227 



except where, in other parts of this constitutionj sucli 

 appointment is expressly given them. 



The executive powers sliall be exercised by a Go- 

 vernor, who shall be chosen by joint ballot of both 

 houses of assembly, and when chosen shall remain in 

 office five years, and be ineligible a second time. Du- 

 ring his term he shall hold no other office or emolu- 

 ment under this state, or any other state or power 

 whatsoever. By executive powers, we mean no refer- 

 ence to those ])Owers exercised under our former gov- 

 ernment by the crown as of its prerogative, nor that 

 these shall be the standard of what may or may not be 

 deemed the rightful powers of the governor. We give 

 him those powers only, which are necessary to execute 

 the laws (and administer the government) and which 

 are not in their nature either legislative or judiciary. 

 The apphcation of this idea must be left to reason. We 

 do however expressly deny him the prerogative powers 

 of erecting courts, offices, boroughs, corporations, fairs, 

 markets, ports, beacons, light-houses, and sea-marks ; 

 of laying embargoes, of establishing ])recedence, of re- 

 taining within the state, or recalling to it any citizens 

 thereof, and of making denizens, excepj: so far as he 

 may be authorized from time to time by the legislature 

 to exercise any of those powers. The power of de- 

 claring war and concluding peace, of contracting allian- 

 ces, of issuing letters of marque and reprisal, of raising 

 and introducing armed forces, of building armed ves- 

 sels, forts, or strong holds, of coining money or regu- 

 lating its value, of regulating weights and measures, we 

 leave to be exercised under the authority of the confed- 

 eration: but in all cases respecting them v/hich are out 

 of the said confederation, they shall be exercised by the 

 governor, under the regulation of such laws as the leg- 

 islature may think it expedient to pass. 



The whole military of the state, whether regular, or 

 of militia, shall be subject to his directions; but he shall 

 leave liic execution of those directions to the general 

 officers appointed by the legislature. 



