any time hereafter, in a hostile manner, attempt or enterprise 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 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 Limitation. 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. council may offences, VIII. The power of pardoning offences, except such Governor and as persons may be convicted of before the senate by an pardon impeachment of the house, shall be in the governor, by except, etc. 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, But not before notwithstanding any general or particular expressions 109 Mass. 323. contained therein, descriptive of the offence or offences intended to be pardoned. conviction. cers, etc., how appointed. IX. All judicial officers, [the attorney-general,] the Judicial offisolicitor-general, [all sheriffs,] coroners, [and registers of nominated and probate,] shall be nominated and appointed by the gov- For provisions ernor, by and with the advice and consent of the council; of attorneyand every such nomination shall be made by the governor, amendments, and made at least seven days prior to such appoint- Art. XVII. ment. For provision as to election of sheriffs, registers of probate, etc., see amendments, Art. XIX. For provision as to appointment of notaries public, see amendments, Art. IV. as to election general, see Militia officers, how elected. Limitation of age struck out by amend ments, Art. V. How commissioned. Election of officers. Major-generals, how appointed and commissioned. Vacancies, how filled, in case, etc. Officers duly commissioned, how removed. Superseded by amendments, Art. IV. Adjutants, etc., how appointed. Army officers, how appointed. Organization of militia. Money, how drawn from the treasury, except, etc. 13 Allen, 593. 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;] 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 votes, and of certifying to the governor, 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. For provisions as to appointment of a commissary-general, see amendments, Art. IV. 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 courtmartial, pursuant to the laws of the commonwealth for the time being.] The commanding officers of regiments shall appoint their adjutants and quartermasters; 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 moneys 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 commonwealth; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court. boards, etc., to returns. XII. All public boards, the commissary-general, all All publie superintending officers of public magazines and stores, make quarterly belonging to this commonwealth, 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, ammunition, 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. governor. And the said boards, and all public officers, shall communicate to the governor, as soon as may be after receiving the same, all letters, despatches, and intelligences of a public nature, which shall be directed to them respectively. XIII. As the public good requires that the governor Salary of should not be under the undue influence of any of the members of the general court by a dependence on them for his support, that he should in all cases act with freedom for the benefit of the public, that he should not have his attention necessarily diverted from that object to his private concerns, and that he should maintain the dignity of the commonwealth in the character of its chief magistrate, it is necessary that he should have an honorable stated salary, of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws: and it shall be among the first acts of the general court, after the commencement of this constitution, to establish such salary by law accordingly. tices of su Permanent and honorable salaries shall also be estab- Salaries of juslished by law for the justices of the supreme judicial preme judicial court. court. Salaries to be enlarged if insufficient. And if it shall be found that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time, be enlarged, as the general court shall judge proper. Lieutenantgovernor; his fications. See amendments, Arts. VII. and How chosen. CHAPTER II. SECTION II. Lieutenant-Governor. ARTICLE I. There shall be annually elected a lieutitle and quali- tenant-governor of the commonwealth of Massachusetts, whose title shall be HIS HONOR; and who shall be qualified, in point of [religion,] [property,] and residence in the commonwealth, in the same manner with the governor; and the day and manner of his election, and the qualifications of the electors, shall be the same as are required in the election of a governor. The return of the votes for this officer, and the declaration of his election, shall be in the same manner; [and if no one person shall be found to have a majority of all the votes returned, the vacancy shall be filled by the senate and house of representatives, in the same manner as the governor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.] Election by plurality provided for by amendments, Art. XIV. President of council. Lieutenantgovernor a member of, except, etc. Lieutenantgovernor to be acting governor, in case, etc. II. The governor, and in his absence the lieutenantgovernor, shall be president of the council, but shall have no vote in council; and the lieutenant-governor shall always be a member of the council, except when the chair of the governor shall be vacant. III. Whenever the chair of the governor shall be vacant, by reason of his death, or absence from the commonwealth, or otherwise, the lieutenant-governor, for the time being, shall, during such vacancy, perform all the duties incumbent upon the governor, and shall have and exercise all the powers and authorities, which by this constitution the governor is vested with, when personally present. CHAPTER II. SECTION III. Council, and the Manner of settling Elections by the Legislature. Number of changed to See amendments, Art. ARTICLE I. There shall be a council for advising the Council. governor in the executive part of the government, to con- councillors sist of [nine] persons besides the lieutenant-governor, eight. whom the governor, for the time being, shall have full power and authority, from time to time, at his discretion, XVI. to assemble and call together; and the governor, with the said councillors, 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, according to the laws of the land. whom, and amendments, Arts. X. and amendments, II. [Nine councillors shall be annually chosen from Number; from among the persons returned for councillors and senators, how chosen. on the last Wednesday in May, by the joint ballot of Modified by the senators and representatives assembled in one room; Arti and in case there shall not be found upon the first choice, Superseded by the whole number of nine persons who will accept a seat Art. XVI. in the council, the deficiency shall be made up by the electors aforesaid from among the people at large; and the number of senators left shall constitute the senate for the year. The seats of the persons thus elected from If senators bethe senate, and accepting the trust, shall be vacated in the come councilsenate.] lors, their seats to be vacated. councillors. III. The councillors, in the civil arrangements of the Rank of commonwealth, shall have rank next after the lieutenantgovernor. IV. [Not more than two councillors shall be chosen No district to out of any one district of this commonwealth.] Superseded by amendments, Art. XVI. have more than two. council. V. The resolutions and advice of the council shall be Register of recorded in a register, and signed by the members present; and this record may be called for at any time by either house of the legislature; and any member of the council may insert his opinion, contrary to the resolution of the majority. ercise the VI. Whenever the office of the governor and lieuten- Council to exant-governor shall be vacant, by reason of death, absence, power of govor otherwise, then the council, or the major part of them, etc. ernor in case, |