The president and council, shall appoint all officers of the continental army, whom by the confederation of the United States it is provided that this state shall appoint, as 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 division of the militia of this state, until the same shall be altered by some future law.
No monies shall be issued out of the treasury of this state, and disposed of (except such sums as may be appropriated for the redemption of bills of credit or treasurers’ notes, or for the payment of interest arising thereon) but by warrant under the hand of the president 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 required by the president, 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 president, when required by him, true and exact plans of such forts, and of the land and sea, or harbour or harbours adjacent.
The president and council shall be compensated for their services from time to time by such grants as the general court shall think reasonable.
Permanent and honorable salaries shall be established by law for the justices of the superior court.
Whenever the chair of the president shall be vacant, by reason of his death, absence from the state, or otherwise, the senior senator for the time being, shall, during such vacancy, have and exercise all the powers and authorities which by this constitution the president is vested with when personally present.
council
Annually, on the first meeting of the general court, two members of the senate and three from the house of representatives, shall be chosen by joint ballot of both houses as a council, for advising the president in the executive part of government, whom the president for the time being, shall have full power and authority to convene from time to time, at his discretion, and the president with the counsellors, or three of them at least, shall and may from time to time hold and keep a council, for ordering and directing the affairs of the state according to the laws of the land.
The qualifications for counsellors, shall be the same as those required for senators. The members of the council shall not inter-
