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May adjourn or prorogue the general court upon request, and convene

the same.

See amend

council, for the ordering and directing the affairs of the Commonwealth, agreeably to the constitution and the laws of the land.

V. The governor, with advice of council, shall have full power and authority, during the session of the general court, to adjourn or prorogue the same at any time the two houses shall desire; and to dissolve the same on the day next prements, Art. X. ceding 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 attendance, he may direct the session to be held at some other the most convenient place within the State.

See amendments, Art. X.

Governor and council may ad

journ the gen

eral court in cases, &c.,

[And the governor shall dissolve the said general court on the day next preceding the last Wednesday in May.]

VI. In cases of disagreement between the two houses, with regard to the necessity, expediency or time of adjournment or prorogation, the governor, with advice of the counbudding Xinety cil, shall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he shall determine the public good shall require.

days.

not

Governor to be commander-in

chief.

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, enterprises and means whatsoever, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprise 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 invasion, and also in time of rebellion, declared by the legislature to exist, as

occasion shall necessarily require; and to take and surprise, 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 intrusted 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 said governor shall not, at any time Limitation. hereafter, by virtue of any power by this constitution granted, or hereafter to be granted to him by the legislature, transport any of the inhabitants of this Commonwealth, or oblige them to march out of the limits of the same, without their free and voluntary consent, or 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.

council may

cept, &c.

VIII. The power of pardoning offences, except such as Governor and persons may be convicted of before the senate, by an impeach- pardon ofment of the house, shall be in the governor, by and with the fences, exadvice of council; but no charter or pardon, granted by the But not before governor, with advice of the council, before conviction, shall conviction.. avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

cers, &c., how

appointed.

IX. All judicial officers, [the attorney-general, the solici- All judicial offitor-general, all sheriffs,] coroners [and registers of probate,] nominated and. shall be nominated and appointed by the governor, by and see amendwith the advice and consent of the council; and every such ments, Arts. nomination shall be made by the governor, and made at and XIX. least seven days prior to such appointment.

XIV., XVII..

how elected.

X. The captains and subalterns of the militia shall be Militia officers,. elected by the written votes of the train-band and alarm list of their respective companies, [of twenty-one years of age See amendand upwards;] the field officers of regiments shall be elected ments, Art. V. 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 How commisgovernor, who shall determine their rank.

sioned.

officers.

The legislature shall, by standing laws, direct the time Elections of and manner of convening the electors, and of collecting votes, and of certifying to the governor the officers elected.

Major-generals, The major-generals shall be appointed by the senate and how appointed house of representatives, each having a negative upon the other; and be commissioned by the governor.

and commis

sioned.

Vacancies, how

&c.

And if the electors of brigadiers, field officers, captains or filled, in case, 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 persons to fill such offices.

Officers duly

[And no officer, duly commissioned to command in the militia, shall be commissioned, 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 ments, Art. IV. for the time being.]

how removed. See amend

Adjutants, &c., how appointed.

The commanding officers of regiments shall appoint their adjutants and quartermasters; the brigadiers their brigadeAdjutant-gen- majors; and the major-generals their aids; and the governor shall appoint the adjutant-general.

eral.

Army officers, how appointed.

Organization of militia.

Money, how drawn from the treasury, except, &c.

¡Public boards and certain offi

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quarterly re

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 garrisons.

The divisions of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper divisions of the militia of this Commonwealth, until the same shall be altered in pursuance of some future law.

XI. No moneys 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 treasurer's notes, or for the payment of interest arising 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 supermake intending 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.

ernor.

And the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, dispatches and intelligences of a public nature, which shall be directed to them respectively. XIII. As the public good requires that the governor Salary of gov 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 general court, after the commencement of this constitution, to establish such salary by law accordingly.

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

Salaries of justices of supreme judicial court.

enlarged, if in

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

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governor; his

ments, Arts.

ART. I. There shall be annually elected a lieutenant- Lieutenantof the Commonwealth of Massachusetts, whose title title and quaiigovernor shall be HIS HONOR; and who shall be qualified, in point fications. of religion, property, and residence in the Commonwealth, See amend in the same manner with the governor; and the day and III., VI., X. manner of his election, and the qualifications of the electors, and XV. shall be the same as are required in the election of a governor. The return of the votes for this officer, and the How chosen. declaration of his election, shall be in the same 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

President of council.

and house of representatives, in the same manner as the 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 lieutenantgovernor, shall be president of the council, but shall have no vote in council; and the lieutenant-governor shall always be member of, ex- a member of the council, except when the chair of the governor shall be vacant.

Lieutenantgovernor a

cept, &c.

Lieutenant

governor to

III. Whenever the chair of the governor shall be vacant, be acting gov. by reason of his death, or absence from the Commonwealth, ernor, in case, 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 authorities, which, by this constitution, the governor is vested with, when personally present.

Council.

See amendments, Art. XVI.

Number; from

chosen.

See amend

CHAPTER II.

SECTION III.

Council, and the Manner of settling Elections by the Legislature.

ART. I. There shall be a council, for advising the governor in the executive part of the government, to consist of [nine] persons besides the lieutenant-governor, whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, 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 whom, and how returned for councillors and senators, on the last Wednesday 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 numments, Arts. Xber of nine persons who will accept a seat in the council, the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of senators left, shall constitute the senate for the year. The seats of the persons thus elected from the senate, and accepting the trust, shall be vacated in the senate.]

XIII. and XVI.

Senators becoming councillors, seats vacated.

Rank of councillors.

No district to have more than two.

III. The councillors, in the civil arrangements of the Commonwealth, shall have rank next after the lieutenantgovernor.

[IV. Not more than two councillors shall be chosen out of any one district in this Commonwealth.]

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