CONSTITUTION OF NEW-IIAMPSHIRE.    617

Governor and Council; and every such nomination shall be made at
least three days prior to such appointment; and no appointment shall
take place unless a majority of the Council agree thereto.

47. The Governor and Council shall have a negative on each other,
both in the nominations and appointments. Every nomination and ap-
pointment shall be signed by the Governor and Council, and every
negative shall be also signed by the Governor or Council, who made the
same.

48. The captains and subaltei ns in the respective regiments shall be
nominated and recommended by the field officers to the Governor, who
is to issue their commissions immediately on receipt of such recom-
mendation.

49. Whenever the chair of the Governor shall become vacant by rea-
son of his death, absence from the State, or otherwise, the President of
the Senate shall, during such vacancy, have and exercise all the powers
and authorities which,'by this constitution, the Governor is vested with
when personally present; but when the President of the_ Senate shall
exercise the office of Governor, he shall not hold his office in the Senate.

50. The Governor, with advice of Council, shall have full power and
authority, in recess of the General Court, to prorogue the same from
time to time, not exceeding ninety days in any one recess of said court;
and, during the sessions of said Court, to adjourn or prorogue it to any-
time the two Houses may desire, and to call it together sooner than the
time to which it may be adjourned or prorogued, if the welfare of the
State should require the same.

51. The Governor of this State, for the time being,, shall be com-
mander-in-chief of the army and navy, and all the military forces of
the State by sea and hind; and shall have full power by himself or by
any chief 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 this State, to assemble in martial array,
and put in warlike posture the inhabitants thereof, and to lead and con-
duct them, and with them to encounter, repulse, repel, resist and pursue
by force of arms, as well by sea as by land, within and without the
limits of this State; and also to kill, slay, destroy, if necessary, and
conquer by all fitting ways, enterprise and means, all and every such
person and persons as shall at any time hereafter, in a hostile manner,
attempt or enterprise the destruction, invasion, detriment, or annoyance
of this State; and to use and exercise over the army and navy, and

.over the militia in actual service, the law-martial in time of Avar, inva-
sion, and also in rebellion declared by the Legislature to exist, as oc-
casion shall necessarily require; and surprise, by all ways and means
whatsoever, all and every such person and persons, with their ships,
arms, ammunition, and other goods, as shall in a hostile manner invade
or attempt the invading, conquering or annoying this State; and in fine,
the Governor hereby is intrusted with all other powers incident to the
office of captain-general and commander-in-chief and admiral, to be ex-
ercised agreeably to the rules and regulations of the constitution and the
laws of the land: Provided, That the Governor shall not at any time
hereafter, by virtue of any power by this constitution granted, or here-
after to be granted to him by the Legislature, transport any of the in-
habitants of this State, 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, nor grant commissions for exercising the law-martial in
any ease, without the advice and consent of the Council.

52. The power of pardoning offenses, except such as persons may be
convicted of before the Senate, by impeachment of the House, shall be
in the Governor, by and with the advice of Council; but no charter of
pardon, granted by the Governor, with advice of Council, before con-
viction, shall avail the party pleading the same, notwithstanding any