EXECUTIVE POWER.— -Governor.

The Governor shall be chosen annually, in the month of March; and the votes for Governor shall be received, counted, certified, and returned in the same manner as the votes for senators; and the Secretary shall lay the same before the Senate and House of Representatives on the first Wednesday in June, to be by them examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published.

And the qualifications of electors of the Governor shall be the same as those for senators; and if no person shall have a majority of votes, the Senate and House of Representatives shall, by joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor.

And no person shall be eligible to this office unless, at the time of his election, he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time, have an estate of the value of five hundred pounds, one-half of which shall consist of a freehold, in his own right, within the State.

In cases of disagreement between the two houses, with regard to the time or place of adjournment or prorogation, the Governor, with advise of Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days at any one time, as he may determine the public good may require, to meet at the place where the General Court shall be at that time sitting; and he shall dissolve the same seven days before the said first Wednesday in June. And, in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any other cause whereby danger may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other, the most convenient place within the State.

Every bill which shall have passed both houses of the General Court shall, before it become a law, be presented to the Governor : if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the

Legislature by their adjournment prevent its return, in which case it shall not be a law.

Every resolve shall be presented to the Governor, and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

All judicial officers, the Attorney-general, solicitors, all sheriffs, coroners, registers of probate, and all officers of the navy, and general and field-officers of the militia, shall be nominated and appointed by the Governor and Council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place unless a majority of the Council agree thereto. The Governor and Council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the Governor and Council, and every negative shall also be signed by the Governor or Council who made the same.

The captains and subalterns, in the respective regiments, shall be nominated by the field-officers, and, if approved by the Governor, shall be appointed by him.

Whenever the chair of the Governor shall become vacant, by reason of his death, absence from the State, or otherwise, the President of the Senate shall, during such vacancy, have and exercise all the powers and authorities which, by this Constitution, the Governor is vested with, when personally present; but when the President of the Senate shall exercise the office of Governor, he shall not hold his office in the Senate.

The Governor, with the advice of Council, shall have full power and authority, in the recess of the General Court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said Court; and during the session of said Court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned or prorogued, if the welfare of the State should require the same.

The Governor of this State for the time being, shall be commander-in-chief of the army and navy, and all the military forces of this State, by sea and land; and shall have full power, by himself or by any chief commander, or other officer or officers, from time to time, to train, instruct, exercise, and govern the militia and navy; and for the special defense and safety of this State, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them encounter, repulse, repel, resist, and pursue, by force of arms, as well by sea as by land, within and without the limits of this State; and also to kill, slay, destroy if necessary, and conquer by all fitting ways, enterprise, and means, 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 State; and to use and exercise over the army and navy, and over the militia in actual service, the law martial, in time of war, invasion, and also in rebellion. declared by the Legislature to exist, as occasion shall necessarily require. 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 State: And, in fine, the Governor is hereby entrusted with all other powers incident to the office 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: Provided, that the 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 Legislature, transport any of the inhabitants of this State, 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, nor grant commissions for exercising the law martial in any case, without the advice and consent of the Council.

The power of pardoning offences, except such persons as may be convicted of before the Senate, by 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 Council. before conviction, shall avail the party pleading the same, notwithstanding any general and particular expressions contained therein. descriptive of the offence or offences intended to be pardoned.

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 State for the time being.

The commanding officers of the regiments shall appoint their adjutants and quartermasters; the brigadiers, their brigade-major; the major-generals, their aids; the captains and subalterns, their non-commissioned officers.

The Governor and Council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this State shall appoint; as also all officers of forts and garrisons.

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

No moneys shall be issued out of the treasury of this State, 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, by warrant under the hand of the Governor for the time being, by and with the advice and consent of the Council, for the necessary support and defense of this State, and

for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court.

All public boards, the commissary-general, all superintending officers of public magazines and stores belonging to this State, 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 himi an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity and kind of each, as particularly as may be: together with the condition of such forts and garrisons; and the 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.

The Governor and Council shall be compensated for their services, from time to time, by such grants as the General Court shall think reasonable.

Permanent and honorable salaries shall be established by law for the justices of the Supreme Court.

Council

There shall be annually elected, by ballot, five counselors, for advising the Governor in the executive part of the government. The freeholders and other inhabitants, in each county, qualified to vote for senators, shall, some time in the month of March, give in their votes for one counselor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the Secretary laid before the Senate and House of Representatives on the first Wednesday in June.

And the person having a majority of votes in any county shall be considered as duly elected a counselor; but if no person shall have a majority of votes in any county, the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each county and not elected, and out of those two shall elect, by joint ballot, the counselor wanted for such county.

Provided, nevertheless, That no person shall be capable of being elected a counselor who has not an estate of the value of five hundred pounds within this State, three hundred pounds of which (or more) shall be a freehold in his own right, and who is not thirty years of age; and who shall not have been an inhabitant of this State for seven years immediately preceding his election; and at the time of his election an inhabitant of the county in which he is elected. The Secretary shall, annually, seventeen days before the first Wednesday in June, give notice of the choice of persons elected. If any person shall be elected Governor, or member of either ranch of the Legislatue, and shall not accept the trust; or if any

person elected a counselor shall refuse to accept the office; or in case of the death, resignation, or removal of any counselor out of the State, the Governor may issue a precept for the election of a new counselor in that county where such vacancy shall happen; and the choice shall be in the same manner as before directed and the Governor shall have full power and authority to convene the Council, from time to time, at his discretion; and with them, or the majority of them, may, and shall, from time to time, hold a Council, for ordering and directing the affairs of the State according to the laws of the land.

The members of Council may be impeached by the House, and tried by the Senate, for bribery, corruption, malpractice, or maladministration.

The resolutions and advice of the Council shall be recorded by the Secretary, in a register, and signed by all the members present agreeing thereto; and this record may be called for at any time by either House of the Legislature; and any member of the Council may enter his opinion contrary to the resolutions of the majority, with the reason for such opinion.

The Legislature may, if the public good shall hereafter require it, divide the State into five districts as nearly equal as may be, governing themselves by the number of ratable polls, and proportion of public taxes: each district to elect a counselor; and in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.

And whereas the elections appointed to be made by this Constitution on the first Wednesday of June annually, by the two houses of the Legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same may be completed; and the order of the elections shall be as follows; the vacancies in the Senate, if any, shall be first filled up; the Governor shall then be elected, provided there shall be no choice of him by the people; and afterwards the two houses shall proceed to fill up the vacancy, if any, in the Council.

Secretary, Treasurer, Commissary-General, &c.

The Secretary, Treasurer, and Commissary-General shall be chosen by joint ballot of the senators and representatives assembled in one

room.

The records of the State shall be kept in the office of the Secretary, and he shall attend the Governor and Council, the Senate and representatives, in person, or by deputy, as they may require.

The Secretary of State shall, at all times, have a deputy, to be by him appointed; for whose conduct in office he shall be responsible. And in case of the death, removal, or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this State, until another shall be appointed. The Secretary, before he enters upon the business of his office, shall give bond, with sufficient