetings; and the town-clerk, in the presence, and with the assistance of the Selectmen, shall, in open town--meeting, fort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name; and thall make a fair record of the fame in the town-books, and a public declaration thereof in the said meeting; and shall, in the presence of the inhabitants, seal up copies of the said list, attested by him and the Selectmen, and transmit the fame to the sheriff of the county, thirty days at least before the last Wednesday in May; and the sheriff shall transmit the fame to the Secretary's office, seventeen days at least before the faid last Wednes

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

IV, The Governor shall have authority from time to time, at his discretion, to assemble and call together the Councillors of this Commonwealth for the time being; and the Governor, with the said Councillors, or five of them at least, fhall, and may, from time to time, hold and keep a council, for the ordering F 3



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and directing the affairs of the Common wealth, agreeably to the Constitution and the laws of the land..

V. The Governor, with advice of Council, fhall have full power and authority, during the session of the General Court, to adjourn or prorogue the fame, to any time the two Houses shall defire ; and to diffolve the same, on the day next preceding the last Wednesday in May; and, in the recess of the said Court, to prorogue the fame, from time to time, not exceeding ninety days in any one recess; and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the Commonwealth shall require ? Co the same. And in case of any infectious dif- from temper prevailing in the place where the said ilang Court is next at any time to convene, or any speci other cause happening whereby danger may health, arise to the health or lives of the Members i warlil from their attendance, he may direct the fef- d lead. fion to be held at some other the most conve- counter nient place within the State.

And the Governor shall dissolve the said Ge- jorma. neral Court on the day next preceding the last b; and Wednesday in May.


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VI. In cases of disagreement between the two Houses with regard to the necessity, 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 shall require,

VII, The Governor of this Commonwealth for the time being shall be the Commander in Chief of the army and navy, and of all the military forces of the State by sea and land; and shall have full power by himself, or by any Commander, or other Officer or Officers, from time to time to train, instruct, exercise and govern the militia and navy, and for the special defence and safety of the Commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof; and to lead and conduct them, and with them to encounter, repel, resist, expel, and pursue, by force of arms, as well by sea as by land, within or without the limits of this Commonwealth ; and also to kill, slay, and destroy, if necessary, and conquer, by all fitting ways, enterprizes, and means whatsoever, all and FA


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