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flay, and destroy, if necessary, and conquer, by all fitting ways, enterprizes, and means whatsoever, all and every fuch person and perfons, as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment, or annoyance of this commonwealth; and to use and exercise, over the army and navy, and over the militia in actual service, the law-martial, in time of war or invafion, and also in time of rebellion, declared by the legiflature to exist, as occasion shall necessarily require; and to take and furprize 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 hoftile 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 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 faid governor shall 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 consent, or the consent of the general court; except fo 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 accefs.

VIII. The power of pardoning offences, except such as perfons may be convicted of before the senate by an impeachment of the house, shall 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, shall 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 sheriffs, 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 seven days prior to such appointment.

X. The captains and fubalterns of the militia shall be elected by the written votes of the train band and alarm lift of their respective companies, of twenty-one years of age and upwards: The field officers of regiments shall be elected by the written votes of the captains and fubalterns of their respective regiments: The brigadiers shall be elected in like manner, by the field offieers of their respective brigades: And fuch officers, fo élected,

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shall be commissioned by the governor, who shall determine their rank.

The legislature shall, by standing 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 shall be appointed by the senate and house of representatives, each having a negative 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 for the time being, then the governor, with advice of council, shall appoint suitable perfons to fill such offices.

And no officer, duly commissioned to command in the militia, shall be removed from his office, but by the address 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 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, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this commonwealth shall appoint, as also 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, shall be confidered as the proper divisions of the militia of this commonwealth, until the same shall be altered in pursuance of some future law.

XI. No monies shall be issued out of the treasury of this commonwealth, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurers notes, or for the payment of interests arifing thereon) but by warrant under the hand of the governor 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.

XII. All public boards, the commissary-general, all fuperintending officers of public magazines and stores, belonging to this commonwealth, and all commanding officers of forts and garrisons within the fame, shall 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, stores, provifions, ammunition, cannon with their appendages, and smallarms with their accoutrements, and of all other public property what

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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 garrifons: And the said commanding officer shall 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 said boards, and all public officers, shall communicate to the governor, as foon as may be after receiving the fame, all letters, dispatches, and intelligence of a public nature, which shall be directed to them respectively.

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 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 ho nourable stated salary, of a fixed and permanent value, amply fufficient for those purposes, and established by standing laws: And it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly.

Permanent and honourable salaries shall also be established by law for the justices of the supreme judicial court.

And if it shall be found that any of the salaries aforesaid, fo established, are insufficient, they shall, from time to time, be enlarged as the general-court shall judge proper.

CHAP. II. Ѕист. II.

LIEUTENANT-GOVERNOR.

Art. I. THERE shall be annually elected a Lieutenant-Governor of the commonwealth of Massachusetts, whose title shall be, His Honour; and who shall 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 shall 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, shall be in the fame manner: And if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the senate and house of representatives, in the same manner as the governor

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governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.

II. The governor, and in his absence the lieutenant-governor, shall be president of the council, but shall have no vote in council: And the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant.

III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the commonwealth, or otherwise, the lieutenant-governor for the time being shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and au thorities which by this conftitution the governor is vested with, when personally present.

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COUNCIL, and the Manner of settling Elections by the

Legislature.

Art. I. THERE shall be a council for advifing the governor in the executive part of government, to confift of nine persons befides the lieutenant-governor, whom the governor for the time being shall have full power and authority, from time to time, at his difcretion, to assemble and call together. And the governor, with the said councillors, 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, according to the laws of the land.

II. Nine councillors shall be annually chosen from among the persons returned for councillors and fenators, on the last Wednes, day in May, by the joint ballot of the senators and representatives assembled in one room: And in case there shall not be found upon the first choice, the whole number of nine persons who will accept a feat in the council, the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of fenators left shail conftitute the senate for the year. The feats of the perfons thus elected from the fenate, and accepting the truft,. shall be vacated in the fenate.

III. The councillors, in the civil arrangements of the commonwealth, shall have rank next after the lieutenant-governor. IV. Not more than two councillors shall be chosen out of any one district of this commonwealth.

V. The resolutions and advice of the council shall be recorded in a register, and signed by the members present; and this record

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

VI. Whenever the office of the governor and lieutenant-governor shall be vacant, by reason of death, abfence, or otherwise, then the council, or the major part of them, shall 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 present.

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

CHAP. II. SECт. IV.

Secretary, Treasurer, Commissary, Sc.

Art. I. THE secretary, treasurer and receiver-general, and the commissary-general, notaries-public, and naval officers, shall be chosen annually, by joint ballot of the fenators and reprefentatives, in one room. And that the citizens of this commonwealth may be assured, from time to time, that the monies remaining in the public treasury, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver-general more than five years successively.

II. The records of the commonwealth shall be kept in the office of the fecretary, who may appoint his deputies, for whose conduct he shall be accountable, and he shall attend the governor and council, the senate and house of representatives, in perfon, or by his deputies, as they shall respectively require.

CHAP.

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