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 transport 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 such as perfons may be convicted of before the Senate by an impeachment of the House, shall be in the Governor, by and with the advice of the Council: but no charter of pardon granted by the Governor, with advice of the Council, before conviction, fhall avail the party pleading the fame, notwithstanding any general or particular expreffions contained therein descriptive of the offence or offences intended to be pardoned.

IX. All judicial officers, the attorney-general, folicitor-general, all sheriffs, coroners, and registers of probate, shall be nominated and appointed by the Governor, by and with the advice and confent of the Council; and every fuch nomination fhall be made by the Governor, and made at least seven days prior to fuch appoint

ment.

:

X. The captains and fubalterns of the militia shall be elected by the written votes of the train-band and alarm lift of their respective companies of twenty-one years of age and upwards the field-officers of regiments fhall be elected by the written votes of the captains and fubalterns of their refpective regiments: the brigadiers fhall be elected in like manner by the field-officers of their respective brigades and fuch officers fo elected, fhall be commiffioned by the Governor, who fhall determine their rank.

The legislature fhall, by ftanding 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 fhall be appointed by the Senate and House of Representatives, each having a negative upon the other; and be commiffioned by the Governor.

And if the electors of brigadiers, field-officers, captains, or fubalterns, fhall neglect or refufe to make fuch elections, after being duly noti fied, according to the laws for the time being, then the Governor, with advice of Council, shall appoint fuitable perfons to fill fuch

offices.

And

And 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 court-martial, pursuant to the laws of the Commonwealth for the time being.

The commanding officers of regiments shall appoint their adjutants and quarter-masters ; 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 officers of the continental army, whom by the confederation of the United States it is provided that this Commonwealth shall appoint, as alfo all officers of forts and garrifons.

The divifions of the militia into brigades, regiments and companies, 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 fome future law.

XI. No monies fhall be iffued out of the treasury of this Commonwealth, and disposed of (except fuch fums as may be appropriated

for

for the redemption of bills of credit or treasurers notes, or for the payment of interests 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 neceffary defence and fupport of the Commonwealth ; and for the protection and preservation of the inhabitants thereof, agreeably to the acts and refolves of the General Court.

XII. All public boards, the commiffarygeneral, all fuperintending officers of public magazines and stores belonging to this Commonwealth, and all commanding officers of forts and garrisons within the fame, shall 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, provisions, ammunition, cannon with their appendages, and fmall-arms with their accoutrements, and of all other public property whatever under their care respective ly; diftinguishing the quantity, number, quality and kind of each, as particularly as may be; together with the condition of fuch forts and garrifons and the faid commanding officer fhall exhibit to the Governor, when re

quired

quired by him, true and exact plans of fuch forts, and of the land and fea, or habour or harbours adjacent.

And the faid boards, and all public officers, fhall communicate to the Governor, as foon as may be after receiving the fame, all letters, difpatches, and intelligence of a public nature, which shall be directed to them respectively.

XIII. As the public good requires that the Governor 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 cafes act with freedom for the benefit of the public-that he should not have his attention neceffarily diverted from that object to his private concerns→→→ and that he should maintain the dignity of the Commonwealth in the character of its chief magiftrate-it is neceffary that he should have an honourable stated falary, of a fixed and permanent value, amply fufficient for those purposes, and established by standing laws and it fhall be among the first acts of the General Court, after the commencement of this Conftitution, to establish such falary by law acordingly.

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