Page images

or oblige them to march out of the limits of the fame, 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 the Council: but no charter of pardon granted by the Governor, with advice of the Council, before conviction, mall 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, 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

X. The captains and subalterns of the militia /hall 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 mall be elected in like manner by the field-officers of their respective brigades: and such officers so elected, (hall be commissioned by the Governor, who shall de» termine 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.

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, /hall 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 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 shall appoint the adjutant-general.

The Governor, with advice of Council, (hall appoint all officers of the continental army, whom by the consederation 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 fame shall be altered in pursuance of some future law.

XI. No monies shall be issued out of the treasury of this Commonwealth, and disposed ps (except such sums as may be appropriated


[ocr errors]

for the redemption of bills of credit or treasurers notes, or for the payment of interests 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.

XII. All public boards, the commissarygeneral, all superintending 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 requisition, and at other timeswhen 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 respective, Jy; 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 tp the Governor, when re

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

And the said boards, and all public officers, mall communicate to the Governor, as soon as may be after receiving the fame, all letters, dispatches, and intelligence of a public nature which mall be directed to them respectively.

XIII. As the public good requires that the Governor mould not be under the undue insluence 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 honourable 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 acordingly.


« PreviousContinue »