remain in office five years, and be ineligible a fecond time. During his term he fhall hold no other office or emolument under this ftate, or any other ftate or power whatfoever. By executive powers, w^e mean no reference to thofe powers exercifed under our [ 4H ] former government by the crown as of its prerogative, nor that thefe Ihall be the ftandard of what may or may not be deemed the rightful powers of the governor. We give him thofe powers only, which are neceflary to execute the laws (and admi- nifter the government) and which are not in their nature either legiflative or judi- ciary. The application of this idea mufl be left to reafon. We do however ex- prefsly deny him the prerogative powers of ere^Sing courts, offices, boroughs, corpo- rations, fairs, markets, ports, beacons, light- houfes, and fea-marks; of laying embar- goes, of efliablifliing precedence, of retaining within the ftate, or recalling to it any citizen thereof, and of making denizens, ex- cept fo far as he may be authorifed from time to time by the legiflature to exercife any of thofe powers. The power of declaring war and concluding peace, of contracting alli- ances, of ifTuing letters of marque and repri- fal, of raifing and introducing armed forces, of building armed veflels, forts, or ftrong holds, of coining money or regulating its value, of regulating weights and meafures, [ 4^5 3 we leave to be exercifed under the authority of the confederation: but, in all cafes re- ipefting them which are out of the faid confederation, they fliall be exercifed by the governor, under the regulation of fuch laws as the legiflature may think it expe- dient to pafs.
The whole military of the ftate, whether regular, or of militia, fhall befubjedlto his direftions ; but he ihall leave the execution of thofe direftions to the general officers appointed by the legiflature.
His falary fhall be fixed by the legif- lature at the feffion of the affembly in which he fliall be appointed, and before fuch appointment be made; or if it be not then fixed, it fliall be the fame v»^hich his next predecefTor in office was entitled to. In either cafe he maydepiand it quarterly out of any