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 41
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52. 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 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 particu- lar expressions contained therein, descriptive of the offence or offences in- tended to be pardoned.
53. No officer duly commissioned to command in the militia shall be re- moved from his office but by the address of both houses to the governor, or by fair trial in court martial, pursuant to the laws of the state for the time .being.
54. The commanding officers of the regiments shall appoint their adjn- tants and quartermasters; the brigadiers their brigade majors ; the major gen- erals their aids ; the captains and subalterns their non-commissioned officers.
55. The division of the militia into brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as . the proper division of the militia of this state until the same shall be altered by some future law.
56. No moneys shall be issued out of the treasury of this state, and dis- posed 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 advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court.
57. ' 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, stores, provisions, wammunition, cannon with their appendages, and all small arms with their
584
NEW HAMPSHIRE AS IT IS.
secontrements, and of all other public property under their care respective- ly, distinguishing the quantity and kind of each as particularly as may be, together with the condition of such forts and garrisons ; and the command- ing 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, ad- jacent.
58. The governor and council shall be compensated for their services, from time to time, by such grants as the General Conrt shall think reason- able.
59. Permanent and honorable salaries shall be established by law for the justices of the Superior Court.
COUNCIL.
60. There shall be annually elected by ballot five councillors, for advis- ing the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of March give in their votes for one councillor ; which votes shall be received, 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 June.
61. And the person having a majority of votes in any county shall be considered as duly elected a councillor ; but if no person shall have a ma- jority of votes in any county, the Senate and the 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 clect by joint ballot the councillor wanted for such county; and the qualifications for councillors shall be the same as for senator.
62. If any person thus chosen a councillor shall be elected governor, or member of either branch of the legislature, and shall accept the trust; or if any person elected a councillor shall refuse to accept the office ; or in the case of the death, resignation, or removal of any councillor out of the state, the governor may issue a precept for the election of a new councillor in that county where such vacancy shall happen ; and the choice shall be in the same manner as before directed ; and the governor shall have full power and authority to convene the council from time to time, at his 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 this state according to the laws of the land.
63. The members of the council may be impeached by the House,
585
CONSTITUTION OF NEW HAMPSHIRE.
and tried by the Senate, for bribery, corruption, malpractice, or maladmin. istration.
64. 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.
65. 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 ratable polls and proportion of public taxes ; each district to elect a councillor ; and in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.
66. And whereas the elections appointed to be made by this constitution on the first Wednesday of June annually, by the two houses of the legisla- ture, may not be completed on that day, the said elections may be ad- journed from day to day until the same be completed. And the order of the elections shall be as follows : the vacancies in the Senate, if any, shall be first filled up ; the governor shall then be elected, provided there should be no choice of him by the people, and afterwards the two houses shall proceed to fill up the vacancy, if any, in the council.
SECRETARY, TREASURER, COMMISSARY GENERAL, &C.
67. The secretary, treasurer, and commissary general shall be chosen by joint ballot of the senators and representatives assembled in one room.
68. 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.
69. The secretary of the state shall at all times liave 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 state until another shall be appointed.
70. The secretary, before he enters upon the business of his office, shall give bond with sufficient sureties, in a reasonable sum, for the use of the state, for the punctual performance of his trust.
586
NEW HAMPSHIRE AS IT IS.
COUNTY TREASURERS, &C.
71. The county treasurers and registers of deeds shall be elected by the inhabitants of the several towns in the several counties in the state accord- ing to the method now practised, and the laws of the state :
Provided, nevertheless, The legislature shall have authority to alter the man- ner 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.
72. And the legislature, on the application of the major part of the in- habitants 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 reasona- ble sum, for the use of the county, for the punctual. performance of their respective trusts.
JUDICIARY POWER.
73. The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, excepting those concerning whom there is a different provision made in this constitution : provided, nevertheless, the president,* with consent of the council, may remove them upon the address of both " houses of the legislature.
74. Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the Superior Court upon important questions of law and upon solemn occasions.
75. In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the impor- tant 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.
`76. " All causes of marriage, divorce, and alimony, and all appeals. from
* Governor in former printed editions, but president in the original
587
CONSTITUTION OF NEW HAMPSHIRE.
the respective judges of probate, shall be heard and tried by the Superior Court, until the legislature shall by law make other provision.
77. The General Court are empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not exceed four pounds, and title of real estate is not concerned ; but with right of ap- peal to either party to some other court, so that a trial by jury in the last resort may be had.
78. 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.
,79. No judge of, any court, or justice of the peace, shall act as attorney, or be of counsel to any party, or originate any civil suit, in matters which shall come or be brought before him as judge or justice of the peace.
(trt .: 80. All matters relating to the probate of wills and granting letters of 6administration 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.
jt +81. 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 any court of probate in the county of which he is judge or register.
CLERKS OF COURTS.
82. The judges of the courts (those of probate excepted) shall appoint their respective clerks, to hold their office during pleasure; and no such y clerk shall act as an attorney, or be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.
ENCOURAGEMENT OF LITERATURE, &C.
83. Knowledge and learning, generally diffused through a community, being essential to the preservation of a frec government, and spreading the opportunities 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 future periods of this govern-
588
NEW HAMPSHIRE AS IT IS.
ment, to cherish the interest of literature and the seiences, and all semina- ries and public schools, to encourage private and public institutions, re- wards and immunities for the promotion of agriculture, arts, sciences, com- merce, trades, manufactures, and natural history of the country ; to coun- tenance and inculcate the principles of humanity and general benevolenee, public and private charity, industry, and economy, honesty and punctuali- ty, sincerity, sobriety, and all social affections, and generous sentiments among the people.
OATHS AND SUBSCRIPTIONS. EXCLUSION FROM OFFICES. COMMISSIONS. WRITS. CONFIRMATION OF LAWS. HABEAS CORPUS. THE ENACTING STYLE. CONTINUANCE OF OFFICERS. PROVISIONS FOR A FUTURE REVISION OF THE CONSTITUTION, &C.
84. Any person chosen governor, councillor, senator, or representative, military or civil officer, (town officers excepted,) accepting the trust, shall, before he procceds 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 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 penalties of per- jury."
85. And the oaths or affirmations shall be taken and subscribed by the governor, before the president of the Senate, in presence of both houses of the legislature, and by the senators and representatives first elected under this constitution, as altered and amended, before the presi- dent of the state and a majority of the council then in office, and forever
589
CONSTITUTION OF NEW HAMPSHIRE.
afterwards 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.
86. 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.
87. All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the State of New Hampshire ; shall be under the seal of the court whence they issue, and bear test of the chief, first, or senior justice of the court ; but when such 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.
88. All indictments, presentments, and informations shall conclude against the peace and dignity of the state. .
89. The estate of such persons as may destroy their own lives shall not for that offence be forfeited, but descend or ascend in the same manner as if such persons had died in a natural way. Nor shall any article which shall accidentally occasion the death of any person be henceforth deemed a deo- dand, or in any wise forfeited on account of such misfortune.
90. All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of New Hampshire, and usually practised on in the courts of law, shall remain and be in full force until altered and repealed by the legislature ; such parts thereof only excepted as are repug- nant 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.
91. 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 shall not be suspended by the legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months.
92. 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.
93. 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 ;
50
590
NEW HAMPSHIRE AS IT IS.
.
nor shall they hold any place or office, or receive any pension or salary, from any other state, government, or power whatever. pas Ad at any men
94. No person shall be capable of exercising at the same time more than one of the following offices in 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 of- fices and offices of justice of the peace excepted.
95. No person holding the office of judge of any court, except special judges, secretary, treasurer of the state, attorney general, commissary gen- eral, military officers receiving pay from the continent or this state, except- ing officers of the militia, occasionally called forth on an emergency, regis- ter of deeds, sheriff, or officers of the customs, including naval officers, col- lectors of excise and state and continental taxes, hereafter appointed and not having settled their accounts with the 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 Representa- tives, 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, 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.
96. No person shall ever be admitted to hold a seat in the legislature, 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. -
97. In all cases where sums of money are mentioned in this constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce.
98. 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 Gen- eral Court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary ar- rangements accordingly .* =
99. 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 pur- pose among the others for the meeting, to wit: to take the sense of the
* Boe act of December 14, 1792.
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CONSTITUTION OF NEW HAMPSHIRE.
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 revis- ion ; and a return of the number of votes for and against such necessity shall be made by the clerk, sealed np 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 the majority of the qualified voters in the state present and voting at said meetings, there is a necessity for a revision of the constitu- tion, it shall be the duty of the General Court to call a convention for that purpose ; otherwise the General Conrt shall direct the sense of the people to be taken, and then proceed in the manner before mentioned. The dele- gates to be chosen in the same manner, and proportioned as the representa- tives to the General Court : provided, that no alterations shall be made in this constitution before the same shall be laid before the towns and unincor- porated places, and approved by two thirds of the qualified voters present and voting on the subject.
100. 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.
101. This form of government shall be enrolled on parchment, and de- posited 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.
IN CONVENTION,
HELD AT CONCORD, THE 5TH DAY OF SEPTEMBER, ANNO DOMINI, 1792.
The returns from the several towns and unincorporated places being ex- amined, and it appearing that the foregoing bill of rights and form of gov- ernment, as amended by the convention, were approved by more than two thirds of the qualified voters present in town meetings, and voting upon the question, the same are agreed on and established by the delegates of the people in convention, and declared to be the civil constitution of the state of New Hampshire.
SAMUEL LIVERMORE, President of the Convention.
Attest - JOHN CALFE, Secretary.
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NEW HAMPSHIRE AS IT IS.
AMENDMENTS.
PROCLAMATION.
EXECUTIVE DEPARTMENT,
CONCORD, SEPTEMBER 16, 1852. 5
Be it known, That I, Noah Martin, governor of the State of New Hamp- shire, in obedience to the request of the constitutional convention, do here- by proclaim to the people of this State, that the constitution of the same is amended, by striking from it, in part 2d, section 14th, the words " shall have an estate within the district where 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 ; " and from section 20th, the words " and seized of a freehold estate in his own right of the value of a hundred pounds, being within this state; " and section 42d, the words, " and unless he shall at the same time have an estate of the value of five hundred pounds, one half of which shall con- sist of a freehold in his own right, within this state."
The foregoing property qualifications are stricken ont, and the constitu- tion is thus amended by the suffrages of more than two thirds of the legal voters present in town meeting and voting upon the questions.
[L. S.] Given nnder my hand, and the seal of the state affixed, at the couneil chamber, September the sixteenth, A. D. 1852, and of the independence of the United States of America the seventy- seventh.
NOAH MARTIN.
By the governor.
JOHN L. HADLEY, Secretary of State.
STATE OF NEW HAMPSHIRE.
SECRETARY OF STATE'S OFFICE, CONCORD, JANUARY 27, 1853.
A true copy of the original. .
Attest -JOHN L. HADLEY, Secretary of State.
APPENDIX.
ADDITIONS AND CORRECTIONS.
FOR THE GAZETTEER.
CHARLESTOWN .- In the description of Charles- town a ridge of land is spoken of as extending nearly through the entire length of the town, on its " westerly " limits, -- it should read " easterly."
CLAREMONT .- The number of communicants connected with Trinity Church is about 125. The cost of the edifice recently erected by this Society for a house of worship, exclusive of land, was about $7,500. The Methodist Episcopal. Society of this town is in a flourishing condition, numbering about 350 members, under the pastoral care of Rev. F. A. Hewes, who is now on his second con- ference year. They now worship in a spacious new edifice, erected about two years since, at a cost of about $7,000. The new church is 50 by 74 ft., and will seat comfortably a congregation of 700; is thoroughly built, and like most of the churches of this denomination, convenience and accommo- dation for a large congregation were more consult- ed in its construction than mere ornament; though the building in its interior finish is exceedingly neat, and externally,-being located upon elevated ground on Central street,-presents a fine and im- posing appearance,
2
DUBLIN,-A large portion of the Grand Monad- nock lies in the southwest part of the town.
GILMANTON .- The Academy in this town was incorporated in 1794, and was endowed with $5,- 500, and one-fourth of a township of land.
HAMPTON .- Ship-building, which formerly con- stituted a large item in the business of the inhabi- tants, has not been carried on to any extent for several years.
LACONIA .- At the June session of the New Hampshire Legislature, 1855, a new town was in- corporated, composed of the easterly part of Mere- dith and the village heretofore known as Meredith Bridge, and called Laconia.
LITTLETON .- The North Village is a pleasant and flourishing part of the town. There is in this town a Scythe manufactory which does an exten- sive business.
PETERBORO' .- The North Branch River is known by the name of Goose Brook. There are 4 meeting houses in this town instead of 5, as formerly stated. The names of the petitioners to the Lieut. Governor of Mass., in 1750, are as fol- lows :
thomas Morrison, John white, John Hill, Alexe Robbe, James Gordon, William Scott,
James michell, John Smith, thomas Vender,
william Robbe.
3
LIST OF BANKS IN OPERATION IN NEW HAMPSHIRE IN JUNE, 1855.
Amoskeag Bank, Manchester,
Capital, $150,000
Ashuelot Bank, Keene,
100,000
Belknap County Bank, Meredith,
66
80,000
Carroll County Bank, Sandwich,
66 50,000
Cheshire Bank, Keene,
100,000
Citizens' Bank, Sanbornton Bridge,
..
50,000
City Bank, Manchester,
150,000
Claremont Bank,
.6
100,000
Cocheco Bank, Dover,
100,000
Connecticut River Bank, Charlestown,
6 6
100,000
Dover Bank, Dover,
€6
100,000
Farmington Bank, Farmington,
66
50,000
Francestown Bank, Francestown,
66
60,000
Granite State Bank, Exeter,
125,000
Great Falls Bank, Somersworth,
150,000
Indian Head Bank, Nashua,
16
100,000
Lake Bank, Wolfboro'
50,000
Lancaster Bank, Lancaster,
50,000
Langdon Bank, Dover,
66 :
100,000
Bank of Lebanon, Lebanon,
"
100,000
Manchester Bank, Manchester,
125,000
Mechanics' Bank, Concord,
100,000
Mechanics' and Traders' Bank, Portsmouth,
141.000
Merrimack County Bank, Concord,
80,000
Monadnock Bank, Jaffrey,
50,000
Nashua Bank, Nashua,
125,000
New Ipswich Bank, New Ipswich,
66
100,000
Pawtuckaway Bank, Epping,
50,000
Peterboro' Bank, Peterboro,'
50,000
Piscataqua Exchange Bank, Portsmouth,
66
200,000
Pittsfield Bank, Pittsfield,
56
50,000
4
Rochester Bank, Rochester,
Capital. $80,000
Rockingham Bank, Portsmouth,
50,000
Salmon Falls Bank, Rollinsford, State Capitol Bank, Concord, Strafford Bank, Dover, Sugar River Bank, Newport,
150,000
120,000
50,000
Warner Bank, Warner,
66
50,000
Weare Bank, Hampton Falls,
50,000
White Mountain Bank, Lancaster,
50,000
Winchester Bank, Winchester,
100,000
66
200,000
The following Banks were chartered during the session of the Legislature in June 1855: The Souhegan Bank, Milford; The Pittsfield Savings Bank, Pittsfield ; The New Market Bank, New Market; The Cheshire County Bank, Keene ; The Somersworth Bank, Somersworth ; The Con- cord Savings Bank, Concord ; The Bank of New Hampshire, Portsmouth ; The Plymouth Bank, Plymouth; The Exeter Bank, Exeter ; The Mer- rimack River Bank, Manchester; The Ashuelot Savings Bank, Winchester; The Derry Bank, Derry ; The Pennachuck Bank, Nashua.
APR 75
N. MANCHESTER, INDIANA
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