USA > New Hampshire > Gazetteer of the state of New-Hampshire > Part 3
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XXXIII. No magistrate, or court of law, shall demand excessive bail or sureties, impose excessive fines, or inflict cru- el or unusual punishments.
XXXIV. No person can in any case be subjected to law- martial, or to any pains or penalties by virtue of that law, ex- cept those employed in the army or navy, and except the mili- tia in actual service, but by authority of the legislature.
XXXV. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws and administra- tion of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the Supreme Judicial Court should hold their offices so long as they behave well ; subject however to such limitations on account of age, as may be provided by the constitution of the state ; and that they should have honourable salaries ascertained and established by standing laws.
XXXVI. Economy being a most essential virtue in all states, especially in a young one ; no pension shall be granted, but in consideration of actual services .; and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time.
XXXVII. In the government of this state, the three essen- tial powers thereof, to wit, the legislative, executive and judi- cial, ought to be kept as separate from, and independent of each
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other, as the nature of a free government will admit, or as is consistent with that chain of connexion that binds the whole fa- bric of the constitution in one indissoluble bond of union and amity.
XXXVIII. A frequent recurrence to the fundamental prin- ciples of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government ; the people ought therefore to have a particular regard to all those principles in the choice of their officers and representatives : and they have a right to require of their law-givers and magistrates, an exact and constant ob- servance of them, in the formation and execution of the laws necessary for the good administration of government.
PART II. Form of Government .- The people inhabiting the territory formerly called the Province of New-Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or state, by the name of the State of New-Hampshire.
General Court .- The supreme legislative power, within this state, shall be vested in the senate and house of representa- tives, each of which shall have a negative on the other.
The senate and house shall assemble every year on the first Wednesday of June, and at such other times as they may judge necessary ; and shall dissolve, and be dissolved seven days next preceding the said first Wednesday of June ; and shall be stiled The General Court of. New- Hampshire.
The general court shall forever have full power and authority to erect and constitute judicatories, and courts of record, or oth- er courts, to be holden in the name of the state, for the hear- ing, trying and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters and things whatso- ever, arising or happening within this state, or between or con- cerning persons inhabiting or residing, or brought within the same; whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixed ; and for the awarding and issuing execution thereon. To which courts and judicatories, are hereby given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better dis- covery of truth in any matter in controversy, or depending before them."
And further, full power and authority are hereby given and granted to the said general court, from time to time to make, or-
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dain and establish, all manner of wholesome and reasonable or-' ders, laws, statutes, ordinances, directions and instructions, ei- ther with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof ; and to name and settle annually, or provide by fixed laws for the naming and settling, all civil officers within this state ; such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for ; and to set forth the several duties, powers and limits, of the several civil and military officers of this state; and the forms of such oaths or affirmations as shall be respective- ly administered unto them, for the execution of their sever- al offices and places, so as the same be not repugnant or contrary to this constitution ; and also to impose fines, mulcts, imprisonments and other punishments ; and to impose and levy proportional and reasonable assessments, rates, and tax- es, upon all the inhabitants of, and residents within, the said state ; and upon all estates within the same ; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defence and support of the government of this state, and the protec- tion and preservation of the subjects thereof according to such acts'as are, or shall be in force within the same.
And while the public charges of government, or any part thereof shall be assessed son poles and estates in the manner that has heretofore been practised; in order that such as- sessments may be made with equality, there shall be a valu- ation of the estates within the state taken anew once in every five years at least, and as much oftener as the general court shall order.
No member of the general court shall take fees, be of coun- sel, or act as advocate, in any cause before either branch of the legislature ; and upon due proof thereof such member shall forfeit his seat in the legislature.
The doors of the galleries, of each house of the legislature shall be kept open to all persons who behave decently, except when the welfare of the state, in the opinion of either branch, shall require secrecy.
House of Representatives .- There shall be, in the legislature of this state, a representation of the people, annually elect- ed and founded upon principles of equality : And in order
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that such representation may be as equal as circumstances will admit, every town, parish, or place entitled to town priv- ileges, having one hundred and fifty rateable male polls, of twenty one years of age and upwards, may elect one repre- sentative ; if four hundred and fifty rateable polls, may elect two representatives ; and so proceeding in that proportion, making three hundred such rateable polls the mean in- creasing number, for every additional representative,
Such towns, parishes, or places, as have less than one hun- dred and fifty rateable polls shall be classed by the general court for the purpose of choosing a representative, and season- ably notified thereof. And in every class, formed for the abovementioned purpose, the first annual meeting shall be held in the town, parish, or place, wherein most of the rateable polls reside ; and afterwards in that which has the next high- est number ; and so on annually by rotation, through the sev- eral towns, parishes, or places, forming the district.
Whenever any town, parish, or place, entitled to town priv- ileges as aforesaid, shall not have one hundred and fifty rate- able polls, and be so situated as to render the classing thereof with any other town, parish, or place, very inconvenient, the general court may, upon application of a majority of the voters in such town, parish, or place, issue a writ for their electing and sending a representative to the general court.
The members of the house of representatives shall be chos- en annually in the month of March, and shall be the second branch of the legislature.
All persons qualified to vote in the election of senators, shall be entitled to vote within the district where they dwell, in the choice of representatives. Every member of the house of representatives shall be chosen by ballot ; and for two years at least, next preceding his election, shall have been an in- habitant of this state; shall have an estate within the dis- trict which he may be chosen to represent, of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right ; shall be at the time of his elect- ion an inhabitant of the town, parish or place he may be chos- en to represent, shall be of the protestant religion, and shall cease to represent such town, parish or place, immediately on his ceasing to be qualified as aforesaid.
The members of both houses of the legislature shall be com- pensated for their services out of the treasury of the state, by a law made for that purpose ; such members attending season- ably, and not departing without license. All intermediate va- cancies in the house of representatives, may be filled up from 4
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time to time, in the same manner as annual elections ane made.
The house of representatives shall be the grand inquest of the state ; and all impeachments made by them, shall be heard and tried by the senate.
All money bills shall originate in the house of representa- tives ; but the senate may propose, or concur with amendments, as on other bills.
The house of representatives shall have power to adjourn themselves, but no longer than two days at a time.
A majority of the members of the house of representatives shall be a quorum for doing business ; but when less than two thirds of the representatives elected shall be present, the assent of two thirds of those members shall be necessary to render their acts and proceedings valid.
No member of the house of representatives or senate, shall be arrested or held to bail on mean process, during his go- ing to, returning from, or attendance upon the court.
The house of representatives shall choose their own speak- er, appoint their own officers, and settle the rules of proceed- ings in their own house; and shall be judge of the returns, elections and qualifications of its members, as pointed out in this constitution. They shall have authority to punish by im- prisonment, every person who shall be guilty of disrespect to the house in its presence, by. any disorderly and contemptuous behaviour, or by threatening or ill treating any of its members .; or by obstructing its deliberations ; every person guilty of a breach of its privileges, in making arrest for debt, or by as- saulting any member during his attendance at any session ; in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house ; in assaulting any wit- ness or other person ordered to attend, by, and during his at- tendance upon the house ; or in rescuing any person arrested by order of the house, knowing them to be such .- The senate,. governor, and council, shall have the same powers in like cases : provided, that no imprisonment by either, for any: offence, ex- ceed ten days.
The journals of the proceedings, and all public acts of both houses of the legislature, shall be printed and published immedi- ately after every adjournment or prorogation ; and upon mo- tion made by any one member, the yeas and nays upon any question shall be entered on the journal : And any member of the senate or house of representatives, shall have a right, on motion made at the time' for that purpose, to have his pro- test or dissent, with the reasons, against any vote, resolve, or bill passed, entered on the journal.
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Senate .- The senate shall consist of twelve members, who ghall hold their office for one year from the first Wednesday of June next ensuing their election.
And that the state may be equally represented in the senate, the legislature shall, from time to time, divide the state into twelve districts, as nearly equal as may be without dividing towns and unincorporated places ; and in making this division, they shall govern themselves by the proportion of direct taxes paid by the said districts, and timely make known to the in- habitants of the state the limits of each district.
The freeholders and other inhabitants of each district, quali- fied as in this constitution is provided, shall annually give in their votes for a senator, at some meeting holden in the month of March.
The senate shall be the first branch of the legislature ; and the senators shall be chosen in the following manner, viz. every male inhabitant of each town, and parish with town privileges, and places unincorporated, in this state, of twen- ty-one years of age and upwards, excepting paupers, and per- sons excused from paying taxes at their own request, shall have a right at the annual or other meetings of the inhabit- ants of said towns and parishes, to be duly warned and holden annually forever in the month of March, to vote in the town or parish wherein he dwells, for the senator in the district whereof he is a member.
Provided nevertheless, That no person shall be capable of be- ing elected a senator, who is not of the protestant religion, and seized of a freehold estate in his own right, of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen.
And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town, parish and plantation, where he dwelleth and hath his home.
And the inhabitants of plantations and places unincorpo- rated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the sup- port of government, or shall be taxed therefor, shall have the same privilege of voting for senators, in the plantations and places wherein they reside, as the inhabitants of the respect- ive towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose shall be holden
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annually in the month of March, at such places respectively therein as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns by this constitution.
The meetings for the choice of governor, council, and senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall in the presence of the selectmen (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for senators ; and shall, in said meetings, in presence of the said selectmen, and of the town clerk in said , meetings, sort and count the said votes, and make a public de- claration thereof, with the name of every person voted for, and the number of votes for each person'; and the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of the state, with a super- scription expressing the purport thereof : And the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, thirty days at least before the first Wednesday of June, or to the secretary of the state at least twenty days before the said first Wednes- day of June : and the sheriff of each county, or his deputy, shall deliver all such certificates, by him received, into the secre- tary's office, at least twenty days before the first Wednesday of June.
And that there may be a due meeting of senators on the first Wednesday of June annually, the governor, and a majori- ty of the council for the time being, shall as soon as may be, examine the returned copies of such records, and fourteen days before the first Wednesday of June, he shall issue his summons to such persons as appear to be chosen senators, by a major- ity of votes, to attend and take their seats on that day.
Provided nevertheless, That for the first year the said return- ed copies shall be examined by the president, and a majority of the council then in office ; and the said president shall in like manner notify the persons elected, to attend and take their seats accordingly.
And in case there shall not appear to be a senator elected by a majority of votes, for any district, the deficiency shall be sup- plied in the following manner, viz. the members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district ; and in this
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manner all such vacancies shall be filled up in every district of the state, and in like manner all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be sup- plied as soon as may be after such vacancies happen.
The senate shall be final judges of the elections, returns and qualifications of their own members, as pointed out in this constitution.
The senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time ...
Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislature be not assembled on such day, or at such place.
The senate shall appoint their president and other officers, and determine their own rules of proceedings : and not less than seven members of the senate shall make a quorum for doing business : and when less than eight senators shall be present, the assent of five at least, shall be necessary to render their acts. and proceedings valid.
The senate shall be a court, with full power and authority to hear, try and determine, all impeachments made by the house of representatives against any officer or officers of the state, for bribery, corruption, mal-practice or mal-administration, in office; with full power to issue summons, or compulsory process, for convening witnesses before them : but previous to the trial of any such impeachment, the members of the senate shall respec- tively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, mal-practice or mal-adminis- tration in office, shall be served with an attested copy of the im- peachment, and order of senate thereon, with such citation as the senate may direct, setting forth the time and place of their sitting to try the impeachment ; which service shall be made by the sheriff, or such other sworn officer as the senate may ap- point, at least fourteen days previous to the time of trial ; and such citation being duly served and returned, the senate may proceed in the hearing of the impeachment, giving the person impeached (ifhe shall appear) full liberty of producing witnesses and proofs, and of making his defence, by himself and counsel, and may also, upon his refusing or neglecting to appear, hear . the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding ; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment how- ever, shall not extend further than removal from office, dis- qualification to hold or enjoy any place of honour, trust, or
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profit, under this state ; but the party so convicted, shall never- theless be liable to indictment, trial, judgment and punishment, according to the laws of the land.
Whenever the governor shall be impeached, the chief justice of the supreme judicial court shall, during the trial, preside in the senate, but have no vote therein.
EXECUTIVE POWER .- Governor .- There shall be a supreme executive magistrate, who shall be stiled the Governor of the State of New-Hampshire, and whose title shall be His Ex- cellency.
The governor shall be chosen annually in the month of March; and the votes for governor shall be received, sorted, counted, certified, and returned, in the same manner as the votes for sena- tors ; and the secretary shall lay the same before the senate and house of representatives 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 pub- lished.
And the qualifications of electors of the governor shall be the same as those for senators ; and if no person shall have a ma- jority of votes, the senate and house of representatives shall by joint ballot elect one of the two persons having the highest num- ber of votes, who shall be declared governor.
And no persons shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven 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 five hundred pounds, one half of which shall consist of a freehold in his own right within this state, and un- less he shall be of the protestant religion.
In cases of disagreement between the two houses with regard to the time or place of adjournment or prorogation, the governor, with advice of council, shall have a right to adjourn or prorogue the general court, not exceeding ninety days at any one time, as he may determine the public good may require, and he shall dissolve the same seven days before the said first Wednesday of June.
And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause, 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 state.
Every bill which shall have passed both houses of the gen- eral court, shall, before it become a law, be presented to
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the governor ; if he approve, he shall sign it, but 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 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 houses shall be determined by veas and nays, and the names of the per- sons, voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor, within five days (Sundays except- ed) 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 legislature, by their adjournment, prevent its return, in which case it shall not be a law.
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 lim- itations prescribed in the case of a bill.
All judicial officers, the attorney general, solicitors, all sher- iffs, coroners, registers of probate, and all officers of the na- vy, and general and field officers of the militia, shall be nom- inated and appointed by the governor and council ; and every such nomination shall be made at least three days prior to such appointment ; and no appointment shall take place, un- less a majority of the counsel agree thereto. 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 coun- cil who made the same.
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