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right of a freehold within the Commonwealth of the value of one thousand poundsand 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 fcowns of this Commonwealth, mall, at a meeting to be called for that purpose, on the first Monday os 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 (hall make a fair record of the fame 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 Wednes■■■ * * -.. . .,j -. . ,

.. day day in May; or the Selectmen may cause returns of the fame 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 fame before the Senate, and the House of Representatives, on the last Wednesday in May, to be by them examined: and in case of an election by the 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.

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IV, The Governor shall have authority from time to time, at his discretion, to assemble and call together the Councillors of this Commonwealth for the time being; 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 F 3 and and directing the affairs of the Commonwealth, agreeably to the Constitution and the laws of the land.

V. The Governor, with advice of Council, mall have full power and authority, during the session of the General Court, to adjourn or prorogue 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 niay 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 ths two Houses with regard to the necessity, expediency, or time of adjournment or prorogation, the Governor, with the advice of the Council, mall have a right to adjourn or prorogue the General Court, not exceeding ninety days, as he shall determine the public good mall 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 Cora-? monwealth, 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

F 4 every every such person and persons as shall, at any time hereafter, in a hostile manner attempt or enterprise the destruction, invasion, detrir ment, or annoyance of this Commonwealth} and to use and exercise, over the army and navy, and over the militia in actual service, the lawmartial, 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 entrusted with all these and other powers incident to the offices of Captaingeneral 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*

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