the continental army, whom (by the confederation of the United States) it is provided that this state shall appoint; aş also all officers of forts and garrisons.

The division 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 state, until the same shall be altered by some future law.

No moneys shall be issued out of the treasury of this state and disposed of except such sums as may be appropri ated for the redemption of bills of credit or treasurer's notes, or for the payment of interest arising thereon, by warrant, under the hand of the governor for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

All public boards, the commissary general, all superintending officers of public magazines and stores, belonging to this state, 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 requir ed 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 under their care respectively; distinguishing the quantity and kind of each, as particularly as may be; together with the condition of such forts and garrisons: and the 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 or harbours adjacent.

The governor and council shall be compensated for their services from time to time, by such grants as the general court shall think reasonable.

Permanent and honourable salaries shall be established by law for the justices of the supreme court.

COUNCIL.

There shall be annually elected, by ballot, five counsellors, for advising the governor in the executive part of the. government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall, sometime in the month of March, give in their votes for one counsellor; which votes shall be received, sorted, counted, certified

and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives, on the last Wednesday in October.

And the person having a majority of votes in any county shall be considered as duly elected a counsellor; but if no person shall have a majority of votes in any county, the senate and house of representatives shall take the names of the two persons who have the highest number of votes in each county and not elected, and out of those two shall elect, by joint ballot, the counsellor wanted for such county.

Provided, nevertheless, That no person shall be capable of being elected a counsellor who has not an estate of the value of five hundred pounds within this state, three hundred pounds of which (or more) shall be a freehold in his own right, and who is not thirty years of age; and who shall not have been an inhabitant or this state for seven years immediately preceding his election; and at the time of his election an inhabitant of the county in which he is elected.

The secretary shall annually, seventeen days before the last Wednesday in October, give notice of the choice of persons elected.

If any person shall be elected governor, or member of either branch of the legislature, and shall not accept the trust; or if any person elected a counsellor shall refuse to accept the office; or in case of the death, resignation, or removal of any counsellor out of the state, the governor may issue a precept for the election of a new counsellor in that county where such vacancy shall happen: and the choice shall be in the same manner as before directed: and the governor shall have full power and authority to convene the council, from time to time, at his discretion: and, with them, or the majority of them, may, and shall, from time to time, hold a council, for ordering and directing the affairs of the state according to the laws of the land.

The members of the council may be impeached by the house, and tried by the senate, for bribery, corruption, malepractice, or maleadministration.

The resolutions and advice of the council shall be recorded by the secretary, in a register, and signed by all the members present agreeing thereto; and this record may be called for at any time by either house of the legislature; and any member of the council may enter his opinion contrary

to the resolutions of the majority, with the reasons for such opinion.

The legislature may, if the public good shall hereafter re quire it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable polls, and proportion of public taxes: each district to elect a counsellor; and in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.

And whereas the elections appointed to be made by this constitution, on the last Wednesday of October 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 may be completed; and the order of the elections shall be as follows: the vacancies in the senate, if any, shall be first filled up: the governor shall then be elected, provided there shall be no choice of him by the people; and afterwards the two houses shall proceed to fill up the vacancy, if any, in the council.

SECRETARY, TREASURER, COMMISSARY GENERAL, &c. The secretary, treasurer, and commissary general, shall be chosen by joint ballot of the senators and representatives assembled in one room.

The records of the state shall be kept in the office of the secretary, and he shall attend the governor and council, the senate and representatives, in person, or by deputy, as they may require.

The secretary of the state shall, at all times, have a deputy, to be by him appointed; for whose conduct in office he shall be responsible. And in case of the death, removal, or inability of the secretary, his deputy shall exercise all the duties of the office of secretary of this state, until another shall be appointed. The secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the state, for the punctual performance of his trust.

COUNTY TREASURER, &c.

The county treasurers, and registers of deeds, shall be elected by the inhabitants of the several towns in the seve ral counties in the state, according to the method now prac sed, and the laws of the state.

Provided, nevertheless, The legislature shall have authority to alter the manner of certifying the votes, and the mode of electing those officers; but not so as to deprive the people of the right they now have of electing them.

And the legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary; each district to elect a register of deeds; and before they enter upon the business of their office, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bonds, with sufficient sureties, in a reasonable sum, for the use of the county, for the punctual performance of their respective

trusts.

JUDICIARY POWER.

It shall be the duty of the general court to make a reform in the judiciary system, that justice may be administered in a more cheap and expeditious manner than is now practised, and that no party shall have a review after the cause has been determined against him twice by jury.

The general court is hereby empowered to make alterations in the power of jurisdiction of the courts of common pleas, and general sessions of the peace, respectively; or, if they shall judge it necessary for the public good, to abolish those courts, or either of them; and invest such other courts, as they may establish, with the jurisdiction and powers now vested in the court of common pleas, and courts of general sessions of the peace, as the general court may, from time to time, judge expedient for the due administration of law and justice.

And it shall be the duty of the general court to vest in such court or courts of law, as to them may appear expedient, the power of granting new trials, or a trial after judg ment, either upon verdiet of a jury, default, nonsuit, or complaint, for affirmation of judgment, in all cases where substantial justice has not been done, except as before excepted, in such manner, and under such restrictions and regulations, as to the general court may appear for the public good; provided, application be made for such review or trial within one year from the rendition of judgment.

For the more effectual preserving the proper separation of the three great powers of government, agreeably to the thirty-seventh article in the bill of rights, the power of lies

ing and deciding in cases of equity, shall be vested either in some judicial court or courts, or in some court to be established specially for that purpose: provided no power shall be granted to any such courts, incompatible with the bill of rights and constitution. And the powers of said court shall be limited and defined by express laws; and no suit in equity shall be sustained where clear and adequate remedy may be had at law.

The general court are empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not exceed four pounds, and title of real estate is not concerned; but with right of appeal to either party to some other court, so that a trial by jury in the last resort may be had.

No person shall hold the office of a judge in any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.

No judge of any court, or justice of the peace, shall act as attorney, or be of counsel, to any party, or originate any civil suit, in matters which shall come or be brought before hin as judge, or justice of the peace.

All matters relating to the probate of wills, and granting letters of administration, shall be exercised by the judges of probate, in such manner as the legislature have directed, or may hereafter direct; and the judges of probate shall hold their courts at such place or places, on such fixed days as the conveniency of the people may require, and the legislature from time to time appoint.

No judge or register of probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending, or may be brought into any court of probate in the county of which he is judge or register.

CLERKS OF COURT.

The judges of the courts (those of the probate excepted) shall appoint their respective clerks, to hold their office during pleasure; and no such clerks shall act as an attorney, or be of counsel, in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.

ENCOURAGEMENT OF LITERATURE, &C.

Knowledge and learning, generally diffused through a ommunity, being essential to the preservation of a free go