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Counsellors, of 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 Common. wealth, 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 to any time the 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 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, with regard to the necessity, expediency or time of adjournment, or prorogation the Governor, with advice of 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, exer. cise 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 pos. ture, 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 enterprize the destruction, invasion, detriment, or annoyance of this Commonwealth ; and 10 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 hereafter, by virtue of any power by this Con. stitution 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 desence of such part of the State, to which they cannot otherwise conveniently have access.
VIII.-The power of pardoning offences, except such as persons may be convicted of before the Senate by an 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, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.
IX.-All judicial officers, the Attorney General, the Solicitor General, all Sheriffs, Coroners, and Registers of Probate, shall be nominated and appointed by the Governor, 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.
X-The Captains and subalterns of the militia shall be elected by the written votes of the trainband and alarm-list of their respective companies, of twenty-one years of age and upwards :(1) The field officers of Regiments shall 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
(1) See Amendments, Art. 5.
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 Gov. ernor 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 persons 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 Quarter Masters; 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 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 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 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 Coinmonwealth ; 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 superintending officers of public magazines and stores, belonging to this Commonwealih, 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, ammuni. tion, 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 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 should not be under the undue influence