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

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standing ; and such judgment shall have the same force and effect
as if the person impeached had appeared and pleaded in the trial.



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30 OONSTlTtJTION OF NEW HAMPBHimS.

39. Their judgment, however, shall not extend further than
removal from office, disqnalification to hold or enjoy any place of
honor, trustor profit under this State ; but the party bo convicted
fthall nevertheless be liable to indictment, trial, judgment and pun*
ishment, according to the laws of the land.

40. Whenever the governor shall be impeached, the chief jus-
tice of the supreme judicial court shall, during the trial, preside in
the senate, but have no vote therein.



EXECUTIVE POWER
OOVBBNOJL

41. There shall be a supreme executive magistrate, who shall
by styled governor of the State of New Hampshire ; and whose
title shall be his excellency.

42. The governor shall be chosen annually in the month of
March ; and the votes for governor shall be received, sorted, count-
ed, certified and returned in the same manner as the votes for sen-
ators ; and the secretary shall lay the same before the senate and
house of representatjives on the first Wednesday of June, to be
by them examined, and in case of an election by a majority of
votes through the State, the choice shall be by them declared
and published. And the qualifications of electors of the governor
shall be the same as those for senators ; and if no person shall
have a majority of votes, the senate and house of representatives
shall by joint ballot elect one of the two persons having the high-
est number of votes, who shall be declared governor. And no
person shall be eligible to this office, unless at the time of bis
election he shall have been an inhabitant of this State for leven
years next preceding, and unless he shall be of the age of thirty
years ; [and unless he shall at the same time have an estate of the
value of Jive hundred pounds, one half of which shall consist of a
freehold in his own right, within this State ;]* and unless he shall
be of the protestant religion.

43. In Qases of disagreement between the two houses, with, re*
gard to the time or placQ of adjournment, or prorogation, the gov-
ernor, with advice of council, shall have a right to adjourn or pro-
rogue the general court, not exceeding ninety days at any one
time, as he may determine the public good may require. And be
shall dissolve the same seven days before the said first Wednes-
day of June. And in case of any infectious distemper pevailing
in the place where the said court at any time is to convene, or any

* See amendments.



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CONSTITUTION OP NEW HAMPSHIRE. 31

other canse whereby dangers may arise to the health or lives of
the members, from their attendance, the governor may direct the
session to be holden at some other, the most convenient place
^within the tState.

44. Every bill which shall have passed both houses of the gen''
era] court shall, before it become a law, be presented to the govern-
or ; if he approve, he shall sign it, but if not, he shall return it
^th his objections to that house in which it shall have originated,
who shall enter the objections at large on their journal and pro-
ceed to reconsider it ; if after such reconsideration two thirds of
that house shall agree to pass the bill, it shall be sent, together
with such 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 all such cases the votes of both hou-
ses shall be determined by yeas and nays, and the names of^ the
persons voting for or against the bill, shall be entered on the jour-
nal of each house respectively. If any bill shall not be returned
by the governor within five days, (Sundays excepted) after it shall
have been presented to him, the same shall be a law in like man-
ner as if he had signed it, unless the legislature, by their adjourn-
ment, prevent its return, in which case it shall not be a law.

46. Every resolve shall be presented to the governor, and be-
fore the same shall take effect, shall be approved by him, or being
disapproved by him, shall be repassed by the senate and house of
representatives, according to the rules and limitations prescribed
in the case of a bill.

46. All judicial officers, the attorney general, solicitors, all
sheriffs, coroners, registers of probate, and all officers of the navy,
and general and field officers of the militia, shall be nominated
and appointed by the governor and council ; and every such nomi-
nation 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 nomina-
tion and appointment shall be signed by the governor and councU,
and every negative shall be also signed by the governor or council,
who made the same.

48. The captains and subalterns in the respective regiments
shall be nominated and recommended by the neld officers to the
governor, who is to issue their commissions immediately on the
receipt of such recommendation.



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32 CONSTITUTION OF NBW HAMPSHIRE.

49. Whenever the chair of the governor shall become vacant,
by reason of his death, absence from the State or otherwise, the
president of the senate shall, daring such vacancy, have and exe^
cise 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 land ; and shall have full power by him-
self, 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 defence and safety of this State, to as-
semble in martial array, and put in warlike posture, the inhabitants
thereof, and to lead and conduct them, and with them to encoun-
ter, 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
tcf 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 enter-
prise 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 war, inva-
sion, and also in rebellion, declared by the legislature to exist, as
occasion shall necessarily require : And surprise by all ways and
means whatsoever, all and every such person or persons, with their
ships, arms, ammunition, and other goods, as shall in a hostile
manner invade, or attempt the invading, conquering or annoyinff .
this State : And in fine, the governor hereby is intrusted with aU
other powers. incident to the office of captain-general and com-
mander-in-chief, and admiral, to be exercised 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 vir-
tue of any power by this constitution granted, or hereafter, to be
granted to him by the legislature, transport any of the inhabitants
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 case, without the advice and consent of the coundL



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COK8TIT9TION OV NEW HAMPSHIRE* 98

SUL The power of pardoning offences, except sticb as persons
may hd 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 conncil, before conviction, shall avail the party pleading
the same, notwithstanding any general or particular expressions
contained therein, descriptive of the offence or offences intended
to be pardoned.

53. No officer duly commissioned to command in the militia,
shall be removed from his office but by the address of both houses
to the governor, or by fair trial in court martial, pursuant to the
laws of the State for the time being.

54. The commanding officers of the regiments sha:H appoint
their adjutants and quatter-masters ; the bngadiers, their brigade
majors ; the major-generals, their aids ; the captains and subal*
terns, their non-commissioned officers.

55. 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.

56. No moneys 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 treasurer's notes, or for the pay-
ment of interest arising thereon,) but by warrant under the hand
of the governor for the time being, by and with the advice and
consent of the conncil, 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 gen-
eral court

57. All public boards, the commissary general, all superintend-
ing 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 requisi*
tion, and at other times when required by the governor, deliver to
him an account of all goods, stores, provisions, ammunition, can-
non with their appendages, and all small arms with their accou-
trements, and of all other public property under their care respec-
tively ; distioguishing the quantity and kind of each as particularly
as may be ; together with the condition of such forts and garri-
sons ; and the commanding officer shall exhibit to the governor,
when required by him, true and exact plans of such forts, and of
the land and sea, or harbor or harbors adjacent.

8



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34 CONSTITUTION OF NBW HAMP8HIBX.

58. The governor and council shall be compensated for their
services from time to time, by sach grants as the general court
shall think reasonable.

59. Permanent and honorable salaries shall be established by
law for the justices of the superior court

COUNCIL.

60. There shall be annually elected by ballot five councillors,
for advising the governor in the executive part of government
The freeholders and other inhabitants in each county, qualified to
vote for senators, shall some time in the month of March give in
their votes for one councillor ; which votes shall be received, sort^
ed, counted, certified and returned to the secretary's office, in the
same manner as the votes for senators, to be by the secretary laid
before the senate and house of representatives on the first Wed-
nesday of June.

61. And the person having a majority of votes in any county,
shall be considered as duly elected a councillor ; but if no person
shall have a majority of votes in any county, the senate and
bouse of representatives shall take the names of the two persons
who have the highest number of votes in each county, and not
elected, and out of those two shall elect by joint ballot the coan-
cillor wanted for such coutity ; and the qualifications for coun-
cillors shall be the same as for senator.

62. If any person thus chosen a councillor, shall be elected
governor, or member of either branch of the legislature, and shall
accept the trust ; or if any person elected a councillor shall refuse
to accept the office ; or in the case of the death, resignation or re-
moval of any councillor out of the State ; the governor may issue
a precept for the election of a new councillor in that county where
such vacancy shall happen ; and the choice shall be in the same
manner as before directed; and the governor shall have full power
and authority to convene the council from time to time, at his dis-
cretion ; and with them, or the majority of them, may and shall
from time to time, hold a council for ordering and directing the
afiairs of this State according to the laws of the land.

63. The members of the council may be impeached by the
house and tried by the senate for bribery, corruption, mal-practice
or mal-administration.

64. The resolutions and advice of the council shall be recorded
by the secretary in a register, and signed by all the members pres-
ent agreeing thereto; and this record may be called for at any



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CONSTITUTION OP NEW HAMPSHIRE. ¬ЂK

time by either house of the legislature, and any member of the
council may enter his opinion contrary to the resolution of the
majority, with the reasons for such opinion.

65. The legislature may, if the public good shall hereafter re-
quire it, divide the State into five districts, as nearly equal as may
be, governing themselves by the number of ratable polls and pro-
portion of public taxes ; each district to elect a councillor : and in
case of such division, the manner of the choice shall be conforma-
ble to the present mode of election in counties.

66. And whereas the elections appointed to be made by this
constitution on the first Wednesday of June annually, by the two
houses of the legislature, may not be completed on that day, the
said elections may be adjourned from day to day until the same be
completed. And the order of the elections shall be as follows :
the vacancies in the senate, if any, shall be first filled up ; the
governor shall then be elected, provided, there should be no choice
of him by the people, and afterwards the two houses shall proceed
to fill up the vacancy, if any, in the council.

SBCEETARY, TREASURER, COMMISSARY GENERAL, &o.

67. The secretary, treasurer, and commissary general, shall be
chosen by joint ballot of the senators and representatives assem-
bled in one room.

68. The records of the State shall be kept in the ofiice of the
secretary ; and he shall attend the governor and council, the sen-
ate and representatives, in person or by deputy, as they may re-
quire.

69. The secretary of the State shall at all times have a deputy,
to be by him appointed ; for whose conduct in office he shall be
responsible : and in case of the death, removal or inability of the
secretary, his deputy shall exercise all the duties of the office of
seretary of state, until another shall be appointed.

70. The secretary, before he enters upon the business of his
office, shall give bond with sufficient sureties, in a reasonable sum,
for the use of the State, for the punctual performance of his trust.

COUNTY TREASURERS, &o.

71. The county treasurers and registers of deeds shall be elect-
ed by the inhabitants of the several towns, in the several counties
in the State according to the method now practised, and the laws
of the State :

Provided nevertheless^ the legislature shall have authority to
alter the manner of certifying the votes and the mode of elect-



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36 C0N8TIT17TION OV mSW HAMP8HIKE.

ifig those officers, bnt not so as to deprive tiie people of the rigbt
tbey now have of electing them.

72. And the legislatare, on the application of the major part
of the inhabitants of any county, shall have authority to divide
the same into two districts for registering deeds, if to them it filiall
appear necessary ; each district to elect a register of deeds ; and
before they enter upon the business of their offices, shall be re-
spectively sworn faithfully to discharge the duties thereof, and shall
severally give bond with sufficient sureties, in a reasonable sum,
for the use of the county, for the punctual performance of tbeir
respective trusts.

JUDICIABY POWEB.

73. The tenure that all commissioned officers shall have by
law in their offices, shall be expressed in their respective commis-
sions. All judicial officers, duly appointed, commissioned and
sworn, shall hold their offices during good behavior, excepting those
concerning whom there is a different provision made in this con-
stitution : provided nevertheless^ the president,* with consent of the
council, may remove them upon the address of both houses of the
legislature.

74. Each branch of the legislature, as well as the governor and
council, shall have authority to require the opinions of the justices
of the superior court upon important questions of law and upon
solemn occasions.

75. In order that the people may not suffer from the long con-
tinuance in place of any justice of the peace, who shall fail in
discharging the important duties of his office with ability and
fidelity, all commissions of justices of the peace shall become void
at the expiration of five yewrs from their respective dates ; and
upon the expiration of any commission, the same may, if necessa-
ry, be renewed, or another person appointed as shall most conduce
to the well being of the State.

76. All causes of marriage, divorce and alimony, and all ap-
peals from the respective judges of probate, shall be heard and
tried by the superior court, until the legislature shall by law make
other provision.

77. The general court are empowered to give to justices of the
peace jurisdiction in civil causes, when the damages demanded
shall not exceed four pounds, and title of real estate is not con-
cerned; but with right of appeal to either party to some other
court, so that a trial by jury in the last resort may be had.

* Chvarmr in former printed editions, bnt pretideiU in the original.



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CONSTITUTION OF NEW HAICPSHIBS. 9^

78. No person shall hold the office of jadge of any court, or
jndge of probate^ ojr sheriff of any county, after he has attained
the age of seventy years.

79. No judge of any court or justice of the peace, shall act
as attorney, or be of counsel to any party, or originate any civil
suit, in matters which shall come or be brought before him as judge,
or justice of the peace.

80. All matters relating to the probate of wjlls and granljl^ig
letters of administration, shall be exercised by the judges of pro-
bate in such manner as the legislature have directed, or may
hereafter direct : and the judges of probate shall hold their courts
at BQcb place or places, on such fixed days as the conveniepcy of
the people may require, and the legislature from time to time ap-
point.

81. No judge or register of probate shall be of counsel, act as
advocate, or receive any fees as advocate or counsel, in any pro-
bate business which is pending, or may be brought into any court
of probate in the county of which he is judge or register.



CLERKS OF OOUBTS.

82. The judges of the courts (those of probate excepted) shall
appoint their respective clerks, to hold their office during pleasure ;
and no such clerk shall act as an attorney, or be of counsel in any
cause in the court of which he is clerk, nor shall he draw any writ
originating a civil action.

ENCOUBAQBMBNT OF UTBRATUBB, Ao.

83. Knowledge and learning, generally diffiised through a
community, beins essential to the preservation of a firee govern-
ment ; and spreading the opportunities and advantages of educa-
tion through the various parts of the country being highly condu-
cive to promote this end; it shall be the duty of the legisla-
tors and magistrates, in all future periods of this government, to
cherish the interest of literature and the sciences, and all semina-
ries and public schools, to encourage private and public institu-
tions, rewards and immunities for the promotion of agriculture,
arts, sciences, commerce, trades, manufactures, and natural history
of the country ; to countenance and inculcate the principles of hu-
manity and general benevolence, public and private charity, indus-
try and economy, honesty and punctuality, sincerity, sobriety, and
all social affections, and generous sentiments among the people.



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38 CONSTITUTION OF NEW HAMPSHIRE.



OATH AND SUBSCRIPTIONS J EXCLUSION FROM OFFICES; COMMIg-
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE
ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVISION FOR
A FUTURE REVISION OF THE CONSTITUTION, &o.

84. Any person chosen governor, conncillor, senator or repre-
sentative, military or civil officer, (town officers excepted,) accept-
ing the trust, shall, before he proceeds to execute the duties of bis
omce, make and subscribe the following declaration, viz :

I, A. B., do solemnly swear that I will bear faith and true alle-
giance to the State of New Hampshire, and will suppcxrt the con-
stitution thereof. So help me God.

I, A. B., do solemnly and sincerely swear and affirm, that I will
faithfully and impartially discharge and perform all the duties in-
cumbent on me as according to the best of my
abilities, agreeably to the rules and regulations of this constitution
and the laws of the State of New Hampshire. So help me God,

Any person having taken and subscribed the oath of allegiance,
and the same being filed in the secretary's office, he shall not be
obliged to take said oath again :

Provided alwaySy when any person chosen or appointed, as
aforesaid, shall be of the denomination called Quakers, or shall be
scrupulous of swearing, and shall decline taking the said oaths,
such person shall take and subscribe them, omitting the word
" swear^^ and likewise the words " so help me God^^ subjoining
instead thereof, " this I do under the pains and penalties of perjury.^

85. And the oaths or affirmations shall be taken and subscribed
by the governor, before the president of the senate, in presence of
both houses of the legislature, and by the senators and representa-
tives first elected under this constitution, as altered and amended,
before the president of the State and a majority of the council
then in office, and forever afterwards before the governor and coun-
cil for the time being ; and by all other officers, before such per-
sons and in such manner as the legislature shall from time to time
appoint.

86. All commissions shall be in the name of the State of New
Hampshire, signed by the governor, and attested by the secretary,
or his deputy, and shall have the great seal of the State affixed
thereto.

87. All writs issuing out of the clerk's office in any of the courts
of law, shall be in the name of the State of New Hampshire ; shall
be under the seal of the court whence they issue, and bear test of
the chief, first, or senior justice of the court ; but when such jus-
tice shall be interested, then the writ shall bear test of some other



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OONBTITUTION OF NEW HAlfPSHIBE. 39

justice of the court to which the same shall be returnable ; and be
sig-ned by the clerk of such coart

88. All indictments, presentments and informations shall con-
dude against the peace and dignity of the State.

89. The estate of such persons as may destroy their own lives
shall not for that offence be forfeited, but descend or ascend in the
same manner as if such persons had died in a natural way. Nor
shall any article which shall accidentally occasion the death of any
person be henceforth deemed a deodand, or in any wise forfeited on
account of such misfortune.

90. All the laws which have heretofore been adopted, used and
approved, in the province, colony, or State of New Hampshire, and
usually practised on in the courts of law, shall remain and be in
full force until altered and repealed by the legislature ; such parts
thereof only excepted, as are repugnant to the rights and liberties
contained in this constitution ; provided that nothing herein con-
tained, when compared with the twenty-third article in the bill of



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 5 of 80)