flay, and destroy, if neceffary, and conquer, by all fitting ways, enterprizes, and means whatfoever, 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 ufe and exercife, over the army and navy, and over the militia in actual service, 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 fuch perfon 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 thefe and other powers, incident to the offices of captain-general and commander in chief, and admiral, to be exercised 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, transport 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 transport them by land or water for the defence of fuch part of the state to which they cannot otherwife 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, fhall 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.

IX. All judicial officers, the attorney-general, the folicitorgeneral, all theriffs, coroners, and registers of probate, shall 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 feven 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 refpective 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 offi eers of their respective brigades: And fuch offers, fo elected, fhall

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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 houses 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, fhall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint, as alfo all officers of forts and garrifons.

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.

XI. 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 support 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 ftores, 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 ether 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 letters, difpatches, and intelligence of a public nature, which fhall be directed to them refpectively.

XIII. As the public good requires that the governor should 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 Thould in all cafes act with freedom for the benefit of the public-that he should not have his attention neceflarily 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 neceffary that he should have an honourable ftated falary, of a fixed and permanent value, amply fufficient for those purposes, and established by ftanding laws: And it shall be among the firft acts of the general court, after the commencement of this conftitution, to establish such falary 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 fhall judge proper.

СНАР. ІІ. Ѕ к ст. II.

LIEUTENANT-GOVERNOR.

Art. I. THERE fhall be annually elected a Lieutenant-Governor of the commonwealth of Maffachufetts, whofe title shall be, His Honour; and who fhall be qualified, in point of religion, property, and refidence 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 house of reprefentatives, in the fame manner as the

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governor

governor is to be elected, in cafe no one person shall 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 fhall 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 exercife all the powers and authorities which by this conftitution the governor is vefted with, when perfonally prefent.

CHA P. II. SE C T. III.

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

Art. I. THERE fhall be a council for advifing the governor in the executive part of government, to confit 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 affemble and call together. 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, 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 Wednef day 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 fhal conftitute the fenate for the year. The feats of the perfons thus elected from the fenate, and accepting the trust, 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

៦យ

may be called for at any time by either house of the legislature; and any member of the council may infert his opinion contrary to the refolution of the majority.

VI. Whenever the office of the governor and lieutenant-governor fhall be vacant, by reafon of death, abfence, or otherwife, then the council, or the major part of them, fhall during fuch vacancy have full power and authority to do, and execute, all and every fuch acts, matters and things, as the governor or the lieutenant-governor might or could, by virtue of this conftitution, do or execute, if they or either of them were perfonally prefent.

Vil. And whereas the elections appointed to be made by this conftitution, on the last Wednesday in May annually, by the two houfes of the legiflature, may not be compleated on that day, the faid elections may be adjourned from day to day until the fame fhall be compleated. And the order of elections fhall be as follows: The vacancies in the fenate, if any, shall first be filled up; the governor and lieutenant-governor fhall then be elected, provided there fhould be no choice of them by the people; and afterwards the two Houses fhall proceed to the election of the council.

CHAP. II. SECT. IV.

Secretary, Treasurer, Commiffary, Sc.

Art. I. THE fecretary, treasurer and receiver-general, and the commiffary-general, notaries-public, and naval officers, fhall be chofen annually, by joint ballot of the fenators and representatives, in one room. And that the citizens of this commonwealth may be affured, from time to time, that the monies remaining in the public treafury, upon the fettlement and liquidation of the public accounts, are their property, no man fhall be eligible as treasurer and receiver-general more than five years fucceffively.

II. The records of the commonwealth fhall be kept in the office of the secretary, who may appoint his deputies, for whofe conduct he fhall be accountable, and he fhall attend the governor and council, the fenate and houfe of reprefentatives, in perfon, or by his deputies, as they shall refpe&ively require.

CHAP.