IX.

Not less than sixty members of the House of Representatives shall constitute a quorum for doing business.

X.

The House of Representatives shall be the judge of the returns, elections, and qualifications, of its own members, as pointed out in the Constitution; shall choose their own Speakers; appoint their own officers, and settle the rules and orders of proceeding in their own House. They shall have authority to punish, by imprisonment, every person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behaviour in its presence; or who, in the town where the General Court is sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the House; or who shall assault any of them therefor; or who shall assault, or arrest any witness, or other person, ordered to attend the 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 Assembly.

XI.

The Senate shall have the same powers in the like cases; and the Governor and Council shall have the same authority to punish in like cases; provided that no imprisonment, 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. And the Senate and House of Representatives may try 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,

CHAPTER II.

EXECUTIVE POWER.

ARTICLE I.

GOVERNOR.

ARTICLE I.

THERE shall be a Supreme Executive Magistrate, who shall be styled the Governor of the Commonwealth of Massachusetts; and whose title 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 Commonwealth, for seven years next preceding; and unless he shall, at the same time, be seized, in his own right, of a freehold within the Commonwealth, of the value of one thousand pounds; and unless he shall declare himself to be of the christian religion,

III.

Those persons, who shall be qualified to vote for 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, give in their votes for a Governor, to the Selectmen, who shall preside at such meetings; and the Town Clerk, in the presence and with the assistance of the Selectmen, shall, 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 a fair record of the same in the town books, and a public declaration thereof in the said meeting; and shall, in the presence 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 the same to the Secretary's office, seventeen days, at least, before the said last Wednesday in May; or the Selectmen 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 Wednsesday in May, to be by them examined; and in case of an election, by a majority of all the votes returned, the choice shall be by them declared and published. But if no person shall have a majority of 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 time, at his discretion, to assemble and call together the Counsellors of this Commonwealth for the time being; and the Governor, with the said Counsellors, 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 full power and authority, during the session of the General Court, to adjourn or piorogue 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 the 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, 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 conquer, by all fitting ways, enterprizes, 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 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 occasion shall necessarily require; and to take and surprize, 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 entrusted 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 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 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 train band and alarm list of their respective companies, of twenty one years of age and upwards;-See Amendment, Article V.] 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 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 the votes, and of certifying to the Governor, the officers elected.