every fuch person and perfons as fhall, at any time hereafter, in a hoftile manner attempt or enterprise the deftruction, invasion, detriment, or annoyance of this Commonwealth; and to use and exercife, over the army and navy, and over the militia in actual fervice, the lawmartial, in time of war or invafion, and alfo in time of rebellion, declared by the legislature to exift, as occafion fhall neceffarily require; and to take and surprise by all ways and means whatsoever, all and every fuch perfon or perfons, with their fhips, arms, ammunition, and other goods, as fhall 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 faid 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 of the inhabitants of this Commonwealth,

any

or

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 access.

VIII. The power of pardoning offences, except such as persons may be convicted of before the Senate by an impeachment of the Houfe, fhall 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, shall 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 fhall 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 shall 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, shall be commiffioned by the Governor, who shall determine their rank.

The legislature fhall, 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 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, fhall appoint fuitae 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-marțial, 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 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 shall be altered in pursuance of fome future law.

XI. No monies fhall be iffued out of the treafury 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 interefts 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 i and for the protection and prefervation 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 ftores belonging to this Commonwealth, and all commanding officers of forts and garrifons 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, provifions, 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 garrisons and the faid commanding officer fhall exhibit to the Governor, when re