USA > New Hampshire > History of New Hampshire, Volume IV > Part 30
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ART. 51. The power of pardoning offenses, 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 council; but no charter of pardon, granted by the governor with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offense or of- fenses intended to be pardoned.
ART. 52. 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.
ART. 53. The commanding officers of the regiments shall appoint their adjutants and quartermasters; the brigadiers, their brigade-majors; the major-generals, their aids; the captains and subalterns, their non-commis- sioned officers.
ART. 54. The division of the militia into brigades, regiments and com- panies, made in pursuance of the militia laws now in force, shall be con- sidered as the proper division of the militia of this state, until the same shall be altered by some future law.
ART. 55. No monies shall be issued out of the treasury of this state and disposed of (except such sums as may be appropriated for the redemp- tion 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 advice and consent of the council, for the necessary support and defense of this state and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.
ART. 56. All public boards, the commissary-general, all superintending 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 governor, deliver to him an account of all goods,
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stores, provisions, ammunition, cannon with their appendages, and all small arms with their accoutrements, and all other public property under 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 harbor or harbors adjacent.
ART. 57. The governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable.
ART. 58. Permanent and honorable salaries shall be established by law for the justices of the superior court.
COUNCIL
ART. 59. There shall be biennially elected by ballot five councilors, 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 November, give in their votes for one councilor, 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 representatives on the first Wednesday of January.
ART. 60. And the person having a plurality of votes in any county shall be considered as duly elected a councilor; but, if no person shall have a plurality 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 councilor wanted for the county; and the qualifications for councilors shall be the same as for senator.
ART. 61. If any person thus chosen a councilor shall be elected governor or member of either branch of the legislature and shall accept the trust, OF if any person elected a councilor shall refuse to accept the office, or in case of the death, resignation or removal of any councilor out of the state, the governor may issue a precept for the election of a new councilor 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.
ART. 62. The members of the council may be impeached by the house and tried by the senate for bribery, corruption, malpractice or maladministra- tion.
ART. 63. The resolutions and advice of the council shall be recorded by the secretary in a register, and signed by all the members present 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 resolution of the majority, with the reasons for such opinion.
ART. 64. 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 population, each district to elect a councilor ; and, in case of such division, the manner of the choice shall be conform- able to the present mode of election in counties.
ART. 65. And, whereas the elections appointed to be made by this con- stitution on the first Wednesday of January, biennially, 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,
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shall be first filled up; the governor shall then be selected, provided there shall 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.
SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC.
ART. 66. The secretary, treasurer and commissary-general shall be chosen by joint ballot of the senators and represenatives, assembled in one room.
ART. 67. The records of the state shall be kept in the office of the secretary; and he shall attend the governor and council, the senate and representatives, in person or by deputy, as they may require.
ART. 68. 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 secretary of this state until another shall be appointed.
ART. 69. 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, ETC.
ART. 70. The county treasurers, registers of probate, solicitors, sheriffs 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 practiced 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- ing those officers, but not so as to deprive the people of the right they now have of electing them.
ART. 71. 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 reason- able sum, for the use of the county, for the punctual performance of their respective trusts.
JUDICIARY POWER
ART. 72. The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissioners. All judi- cial 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 constitution; provided, nevertheless, the governor, with consent of council, may remove them upon the address of both houses of the legislature.
ART. 73. 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.
ART. 74. 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 years from their respective dates; and upon 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.
ART. 75. 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.
ART. 76. The general court are empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not
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exceed one hundred dollars and title of real estate is not concerned, but with right of appeal to either party to some other court. And the general court are further empowered to give to police courts original jurisdiction to try and determine, subject to right of appeal and trial by jury, all criminal causes wherein the punishment is less than imprisonment in the state prison.
ART. 77. 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.
ART. 78. 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.
ART. 79. All matters relating to the probate of wills and granting letters of administration shall be exercised by the judges of probate 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 conveniency of the people may require and the legislature from time to time appoint.
ART. 80. No judge or register of probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending or may be brought into court of probate in the county of which he is judge or register.
CLERKS OF COURTS
ART. 81. 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 a clerk, nor shall he draw any writ originating a civil action.
ENCOURAGEMENT OF LITERATURE, ETC.
ART. 82. Knowledge and learning generally diffused through a com- munity being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conductive to promote this end, it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools; to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures and natural history of the country; to countenance and incul- cate 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 ; provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination. Free and fair competition in the trades and industries is an inherent and essential right of the people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization, and provision should be made for the super -- vision and government thereof :- Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign and domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair com- petition in the trades and industries through combination, conspiracy, monopoly or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against.
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OATHS AND SUBSCRIPTIONS-EXCLUSION FROM OFFICES-COMMISSIONS-WRITS-
CONFIRMATION OF LAWS-HABEAS CORPUS-THE ENACTING STYLE-CONTIN- UANCE OF OFFICERS-PROVISION FOR A FUTURE REVISION OF THE CONSTITUTION -ETC.
ART. 83. Any person chosen governor, councilor, senator or representa- tive, 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 declarations, 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 faith- fully and impartially discharge and perform all the duties incumbent 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 Hamp- shire. 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, 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 penal- ties of perjury."
ART. 84. 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 representatives first elected under this constitution, as altered and amended, before the president of the senate and a majority of the council then in office, and forever afterward before the governor 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.
ART. 85. 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.
ART. 86. 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 teste of the chief, first or senior justice of the court; but, when such justice shall be interested, then the writ shall bear teste of some other justice of the court, to which the same shall be returnable; and be signed by the clerk of such court.
ART. 87. All indictments, presentments and information shall conclude, "against the peace and dignity of the state."
ART. 88. The estate of such persons as may destroy their own lives shall not for that offense be forfeited, but descend or ascend in the same manner as if such person 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.
ART. 89. All the laws which have heretofore been adopted, used and approved in the province, colony or state of New Hampshire, and usually practiced 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 twenty- third article in the bill of rights, shall be construed to affect the laws already made respecting the persons or estates of absentees.
ART. 90. The privilege and benefit of the habeas corpus shall be enjoyed in this state in the most free, easy, cheap, expeditious and ample manner, and
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shall not be suspended by the legislature except upon the most urgent and pressing occasions, and for a time not exceeding three months.
ART. 91. The enacting style, in making and passing acts, statutes and laws, shall be, Be it enacted by the senate and house of representatives in general court convened.
ART. 92. 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 offices of justices 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.
ART. 93. 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 appointment 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.
ART. 94. No person holding the office of judge of any court (except special judges), secretary, treasurer of the state, attorney-general, commissary- general, military officers receiving pay from the continent or the state (ex- cepting officers of the militia occasionally called forth on an emergency), registers of deeds, sheriff or officers of the customs, including naval officers, collectors of excise and state and continental taxes hereafter appointed, and not having settled their accounts with their respective 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 of governor, or have a seat in the senate or house of representatives or council; but his being chosen and appointed to and accepting the same shall operate as a resignation of their seat in the chair, senate or house of representatives of 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 repre- sentatives.
ART. 95. No person shall ever be admitted to hold a seat in the legis- lature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption in obtaining an election or appointment.
ART. 96. 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.
ART. 97. To the end that there may be no failure of justice or danger to the state by the alterations and amendments made in the constitution, the general court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly.
ART. 98. It shall be the duty of the selectmen and assessors of the several towns and places in this state, in warning the first annual 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 others 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 moderator 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 clerks, sealed up and directed to the general court at their then next session; 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 a majority of the qualified voters in the state present and voting at said meetings, there is a necessity for a revision of the con-
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stitution, it shall be the duty of the general court to call a convention for that purpose; otherwise the general court shall direct the sense of the people to be taken, and then proceed in the manner before mentiond; the delegates to be chosen in the same manner and proportioned as the repre- sentatives to the general court; provided, that no alteration 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.
ART. 99. 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.
ART. 100. 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.
INDEX
INDEX
Index of Subjects and Places
Abandoned Farms-31I
Abolition of Slavery-7, 77, 82-3, 93
Advent Church-236
Agriculture-279, 102
Agriculture, Board of-136
Amherst-174, 198, 205
Andover-93, 142, 172
Anti-Saloon League-256
Automobiles-289
Chrystal Hills-308
Arts-167 Art Museum-278
Ashland-12I
Asylum for the Blind-135
Asylum for the Insane-134
Atkinson-191 Attorney-Generai-298
Baltimore Riot-8, 16
Banks-102, 106, 122, 131, 135, 220, 297-8
Bank Commissioner-297
Baptists-233 Barnstead-205
Bath-189
Battles of the Civil War-19, 21, 23, 25, 28, 29, 31, 33, 35, 37, 38, 42, 48, 5I
Battle Flags-278
Bedford-160, 207
Bethlehem-67, 310
Bible, Criticism of the-239
Board of Health-294
Bonds-95, IOI
Boscawen-158
Bow-172, 238, 339
Bowdoin College-29, 142, 154, 155, 184 Bribery in Elections-132
Camp Constitution-II, 17 Candia-100, 164 Canterbury-186
Capital of New Hampshire-261 ff
Cavalry in Civil War-45, 52
Centennial Exhibition-124
Charities, State Board of-291
Chesterfield-167
Christian Commission-84
Christian Church-235
Christian Perfection-236
Christian Science- 238, 239
Christian Union-327
Churches-229ff
Civic Leagues-257
Civil War-3ff
Civil War, Cost of-105
Claremont-40, 42, 145, 204
Colebrook-208
Commissioner of Agriculture-279
Commissioner of Motor Cycles-288
Congregational Churches-230-233
Concord-10, 17, 125, 179, 207, 220, 26Iff
Constitution of New Hampshire- 345 ff
Constitution of United States-92, 105, 109 Constitutional Convention-125
Copperheads-3
Cornish-183, 261
Cost of State Government-298
Court Files-290, 333ff
Crawford Notch-296, 309-10
Credit Mobilier-116
Crime, Causes of-275, 318
367
368
INDEX
Deaf Mutes-135 Deerfield-57, 154, 19I
Democratic Party-9, 122 Democratic Standard-17 Derry-39, 189
Deserters-47, 53 Discharged Soldiers-99
Distribution of Wealth-322
Dartmouth College-101, 113, 117, 121, 126, 127, 131, 144, 154, 172-5, 185-93, 202, 206, 215, 217, 219, 253, 265 Dover-68, 73, 88, 133, 14I Draft-90
Emancipation Proclamation-88
Enfield-91
Epping-127
Epsom-61
Equal Suffrage-IIO, 229, 315-6
Excise Commissioners-295
Exeter-32, 131, 168, 215, 224
Farmers' Institutes-279 Filibustering in the Legislature- 112, 115
Fish-Culture-136
Fish and Game Commissioners-287 Forestry-136
Forestry Commission-296
Fort Sumter-8, 59
Francestown-71
Free Baptists-233
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