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Privileges of members.

Senate. Governor and council may punish

11 Gray, 226.

house, in his way in going or returning; or who shall
rescue any person arrested by the order of the house.

And no member of the house of representatives shall be
arrested, or held to bail on mean process, during his going
unto, returning from, or his attending the general assem-

XI. The senate shall have the same powers in the like

cases; and the governor and council shall have the same General limita. authority to punish in like cases : provided, that no impris

onment on the warrant or order of the governor, council,
senate, or house of representatives, for either of the above

described offences, be for a term exceeding thirty days. Trial may be by And the senate and house of representatives may try otberwise. 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.

committee, or

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His title.

To he chosen annually. Qualitications.

ARTICLE I. There shall be a supreme executive magis-
trate, who shall be styled — THE GOVERNOR OF THE
shall be - His EXCELLENCY.

II. The governor shall 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 com-

monwealth for seven years next preceding; and unless he Requirement of shall at the same time be seised, in his own right, of a ration abolished freehold, within the commonwealth, of the value of one

thousand pounds ; [and unless he shall declare himself to

be of the Christian religion.] By whom cho

III. Those persons who shall be qualified to vote for majority of 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, amendments, give in their votes for a governor, to the selectmen, who changed again shall preside at such meetings; and the town clerk, in the by amendments,

presence and with the assistance of the selectmen, shall,

by amend. ments, Art. VII.

Ben, if he have a


Time of elec. tion changed by

Art. X., and

Art. XV.


as a majority

in open town meeting, sort 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 shall make à fair record of the same in the town books, and a public decla- As to cities, see ration thereof in the said meeting; and shall, in the pres- Art. 11. ence of the inhabitants, seal up copies of the said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the [last Wednesday in May]; and the sheriff shall transmit Time changed the same to the secretary's office, seventeen days at least day of January before the said [last Wednesday in May]; or the select- Art.nr. men 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 Changed to examined ; and (in case of an election by a majority of all amendmenis

, the votes returned], the choice shall be by them declared Art. XIV. and published ; [but if no person shall have a majority of when no person 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 so 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 Power of gov. time, at his discretion, to assemble and call together the governor and councillors of this commonwealth for the time being; and council. 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, agreeably to the constitution and the laws of the land.

V. The governor, with advice of council, shall have May adjourn or full power and authority, during the session of the gen-general coure eral court, to adjourn or prorogue the same to any time uparcequest, the two houses shall desire ; [and to dissolve the same on the rame the day next preceding the last Wednesday in May; and, tion, see amendin the recess of the said court, to prorogue the same from ments, Art. X. 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

As to dissolu. tion, see amend. ments, Art. X. Governor and

council may

Governor to be commander-inchief.

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.

[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,
adjourn the gen. with regard to the necessity, expediency, or time of ad-
cases, etc., but journment or prorogation, the governor, with advice of
not exceeding
cinety days.

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 con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise 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 occa-
sion 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 com-
monwealth ; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-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 other-

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except, etc,

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.

VIII. The power of pardoning offences, except such Governor and as persons may be convicted of before the senate by an pardon offences, impeachment of the house, shall be in the governor, by and with the advice of council ; but no charter of pardon, granted by the governor, with advice of the council before conviction, shall avail the party pleading the same, But not before notwithstanding any general or particular expressions con- 109 Muss. 323. tained therein, descriptive of the offence or offences intended to be pardoned.

IX. All judicial officers, [the attorney-general,] the Judicial off, solicitor-general, [all sheriffs,] coroners, [and registers of nominated and probate,] shall be nominated and appointed by the gov- For provisions ernor, by and with the advice and consent of the council ; of attorney. and every such nomination shall be made by the governor, general, see and made at least seven days prior to such appointment.

For provision as to election of sheriffs; registers of probate, etc., see amendments, Art. XIX. For provision as to appointment of notaries public, see amendments, Art. IV.

X. The captains and subalterns of the militia shall be Militia officers, elected by the written votes of the train-band and alarm Limitation of list of their respective companies, (of twenty-one years by amend of age and upwards ;] the field officers of regiments shall ments, Art. V. 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 com- low commis. missioned by the governor, who shall determine their rank.

The legislature shall, by standing laws, direct the time Election of 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 Major.generals, house of representatives, each having a negative upon the and commisother; and be commissioned by the governor. For provisions as to appointment of a commissary-general, sec amendments, Art. IV.

And if the electors of brigadiers, field officers, captains Vacancies, how or subalterns, shall neglect or refuse to make such elec- etc.


Art. XVII.




filled, in case,

Superseded by amendments, Art. IV.

Adjutants, etc., how appointed.

Organization of militia.

tions, 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 commissioned, how removed. militia, shall be removed from his office, but by the address

of both houses to the governor, or by fair trial in courtmartial, 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. Army officers,

The governor, with advice of council, shall appoint all how appointed.

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. Money, how 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 make quarterly 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 ex

drawn from the
treasury, ex-
cept, etc.
13 Allen, 593.

All public boards, etc., to


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