USA > New Hampshire > Gazetteer of the state of New-Hampshire > Part 4
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The captains and subalterns in the respective regiments, shall be nominated and recommended by the field officers to the governor, who is to issue their commissions immediately on receipt of such recommendation.
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, during such vacancy, have and exercise all the powers and authorities which, by this constitu- tion 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.
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GENERAL VIEW.
The governor, with advice of council, shall have full power and authority in the 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 de- sire, 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.
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 pow- er by himself, 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 assemble in martial array, and put in war- like posture the inhabitants thereof, and to lead and conduct them, and with them to encounter, 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 to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and persons as shall at any time here- after, in a hostile manner, attempt or enterprize 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, invasion, and also in re- bellion, declared by the legislature to exist as occasion shall nec- essarily require : and surprize by all ways and means what- soever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile man- ner invade, or attempt the invading, conquering or annoying, this state ; and in fine, the governor hereby is entrusted, with all other powers incident to the office of captain general and commander 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 virtue 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 com- missions for exercising the law martial in any case, without the advice and consent of the council.
The power of pardoning offences, except such as persons may be convicted of before the senate by impeachment of the house, shall be in the governor, by and with the advice of the council ; but no charter of pardon granted by the governor with
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GENERAL VIEW.
advice of council, before conviction, shall avail the party plead- ing the same, notwithstanding any general or particular express- ions contained therein, descriptive of the offence or offences in- tended to be pardoned.
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, pur- suant to the laws of the state for the time being.
The commanding officers of the regiments shall appoint their adjutants and quarter-masters ; the brigadiers, their brig- ade-majors ; the major-generals, their aids ; the captains and subalterns, their non-commissioned officers.
The division of the militia into brigades, regiments and com- panies, 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.
No monies 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 payment of interest arising thereon) but by warrant under the hand of the governor for the time being, by and with the ad- vice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and pre- servation of the inhabitants thereof, agreeably to the acts and resolves of the general court.
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 requisition, and at other times when required by the gov- ernor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and all small arms with their accoutrements, and of all other public property un- der their care respectively ; distinguishing the quantity and kind of each, as particularly as may be ; together with the condition of such forts and garrisons : 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 harbour or har- bours adjacent.
The governor and council shall be compensated for their ser- vices, from time to time, by such grants as the general court shall think reasonable.
Permanent and honourable salaries shall be established by law, for the justices of the superior court.
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GENERAL VIEW.
Council .- There shall be annually elected by ballot five coun- sellors, for advising the governor in the executive part of gov- ernment. 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 counsellor ; which votes shall be received, sorted, 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 represent- atives on the first Wednesday of June.
And the person having a majority of votes in any county, shall be considered as duly elected a counsellor : but if no person shall have a majority of votes in any county, the senate and house 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 counsellor wanted for such county : and the qualifications for counsellors shall be the same as for senators.
If any person thus chosen a counsellor, shall be elected governor or member of either branch of the legislature, and shall accept the trust ; or if any person elected a counsellor, shall re- fuse to accept the office ; or in case of the death, resignation, or removal of any counsellor out of the state ; the governor may issue a precept for the election of a new counsellor 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 discretion ; and with them or the majority of them, may and shall from time to time hold a council for ordering and directing the affairs of the state according to the laws of the land.
The members of the council may be impeached by the house and tried by the senate, for bribery, corruption, mal-practice, or mal-administration.
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 time by either house of the legislature ; and any member of the council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion.
The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable polls, and pro- portion of public taxes ; each district to elect a counsellor : and in case of such division, the manner of the choice shall be con- formable to the present mode of election in counties.
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GENERAL VIEW.
And whereas the elections appointed to be made by this con- stitution 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 shall be no choice of him by the people : and afterwards the two houses shall pro- ceed to fill up the vacancy (if any) in the council.
Secretary, Treasurer, Commissary-General, &c .- The secre- tary, treasurer, and commissary-general, shall be chosen by joint ballot of the senators and representatives assembled in one room.
The records of the state shall be kept in the office of the se- cretary ; and he shall attend the governor and council, the sen- ate and representatives, in person or by deputy, as they may re- quire.
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 re- sponsible : and in case of the death, removal, or inability, of the secretary ; his deputy shall exercise all the duties of the office of secretary of this state, until another shall be ap- pointed.
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 Treasurer, &c .- The county treasurers and registers of deeds, shall be elected 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 electing those officers ; but not so as to deprive the people of the right they now have of electing them.
And the legislature, 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 shall appear necessary ; each district to elect a register of deeds : and before they enter upon the business of their offices, shall be respectively 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 their respective trusts.
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GENERAL VIEW.
Judiciary Power .- The tenure that all commissioned officers shall have by law in their offices, shall be expressed in their re- spective commissions-all judicial officers duly appointed, com- missioned and sworn, shall hold their offices during good behav- iour, excepting those concerning whom there is a different pro- vision made in this constitution : Provided nevertheless, the governor, with consent of counsel, may remove them upon the address of both houses of the legislature.
Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the jus- tices of the superior court, upon important questions of law and upon solemn occasions.
In order that the people may not suffer from the long continu- ance in place of any justice of the peace, who shall fail in dis- charging the important duties of his office with ability and fideli- ty, all commissions of justices of the peace shall become void at the expiration of five years from their respective dates, and up- on the expiration of any commission the same may if necessary be renewed, or another person appointed, as shall most conduce to the well being of the state.
All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court until the legislature shall by law make other provision.
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.
No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.
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.
All matters relating to the probate of wills and granting let- ters 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 such place or places, on such fixed days, as the con- veniency of the people may require, and the legislature from time to time appoint.
No judge, or register of probate, shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any
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GENERAL VIEW.
probate 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 Court .- The judges of the courts (those of probate excepted) shall appoint their respective clerks, to hold their of- fice during pleasure : and no such clerk shall act as an attor- ney, 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.
Encouragement of Literature, &c .- Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government ; and spreading the oppor- tunities and advantages of education through the various parts of the country, being highly conducive to promote this end ; it shall be the duty of the legislators and magistrates, in all fu- ture periods of this government, to cherish the interest of liter- ature and the sciences, and all seminaries and public schools ; to encourage private and public institutions, rewards and im- munities for the promotion of agriculture, arts, sciences, com- merce, trades, manufactures, and natural history of the coun- try ; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments among the people.
Oath and Subscriptions ; Exclusion from Offices ; Commissions ; Writs ; Confirmation of Laws ; Habeas Corpus ; The Enact- ing Stile ; Continuance of Oficers ; Provision for a Future Revision of the Constitution, &c.
Any person chosen governor, counsellor, senator, or represent- ative, military or civil officer, (town officers excepted) accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.
I, A. B. do solemnly swear, that I will bear faith and true allegiance to the State of New-Hampshire, and will support the constitution 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 du- ties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this con- stitution, and the laws of the State of New-Hampshire. So help me God.
Any person having taken and subscribed the oath of allegi- ance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again.
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GENERAL VIEW.
Provided always, 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.
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 re- . presentatives 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 gov- ernor and council for the time being ; and by all other officers, before such persons and in such manner as the legislature shall from time to time appoint.
All commissions shall be in the name of the State of New-Hamp- shire, signed by the governor and attested by the secretary, or his deputy, and shall have the great seal of the state affixed thereto.
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 justice shall be interested, then the writ shall bear test of some other justice of the court to which the same shall be returnable ; and be signed by the clerk of such court.
All indictments, presentments, and informations shall con- clude, against the peace and dignity of the state.
The estates 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.
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 contained, when compared with the 23d article in the bill of rights, shall be construed to affect the laws al- ready made respecting the persons, or estates, of absentees.
The privilege and benefit of the habeas corpus, shall be en- joyed in this state, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the legislature, ex- cept upon the most urgent and pressing occasions, and for a time not exceeding three months.
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GENERAL VIEW.
The enacting stile in making and passing acts, statutes, and laws, shall be-Be it enacted by the senate and house of repre. sentatives, in general court convened.
No governor, or judge of the supreme judicial court shall hold any office or place under the authority of this state, except such as by this constitution they are admitted to hold, saving that the judges of the said court may hold the office of justice of the peace throughout the state ; nor shall they hold any place or office, or receive any pension or salary, from any other state, government, or power whatever.
No person shall be capable of exercising at the same time, more than one of the following offices within this state, viz. judge of probate, sheriff, register of deeds ; and never more than two offices of profit, which may be held by appoint- ment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts ; military offices and offices of justices of the peace excepted.
No person holding the office of judge of any court (except special judges,) secretary, treasurer of the state, attorney-gen- eral, commissary-general, military officers receiving pay from the continent or this state (excepting officers of the militia, oc- casionally called forth on an emergency) register of deeds, sheriff, or officers of the customs, including naval officers, col- lectors of excise and state and continental taxes, hereafte: ap- pointed and not having settled their accounts with the respec- tive officers with whom it is their duty to settle such accounts, members of congress, or any person holding any office under the United States, shall at the same time hold the office ofgov- ernor, or have a seat in the senate, or house of representatives, or council ; but his being chosen and appointed to, and accept- ing the same, shall operate as a resignation of their seat in the chair, senate, or house of representatives, or council ; and the place so vacated shall be filled up. No member of the council shall have a seat in the senate or house of representatives.
No person shall ever be admitted to hold a seat in the legis- lature, or any office of trust or importance, under this govern- ment, who in the due course of law has been convicted of brib- ery or corruption in obtaining an election or appointment.
In all cases where sums of money are mentioned in this con- stitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce.
To the end that there may be no failure of justice, or danger to the state by the alterations and amendments made in the con- stitution, the general court is hereby fully authorized and di- rected to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly .*
* See act of 14th Dec. 1792.
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GENERAL VIEW.
Ie shall be the duty of the selectmen and assessors, of the several towns and places in this state, in warning the first an- nual meetings for the choice of senators, after the expiration of seven years from the adoption of this constitution as amended, to insert expressly in the warrant, this purpose among the oth- ers for the meeting, to wit, to take the sense of the qualified voters on the subject of a revision of the constitution ; and the meeting being warned accordingly (and not otherwise) the mod- erator shall take the sense of the qualified voters present, as to the necessity of a revision ; and a return of the number of votes for and against such necessity, shall be made by the clerk, seal- ed up and directed to the general court, at their then next ses- sion ; and if it shall appear to the general court by such return, that the sense of the people of the state has been taken, and that in the opinion of the majority of the qualified voters in the state, present and voting at said meetings, there is a necessity for a revision of the constitution, it shall be the duty of the general court to call a convention for that purpose, otherwise the gener- al court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chosen in the same manner, and proportioned as the re- presentatives to the general court : provided that no alterations shall be made in this constitution, before the same shall be laid before the towns and unincorporated places, and approved by two thirds of the qualified voters present and voting on the subject.
And the same method of taking the sense of the people, as to a revision of the constitution, and calling a convention for that purpose, shall be observed afterwards, at the expiration of every seven years.
This form of government shall be enrolled on parchment, and deposited in the secretary's office, and be a part of the laws of the land : and printed copies thereof shall be prefixed to the books containing the laws of this state, in all future editions thereof.
Judicial Department .- The judicial department in New- Hampshire as at present organized, consists in the first place of a superior court of judicature, composed of a chief justice and two associate justices. This court has cognizance of high crimes and misdemeanors, receives appeals from the inferior courts and the courts of probate, and determines all questions of marriage, di- vorce, and alimony. It holds two sessions annually in each county.
There are also in this state two district courts of common pleas. For this purpose the state is divided into two districts,
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GENERAL VIEW.
one composed of the counties of Rockingham, Strafford, and Hillsborough, and the other of the counties of Grafton, Ches- hire, and Coos. In each of these districts there is a court of common pleas, composed of one chief justice who is assisted by two associate justices in each county. This court holds its sessions semi-annually in each county.
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