USA > New Hampshire > New Hampshire as it is. In three parts. Part I. A historical sketch of New hampshire. Part II. A gazetter of New Hampshire. Part III. A general view of New Hampshire. Together with the constitution of the State > Part 39
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41
563
NEWSPAPERS.
only whig paper in the state which openly sustained the views of Mr. Webster in relation to the compromise meas- ures of 1850.
" The Granite State Whig," established in Lebanon, about the year 1846. It was formerly called " The White Mountain Ægis," and was published in Lancaster. It was afterwards established in Haverhill under the title of the " Whig and Ægis." From this place it was re- moved to Lebanon, when it received its present name. George S. Towle editor and proprietor. It is whig in pol- itics.
" The Northern Advocate," Claremont, established in 1848. Joseph Weber editor and proprietor. Politics, republican.
" The Rockingham Messenger," published in Ports- mouth. First number issued October 7, 1847. Politics, free democratic. Thomas J. Whittemore editor.
" The Union Democrat," Manchester. A democratic paper, first issued in 1851. Campbell and Gilmore pub- lishers ; J. M. Campbell editor.
" The Great Falls Weekly Journal " was established at Great Falls in 1847. Independent in politics. James T. Furber editor and proprietor.
" The Morning Star," a religious journal, published in Dover, by the Freewill Baptist Printing Establishment. It was first published in Limerick, Maine, and was located in Dover in 1834. William Burr agent.
" The New Hampshire Phoenix," established at Con- cord, January 1, 1854. Devoted to temperance, educa- tion, and news. Rev. Daniel Lancaster editor and propri- etor.
" The American News," published in Keene. Devoted to temperance, education, agriculture, and general miscel-
564
NEW HAMPSHIRE AS IT IS.
lany. In politics, republican. S. Woodward editor and proprietor.
" The New Hampshire Democrat " was established at Meredith Bridge, January 1, 1849. It was published by Messrs. Keach and Seaver, and edited by the late' Jere- miah Elkins, Esq. Mr. Elkins continued in the editorial department but a short time. May 23, 1850, Mr. Seaver sold out, and Mr. Keach became sole proprietor. January 1, 1851, the establishment was purchased by Mr. Samuel C. Baldwin, who conducted the establishment alone until November 12, 1851, when David A. Farrington purchased half the establishment. It is democratic in politics.
" The Ammonoosuc Reporter," Littleton, established in July, 1852, by F. A. Eastman, who conducted it until September, 1854, when it passed into the hands of Messrs. Bass and Churchill, its present proprietors. Politics, dem- ocratic.
" The Semi-Weekly State Capital Reporter " was estab- lished in Concord, by Cyrus Barton, January 1, 1852. In May, 1853, Amos Hadley was associated with Mr. Barton, and in July, 1853, " The Weekly Reporter " and " The Old Guard " were united, and Hon. Edmund Burke be- came an extensive contributor. In politics this paper is democratic, though it is opposed to the administration of President Pierce.
" The Baptist Observer," established in Concord, in April, 1852, by Ervin B. Tripp publisher and proprietor, and Rev. Edmund Worth editor. Until January, 1853, it was issued semi-monthly. It was afterwards enlarged, and issued weekly. In March, 1854, Messrs. Norton and Crawford became proprietors and publishers, and in October the firm was changed to Crawford and Chick. The pres- ent editor is Rev. William Lamson, of Portsmouth.
6
565
NEWSPAPERS.
" The Independent Democrat," established in Concord, in May, 1845, as an independent democratic paper, in op- position to the annexation of Texas. From its commence- ment to the present time it has been under the editorial charge of George G. Fogg, Esq.
" The Democratic Republican," Haverhill. This paper was established in July, 1828, by Hon. John R. Reding editor and proprietor. It was first called " The Democrat- ic Republican and General Advertiser," the latter portion of the title being dropped after a year or two. Mr. Red- ing continued in charge of the paper until April, 1841, when he was succeeded by Mr. H. W. Reding, the pres- ent editor and proprietor. It is devoted to the interests of the democratic party.
" The American Ballot," a weekly journal, established in Portsmouth, in the summer of 1854, and devoted to the interests of the American party.
" The Stars and Stripes," established in Manchester, in October, 1854, under the charge of Messrs. Tenney and Stevens. An organ of the American party.
48
-
CONSTITUTION OF NEW HAMPSHIRE,
APPROVED BY THE PEOPLE, AND ESTABLISHED IN CONVENTION, FIFTH OF SEPTEMBER, 1792 .*
PART FIRST. BILL OF RIGHTS.
ARTICLE 1. All men born free ; all govern- ment originates from the people.
ART. 2. Natural rights of men.
ART. 3. Natural rights when surrendered.
ART. 4. Some rights unalienable, as those of conscience.
ART. 5. Religious freedom recognized.
ART. 6. The support of the ministry.
ART. 7. Sovereignty of the state.
ART. 8. All officers are servants of the people.
ART. 9. No office to be hereditary.
ART. 10. Government for the benefit and under the control of the people.
ART. 11. Freedom of elections.
ART. 12. Rights and duties of citizens. Property taken for public uses. Laws when binding.
ART. 13. Exemption from bearing arms. ART. 14. Every person ought to find a certain and speedy remedy at law.
ART. 15. Rights of persons prosecuted for crime.
ART. 16. No person to be tried after ac -. quittal for the same offence, nor for a capital offence except by a jury.
ART. 17. Trial to be in the county where offence committed.
ART. 18. Penalties to be proportioned to offences.
ART. 19. Regulation of search and seizure. ART. 20. Trial by jury regulated.
ART. 21. Jurors to be carefully selected and fully paid.
ART. 22. The liberty of the press.
ART. 23. Retrospective laws prohibited.
ART. 24. Importance of the militia.
ART. 25. Standing armies dangerous.
ART. 26. The military subject to the civil power.
ART. 27. Soldiers, how quartered.
ART. 28. All taxes to be levied by the people.
ART. 29. Laws suspended by the legisla- ture only.
ART. 30. Freedom of speech and debate.
ART. 31. Object of the assembly of the legislature.
ART. 32. Right of the people to assemble.
ART. 33. Excessive bail and fines and cru el punishments forbidden.
ART. 34. Martial law, when exercised.
ART. 35 The judiciary system.
ART. 36. Economy enjoined.
ART. 37. The executive, legislative, and judicial powers to be kept separate.
ART. 38. Recurrence to fundamental prin- ciples.
PART SECOND.
FORM OF GOVERNMENT.
1. Declaration of sovereignty.
GENERAL COURT.
2. Legislative power, how vested
3. Meeting of the legislature.
* The former constitution, having been approved by the people, was established by con vention, 31st October, 1783, and took effect on the first Wednesday of June, 1784.
(566)
567
CONSTITUTION OF NEW HAMPSHIRE.
4. Power to constitute courts.
5. Power to establish laws.
6. Valuation, when and how taken.
7. No member to be of counsel.
8. Doors of galleries to be open.
HOUSE OF REPRESENTATIVES.
9. Representation to be equal.
10. Towns may be classed.
11. Special authority may be given.
12. Election to be held in March.
13. Qualification of voters.
14. Qualifications of representatives.
15. Members to be paid.
16. Vacancies, how filled.
17. Power of impeachment.
18. Money bills to originate in house.
19. Power to adjourn.
20. What is a quorum.
21. Exemption from arrest.
22. House to be judge of its own proceed- ings.
23. Imprisonment for contempt.
24. Journals and laws to be published. - Yeas and nays and protest entered on journal.
SENATE.
25. Senate, how constituted.
26. Senatorial districts made.
27. Election to be held in March.
28. Mode of election.
29. Qualifications of senators.
30. Who is an inhabitant.
31. Rights of inhabitants of places.
32. Mode of conducting elections.
33. Votes, how examined, and senators no- tified.
34. Vacancies, how filled.
35. Senate to be judges of their own re- turns.
36. Power to adjourn.
37. Mode of proceeding and quorum.
38. To be a court to try impeachments.
39. Power of punishment.
40. When the governor is impeached.
EXECUTIVE POWER. GOVERNOR.
41. Title of the governor.
42. Governor, how chosen.
43. Governor may adjourn legislature, or alter place of session.
44. Laws to be approved by him. 45. Resolves be approved by him.
46. Officers to be appointed by the execu- tive.
47. Appointments, how made.
48. Captains, &c., how commissioned.
49. Vacancy in office, how supplied.
50. Governor may prorogue the legislature.
51. Governor to be commander-in-chief. 52. Power of pardon.
53. Removal of officers on address.
54. Military officers, how appointed.
55. Division of the militia regulated.
56. Money, how drawn from the treasury.
57. Account of public property rendered.
58. Compensation of governor and council. 59. Judges to have permanent salaries.
COUNCIL.
60. Five councillors to be elected.
61. Election, how determined.
62. Vacancy, how filled.
63. Members may be impeached.
64. Records of proceedings kept.
65. Council districts regulated.
66. Elections, when completed.
SECRETARY, TREASURER, COMMISSARY GENERAL, &C.
67. Officers, how chosen.
68. Duty of secretary.
69. Secretary to have deputy.
70. Secretary to give bond.
COUNTY TREASURER, &C.
71. To be elected by the people. 72. Counties may be divided.
JUDICIARY POWER.
73. Tenure of office.
74. Opinion of S. J. C. may be required.
75. Judge may be removed.
76 Jurisdiction of divorce, probate appeals, &c.
77. Jurisdiction of justices of the peace.
78. Term of office ceases at seventy.
79. Judge not to be of counsel.
80. Probate jurisdiction.
81. Judge nor register to be of counsel.
CLERKS OF COURTS.
82. Appointment and duties of clerks.
ENCOURAGEMENT OF LEARNING, &C.
83. Encouragement of learning.
568
NEW HAMPSHIRE AS IT IS.
OATHS, WRITS, AND GENERAL PRO- VISIONS.
84. Oaths of office, form, &c.
85. Oaths, by whom administered.
86 Form of commissions.
87 Form and requisites of writs.
88. Conclusion of indictinents.
89. No deodand or forfeiture allowed.
90. Common law in force.
91. Privilege of habeas corpus.
92. Enacting style declared.
93. Governor or judge to hold no other office.
94. Offices which are incompatible.
95. Officers which are incompatible.
96. Bribery excludes from office.
97. Computation of money.
98. When constitution to take effect.
99. Revision of the constitution.
100. Sense of the people to be taken every seven years.
101. Constitution to be enrolled, and pub- lished with each edition of the laws.
PART FIRST.
BILL OF RIGHTS.
ARTICLE 1. All men are born equally free and independent; therefore all government of right originates from the people, is founded in consent and instituted for the general good.
2. All men have certain natural, essential, and inherent rights; among which are, the enjoying and defending life and liberty -acquiring, pos- sessing, and protecting property - and, in a word, of sceking and obtaining happiness.
3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to insure the protection of others ; and withont such an equivalent the surrender is void.
4. Among the natural rights, some are in their very nature unalienable. because no equivalent can be given or received for them. Of this kind are the RIGHTS OF CONSCIENCE.
5. Every individual has a natural and unalienable right to worship GOD according to the dictates of his own conscience and reason ; and no sub- ject shall be hnrt, molested, or restrained in his person, liberty, or estate, for worshipping GOD in the manner and season most agrecable to the dictates of his own conscience, or for his religious profession, sentiments, or persua- sion ; provided he doth not disturb the public peace, or disturb others in their religions worship.
6. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to dne subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the public worship of the DEITY, and of public instruction in morality and religion; therefore, to promote those important purposes,
569
CONSTITUTION OF NEW HAMPSHIRE.
the people of this state have a right to empower, and do hereby fully em- power the legislature to authorize from time to time the several towns, par- ishes, bodics corporate, or religious societies within this state, to make adequate provision, at their own expense, for the support and maintenance of public Protestant teachers of piety, religion, and morality :
Provided, notwithstanding, That the several towns, parishes, bodies cor- porate, or religious societies shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. And no person of any one particular religious sect or denomination shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect, or denomination.
And every denomination of Christians demeaning themselves quietly, and as good subjects of the state, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law.
And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain and be in the same state as if this constitution had not been made.
7. The people of this state have the sole and exclusive right of govern- ing themselves as a free, sovereign, and independent state, and do, and for- ever hereafter shall, exercise and enjoy every power, jurisdiction, and right pertaining thereto, which is not or may not hereafter be by them expressly delegated to the United States of America in Congress assembled.
8. All power residing originally in and being derived from the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them.
9. No office or place whatsoever in government shall be hereditary - the abilities and integrity requisite in all not being transmissible to poster- ity or relations.
10. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emol- ument of any one man, family, or class of men, therefore, whenever the ends of government are perverted, and public liberty manifestly endangercd, and all other means of redress are ineffectual, the people may, and of right ought to, reform the old or establish a new government. The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.
11. All elections ought to be free, and every inhabitant of the state, hav- ing the proper qualifications, has equal right to elect and be elected into office.
12. Every member of the community has a right to be protected by it 48 *
570
NEW HAMPSHIRE AS IT IS.
in the enjoyment of his life, liberty, and property ; he is therefore bound to contribute his share in the expense of such protection, and to yield his per- sonal service when necessary, or an equivalent. But no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people. Nor are the in- habitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent.
13. No person who is conscientiously scrupulous about the lawfulness of bearing arms shall be compelled thereto, provided he will pay an equivalent.
14. Every subject of this state is entitled to a certain remedy, by hav- ing recourse to the laws, for all injuries he may receive in his person, prop- erty, or character, to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial ; promptly, and without any delay ; conformably to the laws.
15. No subject shall be held to answer for any crime or offence until the same is fully and plainly, substantially and formally, described to him, or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself, to mect the witnesses against him face to face, and to be fully heard in his defence by himself and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers or the law of the land.
16. No subject shall be liable to be tried, after an acquittal, for the same crime or offence. Nor shall the legislature make any law that shall subject any person to a capital punishment (excepting for the government of the army and navy, and the militia in actual service) without trial by jury.
17. In criminal prosecutions, the trial of facts in the vicinity where they happen is so essential to the security of the life, liberty, and estate of the citizen, that no crime or offence ought to be tried in any other county than that in which it is committed ; except in cases of general insurrection in any particular county, when it shall appear to the judges of the Superior Court that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the legislature shall think proper to direct the trial in the nearest county in which an impartial trial ean be obtained.
18. All penalties onght to be proportioned to the nature of the offence. No wise legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treason : where
571
CONSTITUTION OF NEW HAMPSHIRE.
the same undistinguishing severity is exerted against all offences, the peo- ple are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences : for the same reason' a multitude of sanguinary laws is both im- politic and unjust ; the true design of all punishments being to reform, not to exterminate mankind.
19. Every subject hath a right to be secure from all unreasonable search- es and seizures of his person, his houses, his papers, and all his possessions. Therefore all warrants to search suspected places, or arrest a person for ex- amination or trial, in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in a warrant to a civil officer to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure ; and no warrant ought to be issued but in cases and with the formalities prescribed by law.
20. In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has been heretofore other- wise used and practised, the parties have a right to a trial by jury ; and this method of procedure shall be held sacred, unless in cases arising on the high seas, and such as relate to mariners' wages, the legislature shall think it necessary hereafter to alter it.
21. In order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken that none but qualified persons should be appointed to serve; and such ought to [be] fully com- pensated for their travel, time, and attendance.
22. The LIBERTY OF THE PRESS is essential to the security of freedom in a state ; it ought, therefore, to be inviolably preserved.
23. Retrospective laws are highly injurious, oppressive, and nnjust. No such laws, therefore, should be made, either for the decision of civil causes or the punishment of offences.
24. A well-regulated militia is the proper, natural, and sure defence of a state.
25. Standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the legislature.
26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power.
27. No soldier in time of peace shall be quartered in any house without
572
NEW HAMPSHIRE AS IT IS.
the consent of the owner ; and in time of war, such quarters ought not to be made but by the civil magistrate, in a manner ordained by the legis- lature.
28. No subsidy, charge, tax, impost, or duty shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body.
29. The power of suspending the laws, or the execution of them, ought never to be exercised but by the legislature, or by authority derived there- from, to be exercised in such particular cases only as the legislature shall expressly provide for.
30. The freedom of deliberation, speech, and debate, in either house of the legislature, is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution in any other court or place whatsoever.
31. The legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require.
32. The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.
33. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.
34. No person can in any case be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.
35. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpre- tation of the laws, and administration 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 honorable salaries, ascertained and established by standing laws.
573
CONSTITUTION OF NEW HAMPSHIRE.
36. Economy being a most essential virtue in all states, especially in & young one, no pension should be granted but in consideration of actual ser- vices; and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time.
37. In the government of this state, the three cssential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from and independent of each other as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity.
38. A frequent recurrence to the fundamental principles of the constitu- tion, 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 observance of them in the formation and execution of the laws necessary for the good administration of government.
PART SECOND.
FORM OF GOVERNMENT.
1. The people inhabiting the territory formerly called the Province of New Hampshire do hereby solemnly and mutually agree with cach 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.
2. The supreme legislative power within this state shall be vested in the Senate and House of Representatives, each of which shall have a negative on the other.
3. 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 styled the General Court of New Hampshire.
4. The General Court shall forever have full power and anthority to erect and constitute judicatories and courts of record, or other courts, to be
€
574
NEW HAMPSHIRE AS IT IS.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.