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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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8. Powe:^ of -^gress.

9. Provision a( ^.migration or importa-

tion of certain pejmbBs.— Habeas cor-
pus.— Bills of attaind^,. Icc.— Taxes,
how apportioned.— Ko export duty.
— No commercial preferences.— ^No
money drawn from treasury, unless,
&C.— No titular nobility.— Offioeis not
to receive presents, unless, &c
States prohibited from the exercise of
certain powers.



1. President, his term of office.— Electors
of president, number, and how ap-
pointeds-Electors to vote on same
days-Qualification of president— On
whom his duties devolve in case of •
hisromoval, death, &c.— President's
compensation.- His oath.

8. Prosident to be commander in chiefw—
He may requiro opinion of, &c., and
may pardoBv— Treaty-making power.
— ^Nomination of certain officers.^
When president may fill vacancies.

3. President shall communicate to oos-

gTesap— He may convene and adjourn,
congress, in case, &c. ; shall roceite
ambassadors ; execute laws, and com-
mission officers.

4. All dvil offices forfeited fbr' eortaiii'


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-Tenure^— Compensa-



1. Judicial power.


2. Judicial power, to what caiei it eztendf.

—Original jurisdiction of inpreme
conrt— AppeUate^-^Tiial by jury,
except, &c. — Trial, where.
8. Treason defined.— Proof of.— Pnnish'
ment of.



1. Each state to giTe credit to the public

acts, ftc, of erery other.
S. FriTileges of citizens of each 8tate>>^

Fngitiresfrom justice to be defifefe^

up.— ^Persons held to s^rri^j-hiCnng

escaped, to be delQre|ed*i|p. * **
8. Admission of ^w >ta^>^PoWer of

congress •OT4r**t^{ory and other

propjita^.I/*.- *
4. BepabHtaipVbrm of government guar-

an^!— £ach state to be protected.


Constitution, how amended^— Fkoriso.


Certain debts, &C., adopted.— Supremacy
of constitution, treaties and laws of

the United States.— Oath to support
constitution, by whom takeap— No i^


Whatratifieatkm shall establish coostita-



1. Beligious establishment prohibited. —

Freedom of. speech, of the press, and
ri^t of pedtion.

2, Aigfallo keep and bear arms.

^ V.Ng foldier to be quartered in any house,

'- ^ unless, Ac
* 4. Bight of search and seizure regulated.

5. ProTisions concerning prosecution, trill

and punishment— Private property
not to be taken for public use, with-
out, &c

6. Further proTisioii respecting criminal


7. Bight of trial by jury secured.

8. ExcessiTe bail or fines and cruel pun-

ishments prohibited.

9. Bnle of construction.

10. Same subject

11. Same subject.

12. Manner of choosing president and vice-


WE, the people of the United States, in order to form a more
perfect nnion, establish justice, insure domestic tranquility, provide
fat the common defence, promote the general welfare, and secure
the blessings of liberty to ourselves and our posterity, do ordaii>
and establish this Constitution for the United States of


Section 1. All legislative powers herein granted shall be vested
in a congress of the United States, which shall consist of a senate
and house of representatives.

Sec. 2. The house of representatives shall be composed of
members chosen every second year by the people of the several
states ; and the electors in each state aliall have the quali&cations
requisite for electors of the most numerous branch of the state

No person shall be a representative who shall not have attained
the age of twenty-five years and been seven years a citizen of the

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United States, and who shall not, when elected, be an inhabitant
of that state in which he shall be chosen.

Representatives and direct taxes shall be apportioned among the
several states which may be included within this Union, according
to their respective numbers, which shall be determined by adding
to the whole number of firee persons, including those bound to ser-
vice for a term of years, and excluding Indians not taxed, three fifths
of all other persons. The actual enumeration shall be made within
three years after the first meeting of the Congress of the United
States, and within every subsequent term of ten years, in such
manner as they shall by law direct. The number of representa-
tives shall not exceed one for every thirty thousand, but each state
shall have at least one representative : and until such enumeration
shall be made, the state of New Hampshire shall be entitled to
choose three ; Massachusetts, eight; Rhode Isbnd and Providence
Plantations, one ; Connecticut, five ; New York, six ; New Jersey,
four; Pennsylvania, eight; Delaware, one; Maryland, six; Vir-
ginia, ten ; North Carolina, five ; South Carolina, five ; and Geor-
gia, three.

When vacancies happen in the representation firom any state,
the executive authority thereof shall issue writs of election to fill
such vacancies.

The house of representatives shall choose tbeur speaker and
other oj£cers, and shall have the sole power of impeachment.

Sec 3. The senate of the United States shall be composed of
two senators from each state, chosen by the legislature thereof, for
six years ; and each senator shall have one vote.

Immediately after they shall be assembled in consequence of the
first election, they shall be divided, as equally as may be, into
three classes. The seats of the senators of the first class shall be
vacated at the expiration of the second year, of the second class
at the expiration of the fourth year, and of the third class at the
expiration of the sixth year, so that one third may be chosen every
Second year ; and if vacancies happen by resignation or otherwise,
during the recess of the legislature of any state, the executive
thereof may make temporary appointments until the next meeting
of the legislature, which shall then fill such vacancies.

No person shall be a senator who shall not have attained to the
age of thirty years, and been nine years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that
state for which he shall be chosen.

The vice-president of the United States shall be president of the
senate, but shall have no vote, unless they be equally divided.

The senate shall choose their other officers, and also a president
pro tempore in the absence of the vice-president, or when he shall
exercise the office of president of the United States.

The senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.

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When the president of the United States is tried, the chief justiov
shall preside ; and no person shall be convicted without the con-
currence of two thirds of the members present.

Judgment in cases of impeachment shall not extend farther than
to removal from office and disqualification to hold and enjoy any
office of honor, trust or profit under the United States ; but the
party convicted shall nevertheless be liable and subject to indict-
ment, trial, judgment and punishment, according to law.

Sec 4. The times, places and manner of holding elections for
senators and representatives, shall be prescribed in each state by
the legislature thereof; but the congress may at any time by law
make or alter such regulations, except as to the places of choosing

The congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless
they shall by law appoint a different day.

Sec. 5. Each house shall be the judge of the elections, returns
and qualifications of its own members, and a majority of each
^hall constitute a quorum to do business ; but a smaller number
may adjourn from day to day, and may be authorized to compel
the attendance of absent members, in such manner and under such
penalties as each house may provide.

Each house may determine the rules of its proceedings, punish
its members for disorderly behavior, and with the concurrence of
two thirds expel a member.

Each house shall keep a journal of its proceedings, and from
^ time to time publish the same, excepting such parts as may in their
judgment require secrecy ; and the yeas and nays of the members
of either house on any question shall, at the desire of one fifth of .
those present, be entered on the journal.

Neither house, during the session of congress, shall without the
consent of the other adjourn for more than three days, nor to any
other place than that in which the two houses shall be sitting.

Sec. 6. The senators and representatives shall receive a com-
pensation for their services, to be ascertained by law and paid out
of the treasury of the United States. They shall in all cases, ex-
cept treason, felony and breach of the peace, be privileged from
arrest during their attendance at the session of their respective
houses, and in going to and returning from the same ; and for any
speech or debate in either house, they shall not be questioned in
any other place.

No senator or represensative shall, during the time for which he
was elected, be appointed to any civil office under the authority of
the United States, which shall have been created, or the emolu-
ments whereof shall 'have been increased daring such time ; and

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no person holding any office under the United States, shall be a
member of either house during his continuance in office.

Sec. 7. All bills for raising revenue shall originate in the house
of representatives ; but the senate may propose or concur with
amendments as on other biUs.

Every bill which shall have passed the house of representatives
and the senate, shall, before it become a law, be presented to the
president of the United States ; if he approve, he shall sign it,
bat if not, he shall return it with his objections, to that house in
which it shall have originated, who shall enter the objections at
large on their journal, and proceed to reconsider it. If after such
reconsideration, two thirds of that house shall agree to pass the
bill, it shall be sent, together with the objections, to the other house,
by which it shall likewise be reconsidered, and, if approved by two
thirds of that house it shall become a law. But in aU such cases
the votes of both houses shall be determined by yeas and nays,
and the names of the persons voting for and against the bill, shall
be entered on the journal of each house respectively. If any bill
shall not be returned by the president within ten days (Sundays
excepted) after it shall have been presented to him, the same shall
be a law, in like manner as if he had signed it, unless the con-
gress by their adjournment prevent its return, in which case it
shall not be a law.

Every order, resolution or vote, to which the concurrence of the
senate and house of representatives may be necessary (except
on a question of adjournment) shall be presented to the president
of the United States ; and before the same shall take effect, shall
be approved by him, or being disapproved by him, shall be repass*
ed by two thirds of the senate and house of representatives,
according to the rules and limitations prescribed in the case of a

Sec. 8. The congress shall have power: — To lay and collect
taxes, duties, imposts and excises ; to pay the debts and provide
for the common defence and general welfare of the United States;
but all duties, imposts and excises shall be uniform throughout
the United States : — To borrow money on the credit of the United
States : — To regulate commerce with foreign nations and amonfi;
the several states, and with the Indian tribes : — To establish a uni-
form rule of naturalization, and uniform laws on the subject of
bankruptcies, throughout the United States; — To coin money,
regulate the value thereof and of foreign coin, and fix the stan-
dard of weights and measures : — To provide for the punishment
of counterfeiting the securities and current coin of the United
States : — To establish post offices and post roads : — To promote
the progress of science and useful arts, by securing for limited
times to authors and inventors, the exclusive right to their respec-
tive writings and discoveries : — To constitute tribunals inferior to

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the anpreme court: — ^to define and punish piracies and felonies
committed on the high seas, and offences against the law of na^
tions : — To declare war, grant letters of marqae and reprisal, and
make rules concerning captures on land or water :— To raise and
support armies ; but no appropriation of money to that use shall
be for a longer term than two years : — To provide and maintain a na-
vy : — To make rules for the government and regulation of the land
and naval forces : — To provide for calling forth the militia to execute
the laws of the Union, suppress insurrections and repel invasions : —
To provide for organizing, arming and disciplining the militia^ and
for governing such part of them as may be employed in the ser-
vice of the United States, reserving to the states respectively, the
appointment of the officers, and the authority of training the mi-
litia, according to the discipline prescribed by congress : — To ex-
ercise exclusive legislation, in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of
particular states and the acceptance of congress, become the seat
of the government of the United Sti^tes, and to exercise like authori-
ty over all places purchased by the consent of the legislature of the
state in which the same shall be, for the erection of forts, maga-
zines, arsenals, dock-yards and other needful buildings : — And to
make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested
by this constitution in the government of the United States^ or in
any department or office thereof.

Sec. 9. The migration or importation of such persons as any
of the states now existing, shall think proper to admit, shall not
be prohibited by the congress prior to the year one thousand eight
hundred and eight ; but a tax or duty may be imposed on such
importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspend-
ed, unless when, in cases of rebellion or invasion, the public safety
may require it

No bill of attainder, or ex post facto law, shall be passed.

No capitation or other direct tax shall be laid, unless in propor«
tion to the census or enumeration hereinbefore directed to be taken.

No t€Lx or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or
revenue to the ports of one state over those of another ; nor shall
vessels bound to or from one state be obliged to enter, clear or pay
duties in another.

No money shall be drawn from the treasury, but in consequence
of appropriations made by law ; and a regular statement and ac-
count of the receipts and expenditures of all public money shall
be published from time to time.

No title of nobility shall be granted by the United States ; and
no person holding any office of profit or trust under them, shall,
without the consent of the congress, accept of any present, emolu-

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menty office or title of any kind whatever, from any kiiig» prinpe
or foreign state.

Ssc. 10. No state shall enter into any treaty, i^Uiance or con-
federation; grant letters of marque and reprisal; coin money;
emit bills of credit ; make anything but gold and silver ooin 9. ten-
der in payment of debts ; pass any bill of attainder, ex post facto
law, or law impairing the obligation of contracts ; or gran^ apy
title of nobility.

No state shall, without the consent of the congress, lay any
imposts or duties on imports or exports, except what maybe abso-
lutely necessary for executing its inspection laws; and the net
produce of all duties and imposts laid by any state on imports as
exports, shall be for the use of the treasury of the United States ;
and all such laws shall he subject to the reviaipn and control of the

No state shall, without the consent of congress, lay any duty
on tonnage, keep troops or ships of war in time of peace, entar
into any agreement or compact with another state or with a for-
eign power, or engage in war, unless actually invaded or in snch
imminent danger as will not admit of delay.


Section 1. The executive power shall be vested in a Presi-
dent of the United States of America. He shall hold his office
during the term of four years ; and together with the vice-president
chosen for the same term, be elected as follows :

Each state shall appoint, in such manner as the legidature there-
of may direct, a number of electors, equal to the whole number of
senators and representatives to which the state may be entitled in
the congress ; but no senator or representative, or person holding
an office of trust or profit under the United States, shall be ap-
pointed an elector.

[The electors shall meet in their respective states, and vote by
ballot for two persons of whom one, at least, shall not be an inhajb^
itant of the same state with themselves. And they shall make a
list of all the persons voted for, and the number of votes for each ;
which list they shall sign and certify, and transmit, sealed, to the
seat of the government of the United States, directed to the presi-
dent of the senate* The president of the senate shall, in the
presence of the senate and house ojf rejuresentatives, open all the
certificates, and the votes shall then be counted. The person hav-
ing the greatest number of votes shall be the president, if such
number be a majority of the whole number of electors appointed;
and if there be more than one who have such majority, and have
an equal number' of votes, then the house of representatives shall
immediately choose by ballot one of them for president ; and if no
person have a majori^, then from the five highest on the list, the

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said house shall in like manner choose the president Bnt in
choosing the president, the votes shall be taken by states, the rep-
resentation from each state having one vote ; a quorum for this
purpose shall consist of a member or members from two thirds of
the states, and a majority of all the states shall be necessary to a
choice. In every case, after the choice of the president, the person
having the greatest number of votes of the electors, shall be the
vice-president. But if there should remain two or more who have
equal votes, the senate shall choose from them, by ballot, the vice-

The congress may determine the time of chosing the electors,
and the day on which they shall give their votes ; which day shall
be the same throughout the United States.

No person, except a natural born citizen, or a citizen of the Uni-
ted States at the time of the adoption of this constitution, shall be
eligible to the office of president ; neither shall any person be eli-

fible to that office who shall not have attained to the age of thirty-
ve years, and been fourteen years a resident within the United

In case of the removal of the president from office, or of his
death, resignation or inability to discharge the powers and duties
of the said office, the same shall devolve on the vice-president;
and the congress may by law provide for the case of removal,
death, resignation or inability, both of the president and vice-presi-
dent, declaring what officer shall then act as president ; and such
officer shall act accordingly, until the disability be removed or a
president shall be elected.

The president shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished
during the period for which he shall have been elected ; and he
shall not receive, within that period, any other emolument from
the United States or any of them.

Before he enter on the execution of his office, he shall take the
following oath or affirmation : —

" I do solemnly swear (or affirm) that I will faithfully execute
the office of president of the United States, and will to the best
of my ability, preserve, protect and defend the constitution of the
United States."

Sec 2. The president shall be commander-in-chief of the army
and navv of the United States, and of the militia of the several
states when called into the actual service of the United States :
he may require the opinion, in writing, of the principal officer in
each of the executive departments, upon any subject relating to
the duties of their respective offices ; and he shall have power to
grant reprieves and pardons for oifences against the United States,
except in cases of impeachment.

* See amendmeDti, Art XII.

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He shall have power, by and with the advice and consent of
the senate, to make treaties, provided two thirds of the senators
present concur ; and he shall nominate, and by and with the ad-
vice and consent of the senate, shall appoint ambassadors, other
public ministers and consuls, judges of the supreme court and all
other officers of the United States, whose appointments are not
herein otherwise provided for, and which shall be established by
law. But the congress may, by law, vest the appointment of
such inferior officers as they think proper, in the president alone,
in the courts of law, or in the heads of departments.

The president shall have power to fill up all vacancies that may
happen during the recess of the senate, by granting commissions
which shall expire at the end of their next session.

Sec 3. He shall, firom time to time, give to the congress in-
fomiation of the state of the Union, and recommend to their con-
sideration such measures as he shall judge necessary and expedi-
ent; he may, on extraordinary occasions, convene both houses or
either of them, and in case of disagreement between them with
respect to the time of adjournment, he may adjourn them to such
time as' he shall think proper; he shall receive ambassadors and
other public ministers ; he shall take care that the laws be faithful-
ly executed ; and shall conmiission all the officers of the United

Sec 4. The president, vice-president and all civil officers of
the United States, shall be removed firom office on impeachment
for, and conviction of, treason, bribery or other high crimes and


Section 1. The judicial power of the United States shall be
vested in one supreme court, and in such inferior courts as the
congress may firom time to time, ordain and establish. The judg-
es, both of the supreme and inferior courts, shall hold their offices
during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office.

Sec. 2. The judicial power shall extend to all cases in law and
equity arising under this constitution, the laws of the United
States, and the treaties made, or which shall be made, under their
authority ; to all cases affecting ambassadors, other public minis-
ters and consuls; to all cases of admiralty and maritime jurisdic-
tion ; to controversies to which the Unitea States shall be a party ;
to controversies between two or more states, [between a state and
citizens of another state,*] between citizens of different states, be-

* See amendments, Art. XL,

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tween citizens of the same state claiming lands undor grants of
di&rent states, and between a state, or we citizens thereof, aJdd
foreign states, citizens or subjects.

In all cases affecting ambassadors, other jpnblic ministers and
consuls, and those in which a state shall be a party, the supreme
court shall have original jurisdiction. In all the other cases before
iaentioned, the supreme court shall have appellate jurisdiction,

Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 2 of 80)