all superintending officers of public magazines and stores, belonging to this Commonwealth, and all commanding officers of forts and garrisons within the same, shall, once in every three months, officially and without requisition, and at other times, when 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 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 harbor or harbors, adjacent.

And the said boards, and all public officers, shall communicate to the governor as soon as may be after receiving the same, all letters, despatches, and intelligences 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 honorable 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 honorable salaries shall also be established by law for the justices of the supreme judicial court.

And if it shall be found that any of the salaries aforesaid, so established, are insufficient, they shall, from time to time, be enlarged, as the general court shall judge proper.

CHAPTER II.

SECTION II.

Lieutenant Governor.

ART. I. There shall be annually elected a lieutenant governor of the Commonwealth of Massachusetts, whose title shall be HIS HONOR, and who shall be qualified, in point of 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 gov ernor is to be elected, in case no one person shall have a majority of the votes of the people to be governor.

The lieutenant governor shall hold his office for one year next following the first Wednesday of January, and until another is chosen and qualified in his stead,

II. The governor, and in his absence the lieutenant governor, shall be president of the council, but shall have no vote in council; and the lieutenant governor 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 authorities which, by this constitution, the gov ernor is vested with, when personally present.

CHAPTER II.

SECTION III.

Council, and the Manner of Settling Elections, by the Legislature.

ART. I. There shall be a council for advising the governor in the executive part of the 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 from among the people at large, on the first Wednesday of January, or as soon thereafter as may be, by

the joint ballot of the senators and representatives, assembled in one room, who shall, as soon as may be, in like manner, fill up any vacancies that may happen in the council, by death, resignation, or otherwise. No person shall be elected a counsellor who has not been an inhabitant of this Commonwealth, for the term of five years immediately preceding his election; and no possession of a freehold, or of any other estate, shall be required as a qualification for holding a seat in the council.

The counsellors shall hold their respective offices for one year next following the first Wednesday of January, and until others are chosen and qualified. in their stead.

III. The counsellors, in the civil arrangements of the Commonwealth, shall have rank next after the lieutenant governor.

IV. Not more than one counsellor shall be chosen from any one senatorial 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 governór 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 power and authority to do and execute all and every such acts, matters and things, as the governor or the lieutenant governor might or could

by virtue of this constitution, do or exccute, if they, or either of them, were personally present.

VII. And whereas the elections appointed to be made by this constitution, on the first Wednesday in January annually, by the two houses of the legislature, may not be completed on that day, the said elections may 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 governor shall then be elected, provided there should be no choice of them by the people; and afterwards the two houses shall proceed to the election of the council.

CHAPTER II.

SECTION IV.

Secretary and Treasurer.

ART. I. The secretary, and treasurer and receiver general, 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 moneys remaining in the public treasury, upon the settlement and liquidation of the public accounts, are their property, no man shall be eligible as treasurer and receiver general more than five years succes. sively.

In case the office of secretary or treasurer of the Commonwealth shall become vacant from any cause during the recess of the general court, the governor, with the advice and consent of the council, shall nominate and appoint, under such regulations as may be prescribed by law, a competent and suit