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the place where the faid court at any time is to convene, or any other cause, whereby dangers may arise to the health or lives of the members from their attendance, the governor may direct the session to be holden at fome other the most. convenient place within the state.
7. Every bill which thall have passed both houses of the general court, Thall, before it becomie a law, be presented to the governor ; if he approve, he shall sign it, but if not, he fhall return it with his objections, to that houle in which it fhall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it ;
8. If after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be fent, together with such objections, to the other house, by which it shall like. wise be reconsidered, and if approved by two thirds of that house, it shall become a law..
9. 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 houfe 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 legiflature, by their adjournment, prevent its return, in which case it shall not be a law.
10. Every resolve shall be presented to the governor, and before the fame shall také effect, shall be approved by him, or being disapproved by him, shall be repassed by the fchate and house of representatives, according to the rules and limitations prescribed in the case of a bill.
11. 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, fhall be nominated and appointed by the governor and council ; and every fuch 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.
12. The governor and council shall have a negative on each other, both in the nominations and appointments. Ev. ery nomination and appointment fhall be figned by the governor and council, and every riegative ihall be also figued by the governor or council who made the fame.
13. The captains and subalterns in the respective rega ments, shall be nominated and recommended by the field officers to the governor, who is to issue their commiffions immediately on receipt of such recommendation.
14. Whenever the chair of the governor shall become vacant, by reason of his death, absence from the State, or otherwise, the president of the fenate shall, during such vacancy, have and exercise all the power and authorities which, by this constitution, the goverrior is vested with, when personally present ; but when the president of the fenate shall exercise the office of governor, he shall not hold his office in the fenate. ..
15. The governor, with 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 faid court ; and during the fef. sions of faid court, to adjourn or prorogve it to any time the two houses may desire, and to call it together fooner than the time to which it may be adjcurned or prorogued, if the welfare of the state should require the same.
16. 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 the state, by fea 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;
17. And for the special defence and safety of this itate, to allemble in martial array, and put in warlike posture the inhabitants thereof, and to lead and conduct them, and with them to encounter, repulfe, repel, resist and pursue by force of arms, as well by fea as by land, within and without the limits of this state ;
18. And also to kill, slay, destroy if necessary, and conquer by all fitting ways, enterprise and means, all and eve. ry 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 ;,
19. 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 neceffarily require : and furprise by all ways and means whatever, 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 ;
20. And in fine, the governor hereby is 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 :
21. 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 commiffions for exercising the law martial in any case, without the advice and consent of the council.'
22. The power of pardoning offences, except such as persons may be convicted of before the senate by impeach, ment 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, fhall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardon
23. 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 courtmartial, pursuant to the laws of the state for the time being,
24. The commanding officers of the regiments shall appoint their adjutants and quarter-masters ; the brigadiers, . their brigade-majors ; the major-generals, their aids ; the captains and fubalterns, their non-commiflioned officers.
25. The division of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in forcc, shall be considered as the proper division of the mi. litia of this ftate, till the same shall be altered by some future law.
26. No monies shall be issued out of the treasury of this itate and disposed of (except such fums as may be appropriated for the redemption of bills of credit, or treasurer's
es, or for the payment of interest arising thereon) but 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 defence of this state, and for the necessary protection and prefervation of the inhabitants there. of, agreeably to the acts and resolves of the general court.
27. All public boards, the commiTary-general, all superintending officers of public magazines and stores belong. ing to this state, and all commanding officers of forts and garrisons within the fame, 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 all small arms with their accoutrements, and of all other public property under their care respectively;
28. Distinguishing the quantity and kind of each, as particularly as inay be ; together with the condition of such forts and garrisons; and the commanding officer shall ex. hibit to the governor, when required by him, true and ex. act plans of such forts, and of the land and fea, or harbor or harbors adjacent.
29. The governor and council shall be compensated for their services, from time to time, by such grants as the gen. eral court shall think reasonable. Permanent and honorable salaries shall be established by law, for the justices of the fuperior court.
COUNCIL. 1. There shall be annually elected by ballot five coursellors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for fenators, shail fome time in the month of March, give in their votes for one counfel. lor ; which votes shall be received, forted, counted, certifed and returned to the fecretary's office, in the same man. ner as the votes for senators, to be by the secretary laid be. fore the senate and house of representatives on the first Wed. nefday of June
2And the person having a majority of votes in any county, shall be considered as duly elected a counsellor : 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 cach county, and not elected, and out of those two, shall
elect by joint ballot, the counsellor wanted for such county, and the qualifications for counsellors' shall be the same as for fenators. • 3. If any person thus chosen a counsellor, shall be elected governor or member of either branch of the legislature, and shall accept the trust; or if any person elected a counsellor, shall refuse to accept the office ; or in case of the death, or resignation, or removal of any counsellor out of the state ; the governor may issue a précept for the election of a new counsellor in that county where fuch vacancy shall happen ; and the choice shall be in the same manner as be. fore directed :
4. 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 di. recting the affairs of the state according to the laws of the land.
5. The members of the council may be impeached by the house and tried by the senate, for bribery, corruption, mal-practice, or mal-administration.
6. The resolutions and advice of the council shall be re. corded by the secretary in a register, and figned 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 resolution of the majority, with the reasons for such opinion.'
7. The legiflature may, if the public good shall hereaf.. ter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable polls, and proportion of public taxes ; each district to elect a counsellor : and in case of such division, the manner of the choice fall be conformable to the present mode, of election in counties.
8. And whereas the elections appointed to be made by this constitution on the first Wednesday of June aunually by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, till the same be completed ; and the order of the elections shall be as follows :
9. The vacancies in the senate (if any) shall be first