Massachusetts Constitution of 1780
217
pardon, granted by the Governor, with advice of Council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence, or offenses intended to be pardoned.
ix.—all judicial officers, the Attorney-General, the Solicitor-General,
all Sheriffs, Coroners, and Registers of Probate, shall be nominated and
appointed by the Governor, by and with the advice and consent of the
Council; and every such nomination shall be made by the Governor, and
made at least seven days prior to such appointment.
x.—the Captains and subalterns of the militia shall be elected by the
written votes of the train-band and alarm list 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 subalterns
of their respective regiments: The Brigadiers shall be elected in like manner, by the field officers of their respective brigades: And such officers, so
elected, shall be commissioned by the Governor, who shall determine
their rank.
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 negative 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 MajorGenerals their Aids: and the Governor shall appoint the Adjutant General.
The Governor, with advice of Council, shall appoint all officers of the