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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 nega ative 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, 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 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, shall appoint all officers of the continental army, whom (by the confederation of the United States) it is provided that this Cominonwealth shall appoint, as also all officers of forts and garrisons..
The divisions of 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 monies shall be issued out of the treasury of this Commonwealth, and disposed of (except such sums, as may be appropriated for the redemption of bijis of credit or treasurer's 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 act and resolves of the General Court.
XII. All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this Commonwealth, and all cominanding officers of sorts and farrisons within the same, shall, once in every three months, officially, and without requisition, and at other times, when required by the Go- . vernor, 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 harbour cr harbours adjacent.
And the said boards, and all public officers, shall communicate to the Governor', as soon as may be, after receiving the same, all dispatches 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 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 and 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.
Permanent and honourable salaries shall also be estab. lished by law, for the Justices of the Supreme Judicial Courta
And if it shall be found, that any of the salariese aforesaid, so established, are insufficient, they shall, from time to time, be enlarged, as the General Court shall judge proper.
1 Chap. II.-Sect. II.
LIEUTENANT-GOVERNOR. ART. I. THERE shall be anuually elected a Lieutenant-Governor of the Commonwealth of Massachusetts, whose title shall be, His Honour ; 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. .
II. The Governor, and, in his absence, the Lieutenant-Govejnor, shall be the President of the Council, but shall have no vote in Council; and the LieutenantGovernor 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 authori. ties, which, by this Constitution, the Governor is vested with, when personally present.
Chap. II.--Sect. III.
the Legislature. ART. I. THERE shall be a Council, for advising the Governor in the executive part of government,
to consist of nine persons, besides the Lieutenant-Governor, whom the Governor, for the time being, shall have full power and authority, from time to time, at his discretion, to assemble and call together. And the Governor, with the said Counsellors, 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.
II. Nine Counsellors shall be annually chosen fronı among the persons returned for Counsellors and Senators, on the last Wednesday in May, by the joint bal• lot of the Senators and Representatives assembled in one room. And in case there shall not be found, upon the first choice, the whole number of nine persons, who will accept a seat 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 the Senate, and accepting the trust shall be vacated in the Senate. !
III. The Counsellors, in the civil arrangements of the Commonwealth, shall have rank next after the Lieutenant-Governor, i
IV. Not more than two Counsellors shall be chosen out of any one district of this Commonwealth.
V. The resolutions and advice of the Council shall be 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..:
VI. Whenever the office of the Governor and Lieutenant-Governor shall be vacant, by reason of death, absence, or otherwise, then the Council, or the major part of them, shall, during such vacancy, have full pow. er and authority, to do and execute, all and every such acts, matters and things, as the Governor or Lieutenant Governor might or could, by virtue of this Constitution, do or execute, if they, or either of them, were personally present.
VII. And whereas the elections, appointed to be made by this Constitution, on the last Wednesday ili May annually, by the two Houses of the Legislature, may not be completed on that day, the said elections iņay be adjourned, from day to day, until the same shall be completed. And the order of elections shall be as follows: The vacancies in the Senate, if any, shall first be filled up ; the Governor and Lieutenant-Govere sor shail then be elected, provided there shall be no choice of them by the people; and afterwards the two Houses shall proceed to the election of the Council. ;
Chap. II.--SECT. IV.
: Secretary, Treasurer, Commissary, Eca: ART. I. THE Secretary, Treasurer, and ReceiverGeneral, and the Commissary-General, Notaries Public, andNaval officers, shall be chosen annually, by joint ballot of the Senators and Representatives in one room. And that the citizens of this Commonwealth may be assured, from time to time, that the monies remaining in the public treasury, upon the settlement and liqui. dation of the public accounts, are their property, no man shall be eligible, as Treasurer and Receiver-General, inore than five years successively.
II. The records of the Commonwealth shall be kept in the offce of the Secretary, who may appoint his deputies, for whose conduct he shall be accountable ; and he shall attend the Governor and Council, the Sena ate and House of Representatives in person, or by his deputies, as they shall respectively requirea...
inosi JUDICIARY POWER. Aat. I. THE tenure, that all commission officers shall by law have in their offices, shall be expressed in their respective commissions, all judicial officers, duly appointed, cominissioned and sworn, shall hold their offices during good behaviour, excepting such concern. ing whom there is different provision made in this Con. stitution ; provided nevertheless, the Governor, with consent of the Council, may remove them upon the ad. tress of both Houses of the Legislature.