days at least before the said last Wednesday 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 House of Representatives, on the last Wednesday in May, to be by them examined: and in case of an election, by a majority of all the votes returned, the choice shall be by Election to be 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 ; Provision in case and make return to the Senate, of the two persons so elected; on which, the Senate shall proceed, by ballot, to elect one, who shall be declared Governor.

declared.

of no election.

Power to call council.

ARTICLE IV.

The Governor shall have authority, from time to time, at his discretion, to assemble and call together the Counsellors of this Commonwealth for the time being; and the Governor, with the said Counsellors, or five of them at least, shall, and may, from time to time, hold and keep a Council, for the ordering and directing the affairs of the Commonwealth, agreeably to the Constitution, and the laws of the land.

ARTICLE V.

The Governor with advice of Council, shall have full power and authority, during the session of the General Power to adjourn Court, to adjourn or prorogue the same, to any time the

the Gen. Court.

To dissolve.

To prorogue.

To assemble.

To remove.

two Houses shall desire; and to dissolve the same, on the day next preceding the last Wednesday in May; and, in the recess of the said Court, to prorogue the same, 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 the same. And in case 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 arise to the health or lives of the members from their at

tendance, he may direct the session to be held at some other, the most convenient place within the State. And

the Governor shall dissolve the said General Court, on To dissolve the the day next preceding the last Wednesday in May.. May.

ARTICLE VI.

General Court in

days in case of

In cases of disagreement between the two Houses, May adjourn the with regard to the necessity, expediency, or time of ad- General Court 90 journment, or prorogation, the Governor, with advice of disagreement. 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.

ARTICLE VII.

Chief.

The Governor of this Commonwealth, for the time commander in 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 Power as such. 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 every such person and persons, as shall at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment or annoyance of this Commonwealth; and use and exercise, over the army and navy, and over the militia in actual service, the law martial, in time of war or invasion, and also in time of rebellio declared by the Legislature to exist, as occasion shall necessarily require; and to take and surprize, by all ways and means whatsoever, all and every such person or persons with their ships, arms, ammunition, and other goods, as shall, in a hostile 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

or transport,

to the offices of captain general, and commander in chief and admiral, to be exercised agreeably to the rules and regulations of the Constitution, and the laws of the land, and not otherwise.

Provided that the said Governor shall not, at any time hereafter, by virtue of any power, by this Constitution granted, or hereafter to be granted to him by the LeShall not march gislature, transport any of the inhabitants of this Comwithout consent, monwealth, or oblige them to march out of the limits of any inhabitants the same, without their free and voluntary consent, or beyond the State. the consent of the General Court; except so far as may be necessary to march or transport them by land or water, for the defence of such part of the State, to which they cannot otherwise conveniently have access.

ARTICLE VIII.

The power of pardoning offences, except such as persons may be convicted of before the Senate, by an imMay pardon of peachment of the House, shall be in the Governor, by fences after con- and with the advice of Council: but no charter of par

viction.

don, granted by the Governor, with advice of the Council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences, intended to be pardoned.

ARTICLE IX.

All judicial officers, the Attorney General, the Solicitor General, all Sheriffs, Coroners, and Registers of Shall nominate Probate, shall be nominated and appointed by the Goand appoint officers, with advice. vernor, by and with the advice and consent of the Council; and every such nomination shall be made by the Governor, and made at least seven days prior to such appointment.

ARTICLE X.

The captains and subalterns of the militia, shall be elected by the written votes of the train band and alarm list of their respective companies, of twenty one years Military officers, of age and upwards. The field officers of regiments shall how to be elected be elected by the written votes of the captains and subalterns of their respective regiments. The brigadiers

shall be elected in like manner, by the field officers of their respective brigades. And such officers, so elected,

shall be commissioned by the Governor, who shall de- Commissioned. termine their rank.

make laws for

The Legislature shall, by standing laws, direct the Legislature to time and manner of convening the electors, and of col- electing officers. lecting votes, and of certifying to the Governor, the

officers elected.

The major generals shall be appointed by the Senate Major Generals, and House of Representatives, each having a negative how elected. upon the other; and be commissioned by the Governor.

And if the electors of brigadiers, field officers, captains, or subalterns, shall neglect or refuse to make such elections, after being duly notified, according to the laws In case of neglect for the time being, then the Governor, with advice of ernor to appoint Council, shall appoint suitable persons to fill such offices. officers.

to choose, Gov

be removed.

And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the ad- How officers may dress 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 shall appoint

their adjutants and quarter masters; the brigadiers their officers, how apbrigade majors; and the major generals their aids; and pointed. the Governor shall appoint the adjutant general.

The Governor, with advice of Council, shall appoint

all officers of the continental army, whom, by the Con- Governor to apfederation of the United States, it is provided that this point Officers. Commonwealth shall appoint, as also all officers of forts

and garrisons.

The divisions of the militia, into brigades, regiments

remain.

and companies, made in pursuance of the militia laws Present division now in force, shall be considered as the proper divisions of militia to reof the militia of this Commonwealth, until the same shall be altered in pursuance of some future law.

ARTICLE XI.

No monies shall be issued out of the treasury of this Commonwealth, and disposed of, except such sums as No monies exmay be appropriated for the redemption of bills of credit cept for redempor Treasurer's notes, or for the payment of interest ari- rant from the sing thereon, but by warrant, under the hand of the Go

tion, but by war

Governor.

Staff and other returns to the

officers to make

Governor.

vernor for the time being, with the advice and consent of the Council, for the necessary defence and support of the Commonwealth, and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court.

ARTICLE XII. ♣

All public boards, the commissary general, all superintending officers of public magazines and stores, belonging to this Commonwealth, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times, when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages, and small arms with their accoutrements, and of all other public property whatever, under their care respectively; distinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of such forts and garrisons. And the said commanding officer shall exhibit to the Governor when required by him, true and exact plans of such forts, and of the land and sea, or harbor or harbors adjacent.

And the said boards, and all public officers, shall comTo communicate municate to the Governor, as soon as may be, after reletters and intelligence. ceiving the same, all letters, dispatches, and intelligences of a public nature, which shall be directed to them respectively.

ARTICLE 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 dependence on them for his support, that he should, in all cases, act with freedom for the benefit of the public; that he should not have his attention necessarily diverted from that object, to his private concerns; and that he should maintain the dignity of the Commonwealth, in the character of its chief magistrate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws; and it shall be among the first acts of the