adjourn themfelves provided fuch adjournment fhall not exceed two days at a time.

IX. Not lefs than fixty members of the House of Reprefentatives fhill conftiture a quorum for doing business.

a

X. The House of Reprefentatives fhall be the judge of the returns, elections, and qualifications of its own menters, as pointed out in the conftitution; fhall chufe their own speaker, appoint their own officers, and fettle the rules and orders of proceeding in their own Houfe. They fhall have authority to punish by imprifonment every perfon, not member, who fhall be guilty of difrefpect to the Houfe, by any diforderly or contemptuous behaviour in its prefence; or who, in the town where the general court is fitting, and during the time of its fitting, fhall threaten harm to the body or eftate of any of its members, for any thing aid or done in the Houfe; or who fhall affault any of them therefor, or who fhall affault or arreft any witnefs or other peifon ordered to attend the Houfe, in his way in going or returning, or who fall refcue any perfon arrefted by the order of the House..

And no member of the House of Reprefentatives fhall be artefted or held to bail on mefne procefs, during his going into, returning from, or his attending the general affembly.

XI. The Senate fhall have the fame powers in the like cafes; and the governor and council fhall have the fame authority to punifh in like cafes. Provided, that no imprifonment on the warrant or order of the Governor, Council, Senate, or Houfe of Reprefentatives, for either of the above delcribed offences, be for a term exceeding thirty days.

And the Senate and Houfe of Reprefentatives may try and determine all cafes where their rights and privileges are concerned, and which by the conftitution they have authority to try and determine by committees of their own members, or in fuch other way as they may refpectively think beft.

GOVERNOR.

I. There fhall be a fupreme executive magiftrate, who fhall be filed The GOVERNOR OF THE COMMONWEALTH OF MASDACHUSETTS, and whole title fhall be, His EXCELLENCY.

II. The governor fhall be chofen annually; and no perfon fall be eligible to this office, unlefs at the time of his election he fhall have been an inhabitant of this Cominon

wealth for feven years next preceding; and uniefs he fhall at the fame time be feifed in his own right of a freehold within the Commonwealth of the value of one thouínd pounds; and unicfs he fhall declare himself to be of the Chriftian religion.

III. Thole perfons who fhail be qualified to vote for fe nators and reprefentatives within the feveral towns of this Commonwealth, fhall, at a meeting to be called for that purpofe on the firft Monday of April annually, give in the votes for a governor, to the fele&t men who fhall prefide at tuch meetings; and the town-clerk, in the prefence, and with the affistance of the felet men, fhall, in open town meeting, fort and count the votes, and form a lift of the perfons voted for, with the number of votes for each perfon against his name; and fhall make a fair record of the fame in the town books, and a public declaration thereof in the Jaid meeting; and fhall, in the prefence of the inhabitants, feal up copies of the faid lift, attefted by him and the felett men, and tranfmit the fame to the faeriff of the county, thirty days at leaft before the laft Wednesday in May; and the sheriff fhall tranfmit the fame to the fecretary's office, eventeen days at least before the faid last Wednesday in May; of the fele&t men may caule returns of the fame to be made to the office of the fecretary of the Commonwealth, seventeen days at leaf before the faid day; and the fecretary fhall lay the fame before the Senate, and the Houfe of Reprefentatives, on the laft Wednefday in May, to be by them examined; and in cafe of an electien by the majority of all the votes returned, the choice fhall be by them declared and publifhed; but if no perfon fhall have a majority of votes, the House of Reprefentatives fhall. by ballot, ele& two out of four perfons who had the highest number of votes, if fo many fhall have been voted for; but if otherwife, out of the number voted for, and make return to the Senate of the two perfons fo elected, on which the Senate fhall proceed by ballot, to elect one, who fhall be declared governor.

IV. The governor fhall have authority from time to time, at his difcretion, to affemble and call together the fellors of this Commonwealth for the time being; and the governor, with the faid counfellers, or five of them at least, fhall and may, from time to time, hold and keep a coun

for the ordering and directing the affairs of the Com

alth, agrecably to the conftitution and the laws of

V. The governor, with advice of council, fhall have full power and authority, during the feffion of the general court, to adjourn or prorogue the fame, to any time the two Houles fhall defire; and to diffolve the fame, on the day next preceding the laft Wednefday in May; and, in the recefs of the faid court, to prorogue the fame, from time to time, not exceeding ninety days in any one recefs and to call it together fooner than the time to which it may be adjourned or prorogued, if the wealth fhall require the fame. ous diftemper prevailing in the is next at any time to convene, pening whereby danger may arife to the health

welfare of the CommonAnd in cafe of any infectiplace where the faid court or any other cause hap

or lives

of the members from their attendance, he may direct the feffion to be held at fome other the most convenient place within the State,

And the governor fhall diffolve the faid general court on the day next preceding the last Wedneíday in May.

VI. In cafes of difagreement between the two Houses, with regard to the neceffity, expediency, or time of adjournment or prorogation, the governor, with the advice of the council, fhall have a right to adjourn or prorogue the general court, not exceeding ninety days, as he fhall determine the public good fhall 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 fea and land; and fhall have full power by himfelf, or by any commander,, or other officer or officers, from time to time to train, infruft, exercife, and govern the militia and navy, and for the fpecial defence and fafety to the Commonwealth, to af semble in martial array, and put in warlike pofture, the inhabitants, thereof; and to lead and conduct them, and with them to encounter, repel, refift, expel, and purfue, by force of arms, as well by fea as by land, within or without the limits of this Commonwealth; and alfo to kilk, flay, and defroy, if neceflary, and conquor, by all fitting ways, enterprizes, and means whatfoever, all and every fuch perfon and perfons as fhall, at any time hereafter, in a hoftile manner attempt or enterprife the deftruction, invafion, detriment, or annoyance of this Commonwealth; and to use and exercife, over the army and navy, and over the militia in actul fervice, the law-martial, in time of war or invafion, and alfo in time of rebellion, declared by the legislature to exift, a. occasion

fhall neceffarily require; and to take and furprise by all ways and means whitioever, all and every fuch perfon er perfen, with their fhips, arms, ammunition, and other goods, as fhall in a hostile manner invade, or attempt the invading, conquering, or annoying this Commonwealth: and that the governor be entrufted with all thefe and other povers incident to the offices of captain-general and commander in chief, and admiral, to be exercifed agiccably to the rules and regulations of the conftitution, and the laws of the land, and not otherwife.

Provided, that the faid governor fhall not, at any time hereafter, by virtue of any power by this conftitution 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 fame, without their free and voluntary confent, or the confent of the general court; except fo far as may be neceffary to march or tranfport them by land, or water, for the defence of fuch part of the State to which they cannot otherwise conveniently have accefs.

VIII. The power of pardoning offences, except fuch as perfons may be convicted of before the Senate by an impeachment of the loufe, fhall be in the governor, by and with the advice of the council: but no charter of pardon granted by the governor, with the advice of the council, before conviction, fhall avail the party pleading the fame, notwithfanding any general or particular expreffions contained therein defcriptive of the offence on offences intended to be pardoned.

IX. All judicial officers, the attorney-general, folicitor-general, all sheriffs, coroners, and regifters of probate, fhall be nominated and appointed by the governor, by and with the advice and confent of the council; and every fuch nomination shall be made by the governor, and made at leaf feven days prior to fuch appointment.

X. The captai.s and fubalterns of the militia fhall be elected by the written votes of the train-band and alarm-lift of their refpcétive c›mpnics of twenty-one years of age and upwards: the field officers of regiments fill be elefti by the written votes of the capt ans end fabalterns of their respective regiments: the brigadiers ill be elected in like nanner by the field officers of the adpeftive brigades; and fuch officers fo eletted thall be commiflioned by the governor, who fhall determine their ark.

The Inglature fall, Ly finding laws, dift the time ad

manner of convnting the electors, and of collecting vetes, and of certifying to the governor the officers elected.

The major-general fhall be appointed by the Senate and Houfe ef Reprefentatives, each having a negative upon the other; and be commiffion by the governor.

And if the electors of brigadiers, field officers, captains, or Fibalterns, fhall negleft or refufe to make fuch elections, after being duly notified, according to the laws for the time being, then the governor, with advice of council, fhall appoint fuitable perfons to fill fuch offices.

And no officer, duly commiffioned to command in the militia, fhall be removed from his office, but by the addrefs of both Houfes to the governor, or by fair trial in court-martial, purfuant to the laws of the Cominenwealth for the time being.

The commanding officers of regiments fhall appoint their adjatants and quarter-mafters; the brigadiers their brigade-majors; and the major-generals their aids; and the governor fhall appoint the adjutant-general.

The governor, with advice of council, fhall appoint all of ficers of the continental army, whom, by the confederation of the United States, it is provided, that this Commonwealth fhall appoint, as alfo all officers of forts and gariifons.

The divifions of the militia into brigades, regiments and companics, made in pursuance of the militia laws now in force, fhall be confidered as the proper divifions of the militia of this Commonwealth, until the fame fhall be altered in pursuance of to e future law.

XI. No monies fhall be iffued out of the treasury of this Commonwealth, and difpofed of (except fuch fums as may be ap propriated for the redemption of bills of credit or treafurers notes, or for the payment of interefts arifing thereon) but by warrant under the hand of the governor for the time being, with the advice and confent of the council, for the necessary cefence and fupport of the Commonwealth; and for the protition and prefervation of the inhabitants thereof, agreeably to tarafts and refolves of the general court.

XH. All public beards, the comunitary-general, all fuperintending officers of public magazines and ftores belonging to this Commonwealth, and all commanding officers of forts and garnons within the fame, fh. once in every three months, efficily, and without requifition. and at other times when rcged by the governor, cover to him an account of all pords, flores, provifions, armmunition, cannon with their apes, and Imall- as with their accoutrements, and of all