the place where the faid court at any time is to convene, or any other caufe, whereby dangers may arife to the health or lives of the members from their attendance, the governor may direct the feffion to be holden at fome other the moft. convenient place within the ftate.

7. Every bill which thall have paffed both houfes of the general court, fhall, before it become a law, be presented to the governor; if he approve, he fhall fign it, but if not, he fhall return it with his objections, to that houfe in which it fhall have originated, who fhall enter the objections at large on their journal, and proceed to reconfider it ;

8. If after fuch reconfideration, two thirds of that house fhall agree to pafs the bill, it fhall be fent, together with fuch objections, to the other houfe, by which it fhall likewife be reconfidered, and if approved by two thirds of that houfe, it fhall become a law.

9. But in all fuch cafes the votes of both houfes fhall be determined by yea's and nays, and the names of the perfons, voting for or against the bill, fhall be entered on the journal of each houfe refpectively. If any bill fhall not be returned by the governor, within five days (Sundays excepted) after it fhall have been prefented to him, the fame fhall be a law in like manner as if he had figned it, unless the legiflature, by their adjournment, prevent its return, in which cafe it fhall not be a law.

10. Every refolve fhall be prefented to the governor, and before the fame fhall take effect, fhall be approved by him, or being disapproved by him, fhall be repaffed by the fenate and house of reprefentatives, according to the rules and limitations prefcribed in the cafe of a bill.

11. All judicial officers, the attorney general, folicitors, all fheriffs, 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 fhall be made at least three days prior to fuch appointment; and no appointment fhall take place, unless a majority of the council agree thereto.

12. The governor and council fhall have a negative on each other, both in the nominations and appointments. Every nomination and appointment fhall be figned by the gov ernor and council, and every negative ihall be also figned by the governor or council who made the fame.

13. The captains and fubalterns the refpective reg ments, fhall be nominated and recommended by the field officers to the governor, who is to iffue their commiffions immediately on receipt of fuch recommendation.

14. Whenever the chair of the governor fhall become vacant, by reafon of his death, abfence from the ftate, or otherwife, the prefident of the fenate fhall, during fuch vacancy, have and exercife all the power and authorities which, by this conftitution, the governor is vefted with, when perfonally prefent; but when the president of the fenate fhall exercife the office of governor, he shall not hold his office in

the fenate.

15. The governor, with advice of council, fhall have full power and authority in the recefs of the general court, to prorogue the fame from time to time, not exceeding ninety days in any one recefs of faid court; and during the feffions of faid court, to adjourn or prorogue it to any time the two houfes may defire, and to call it together fooner than the time to which it may be adjourned or prorogued, if the welfare of the state should require the fame.

16. The governor of this ftate for the time being, fhall be commander in chief of the army and navy, and all the military forces of the 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, exercife and govern the militia and navy;

17. And for the special defence and fafety of this fate, to affemble in martial array, and put in warlike pofture the inhabitants thereof, and to lead and conduct them, and with them to encounter, repulfe, repel, refift and pursue by force of arms, as well by fea as by land, within and without the limits of this state;

18. And alfo to kill, flay, destroy if neceffary, and conquer by all fitting ways, enterprise and means, all and every fuch person and perfons as fhall at any time hereafter, in a hostile manner, attempt or enterprise the deftruction, invafion, detriment or annoyance of this state;

19. And to ufe and exercife over the army and navy, and over the militia in actual fervice, the law martial in time of war, invasion, and also in rebellion, declared by the legiflature to exift as occafion shall neceffarily require and furprife by all ways and means whatever, all and every fuch

perfon or perfons, with their fhips, arms, ammunition, and other goods, as fhall 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 exercifed agreeably to the rules and regulations of the conftitution and the laws of the land:

21. Provided, that the governor fhall not at any time hereafter, by virtue of any power by this conititution granted, or hereafter to be granted to him by the legislature, tranfport any of the inhabitants of this ftate, or oblige them to march out of the limits of the fame, without their free and voluntary confent, or the confent of the general court, nor grant commiffions for exercifing the law martial in any cafe, without the advice and confent of the council.

22. The power of pardoning offences, except fuch as perfons may be convicted of before the fenate by impeach, ment of the house, fhall 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 fame, notwithstanding any general or particular expreffions contained therein, defcriptive of the offence or offences intended to be pardoned.

23. No officer duly commiffioned to command in the militia fhall 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 fhall appoint their adjutants and quarter-mafters; the brigadiers, their brigade-majors; the major-generals, their aids; the captains and fubalterns, their non-commiffioned officers.

25. The divifion of the militia into brigades, regiments and companies, made in purfuance of the militia laws now in force, fhall be confidered as the proper divifion of the mi litia of this ftate, till the fame shall be altered by some future law.

26. No monies fhall be iffued out of the treasury of this ftate and difpofed of (except fuch fums as may be appropriated for the redemption of bills of credit, or treasurer's notes, or for the payment of intereft arifing thereon) but by

warrant under the hand of the governor for the time being, by and with the advice and confent of the council, for the neceffary support and defence of this ftate, and for the neceffary protection and prefervation of the inhabitants thereof, agreeably to the acts and refolves of the general court. 27. All public boards, the commiffary-general, all fuperintending officers of public magazines and ftores belonging to this ftate, and all commanding officers of forts and garrifons within the fame, fhall once in every three months, officially and without requifition, and at other times when required by the governor, deliver to him an account of all goods, ftores, provifions, ammunition, cannon, with their appendages, and all fmall arms with their accoutrements, and of all other public property under their care respectively; 28. Diftinguishing the quantity and kind of each, as particularly as may be; together with the condition of fuch forts and garrifons; and the commanding officer fhall exhibit to the governor, when required by him, true and exact plans of fuch forts, and of the land and fea, or harbor or harbors adjacent.

29. The governor and council fhall be compenfated for their fervices, from time to time, by fuch grants as the general court fhall think reasonable. Permanent and honorable falaries fhall be established by law, for the justices of the fuperior court.

COUNCIL.

1. There fhall be annually elected by ballot five counfellors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for fenators, fhail fome time in the month of March, give in their votes for one counfellor ; which votes fhall be received, forted, counted, certified and returned to the fecretary's office, in the fame manner as the votes for fenators, to be by the fecretary laid before the fenate and house of representatives on the first Wednefday of June.

2. And the perfon having a majority of votes in any county, fhall be confidered as duly elected a counsellor: but if no perfon fhall have a majority of votes in any county, the fenate and house of reprefentatives fhall take the names of the two perfons who have the highest number of votes in cach county, and not elected, and out of those two, fhall

elect by joint ballot, the counsellor wanted for fuch county, and the qualifications for counsellors' fhall be the fame as for fenators.

3. If any person thus chofen a counsellor, fhall be elected governor or member of either branch of the legislature, and fhall accept the truft; or if any perfon elected a counfellor, fhall refufe to accept the office; or in cafe of the death, or refignation, or removal of any counsellor out of the state; the governor may iffue a precept for the election of a new counsellor in that county where fuch vacancy fhall happen; and the choice shall be in the fame 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 difcretion; and with them, or the majority of them, may and fhall from time to time hold a council for ordering and directing 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 fenate, for bribery, corruption, mal-practice, or mal-adminiftration.

6. The refolutions and advice of the council fhall be recorded by the fecretary in a register, and figned by all the members prefent agreeing thereto; and this record may be called for at any time by either houfe of the legislature; and any member of the council may enter his opinion contrary to the refolution of the majority, with the reasons for fuch opinion.

7.

The legiflature may, if the public good fhall hereafter require it, divide the state into five diftricts, 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 fuch divifion, 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 faid elections may be adjourned from day to day, till the fame be completed; and the order of the elections fhall be as follows:

9. The vacancies in the fenate (if any) fhall be first