USA > New Hampshire > The statistics and gazetteer of New-Hampshire. Containing descriptions of all the counties, towns and villages statistical tables with a list of state officers, etc. > Part 69
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 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76
30. And every person qualified as the constitution provides, shall be considered an inhabitant, for the purpose of electing and being elected into any office or place within this State, in the town, parish and plan- tation where he dwelleth and hath his home.
31. And the inhabitants of plantations and places unincorporated, qual- ified as this constitution provides, who are or shall be required to assess taxes upon themselves toward the support of government, or shall be taxed therefor , shall have the same privilage of voting for senators in the plantations and places wherein they reside, as the inhabitants of the res- pective towns and parislies aforesaid have. And the meetings of such plantations and places for that purpose shall be holden annually in the month of March, at such places respectively therein as the assessors thereof shall direct; which assessors shall have like authority for noti- fying the electors, collecting and returning the votes as the selectmen and town-clerks have in their several towns by this constitution.
32. The meetings for the choice of Governor, Council, and Senators, shall be warned by warrant from the selectmen, and governed by a moderator, who shall in the presence of the selectmen (whose duty it shall be to attend), in open meeting, receive the votes of all the inhabi- tants of such towns and parishes present, and qualified to vote for sena- tors; and shall in said meetings, in presence of the said selectmen and of the town-clerk in said meetings, sort and count the said votes, and make a public declaratian thereof, with the name of every person voted for, and the number of votes for each person; and the town-clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and direct- ed to the Secretary of the State, with a superscription expressing the purport thereof; and the said town-clerk shall cause such attested copy to be delivered to the sheriff of the county in which said town or parish shall lie, thirty days at least before the first Wednesday of June, or to the Secretary of the State at least twenty days before the said first Wednesday of June; and the sheriff of each county, or his deputy, shall deliver all such certificates by him received into the Secretary's office, at least twenty days before the first Wednesday of June.
33. And that there may be a due meeting of senators on the first Wednesday of June annually, the Governor, and a majority of the Council for the time being, shall, as soon as may be, examine the re- turned copies of such records, and fourteen days before the first Wednesday of June, he shall issue his summons to such persons as ap- pear to be chosen senators by a majority of votes, to attend and take
* See Amendments.
615
CONSTITUTION OF NEW-HAMPSHIRE.
their seats on that day; Provided, nevertheless, that for the first year the said returned copies shall be examined by the President and the major- ity of the Council then in office; and the said President shall in like manner notify the persons elected to attend and take their seats ac- cordingly.
34. And in case there shall not appear to be a senator elected by a majority of votes for any district, the deficiency shall be supplied in the following manner: namely, the members of the House of Representa- tives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number of votes in the district, and out of them shall elect, by joint ballot, the senator wanted for such district; and in this manner all such vacancies shall be filled in every district of the State; and in like manner all vacancies in the Senate, arising by death, removal out of the State, or otherwise, shall be supplied as soon as may be, after such vacancies happen.
35. The Senate shall be final judges of the elections, returns, and qualifications of their own members, as pointed out in this constitution. 36. The Senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time.
Provided, nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day, or at such placc.
37. The Senate shall appoint their president and other officers, and deternine their own rules of proceedings. And not less than seven members of the Senate shall make a quorum for doing business; and when less than eight senators shall be present, the assent of five, at least, shall be necessary to render their acts and proceedings valid.
38. The Senate shall be a court, with full power and authority to hear, try and determine all impeachments made by the House of Rep- resentatives against any officer or officers of the State, for bribery, cor- ruption, mal-practice, or mal-administration in office; with full power to issue summons or compulsory process for convening witnesses before them ; but previous to the trial of any such impeachment, the members of the Senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer impeached for bribery, corruption, mal-practice, or mal- administration in office, shall be served with an attested copy of the impeachment, and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting to try the impeachment; which service shall be made by the sheriff, or such other sworn officer as the Senate may appoint, at least fourteen days previous to the time of trial; and such citation being duly served and returned, the Senate may proceed in the hearing of the impeach- ment, giving the person impeached, if he shall appear, full liberty of producing witnesses and proofs, and of making his defense by himself and counsel; and may, also, upon his refusing, or neglecting to appear, hear the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding; and such judgment shall have the same force and effect as if the person impeached had ap- peared and pleaded in the trial.
39. Their judgment, however, shall not extend farther than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this State; but the party so convicted shall nevertheless be liable to indictment, trial, judgment and punishment, according to the laws of the land.
40. Whenever the Governor shall be impeached, the chief justice of the supreme judicial court shall, during the trial, preside in the Senate. but have no vote therein.
616
CONSTITUTION OF NEW-HAMPSHIRE.
EXECUTIVE POWER.
GOVERNOR.
41. There shall be a supreme executive magistrate, who shall be styled Governor of the State of New-Hampshire; and whose title shall be His Excellency.
42. The Governor shall be chosen annually in the month of March; and the votes for Governor shall be received, sorted, counted, certified, and returned, in the same manner as the votes for Senators; and the Secretary shall lay the same before the Senate and House of Represen- tatives, on the first Wednesday of June, to be by thiem examined; and in case of an election by a majority of votes through the State, the choice shall be by them declared and published. And the qualifica- tions of electors of the Governor shall be the same as those for senators ; and if no person shall have a majority of votes, the Senate and House of Representatives shall, by a joint ballot, elect one of the two persons having the highest number of votes, who shall be declared Governor. And no person shall be eligible to this office unless, at the time of his election he shall have been an inhabitant of this State for seven years next preceding, and unless he shall be of the age of thirty years [and unless he shall at the same time have an estate of the value of five hun- dred pounds, one half of which shall consist of a freehold of his own right within this State],* and unless he shall be of the Protestant re- ligion.
43. In cases of disagreenient between the two houses with regard to the time or place of adjournment or prorogation, the Governor, with advice of Council, shall have a right to adjourn or prorogue the General Court, not exceeding ninety days at any one time, as he may determine the public good may require; and he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said Court at any time is to convene, or any other cause whereby dangers may arise to the health or lives of the members from their attendance, the Governor may direct the session to be holden at some other, the most convenient place within the State.
44. Every bill which shall have passed both Houses of the General Court, shall, before it became a law, be presented to the Governor; if he approve, he shall sign it, but if not he shall return it, with his oh- jections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with such objections, to the other House, by which it shall likewise be reconsidered, and if ap- proved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the Governor within five days (Sunday excepted) after it shall have been presented to him, the same shall be a law in like man- ner as if he had signed it unless the Legislature, by their adjournment, prevent its return, in which case it shall not be a law.
45. Every resolve shall be presented to the Governor, and, before the same shall take effect, shall be approved by him; or, being disapproved by him, shall be re-passed by the Senate and House of Representatives, according to the rules aud limitations prescribed in the case of a bill.
46. All judicial officers, the attorney-general, solicitors, all sheriff's, coroners, registers of probate, and all officers of the navy, and general and field officers of the militia, shall be nominated and appointed by the
* See Amendment.
617
CONSTITUTION OF NEW-HAMPSHIRE.
Governor and Council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place unless a majority of the Council agree thereto.
47. The Governor and Council shall have a negative on each other, both in the nominations and appointments. Every nomination and ap- pointment shall be signed by the Governor and Council, and every negative shall be also signed by the Governor or Council, who made the same.
48. 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 recom- mendation.
49. Whenever the chair of the Governor shall become vacant by rea- son 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 constitution, 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.
50. The Governor, with advice of Council, shall have full power and authority, in reeess 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 desire, 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.
51. 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 power 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 defense and safety of this State, to assemble in martial array, and put in warlike posture the inhabitants thereof, and to lead and con- duct 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, enterprise and means, all and every such person and persons as shall at any time hereafter, in a hostile manner, attempt or enterprise 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, inva- sion, and also in rebellion declared by the Legislature to exist, as oc- casion shall necessarily require; and surprise, by all ways and means whatsoever, all and every such person and persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade or attempt the invading, conquering or annoying this State; and in fine, the Governor hereby is intrusted with all other powers incident to the office of captain-general and commander-in-chief and admiral, to be ex- ercised 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 here- after to be granted to him by the Legislature, transport any of the in- habitants of this State, or oblige them to march out of the limits of the same, without their free and voluntary eonsent, or the consent of the General Court, nor grant commissions for exercising the law-martial in any ease, without the advice and consent of the Council.
52. 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 con- viction, shall avail the party pleading the same, notwithstanding any
618
CONSTITUTION OF NEW-HAMPSHIRE.
general or particular expressions contained therein, descriptive of the offense or offenses intended to be pardoned.
53. No officer, duly commissioned to command in the militia, shall be removed from his office but by the address of both Houses to the Gevernor, 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 ad- jutants and quartermasters; the brigadiers, their brigade majors; the major-generals, their aids; the captains and subalterns their non-com- missioned officers.
55. 'The division of the militia into brigades, regiments, and compa- nies, 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 aris- ing 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 protec- tion 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 offi- cers of public magazines and stores belonging to this State, and all com- manding 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, ammunition, cannon with their appendages, and all small arms with their accouterments, and 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 harbor or harbors adjacent.
58. The Governor and Council shall be compensated for their services, from time to time, by such grants as the General Court shall think rea- sonable.
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 councilors, for ad- vising the Governor in the executive part of government. The freehol- ders 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 coun- cilor; which vote shall be received, sorted, counted, certified and re- turned to the Secretary's office, in the same manner as the votes for sen- ators, to be by the Secretary laid before the Senate and House of Repre- sentatives 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 councilor; but if no person shall have a majority of votes in any county, the Senate and House of Representa- tives shall take the names of the two persons who have the highest num- ber of votes in each county, and not elected, and out of those two shall elect by joint ballot the councilor wanted for each county; and the qual- ifications for councilor shall be the same as for senator.
62. If any person thus chosen a councilor shall be elected Governor, or member of either branch of the Legislature, and shall accept the trust ; or if any person elected a councilor shall refuse to accept the office; or in the case of the death, resignation, or removal of any councilor out of the
619
CONSTITUTION OF NEW-HAMPSHIRE.
State; the Governor may issue a precept for the election of a new coun- cilor in that county where such vacancy shall happen; and the choice shall be in the same manner as before directed; and the Governor shall liave 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, and tried by the Senate for bribery, corruption, mal-practice or mal-ad- ministration.
64. The resolutions and advice of the Council shall be recorded by the Secretary in a register, and signed by all'the members present, agree- ing 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, govern- ing themselves by the number of ratable polls and proportion of public taxes; each district to elect a councilor; 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 constitu- tion 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 or- der of the elections shall be as follows: The vacancies in the Senate, if any, shall be first filled : the Governor shall then be elected, provided there should be no choice of him by the people, and afterward the two houses shall proceed to fill the vacancy, if any, in the Council.
SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC.
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 Secreta- ry ; and he shall attend the Governor and Council, the Senate and Rep- resentatives, in person or by deputy, as they may require.
69. 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 the 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.
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, according to the method now practiced, and the laws of the State: Pro- vided 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 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 suffi-
620
CONSTITUTION OF NEW-HAMPSHIRE.
cient sureties, in a reasonable 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, never- theless, 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 Coun- cil, shall have authority to require the opinions of the justices of the supe- rior court upon important questions of law, and upon solemn occasions.
75. In order that the people niay not suffer from the long continuance 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 conimis- sion, the same may, if necessary, be renewed, or another person ap- pointed, as shall most conduce to the well-being of the State.
76. All causes of marriage, divorce and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the super- ior 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 ex- ceed four pounds, and title of real estate is not concerned: 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.
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 seven- ty 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.
80. 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.
81. No judge or register of probate shall be of counsel, act as advo- cate, or receive any fees as advocate or counsel, in any probate busi ness which is pending or may be brought into any court of probate in the county of which he is judge or register.
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.