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America’s First Constitutions and Declarations of Rights
vii.—the Governor of this Commonwealth, for the time being, shall be
the commander-in-chief of the army and navy, and of all the military
forces of the State, by sea and land; and shall have full power, by himself,
or by any commander, or other officer or officers, from time to time, to
train, instruct, exercise and govern the militia and navy; and, for the special defense and safety of the Commonwealth, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and
conduct them, and with them, to encounter, repel, resist, expel and pursue,
by force of arms, as well by sea as by land, within or without the limits of
this Commonwealth, and also to kill, slay and destroy, if necessary, and
conquer, by all fitting ways, enterprises and means whatsoever, all and
every such person and persons as shall, at any time hereafter, in a hostile
manner, attempt or enterprize the destruction, invasion, detriment, or annoyance of this Commonwealth; and to use and exercise, over the army
and navy, and over the militia in actual service, the law martial, in time of
war or invasion, and also in time of rebellion, declared by the legislature
to exist, as occasion shall necessarily require; and to take and surprise by
all ways and means whatsoever, all and every such person or persons,
with their ships, arms, ammunition and other goods, as shall, in a hostile
manner, invade, or attempt the invading, conquering, or annoyance of this
Commonwealth; and that the Governor be intrusted with all these and
other powers, incident to the offices of Captain-General and Commanderin-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 said 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 any of the inhabitants of
this Commonwealth, or oblige them to march out of the limits of the
same, 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 offenses, 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 Council. But no charter of