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MANUAL 



CONSTITUTION 



STATE OF NEW HAMPSHIRE. 



Compiled from Official Sources and Edited, with 

Sketch of the Constitutions of the State, the 

Basis of Representation, and Appendix, 



JAMES FAIRBANKS COLBY. 



REVISION Oh Ui2. 



CONCORD, 1912. 



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PRINTCD BY THE JOHN B. CLARKC CO. MANCHCSTCII 
•OUND BY THOMAB W. CRAQQ CONCORD 



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CONTENTS. 



Page. 

Preface 5 

Constitution of New Hampshire established October 31, 1783, as sub- 
sequently amended and in force December 1, 1902 9 

Index to constitution 47 

Sketch of the constitutions of New Hampshire, including— 

Name and bounds 57 

E^rly govern men t 59 

Revolutionary government 62 

Suggestions of Oen. John Sullivan on plan of government for 

New Hampshire 63 

First Constitutional Convention, 1775-76 68 

Temporary constitution of January 5, 1776 69 

Proclamation of new plan of government 71 

Character of government formed 72 

Declaration of Independence of New Hampshire 74 

Preparation for another convention 75 

Second Constitutional Convention, 1778 77 

Draft of constitution submitted to the people for approval and 

rejected, 1779 80 

Third Constitutional Convention, 1781-83 84 

Address of convention to the people upon submitting first draft 

of proposed constitution, 1781 93 

Constitution (third draft) as approved by the people and 

established October 31, 1783 101 

Fourth Constitutional Convention, 1791-92 124 

Amendments proposed (72), first series, 1792 129 

Popular vote thereon 149 

Amendments proposed (second series), 1792 151 

Popular vote thereon 168 

Constitution unchanged, 1792-1852 168 

Fifth ConstituUonal Convention, 1850-61 170 

Amended constitution proposed, 1850 175 

Amendments proposed (15), first series, 1851 201 

Popular vote thereon 204 

Fifth Constitutional Convention, second session, 1851 206 

Amendments proposed (3), second series, 1851 207 

Popular vote thereon 209 

Constitution unchanged, 1852-77 209 

Sixth Constitutional Convention, 1876 212 

Amendments proposed (13), 1876 217 

Popular vote thereon 220 

Constitution unchanged, 1877-89 222 

o 



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4 CONTENTS 

Sketch of the constitutions of New Hampshire, including— Page. 

Seventh Constitutional Convention, 1889 222 

Amendments proposed (7), 1889 226 

Popular vote thereon : 228 

Constitution unchanged. 1889-1902 229 

Eighth Constitutional Convention, 1902 229 

Amendments proposed, 1902 247 

Popular vote thereon ; 254 

Governor's proclamation 255 

Constitution unchanged since 1903 256 

The basis of representation in New Hampshire previous to the 

adoption of the constitution of 1783. By George Hill Evans 257 

The basis of representation in the House of Representatives in New 

Hampshire since 1784. By William Hugh Mitchell 268 

APPENDIX. 

Joint resolution approved March 10, 1909, to provide for taking the 

sense of the qualified voters on calling a constitutional convention 287 
Vote of the state by counties on calling a constitutional convention, 

November 8, 1910 288 

Act of the General Court approved April 15, 1911, providing for con- 
vention of delegates for the purpose of revising the constitution 288 

Joint resolution approved April 15, 1911, providing for the payment 

of the expenses of a convention to revise the constitution 290 

List of delegates returned to the Secretary of State as elected to the 

convention to revise the constitution March 12, 1912 291 

Chapter 22 of Public Statutes of New Hampshire, Councilor districts. . 295 
Chapter 23 of Public Statutes of New Hampshire, Senatorial districts. . 296 
An Act relating to the election of Representatives to the General Court, 

approved March 30, 1911 298 

Population of New Hampshire by counties, 1790-1910 302 

Increase of population of New Hampshire as shown at each census 

and density to square mile, 1790-1910 304 

Population of cities, towns of 2,500 inhabitants, and incorporated vil- 
lages, 1910 305 

Population of Councilor districts, 1910 306 

Population (1910), valuation, and taxes (1911) of Senatorial dlfTtrlcts.... 306 
Population by towns, 1790-1910, and number of Representatives returned 
by each town to the General Court at each decennial period, 

1784-1910 308 

Total number of Representatives returned to the General Court each 

year, 1784-1913 328 

Qualifications for suffrage prescribed by the constitutions of the 

several states Between 328-329 

Notes to table of qualifications for suffrage 329 

Offenses for which disfranchisement is prescribed by the constitutions 

of the several states 332 

Methods prescribed by the constitutions of the several states for re- 
vision and amendment 338 

Number of members of the Senate and House of Representatives in 

the legislature of the several sUtes of the Union, 1912 848 



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PEEFACE. 



This manual has been prepared, pursuant to a vote of the 
Governor and Council, for the use of the constitutional con- 
vention. This fact has determined bolfti its contents and its 
form. 

The text of the constitution of New Hampsftiire herewith 
printed as now in force, is based upon the earliest engrossed 
copy in existence, that of the constitution as amended in 1792. 

The sketch of the constitutions of the state is limited to a 
simple narrative of events, without any attempt to unfold 
their casual relations. No work of that character can be 
written properly until numerous manuscripts now in the Brit- 
ish or American archives, and important records in possession 
of the state or its towns are made more accessible to historical 
studenlts. The sattne general causes that have governed the 
constitutional development of the other New England states 
have been at work in New Hampshire, but its organic law is 
not without distinguishing marks. The temporary constitu- 
tion of January 5, 1776, was 'the first frame of government 
adopted by any of the thirteen original states which, though 
not a grant of powers, was deemed by tiie people to be a fun- 
damental law. The permanent constitution, established Octo- 
ber 31, 1783, and drafted in all i'ts important provisions by 
the statesman of the American Bevolution, John Adams, was 
unchanged for sixty years, 1792-1852, a fact unparalleled 
among the other states except Bhode Island and New Jersey^ 
and now has been in force one hundred and twenty years, a 
longer time than the organic law of any other American com- 
monwealth except Massftdhusetts. 

The popular vote by which this enduring constitution was 
ratified, taken in different towns on different days during the 
three months preceding its establishment, is unrecorded. 

5 



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6 PREFACE 

A reprint of this manual having been ordered by the Gover- 
tipT and Council for 'the use of the approaching constitutional 
convention, endeavor has been made to correct such errors 
as have been discovered in the first edition, and to supplement 
it with a sketch of the convention of 1902, and other relevant 
maiterial. 

Any attempt to write the constitutional history of New 
H^tmp&hire still being premature, as it was ten years ago, both 
the contents and form of this revision have been determined, 
as were those of the first edition, by the immediate purpose 
for which it has been prepared. 

A letter from Samuel Philbrick of Kingston to Hon. 
Josiah Bartletit, recently discovered in a manuscript volume in 
the library of Dartmouth college, printed upon pages 78, 79, 
throws some light upon the proceedings of the first session of 
the convention of 1778. 

The draft of an amended constitution of New Hampshire 
proposed to the people by the convention of 1850-51, which 
long has been out of print, is reprinted on pages 177-200. 

The General Court in 1844, and on five successive occasions 
during the ten years, 1860-70, when providing for taking the 
sense of the people upon calling a con^tutional convention, 
sought to limit its action to certain particulars. Such pro- 
cedure being unusual, extracts from these enactments show- 
ing the specific points to whidh the General Court endeavored 
to res!trict the action of the respective conventions, are in- 
serted in their proper places. 

In the sketch of the constitutional convention of 1902 nu- 
merous references are made to the pages of its official journal 
for the fuller treatment of the more important subjedts. 

The statistical tables included in the Appendix which show 
the population of New Hampshire and its minor civil divi- 
sions have been compiled from the thirteenth census of the 
United States. The other tables therein printed relating to 
the number of members in the Senate and House of Eepre- 
sentatives of the several states of the Union, the qualifications 
for the suffrage prescribed by them, the offences for which 



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PREFACE 



they disfranchise, and the methods prescribed by them for 
amending their consti'tutions are based upon an exhaustive 
study of the texts of those instruments which are in force in 
1912. The difficulty of accurately summarizing widely differ- 
ent constitutional provisions in the form of a tabular state- 
ment is large, but endeavor has been made to minimize any 
inaccuracy by the appended notes. 

My thanks are due for valuable suggestions which have 
contributed to the improvement of the original edition to 
Albert S. Batchellor, Editor of State Papers, Chief Justice 
Frank N. Parsons, and Hon. Joseph B. Walker. I am in- 
debted "to William Hugh Mitdhell, A. M., of Acworth, New 
Hampshire, for valuable aid in revising some of the statistical 
tables, and also in preparing the sketch of the convention of 
1902; and to Charies J. Hilkey, Ph. D., Instructor in Political 
Science in Dartmouth college, fox scholarly assistance in revis- 
ing the tables on suffrage, disfranchisement, and methods of 
amending constitutions of the several states of the Union. 

I am also indebted to the Charles E. Merrill Company of 
New York, publishers of Laylor's Cyclopedia of Political Sci- 
ence, for the privilege of reprinting the tables on qualifications 
for suffrage and on disfranchisement, which I prepared for 
the first edition of that work, but which as now revised and re- 
printed herewith, in the table between pages 328 and 
329 and on pages 329-337, are corrected to 1912. 

My special thanks axe due to Otis G. Hammond, Assistant 
State Librarian, for the painstaking and valuable help which 
he has given me during the progress of this revision, and espe- 
cially in reading and correcting its proof, which have united 
to make possible its publicaition at the date set for the assem- 
bling of the constitutional convention. 

JAMES F. COLBY. 

Dartmouth Colleoe, 
Hanover, New Hampshire, 
June 1, 1912. 



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CONSTITUTION 



STATE OF NEW HAMPSHIRE, 

ESTABLISHED OCTOBER 31, 1783, TO TAKE 
EFFECT JUNE 2, 1784, AS SUBSE- 
QUENTLY AMENDED AND IN 
FORCE JUNE 5, 1912. 



PART FIRST.— BILL. OF RIGHTS. ARTICLE 



Article 

1. Equality of men; origin and 

object of government. 

2. Natural rights. 

3. Society, its organization and 

purposes. 

4. Rights of conscience unalien- 

able. 

5. Religious freedom recognized. 

6. Public worship of the Deity to 

be encouraged; right of 
electing religious teachers; 
free toleration; existing con- 
tracts not affected. 

7. State sovereignty. 

8. Accountability of magistrates 

and officers to the people. 

9. No hereditary office or place. 

10. Right of revolution. 

11. Elections and elective fran- 

chise. 

12. Protection and taxation recip- 

rocal; private property tor 
public use. 

13. Conscientiously scrupulous not 

compellable to bear arms. 

14. Legal remedies to be free, 

complete, and prompt. 

15. Accused entitled to full and 

substantial statement of 
charge; not obliged to fur- 
nish evidence against him- 
self; may produce proofs 
and be fully heard, etc. 



16. No person to be again tried 

after an acquittal; trial by 
Jury in capital cases. 

17. Criminal trials in county, ex- 

cept in general insurrection. 

18. Penalties to be proportioned to 

offenses; true design of pun- 
ishment. 

19. Searches and seizures regulated. 

20. Trial by Jury in civil causes; 

exceptions. 

21. Only qualified persons to serve 

as Jurors, and to be fully 
compensated. 

22. Liberty of the press. 

23. Retrospective laws prohibited. 

24. Militia. 

25. Standing armies. 

26. Military, subject to civil 

power. 

27. Quartering of soldiers. 

28. Taxes to be levied only by the 

people or legislature. 

29. Suspension of laws by legisla- 

ture only. 

30. Freedom of speech. 

31. Meetings of legislature, for 

what purpose. 

32. Rights of assembly, instruction 

and petition. 

33. Excessive bail, fines, and pun- 

ishments prohibited. 

34. Martial law limited. 

35. The Judiciary; tenure of office. 

36. Pensions. 



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MAiNUAIi OF THE OONSTITUTION. 



Artici^ 

37. The legislative, executive, and 

judicial departments to be 
kept separate. 

38. Social virtues inculcated. 

PART SBCOND.—FORM OF 
QOVBRNMBNT. 

1. Name of body politic. 

2. Legislature, how constituted. 

3. General court, when to meet 

and dissolve. 

4. Power of general court to es- 

tablish courts. 

5. To make laws, elect officers, 

define their powers and du- 
ties, impose fines, and assess 
taxes; prohibited from au- 
thorizing towns to aid cer- 
tain corporations. 

6. Valuation and taxation. 

7. Members of legislature not to 

take fees or act as counsel. 

8. Legislature to sit with open 

doors. 

HOUSE OF REPRESENTATIVES. 

9. Representatives elected bien- 

nially; ratio of representa- 
tion; number not to be in- 
creased by dividing towns. 

10. Small towns may elect a pro- 

portionate part of time. 

11. Biennial election of represen- 

tatives in November. 

12. Qualifications of electors. 

13. Representatives, how elected, 

and qualifications of. 

14. Compensation of the legisla- 

ture. 

15. Vacancies in house, how filled. 

16. House to impeach before the 

senate. 

17. Money bills to originate in 

house. 

18. Power of adjournment limited. 

19. Quorum, what constitutes. 

20. Privileges of members of the 

legislature. 

21. House to elect speaker and of- 

ficers, settle rules of pro- 
ceeding, and punish miscon- 
duct. 

22. Senate and executive have like 

powers; imprisonment lim- 
ited. 



Article 

23. Journals and laws to be pub- 

lished; yeas and nays, and 
protests. 

SENATE. 

24. Senate, how constituted; ten- 

ure of office. 

25. Senatorial districts, how con- 

stituted. 

26. Election of senators. 

27. Senators, how and by whom 

chosen; right of suffrage. 

28. Qualifications of senators. 

29. InhabiUnt defined. 

30. Inhabitants of unincorporated 

places; their rights, etc. 

31. Biennial meetings, how 

warned, governed, and con- 
ducted; return of votes. 

32. Governor and council to count 

votes for senators and notify 
the persons elected. 

33. Vacancies in senate, how 

filled. 

34. Senate, judges of their own 

elections. 

35. Adjournments limited except 

in impeachment cases. 

36. Senate to elect their own offi- 

cers; quorum. 

37. Senate to try impeachments; 

mode of proceeding. 

38. Judgment on impeachments 

limited. 

39. Chief justice to preside on im- 

peachment of governor. 

EXECUTIVE POWER.— GOVER- 
NOR. 



40. 
41. 



42. 



44. 



Title of governor. 

Election of governor; return of 
votes; electors; if no choice, 
legislature to elect one of 
two highest candidates ; quali- 
fications for governor. 

In cases of disagreement, gov- 
ernor to adjourn or prorogue 
legislature; if infectious dis- 
temper or other cause exists, 
may convene them else- 
where. 

Veto of governor to bills, pro- 
visions as to. 

Resolves to be treated like 
bills. 



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MANUAL OF THE OONSTITUTION. 



11 



Artici-b 

45. Governor and council to nomi- 

nate and appoint officers; 
nomination three days be- 
fore appointment. 

46. Governor and council have 

negative on each other. 

47. Field officers to recommend, 

and governor to appoint, 
company officers. 

48. President of senate to act as 

governor when office vacant; 
speaker of house to act 
when office of president of 
senate also vacant. 

49. Governor to prorogue or ad- 

journ legislature and call ex- 
tra sessions. 

50. Power and duties of governor 

as commander-in-chief; lim- 
itation. 

51. Pardoning power. 

52. Militia officers, removal of. 

53. Staff and non-commissioned 

officers, by whom appointed. 

54. Division of militia into bri- 

gades, regiments, and com- 
panies. 

55. Moneys drawn from treasury 

only by warrant of governor 
pursuant to law. 

56. Accounts of military stores, 

etc., to be rendered quar- 
terly. 

57. Compensation of governor and 

council. 

58. Salaries of judges. 

COUNCIL. 

59. Councilors, mode of election, 

etc. 

60. Vacancies, how filled if no 

choice. 

61. Occurring afterward; new elec- 

tion; governor to convene; 
duties. 

62. Impeachment of councilors. 

63. Secretary to record proceed- 

ings of council. 

64. Councilor districts provided 

for. 

65. Elections by legislature may 

be adjourned from day to 
day; order thereof. 



Article 
9BCRB3TARY, TREASURER, 
COMMISSARY-GEN- 
ERAL, ETC. 

66. Election of secretary, treas- 

urer, and commissary-gen- 
eral. 

67. State records, where kept; 

duty of secretary. 

68. Secretary to give bond. 

COUNTY TREASURERS, ETC. 



County treasurers, registers of 
probate, solicitors, sheriffs, 
and registers of deeds elect- 
ed. 

Counties may be divided into 
districts for registering 
deeds. 

JUDICIARY POWER. 

Tenure of office to be ex- 
pressed in comn^ssiona; 
judges to hold office during 
good behavior, etc.; remova- 
ble by address. 

Judges to give opinions, when. 

Justices of the peace commis- 
sioned for five years. 

Divorces and probate appeals, 
where tried. 

Jurisdiction of justices in civil 
causes. 

Judges and sheriffs, when dis- 
qualified by age. 

Judges and justices not to act 
as counsel. 

Jurisdiction and terms of pro- 
bate courts. 

Judges and registers of pro- 
bate not to act as counsel. 

CLERKS OF COURTS. 

81. Clerks of courts, by whom ap- 

pointed. 

ENCOURAGEMENT OF LITERA- 
TURE, TRADE, ETC. 

82. Encouragement of literature; 

control of corporation43 ; mo- 
nopolies and trusts. 



70. 



71. 



72. 



73. 
74. 



75. 



76. 



77. 



78. 



79. 



80. 



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12 



MAN^UAIi OF THEi OONSTITUTION. 



OATHS AND SUBSCRIPTIONS, 

EXCLUSIONS FROM 

OFFICE, BTTC. 



Article 
83. Oath of civil officers. 

Before whom taken. 

Form of commissions. 

Form of writs. 

Form of indictments, etc. 

Suicides and deodands. 

Existing laws to continue in 
force, if not repugnant to 
constitution. 

Habeas corpus. 

Enacting style of statutes. 

Governor and Judges prohib- 
ited from holding other 
offices. 



84. 



87. 



90. 
91. 
92. 



Articub 

93. Incompatibility of offices; only 
two offices of profit to be 
holden at some time. 
Incompatibility of certain of- 
fices. 
Bribery and corruption dis- 
qualify for office. 
Value of money, how com- 
puted. 
Constitution, when to Uke 

effect. 
Revision of constitution pro- 
vided for. 
Question on revision to be 

taken every seven years. 
Enrollment of constitution. 
Note, showing when the different 
constitutions of the state and the 
constitutional amendments were 
adopted. 



94. 



95. 



96. 



97. 



100. 



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MANTTAI^ OF THE ODNSTITUTION. 13 

PART FIRST. 

BILiL OF RICHHTIS. 

AmtiOLE Irt. All men are bom equally free and indepen- Equality of 
dent; therefore, all government of right originates from™nJ'oJj**i"Qj 
the people, is founded in consent, and instituted for ^^^ f^7^2^^^\in 
general good. , _ ,fc J^lL^ 

[ABT.]^2d. All men have certain natural, essential, and Natural 
inherent rights, among which are the enjoying and defend- ii§^ 9.* 395^ 
ing life and liberty, acquiring, possessing, and protecting j*'*** ^^ 590. 
property, and, in a word, of seeking and obtaining hap- ixvil, 59. 
piness. • i 

[Ab,t.] 3d. When men enter into a stat^ of society, they Society, Its 
surrender up some of their natural rights to that society, ^n^^Ju Eposes, 
in order to insure the protection of others; and, without J***» ^• 
such an equivalent, the surrender is void. 

[Awr.] 4^. Among the natural rights, some are in their Rights of con- 
very nature unalienable, because no equivalent can be SiieSable.*^' 
given or received for them. Of this kind are the rights 1**^ *• !**» ^25. 
of conscience. 

[Art.] 5^. Every individual has a natural and unaliena- Religious 
ble right to worship God according to the dictates of liis'J®^^™ . 
own conscience and reason; and no subject shall be hurt, liii, 9. 
molested, or restrained, in his person, liberty, or estate, u^, 225. ' 
for worshiping God in the manner and season most agree- ^^^'^' ^^• 
able to the dictates of his own conscience, or for his 
religious profession, sentiments, or persuasion, provided 
he doth not disturb the public peace or disturb others in 
their religious worship. 

[Art.] 6th. As morality and piety, rightly grounded on Public wor- 
evangelical principles, will gfive the best and greatest se- D^^Sy^^ be 
curity to government, and will lay in the hearts of men entsouraged. 
the strongest obligations to due subjection, and as the ixvi, 230. 
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, 
the people of this state have a right to empower, and do 
hereby fully empower, the legislature to authorize, from 
time to time, the several tovnis, parishes, bodies corporate, 
or religious societies within this state to make adequate 
provision, at their own expense, for the support and mam- 

1 First inserted in this and following articles of Bill of Rights in 
General Statutes, 1867. 



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14 



MANUAL OF THE CONSTITUTION. 



tenance of public Protestant teachers of piety, religion, 
and morality. 

Provided, mtwitUstandrng, that the several towns, par- 
ishes, bodies corporate, or religious societies shall at all 
times have the exclusive right of electing their ovm pub- 
lic teachers and of contracting vfith them for their 
support and maintenance. And no person of any one par- 
ticular 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 them- 
selves quietly and as good subjects of the state, shall be 
equally under the protection of the law; and no subordi- 
nation 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. 

[Art.] 1^\ The people of this state have the sole and 
exclusive right of governing themselves as a free, sov- 
ereign, and independent state, and do, and forever here- 
after shall, exercise and enjoy every power, jurisdiction, 
and right pertaining thereto which is not or may not here- 
after be by them expressly delegated to the United States 
of America in congress assembled. 

[Art.] 8tii. 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. 
No hereditary [AifiT.] Qth. No office or place whatsoever in government 
place. ^^"^ shall be hereditary, the abilities and integrity requisite in 

all not being transmissible to posterity or relations. 

[Art.] \Ql^. Government being instituted for the corn- 



Right of elect- 
ing religious 
teachers. 
Sm., 1. 
liii. 9; 138. 
Ivi, 508. 
Ivlii, 170. 
Ixvi, 230. 



Free tolera- 

.tion. 

liii, 9. 



Elxififting con- 
tracts not 
affected. 



State sover- 
eignty. 
Ixvi, 369. 



Accounta- 
bility of mag- 
istrates and 
offlcefrs. 
Ixvi. 369. 
Ixvii, 49. 



Right of revo- 
lution, 
lii. 592. 
Ixv, 118. 



mon benefit, protection, and security of the whole com- 
munity, and not for the private interest or emolument of 
any one man, family, or class of men, therefore, whenever 
the ends of g'overnment are perverted and public liberty 
manifestly endangered and all other means of redress 
are ineffectual, the people may, and of right ought to, re- 
form the old or establish a new government. The doc- 
trine of nonresistance against arbitrary power and 
oppression is absurd, slavish, and destructive of the good 
and happiness of mankind. 



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MANTTAL OF THE CONSTITUTION. 15 

[Abt.] llti». All elections ought to be free; and every Biectlons and 
inhabitant of the state, having the proper qualifications, ®j^jg^^^® '^"^' 
has equal right to elect and be elected into office; [but nolx, 385. 
person shsill have the right to vote, or be eligible to office 
under the constitution of this state, who shall not be able 
to read the constitution in the English language, and to 
write; provided^ however, that this provision shall not apply 
to any person prevented by a physical disability from com- 
plying vdth its requisitions, nor to any person who now 
has the right to vote, nor to any person who shall be 
sixty years of age or upwards on the first day of Jan- 
uary, A. D. 1904. J' 

[Abt.] 12!^, Every member of the community has a and Uxation 
right to be protected by it in the enjoyment of his li^e, p^^^^^^j^^p, 
liberty, and property. He is, therefore, bound to contrib-erty for pub- 

lie US6 otc. 

ute his share in the expense of such protection, and to i, 120, 130. ii,22. 

yield his personal service, when necessary, or an equiva- ^jj' 3^*- ^^j IJI* 

lent. But no part of a man's property shall be taken from x, 369. xl, 19. 

xvii,47,64. XXV, 
him or applied to public uses without his own consent 541. ' xxvil, 183! 

or that of the representative body of the people. Nor"^^'j ^JJ^ 

are the inhabitants of this state controllable by any other xlvii,444. 1, 591. 

laws than those to which they or their representative 549. fix, m; * 

bodv have o'iven their consent ^^*' ^99; 514. Iviii, 110; 1x1,631. 1x11,66. 

Doay nave given ineir consenT>. 26O; 480. Ix, 219; 346; 522. Ixv, 113. 

[Abt.] IZ^. No person who is conscientiously scrupulous Conscien- 
about the lawfulness of bearing arms shall be compelled puJJfuJ ®^J?' 
thereto, provided he will pay an equivalent. compellable to bear arms. 

[Abt.] 14th. Every subject of this state is entitled to a Legal reme- 
certain remedy, by having recourse to the laws, for all free, corn- 
injuries he may receive in his person, property, or charac- ™™ff ^ 
ter, to obtain right and justice freely, without being xxv, 539, 540. 
obliged to purchase it; completely and without any denial; ixv, 113. 
promptly and without delay; conformably to thie laws. 

[Abt.] 15tb. No subject shall be held to answer for any Accused en- 

• i» x-/xx. • * ,1 J 1 . 1 vT titled to full 

crime or offense until the same is fully and plainly, sub- and substan- 

stantially and formally, described to him, or be compelled of*cli^ge™not 
to accuse or furnish evidence against himself. And every obliged to fur- 
subject shall have a right to produce all proofs that may may produce' 
•be favorable to himself, to meet the witnesses against him fuJw' heard ^* 
face to face, and to be fully heard in his defense by him- etc. 
self and counsel. And no subject shall be arrested, im- i, 56; 130; 140. 
prisoned, despoiled, or deprived of his property, immuni- ,^}^^*^^J; ^|' 
ties, or privileges, put out of the protection of the law, Jviji, 314. ' 
exiled, or deprived of his life, liberty, or estate, but by ixiv,' 442- 491. 
the judgment of his peers or the law of the land. \^\[ 279'. ^^* 

'Inserted, 1903. 



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16 MANUAL OF THE OONSTITUTION. 

No penwn to [Abt.] 1&^. No subject shall be liable to be tried, after 

be again tri®^an acquittal, for the same crime or offense; nor shall the 

after an ac- ^ ' ' 

quittal; trial legislature make any law that shall subject any person 

capital^caBee. *<> a capital punishment (excepting for the government of 
280 ^*' ^^' ^^' *^® army and navy, and the militia in actual service) with- 
out trial by jury. 
Criminal [Abt.] 17th. In criminal prosecutions, the trial of facts 

county^ ex- ^^ *^® vicinity where they happen is so essential to the 
cept in gen- security of the life, liberty, and estate of the citizen, that 
tion. ^o crime or offense ought to be tried in any other coun- 

?vi ^175. *y than that in which it is committed, except in cases of 

ixi, 423, 426. 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 
offense 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 can be obtained. 
be"*ro* OT-*° [Abt.] 18th. All penalties ought to be proportioned to 
tioned to the nature of the offense. No wise legislature will affix 

o enses. ^^^ same punishment to the crimes of theft, forgery, and 

the like, which they do to those of murder and treason. 
Where the same undistinguishing severity is exerted 
against all offenses, the people are led to forget the real 
distinction in the crimes themselves and to commit the 
True design of ™ost flagrant with as little compunction as they do * the 
punishment, lightest [offenses]." For the same reason, a multitude of 
sanguinary laws is both impolitic and unjust, the true de- 
sign of all punishments being to reform, not to extermi- 
nate, mankind. 
Searches and [AiRT.] 19th. [Every subject hath a right to be secure 
lated. ^ "from all unreasonable searches and seizures of his person, 
xxv^*54i ^^® houses, his papers, and all his possessions. Therefore, 

xxxYi, 64. all warrants to search suspected places or arrest a person 
xivii, 549. . ... X . T . X- ^ . . , X 

ixvl, 177. for exammation or trial, in prosecutions for criminal mat- 

Ixviii, 48. ^gps^ g^j.g contrary to this right, if the cause or foundation 
of them be not previously supported by oath or affirma- 
tion, 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 ac- 
companied with a special designation of the persons or 
objects of search, arrest, or seizure; and no warrant ought 

1 Substituted for * 'assembly," 1793. 
* "Those of" stricken out, 1793. 
» Suibstituted for "dye," 1793. 



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MANUAL OP THE OQNSTITUTION. 17 

to be issued but in cases and with the formalities pre- 
scribed by law.]^ 

[Abt.] 20tii. In all controversies concerning property Trial by jury 

and in all suits between two or more persons, except iniH 422."ix!*836; 

cases in which it has been heretofore otherwise used and 3ci,i». xvill,389, 

.. , r J ^ . . , . ^ ^, , . **5- 3CiX, 362. 

practiced [and except in cases in which the value in con- xxv, 539. xxxv, 

troversy does not exceed one hundred dollars and title of ^'jii^^g'^f^j'j 
real estate is not concerned],* the parties have a rig-ht to|g- }^|f'S:.-% 
a trial by jury; and this method of procedure shall be held 146*; 334.' iVm', 
sacred, unless, in cases arising- on the high seas and such JJj^^^^^^* jJ^J* 
as relates to mariners* wages, the legislature shall think 231. Ixv. 201. 
it necessary hereafter to alter it. 

[Art.] 2lBt. In order to reap the fullest advantage of Only qualified 
the inestimable privilege of the trial by jury, great care Jlrve'as ju- 
ought to be taken that none but qualified persons should J^^*' JJ"^^ ^o 
be appointed to serve; and such ought to [be]* fully com- pensated. 
pensated for their travel, time, and attendance. 

[Art.] 22d. The liberty of the press is essential to the Liberty of the 
security of freedom in a state; it ought, therefore, to beP^®*^' 
inviolably preserved. 

[Abt.] 23d. Betrospective laws are highly injurious, op- Retroepectlve 
pressive, and unjust. No such laws, therefore, should be ited. 
made, either for the decision of civil causes or the P^Jiisl^-?if*'4i^*534.^' 
ment of offenses. !▼. 16; 287. x, 386. xviii, 547. xxiil, 382. xxiv, 351. xxvil, 294. 
xxxli, 413. xxxix, 304; 377; 505. li, 376, 383; 559. liv, 167. lvl,466. Ixiv, 295; 409. Ixv. 

[Abt.] 24th. A well-regulated militia is the proper, nat- jjjjjjf^; 
ural, and sure defense of a state. 

[Art.] 25tii. Standing armies are dangerous to liberty, standing 
and ought not to be raised or kept up without the consent 
of the legislature. 

[Art.] 26th. in all cases and at all times, the military jJct^JJ^^jyiJ^" 
ought to be under strict subordination to, and governed power, 
by, the civil power. 

[Art.] 27th. No soldier, in time of peace, shall be quar- Quartering of 
tered in any house vdthout the consent of the owner; and, boW^©"* 
in time of war, such quarters ought not to be made but 
by the civil magistrate, in a manner ordained by the legis- 
lature. 

[Art.] 28th. No subsidy, charge, tax, impost, or duty^e^lJ ^oni^by 
shall be established, fixed, laid, or levied, under any pre- the^ ?®°P*® °' 
text whatsoever, without the consent of the people or xiv, 98. 
their representatives in the legislature, or authority de- 
rived from that body. 

i Substituted for original article 19, 1793. 

* Inserted. 1877. 

* Not in engrossed copy of 1793. 



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18 MANUAL OF THE CONSTITMrTION. 

Suspension of [ART.] 29**. The power of suspending the laws or the 
leSslature^^ execution of them ought never to be exercised but by the 
only. legislature, or by authority derived therefrom, to be 

exercised in such particular cases only as the legislature 

shall expressly provide for. 
Freedom of [ART.] 30tii. The freedom of deliberation, speech, and 
speech. 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. 
Meetings of [Art.] Sl^t. [The legislature shall assemble for the re- 

for^what^' dress of public grievances and for making such laws as 

the public good may require.]^ 
Rights of as- [Art.] 32d. The people have a right, in an orderly and 
8truction,°andP^^ceable manner, to assemble and consult upon the 
petition. 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. 

Excessive [Art.I 33^. No magistrate or court of law shall demand 

bail, fines, and •- . ^ ^ ., x- • • ^ 

punishments excessive bail or sureties, impose excessive fines, or m- 

f'^374*^xxv*541.^^^* cruel or unusual punishments. 

Martial law [Art.] 34ti». No person can in any case be subjected to 

limited. i^^^ martial or to any pains or penalties by virtue of that 

law, except those employed in the army or navy, and ex- 
cept the militia in actual service, but by authority of the 
legislature. 
The Judiciary; [ART.] 35*^. [It is essential to the preservation of the 
office!^ etc. rights of every individual, his life, liberty, property, and 
^™"iii^^89 character, that there be an impartial interpretation of the 
xlv, 52. ' laws and administration of justice. It is the right of ev- 

Ixii 78 w «j 

Ixlli, 576. ^^y citizen to be tried by judges as impartial as the lot 

Ixvl, 503, 524. Qf humanity will admit. It is, therefore, not only the 
best policy, but for the security of the rights of the peo- 
ple, 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 estab- 
lished by standing laws.]* 
Pensions. [ART.] 36^K Economy being a most essential virtue in 

all states, especially in a young one, no pension shall be 

^ Substituted for original Article 31, 1793. 
'i Substituted for original Article 35. 1793. 



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MANTJAI/ OF THE OOKSTirUTION. 19 

granted but in consideration of actual services; and such 

pensions ought to be granted with great caution by the 

legislature, and never for more than one year at a time. 

[Art.] 37tii. In the government of this state, the three The leglsla- 

essential powers thereof — to wit, the legislative, executive, [{j®' |nd''ju_ 

and judicial — ought to be kept as separate from, and in- dlclal depart- 
ments to De 
dependent of, each other as the nature of a free govern- kept separate. 

ment will admit or as is consistent with that chain of {jj ^H'^ 

connection that binds the whole fabric of the constitution }y\\\> ^Bl- 

Ixiil, 574. 
in one indissoluble bond of union and amity. 

[AB.T.] 38th. A frequent recurrence to the fundamental g^^jai virtues 

principles of the constitution and a constant adherence to }^£V^*!2;^^- 
'^ *^ Ivili, 624. 

justice, moderation, temperance, industry, frugality, and ixvli, 49. 

all the social virtues, are indispensably necessary to pre- 
serve 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 repre- 
sentatives; and they have a right to require of their 
lawgivers and magistrates an exact and constant observ- 
ance of them in the formation and execution of the laws 
necessary for the good administration of government. 

PART SECOND. 

FORM OF GOVERNMEOSrT. 

[Art. 1.] * The people inhabiting the territory formerly Name of body 
called The Province of New Hampshire do hereby sol- Po"^*^- 
emnly and mutually agree with each other to form them- 
selves into a free, sovereign, and independent body politic, 
or state, by the name of The State of New Hamipshibe. 

GBWtEjRjAXi COURT. 

[Art. 2.] The supreme legislative power within this Legislature, 
state shall be vested in the senate and house of represen- tuted!'^'^^ 
tatives, each of which shall have a negative on the other. 1^11*^549 

[Art. 3.] The senate and house shall assemble [bienni- ixi, 264. 

Ixiii 6'5 
ally],* on the first Wednesday of [January]' and at such ixvi,' 634.* 

other times as they may judge necessary, and shall dis- ^^^**' *^' ^^• 

solve and be dissolved seven days next preceding the said when to meet 

first Wednesday of [January]* [biennially],* and shall be *°^ dissolve. 

styled The GbnO^ekail Court op New Hampshire. 

^ First inserted in this and following articles in Revised Statutes, 
1842. 

* Su'bstituted for "every year," 1879. 
» Substituted for "June," 1889. 

* Substituted for "annually," 1879. 



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20 MANTTAL OF THE OONSTITITTION. 

Power of [Art. 4.] The general court shall forever have full 

generaJl court power and authority to erect and constitute judicatories 
courts. and courts of record or other courts, to be holden in the 

ixvli, 279. T^s^^Q of the state, for the hearing-, trying, and determin- 
ing all manner of crimes, offenses, pleds, processes, plaints, 
actions, causes, matters, and things whatsoever, arising or 
happening within this state, or between or concerning 
persons inhabiting or residing or brought within the 
same, whether the same be criminal or civil, or whether 
the crimes be capital or not capital, and whether the said 
pleas be real, personal, or mixed, and for the awarding 
and issuing execution thereon; to which courts and judi- 
catories are hereby given and granted full power and 
authority from time to time to administer oaths or aflSrm- 
ations for the better discovery of truth in any matter in 
controversy or depending before them. 
To make laws, [AwT. 5.] And, further, full power and authority are 
define ^elr"' hereby given and granted to the said general court, from 

powers and time to time to make, ordain, and establish all manner of 

duties, im- 

pose fines, wholesome and reasonable orders, laws, statutes, ordi- 

taxes^^*** nances, directions, and instructions, either with penalties 

}' ^fifi °^ without, so as the same be not repugnant or contrary 

xlii, 536. to this constitution, as they may judge for the benefit and 

xxviu,* 176. welfare of this state and for the governing and ordering 

XXX, 279. thereof and of the subjects of the same, for the neces- 

xxxvili, 427. •' . , 

xlil, 373. sary support and defense of the government thereof; and 

xlviil, 59. ^^ name and settle [biennially],^ or provide by fixed laws 

i^^^'s?' 219 224 ^^^ ^^® naming and settling, all civil officers within this 

347. ' ' state, such officers excepted the election and appointment 

Ixi 264* 631 

ixiv, 402; 560. ^^ whom are hereafter in this form of government other- 
1*^11^279 wise provided for; and to set forth the several duties, 
powers, and limits of the several civil and military officers 
of this state, and the forms of such oaths or affirmations 
as shall be respectively administered unto them for the 
execution of their several offices and places, so as the same 
be not repugnant or contrary to this constitution; and, 
also, to impose fines, mulcts, Imprisonments, and other 
punishments; and to impose and levy proportional and 
reasonable assessments, rates, and taxes upon all the 
inhabitants of, and residents within, the said state, and 
upon all estates vdthin the same, to be issued and dis- 
posed of by warrant, under the hand of the [governor]* of 

^ First inserted in Copy of Constitution in General Laws, 1878, appar- 
ently without authority. 
» Substituted for "president," 1793. 



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MANUAL. OF THE OONSTITUTION. 21 

this state for the time being, with the advice and consent 

of the council, for the public service, in the necessary 

defense and support of the government of this state and 

the protection and preservation of the subjects thereof, ^^"vrSL^^'*^* 

according to such acts as are or shall be in force within from author- 

the same: [provided, that the general court shall not aur to^ald^ertaln 

thorize any town to loan or give its money or credit, ^^^pojj^^io'^s. 

directly or indirectly, for the benefit of any corporation * * 

having for its object a dividend of profits, or in any way 

aid the same by taking its stock or bonds.]* 

[Art. 6.J [The public charges of government or any part Valuatioa and 
thereof may be raised by taxation upon polls, estates, and iv, 568. * 
other classes of property, including franchises and prop- J^^JJj ^^^ 
erty when passing by will or inheritance; and there shall ix, 347. 
be a valuation of the estates within the state taken anew 
once in every five years, at least, and as much oftener as 
the general court shall order.]* 

[Abt. 7.] [iNo member of the general court shc).ll take Members of 
fees, be of counsel, or aet as advocate in any cause before not ^to* take 
either branch of the legislature; and, upon due proof '®®« or act as 
thereof, sucH member shall forfeit his seat in the legis- 
lature.]* 

[Abt. 8.] [The doors of the galleries of each house o* ^i?*** l^h*''® ^ 
the legislature shall be kept open to all persons whq be- doors, 
have decently except when the welfare of the state, in the 
opinion of either branch, shall require secrecy.]' 

HOUSE OP KEPBESENTATIVEfi.* 

[Abt. 9.] [There shall be, in the legislature of this RepresenU- 
XX XX. ^ xJ 1 i!. . ,, 1 X J *^iv®8 elected 

state, a representation of the people, biennially elected, biennially. 

and founded upon principles of equality, and, in order that 
such representation may be as equal as circumstances will 
admit, every town, or place entitled to town privileges, 
and wards of cities having six hundred inhabitants by the 
last general census of the state, taken by authority of the 
United States or of this state, may elect one representa- 
tive; if eighteen hundred such inhabitants, may elect two 
representatives; and so proceeding in that Proportion, j^**^^°J^jJ*®P" 
miaking twelve hundred such inhabitants the mean Increas- 
ing number for any additional representative: provided, 
that no town shall be divided or the boundaries of the 

1 Inserted, 1879. 

^ Substituted for original Article 6, 1903. 

• Inserted, 1793. 

* Provisions under this head followed those under head "senate" 
prior to 1793. 



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22 



MANUAL OF THE CX>NSTITUTION. 



Number of 
representa- 
tives not to 
be increased 
by dividing 
towns. 



Small towns 
may elect a 
proportionate 
part of time. 



Biennial elec- 
tion of repre- 
sentatives in 
November. 



Qualification 
of electors. 



Representa- 
tives, how 
elected, and 
qualifications 
of. 
liii, 9. 



wards of any city so altered as to increase the number of 
representatives to which such town or city may be en- 
titled by the next preceding census; and provided further, 
that, to those towns and cities which since the last census 
have been divided or had their boundaries or ward lines 
changed, the geneiial court in session next before these 
amendments shall take effect shall equitably apportion 
representation in such manner that the number shall not 
be greater than it would have been had no such division or 
alteration been made.]* 

[AUT. lO.y 

[Art. 10 (11)*. J [Whenever any town, place, or city 
ward shall have less than six hundred such inhabitants," 
the general court [shall]* authorize such town, place, or 
ward to elect and send to the general court [a representa- 
tive]' such proportionate part of the time as the number 
of its inhabitants shall bear to six hundred; but the gen- 
eral court shall not authorize any [such]' town, place, or 
ward to elect and send such representative, except as here- 
in provided.]* 

[Art. 11 (12).] The members of the bouse of represen- 
tatives shall be chosen [biennially]" in the month of [No- 
vember] j^"* and shall be the second branch of the legisla- 
ture. 

[Art. 12 (13).] All persons qualified to vote on the 
election of senators shall be entitled to vote, within the* 
district *" where they dwell, in the choice of representa- 
tives. 

[Art. 13 (14), '\ Every member of the house of repre- 
sentatives shall be chosen by ballot, and, for two years, at 
least, next preceding his election, shall have been an inhab- 

^ Substituted for original Article 9, 1878. 

* Stricken out, 1889. Subject covered by next section. 
.■Indicates numbering of sections previous to 1889. 

* Substituted for original Article 11, 1878. 

^ "And be so situated that it cannot conveniently be classed with 
any other town, place, or ward," stricken out, 1889. 
« Substituted for "may," 1889. 
7 Inserted, 1889. 
» Substituted for "annually," 1878. 

* "Town" left out in engrossed copy of 1793, apparently without au- 
thority. 

10 "Parish or place" left out in engrossed copy of 1793, apparently 
without authority. 
i» Substituted for "March," 1878. 



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MANUAL OF THE OONSTIT'UTION. 23 

itant of this state; * shall be, at the time of his election, 

an inhabitant of the town, parish, or place he may be 

chosen to represent; '* and shall cease to represent such 

town, parish, or place immediately on his ceasing' to be 

qualified as aforesaid. 

[Art. 14 (15).] [The presiding officers of both houses of Compensation 

of lG8rlsla~ 
the legislature shall severally receive out of the state ture. 

treasury as compensation in full for their services, for the 
term elected, the sum of two hundred and fifty dollars, 
and all other members thereof seasonably attending and 
not departing without license, the sum of two hundred 
dollars, exclusive of mileage: provide, however, that when 
a special session shall be called by the governor, such offi- 
cers and members shall receive for attendance an addi- 
tional compensation of three dollars per day for a period 
not exceeding fifteen days, and the usual mileag-e.]* 

[Abt. 15 (16).] All intermediate vacancies in the house vacancies in 
of representatives may be filled up from time to time in \i^^^' ^^^ 
the same manner as [biennial]* elections are made. 

[Abt. 16 (17).] The house of representatives shall be House to Im- 
the grand inquest of the state, and all impeachments ^^J^^ggj^^^'^'*® 
made by them shall be heard and tried by the senate. 

[Abt. 17 (18).] All money bills shall originate in the Money bills to 
house of representatives, but the senate may propose or house.*^^ *° 
concur with amendments, as on other bills. 

[AicT. 18 (19).] The house of representatives shall have Power of ad- 
power to adjourn themselves, but no longer than two days ]2^[°g™®°* 
at a time. 

[Abt. 19 (20).] A majority of the members of the house Quorum, what 
of representatives shall be a quorum for doing business, ^°°®***^^*®^* 
but, when less than two thirds of the representatives 
elected shall be present, the a«*sent of two thirds of those 
members shall be necessary to render their acts and pro- 
ceedings valid. 

* "Shall have an estate within the town, parish or place which 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" 
stricken out, 1852. 

* "Shall be of the Protestant religion" stricken out, 1877. 

■ Section 1 of Amendment 26 of 1793 (which was substituted for orig- 
inal Article 6 under "House of Representatives") stricken out and 
above inserted, 1889. 

* Substituted for "annual," 1878. 



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24 



MANUAI, OP THE CONSTITUTION. 



Privileges of 
members of 
the legisla- 
ture. 



House to elect 
speaker and 
offlvers, settle 
rules of pro- 
ceedings, and 
punish mis- 
conduct. 
Ixiii. 625. 
Ixvl, 383. 
Izviii, 66. 



Senate and 
executive 
have like 
powers; im- 
prisonment 
limted. 

Journals and 
laws to be 
published; 
yeas and 
nays, and pro- 
tests. 

XXXV, 579. 
Hi, 622. 



[Abt. 20 (21).] N-o member of the house of representa- 
tives or senate shall be arrested or held to bail on mesne 
process during his going to, returning from, or attendance 
upon, the court. 

[Abt. 21 (22).] The house of representatives shall 
choose their own speaker, appoint th€ir own officers, and 
settle the rules of proceedings in their own house [and 
shall be judge of the returns, elections, and qualifications 
of its members, as pointed out in this constitution.]^ 
They shall have authority to punish by imprisonment 
every person who shall be guilty of disrespect to the . 
house, in its presence. By any disorderly and contemptu- 
ous behavior, or by threatening or illtreating any of its 
members, or by obstructing its deliberations; every per- 
son gruilty of a breach of its privileges in making arrests 
for debt, or by assaulting any member during his atten- 
dance at any session; in assaulting or disturbing any one 
of its officers in the execution of any order or procedure 
of the house; in assaulting any witness or other person 
ordered to attend by, and during his attendance of, the 
house, or in rescuing any person arrested by order of the 
house, knowing them to be such. 

[AnT. 22 (23)%] The senate [governor]* and council shall 
have the same powers in like cases, provided^ that no im- 
prisonment by either for any offense exceed ten days. 

[Art. 23 (24).] The journals of the proceedings and all 
public acts of both houses of the legislature shall be 
printed and published immediately after every adjourn- 
ment or prorogation, and, upon motion made by any one 
member, the yeas and nays upon any question shall be 
entered on the journal, and any member of the senate or 
house of representatives shall have a right, on motion 
made at the time for that purpose, to have his protest or 
dissent, with the reasons, against any vote, resolve, or 
bill passed, entered on the journal. 



SENATE.* 



Senate, how 
constituted ; 
t**nure of 
office. 



[Abt. 24 (25).] The senate shall consist of [twenty- 
four]* members, who shall hold their office for [two 

1 Inserted, 1793. 

* Substituted for "president," 1793. 

" Elntlre provisions relating to senate stricken out and these provi- 
sions substituted, 1793. 

* Substituted for "twelve," 1878. 



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MANUAL OF THE CONSTITUTION. 25 

ydars]^ from the first Wednesday of [January]* next ensu- 
ing their election. 

[Abt. 25 (26).] And, that the state may be equally rep- g^j^^tj^^al 
resented in the senate, the legislature shall, from time to districts, how 
time, divide the state into [twenty-four]" districts, as 
nearly equal as may be without dividing towns and unin- 
corporated places; and, in making this division, they shall 
govern themselves by the proportion of direct taxes paid 
by the said districts, and timely make known to the in- 
habitants of the state the limits of each district. 

[Abt. 26 (27).] The freeholders and other inhabitants Election of 
of each district, qualified as in this constitution is pro- xiiv, 635. 
vided, shall [biennially],* give in their votes for a senator *^^' ^^'^• 
at some meeting holden in the month of [November].* 

[Abt. 27 (28).] The senate shall be the first branch of Senators, haw 
the legislature, and. the senators shall be chosen in the chosen; right 
following manner, viz.: every male inhabitant of ^ach ^J. ^'^Sg**^^ 
town, and parish with town privileges, and places unincor- xlvil, 278, 279. 
porated, in this state, of twenty-one years of age and up- 
ward, excepting paupers and persons excused from pay- 
ing taxes at their own request, shall have a right, at the 
[biennial]* or other meetings of the inhabitants of said 
towns and parishes, to be duly warned and holden [bienni- 
ally],* forever, in the month of [November] ,° to vote, in the 
town or parish wherein he dwells, for the senator in the 
district whereof he is a member. 

[Abt. 28 (29).] Provided^ nevertheless^ that no person Qualifications 
shall be capable of being elected a senator* who is not im 9 
of the age of thirty years, and who shall not have been 
an inhabitant of this state for seven years immediately 
preceding his election; and, at the time thereof, he shall 
be an inhabitant of the district for which he shall be 
chosen. 

[Abt. 29 (30).]- And every person qualified as the con- inhabitant 
stitution provides shall be considered an inhabitant, for ^fS'^^Sk- 635. 
the purpose of electing and being elected into any office 3clv, 595; m. 

xlvii, 278, 279. 

Ix. 385. 
1 Substituted for "one year," 1878. Ixll, 71. 

^ Substituted for "June," 1889. 
» Substituted for "twelve," 1878. 

* Substituted for "annually," 1878. 
» Substituted for "March," 1878. 

• Substituted for "annual," 1878. 

•» "Who is not of the Protestant religion" stricken out, 1877. "And 
seized of a freehold estate in his own right of the value of two hun- 
dred pounds, lying within the state," stricken out, 1852. 



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26 MANUAL OF THE CONSTITUTIONv 

or place within this state, in the town, parish, and planta- 
tion where he dwelleth and hath his home. 
Inhabllants of [Abt. 30 (31).] And the inhabitants of plantations and 
rate^^^^ttces; P^^^^^s unincorporated, qualified as this constitution prD- 

*^?*^ il^*^* vides, who are or shall be required to assess taxes upon 

xliv, 635. 

xlv, 595, 603. themselves towards the support of government, or shall 

be taxed therefor, shall have the same privilege of voting 
for senators, in the plantations and places wherein they 
reside, as the inhabitants of the respective towns and par- 
ishes aforesaid have. And the meetings of such planta- 
tions and places, for that purpose, shall be holden [bienni- 
ally]^ in the month of [November],^ at such places re- 
spectively therein as the assessors thereof shall direct; 
which assessors shall have like authority for notifying the 
electors, collecting and returning the votes, as the se- 
lectmen and town clerks have in their several towns by 
this constitution. 
Biennial [ART. 31 (32).] The meetings for the choice of gover- 

how vSrned, ^or, council, and senators shall be warned by warrant 
governed, and frQjjj ^j^g selectmen, and governed by a moderator, who 
return of' shall, in the presence of the selectmen (whose duty it 
xliv,^'398,*' 407. shall be to attend), in open meeting, receive the votes of 
^1^' 597 ^^^ *^® inhabitants of such towns and parishes present and 

liii,' 473," 640. qualified to vote for senators; and shall, in said meetings, 
ixil,' 70. * ill presence of the said selectmen and of the town clerk 
ixvi, 383. in said meetings, sort and count the said votes, and make 

a public declaration thereof, with the name of every per- 
son 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 directed 
to the secretary of the state, with a superscription ex- 
pressing the purport thereof; and the said town clerk 
shall cause such attested copy to be delivered to the 
sheriff of the county in which such town or parish shall 
lie thirty days, at least, before the first Wednesday of 
[January],* or to the secretary of the state at least twen- 
ty days before the said first Wednesday of [January];* 
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 
[January]." 

1 Suhstltuted for "annually." 1878. 
a Substituted for "March," 1878. 
8 Subtltuted for "June," 1889. 



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MANUAL OF THE CONSTITUTION. 27 

[Art. 32 (33).] And, that there may be a due meeting of Governor and 

senators on the first Wednesday of [January]/ [bienni- ^^JJJ^^^^g 

ally],* the governor and a majority of the council for the 'or senators 
....,,, , . ., . , and notify the 

time being shall, as soon as may be, examine the returned persons 

copies of such records, and fourteen days before the first f/ii^^f-fg. 540. 
Wednesday of [January],^ he sb^U issue his summons to ivl] 574.' 
such persons as appear to be chosen senators by a ma- 
jority of votes to attend and take their seats on that day: 
provided, nevertheless, that, for the first year, the said re- 
turned copies shall be examined by the president and a 
majority of the council then in office; and the said presi- 
dent shall, in like manner, notify the persons elected to 
attend and take their seats accordingly. 

[Abt. 33 (34).] And, in case there shall not appear to be vacancies in 
a senator elected by a majority of votes for any district, fliwf®' ^^^ 
the deficiency shall be supplied in the following manner, 
viz.: the members of the house of representatives 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 up in every 
district of the state; [all vacancies in the senate arising 
. by death, removal out of the state, or otherwise, except 
from failure to elect, shall be filled by a new election by 
the people of the district, upon the requisition of the 
governor, as soon as may be after such vacancies shall 
happen.]"* 

[Abt. 34 (35).] The senate shall be final judges of the Senate judges 
elections, returns, and qualifications of their own mem- eiectlon^s. ^^^ 
bers, as pointed out in this constitution. ixviii^^^56 ^^^' 

[Art. 35 (36).] The seniate shall have power to adjourn ^^jjoum,* 
themselves, provided such adjournment do not exceed two°^®°*^s i*°^i^ 

days at a time: provided, neaerthcless, that, whenever they peachment 

cases 
shall sit on the trial of any impeachment, they may ad- 
journ to such time and place as they may think proper, 
although the legislature be not assembled on such day or 
at such place. 

[Abt. 36 (37).] The senate shall appoint their president Senate' to 
and other oflacers, and determine their own rules of pro- f^ officers; 
ceedings. And not less than [thirteen]* members of the quorum. 

1 Substituted for "June," 1889. 

=« Substituted for "annually," 1878. 

" Substituted for "And, in like manner, all vacancies in the senate, 
arising by death, removal out of the state, or otherwise, shall be sup- 
plied as soon as may be after such vacancies happen,'^ 1889. 

« Substituted for "seven," 1879. 



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28 MANUAL OF THE OaNSTITUTION. 

sena/te shall make a quorum for doing business; and, when 
less than [sixteen]^ senators shall be present, the assent 
of [ten],* at least, shall be necessary to rendter their acts 
and proceeding's valid. 
Senate to try [ART. 37 (38).] The senate shall be a court, with full 
ment8?^mode POwer and authority to hear, try, and determine all im- 
of proceeding, peachments made by the house of representatives against 
any officer or officers of the state, for bribery, corruption, 
malpractice, or maladministration in office, with full power 
to issue sum^mons or compulsory process for convening 
witnesses before them; but, previous to the trial of any 
such impeachment, the members of the senate shall re- 
spectively 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 maladministration 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 ap- 
point, 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 there- 
on, his non-appearance notwithstanding; and such judg- 
ment shall have the same force and effect as if the per- 
son impeached had appeared and pleaded in the trial. 
Judgment on [AnT. 38 (39).] Their judgment, however, shall not ex- 
linSted.^™*°*^ *®^^ further 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. 
Chief Justice [Ajrt. 39 (40).] Whenever the governor shall be im- 
toi^^menT peached, the chief justice of the supreme judicial court 



ixvi, 634. 



Txvf*^!!™'* shall, during the trial, preside in the senate, but have no 
vote therein. 

1 Substituted for "eight," 1879. 
'i Substituted for "five," 1879. 



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MANUAL OF THB OONSTITUTION. 29 

EXECUTIVE POWER. 

[Abt. 40 (41).] There shall be a supreme executive mag- Title of gov- 
istrate, who shall be styled the Governor of the State of ixvi, 'e34. 
New Hampshire, and whose title shall be His E<Dcellency, 

[Abt. 41 (42).] The g-overnor shall be chosen [biennial- Election of 
ly],* in the month of [November],' and the votes for &oV" fuJ^^of 'botes' 
ernor shall be received, sorted, counted, certified, and electors; if no 
returned in the same manner as the votes for senators; isiature to 
and the secretary shall lay the same before the senate and t^o*jjigh*8i°' 
house of representatives on the first Wednesday of [Janu- candidates, 
ary],* to be by them examined; and, in case of an election ixv'i, 383. 
by a majority of votes through the state, the choice shall 
be by them declared and published; and the qualifications 
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 joint bal- 
. lot, elect one of the two persons having the highest num- 
ber of votes, who shall be declared governor. And no per- 
son shall be eligible to this office unless, at the time of 
his election, he shall have been an inhabitant of this state Qualifications 
for seven years next preceding, and unless he shall be of ^^ Kovernor. 
the age of thirty years.* 

[Art. 42 (43).] In cases of disagreement between the jn cases of 
two houses with regard to the time or place of adjourn- foy^J^r™^' 
ment or prorogation, the governor, with advice of council, adjourn or 
shall have a right to adjourn or prorogue the general leyislature. 
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 Wednes- 
day of [January].* And, in dase of any infectious distem- ^'jg^^^j^^^**'^* 
per prevailing in the place where the said court at any other cause 
time is to convene, or any other cause whereby dangers convene them 
may arise to the health or lives of the members f rom ®^®^^^^''®* 
their attendance, the governor may direct the session to 
be holden at some other, the most convenient, place with- 
in the state. 

^ Entire provisions relating to president stricken out and these pro- 
visions substituted, 1793. 

* Substituted for "annually," 1878. 
•Substituted for "March," 1878. 

* Substituted for "June," 1889. 

^ "And unless he shall at the same time have an estate of the value 
of five hundred pounds, one half of which shall consist of a freehold 
of his own right within this state" stricken out, 1852. "And unless 
he shall be of the Protestant religion" stricken out. 1877. 



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30 MANUAL OF THE* CONSTITUTION. 

Veto of gov- LAjjt- "^^ (44).] Every bill which shall have passed both 
orovUioiJ'^as' *^®"®^s ^^ *^® general court shall, before it become a law, 
to. be presented to the governor; it he approve, he shall sign 

^^* * it, but if not he shall return it, with his objections, 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 
(Sundays excepted) after it shall have been presented to 
him, the same shall be a law in like manner as if he had 
signed it, unless the legislature, by their adjournment, 
prevent its return, in which case it shall not be a law. 
Resolves to [ART. 44 (45).] Every resolve shall be presented to the 
Sk ^buf ^ governor, and, before the same shall take effect, shall be 
approved by him, or, being disapproved by him, shall be 
repassed by the senate and house of representatives, ac- 
cording to the rules and limitations prescribed in the case 
of a bill. 
Governor and [Akt. 45 (46).] All judicial officers, the attomey-gen- 
nominate** and ®''^^»* coroners,* and all officers of the navy and general 
appoint offl- and field officers of the militia shall be nominated and 
tion' three appointed by the governor and council, and every such 
appointaient. nomination shall be made at least three days prior to 
ivii, 146. such appointment; and no appointment shall take place 

unless a majority of the council agree thereto. 
Governor and [Art. 46 (47).] The governor and council shall have a 
negative on negative on each other, both in the nominations and ap- 
each other. pointments. Every nomination and appointment shall be 
signed by the governor and council, and every negative 
shall be also signed by the governor or council who made 
the same. 
Field officers [Art. 47 (48).]. The captains and subalterns in the re- 
mend, and spective regiments shall be nominated and recommended 
appoSt*'^ com- ^y *^® ^®^^ officers to the governor, who is to issue their 
pany officers. j "Solicitors, all sheriffs" stricken out, 1879. 

« "Registers of probate" stricken out, 1879. 



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MANUAL OF THE CONSTITUTION. 31 

commissions immediately on receipt of such recommenda- 
tion; [providectj that no person shall be so nominated and 
recommended until he shall have been examined and found 
duly qualified by an examining board appointed by the 
governor.]^ 

[Abt. 48 (49).] Whenever the chair of the governor President of 
shall become vacant,. by reason of his death, absence from 2ot \b govern- 
the state, or otherwise, the president of the senate shall, ^][^®^ **"®® 
during such vacancy, have and exercise all the powers and ixvi, 3^. 
authorities which, by this constitution, the governor is 
vested with when personally present; but, when the presi- 
dent of the senate shall exercise the office of governor, he 
shall not hold his office in the senate. [Whenever the 
chair both of the governor and of the president of the speaker of 

senate shall become vacant, by reason of their death, ab- house to act 

when office of 
sence from the state, or otherwise, the speaker of the x>reflident of 

house shall, during such vacancies, have and exercise all vacan*.*^*'^ 

the powers and authorities which, by this constitution, the 

governor is vested with when personally present; but 

when the speaker of the house shall exercise the office 

of governor, he shall not hold his office in the house.]* 

[Art. 49 (50).] The governor, with advice of council. Governor to 
shall have full power and authority, in the recess of the JS^oufn ^legla- 
general court, to prorogue the same from time to time, J.*^?'*®* ^^^ 
not exceeding ninety days in any one recess of said court; seesions. 
and, during the sessions of said court, to adjourn or pro- 
rogue it to any time the two houses may desire; and to 
call it together sooner than fhe time to which It ma,y be 
adjourned or prorogued, if the welfare of the state should 
require the same. 

[Abt. 50 (51).] The governor of this state, for the timePowen and 
being, shall be commander-in-chief of the army and navy , ^rao? fus com- 

and all the military forces of the state by sea and land; and ™*^^®r-l^- 

coief; limita- 
shall have full power, by himself or by any chief commander tion. 

or other officer or officers, from time to time to train, in- 
struct, 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 inhab- 
itants thereof, and to lead and conduct them, and with 
them to encounter, repulse, repel, resist, and pursue by 
force of arms, as well by sea as by land, within and with- 
out th« 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 

1 Inserted, 1903. 

2 Inserted, 1889. 



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32 MAIfUAL OF THE OONSTITUTION. 

at any time hereafter, in a hostile manner, attempt or 
enterprise the destruction, invasion, detriment, or annoy- 
ance of this state; and to use and exercise over the army 
and navy and over the militia in actual service the law 
martial, in time of war, invasion, and also in rebellion 
declared by the legislature to exist, as occasion shall neces- 
sarily require; and surprise, by all ways and means what- 
soever, all and every such person or persons, with their 
ships, arms, ammunition, and other goods, as shall, in a 
hostile manner, invade or attempt the invading, conquer- 
ing, 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 ad- 
miral, to be exercised agreeably to the rules and regula- 
tions of the constitution and the laws of the land: pro- 
vided, that the governor shall not at any time hereafter, 
by virtue of any power by this constitution granted, or 
hereafter, to be granted to him by the legislature, trans- 
port any of the inhabitants of this state or oblige them to 
march out of the limits of the same without their free and 
voluntary consent or the consent of the general court, nor 
grant commissions for exercising the law martial in any 
case without the advice and consent of the council. 
Pardoning [ART. 51 (52).] The power of pardoning offenses, except 

power. 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, not- 
withstanding any general or particular expressions con- 
tained therein, descriptive of the offense or offenses in- 
tended to be pardoned. 
MUltla offl- [Abt. 52 (53).] No officer, duly commissioned to com- 

cers. removal mand in the militia, shall be removed from his office but 
by the address of both houses to the governor or by fair 
trial in courtmartial pursuant to the laws of the state for 
the time being. 
Staff and non- [Abt. 53 (54).] The commanding officers of the regi- 
si^ed offl- naents shall appoint their adjutants and quartermasters; 
cers. toy whom the brigadiers, their brigade-majors; the major-generals, 
their aids; the captains and subalterns, their non-commis- 
sioned officers. 



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MANUAL OF THE OONSTITUTION. 33 

[Abt. 54 (55).] The division of the militia into brigades, DiyiBlon of 

regnLments, and companies, made in pursuance of the JJJJ^^^^^^J^. 

militia laws now in force, shall be considered as theimenta, and 

companies, 
proper division of the militia of this state, until the same 

shall be altered by some future law. 

[Abt. 55 (56).] No moneys shall be issued out of theiMoneTB 
treasury of this state and disposed of (except such sums ^^'JJup^'" ^^ly 
as may be appropriated for the redemption of bills of ^y warrant of 
credit or treasurer's notes, or for the payment of interest pursuant' to 
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 de- 
fense of this state and for the necessary protection and 
preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the general court. 

[AnT. 56 (57).] All public boards, the commissary-gen- Accounts of 
eral, all superintending officers of public magazines and stores, etc., to 
stores belonging to this state, and all commanding officers JSarSly!^^^ 
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 accoutrements, and of 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 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 adjacent. 

[Abt. 57 (58).] The governor and council shall be com- Compensa- 
pensated for their services, from time to time, by such ernor^ and^' 
grants as the general court shall think reasonable. council. 

[Abt. 58 (59).] Permanent and honorable salaries shall Salaries of 
be established by law for the justices of the superior " ^^^' 
court. 

OOnCTNOEL.* 

[Art. 59 (60).] There shall be [biennially]' elected by councilors; 
ballot five councilors, for advising the governor in the ex- ^°^® ^^^ ®^®^" 
ecutive part of government. The freeholders and other nil, 9. 

^ Entire provision as to Council stricken out and these provisions 
substituted. 1793. 
» Substituted for "annually," 1878. 



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34 



MANUAL OF THE OONSTITUTION. 



Vacancies, 
how filled, 
etc., if no 
choice, 
liii, 9. 



Occurrtng 
afterward; 
new election. 



OoYernor to 

convene; 

dutiefl. 



Impeachment 
of councilors. 



Secretary to 
record pro- 
ceedings of 
council. 



Councilor dis 
tricts pro- 
Tided for. 



inhabitants in each county, qualified to vote for senators, 
shall, sometime in the month of [November],^ give in their 
votes for one councilor, which vot«s shall be received, 
sorted, counted, certified, and returned to the secretary's 
ofiice, 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].-' 

[Afi,T. 60 (61).] And the person h-aving 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 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 coun- 
cilor wanted for such county; and the qualifications for 
councilors shall be the same as for senator. 

[Art. 61 (6©).] 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 
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 va- 
cancy 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 ma- 
jority 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 (63).] The members of the council may be im- 
peached by the house and tried by the senate for bribery, 
corruption, malpractice, or maladministration. 

[Art. 63 (64).] The resolutions and advice of the coun- 
cil 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 resolutions of the ma- 
jority, with the reasons for such opinion. 

[Art. 64 (65).] The legislature may, if the public good 
shall hereafter require it, divide the state into five dis- 
tricts, as nearly equal as may be, governing themselves 

1 Substituted for "March," 1878. 
* Substituted for "June," 1889. 



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Google 



MAXTJAL OF THE CONSTITUTION. 35 

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 conforma- 
ble to the present mode of election in counties. 

[Abt. 65 (66).] And, whereas the elections appointed toBlectioM by 
be made by this constitution on the first Wednesday of ^y be^'ad- 
[January]* [biennially],' by the two houses of the legisla- Ig*™^ ^^"^™ 
ture, may not be completed on that day, the said elections order thereof, 
may be adjourned from day to day until the same be com- 
pleted. And the order of the elections shall be as follows: 
The vacancies in the senate, if any, shall be first filled up; 
the governor shall then be elected, provided there shall 
be no choice of him by the people; and, afterwards, the 
two houses shall proceed to fill up the vacancy, if any, in 
the council. 

SECBSTABY, TREASUlbEB, CaBIMISaAJtY-GBNlflBAL, ETC. 

[Abt. 66 (67).] The secretary, treasurer, and commis- Election of 
sary-general shall be chosen by joint ballot of the senators treasurer,' and 
and representatives, assembled in one room. generaS!*^" 

[Abt. 67 (68).] The records of the state shall be keptgi^te records, 

in the office of the secretary, » and he shall attend the y^«^'«J'^PtJ 

•'* duty of secre- 

[governor]* and council, the senate and representatives, tary. 

in person or by deputy, as they may require. mxv, 

[Abt. 68 (69).] [The secretary of the state shall at all Deputy secre- 
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 dep- 
uty shall exercise all the duties of the office of secretary 
of this state until another shall be appointed.]* 

[Abt. 69 (70).] [The secretary, before he enters upon Secretary to 
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.]' 

C?OfU|NtrY TBEASUBtEKS, ETC. 

[Abt. 70 (71).] [The county treasurers [registers of County treas- 
probate, solicitors, sheriffs],' and registers of deeds shall ters of'^pro- 

1 Substituted for "June," 1889. 
» Substituted for "annually," 1879. 

' "Who may appoint his deputies, for whose conduct he shall be an- 
swerable," stricken out, 1793. 

* Substituted for "president," 1793. 

* Inserted, 1793. 

* Inserted, 1877. 



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36 MANUAL OF THE CONSTITUTION. 

bate, solicit- l^e elected by the inhabitants of the sereral towns in the 
anS reslsters ^^^^''^^ counties in the state, according* to the method now 
of deeds. practiced and the laws of the state: provi^^, 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.]* 
Counties may [ART. 71 (72).] [And the legislature, on the application 
Into districts ^^ ^^^ major part of the inhabitants of any county, shall 
iM 'dfedB*^' ^*^® 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 respec- 
tively sworn faithfully to discharge the duties thereof, 
and shall severally give bond, with sufficient sureties, in a 
reasonable sum, for the use of the county, for the punc- 
tual performance of their respective trusts.]* 

JITDHOIABY FOWEXL 

Tenure of of- [Akt. 72 (73).] The tenure that all commissioned offi- 
pressed In eel's shall have by law in their offices shall be expressed 
juSes \o**hoid ^^ their respective commissions. All judicial officers, duly 
office during appointed, commissioned, and sworn, shall hold their 
lor, etc. offices during good behavior, excepting those concerning 

whom there is a different provision made in this constitu- 
tion: provided, nevertheless, the [governor],* with consent of 
council, may remove them upon the address of both houses 
of the legislature. 

iire^ inlons f'^'^* '^^ ^^*^'^ -^^^ branch of the legislature, as well 
when. ' as the [governor]' and council, shall have authority to re- 

xlv/ 607.' quire the opinions of the justices of the superior court 

lxll'^704 ^^' ^^* ^P^^ important questions of law and upon solemn occa- 
ixill, 574. sions. 

peace *com- [AJiT. 74 (75).] In order that the people may not suffer 

missioned for from the long continuance in place of any justice of the 

III, 408. peace who shall fail in discharging the important duties 

Ixlli ^37* ^^ ^^® 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, 

^ Substituted for original section, 1793. 

"Inserted, 1793. 

» Substituted for "president," 1793. 



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MANUAL OF THE CONSTITUTION. 37 

be renewed, or another person appointed, as shall most 
conduce to the well being* of the state.^ 

[Akt. 75 O'B).] All causes of marriag'e, divorce, and Divorces and 
alimony, and all appeals from the respective judges ofpeJis* where 
probate, shall be heard and tried by the superior court, tried. 
U9til the legislature shall by law make other provision. 

[Art. 76 (77).] [The general court are empowered ^^lY^^^^tic^ ij^ 
give to justices of the peace jurisdiction in civil causes, civil causes, 
when the damages demanded shall not exceed [one hun- * 
dred dollars]' and title of real estate is not concerned, but 
with right of appeal to either party to some other 
court.]'* 

[Abt. 77 (78).] [No person shall hold the office of ^^^^Iffs. *when 
judge of any court, or judge of probate, or sheriff of any JisQuallfled 
county, after J^e has attained the age of seventy years.] ^ ixiii, 37. 

[Ajit. 78 (79).] [No judge of any court or justice of the Judges and 
peace shall act as attorney, or be of counsel to any party, act as counsel. 
or originate any civil suit, in matters which shall come or 
be brought before him as judge or justice of the peace.]* 

[Art. 79 (80).] [All matters relating to the probate o* J^ J^feJjJ®** 
wills and granting letters of administration shall be ex- probate 
ercised by the judges of probate in such manner as the xxxlx^* lio. 
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 (81).] [No judge or register of probate shall j[^^j|«|j.g*°^j 

be of counsel, act as advocate, or receive any fees as advo- probate not to 

act as counsel 
cate or counsel, in any probate business which is pending xiv, 54. 

or may be brought into any court of probate in the county wjii^^io 

of which he is judge or register.]' 

OLERK OF courts. 

[Art. 81 (82).] [The judges of the courts (those of pro- Clerks of 
bate excepted) shall appoint their respective clerks, to whom 'ap- 
hold their office during pleasure; and no such clerk shall i^^'^Jgl^* 
act as an attorney or be of counsel in any cause in the 

^ Original section following this section, relating to probate courts, 
stricken out, 1793. 

* Substituted for "four pounds," 1877. 
•Inserted, 1793. 

* "So that a trial by jury, in the last resort, may be had," stricken 
out, 1877. 



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38 MANUAL OF THE CONSTITUTION. 

court of which he is clerk, nor shall he draw any writ 
originating a civil action.]^ * 

FNOOTiaAGtHlMtE>NT OF (Ln^ERlA'^rUIlE, TBADiE, ETC. 

Encourage- [Abt. 82 (83).] Knowledge and learning generally dif- 

ment of liter- fused throug-h a community beinff essential to the preser- 
ature. etc. ^^ j, . \. ^ j. xi_ x 

11, 378. vation of a free government, and spreading the opportu- 

ivlil 624. nities 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 magis- 
trates, in all future periods of this government, to cherish 
the interest of literature and the sciences, and all semi- 
naries and public schools; to encourage private and public 
institutions, rewards, and immunities. for the promotion of 
agriculture, arts, sciences, commerce, trades, manufac- 
tures, and natural history of the country; to counte- 
nance and inculcate the principles of humanity and gen- 
eral 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 tax- 
ation shall ever be granted or applied for the use of the 
schools or institutions of any religious sect or denomina- 
tion] .* [Free and fair competition in the trades and indus- 
tries is an inherent and essential right of the people and 
should be protected against all monopolies and conspira- 
cies which tend to hinder or destroy it. The size and 
functions of all corporations should be so limited and reg- 
ulated as to prohibit fictitious capitalization, and provi- 
sion should be made for the supervision 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, foreig^n 
and domestic, and the officers thereof, who endeavor to 
raise the price of any article of commerce or to destroy 
free and fair competition 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 

1 Substituted for original section, 1793. 

2 Original section relating to "Delegates to Congress" stricken out 
1793. 

'Inserted, 1877. 



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MANUAL OF THE CONSTITUTION. 89 

doing business within the state; to prevent fictitious capi- 
talization; and to authorize civil and criminal proceedings 
in respect to all the wrongs herein declared against.]* 

OATH AiNI> SUBSORIPTIONB. — ^EKCILUBION FBOM OFFIOB8. — C50W- 
JfilSeiONfl. — WRITS. — OOiNFIlHMjATION OF liAWS. — HABEAS OOiR- 
PUS. — THE ENAOTIWG BTYIE. — (XXNtTINUANCE OF OFFIPEBS. — 

' PI^OViSION: FOB A FtrrUKE BEVISION OF THE OONSTITUTIOiN. — 
ETC. 

[Art. 83 (84).] Any person chosen [governor],* coun-C^th of clvi: 
cilor, senator, or representative, military or civil officer xxy, 458. 
(town officers excepted), accepting the trust, shall, before ixyii 49. 
he proceeds to execute the duties of his office, make and 
subscribe the following declaration, viz.: — 

[I, A B, do solemnly swear that I will bear faith and 
true allegiance to the state of New Hampshire and will 
support the constitution thereof. So help me God.y 

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 regula- 
tions of this constitution and the laws of the state of New 
Hampshire. 8o help me God. 

[Any person^ having taken and subscribed the oath of 
allegiance, [and the same being filed in the secretary's of- 
fice],* he shall not be obliged to take said bath again.]" 

Provided, tUways, when any person chosen or appointed 
as aforesaid shall be of the denomination called Quakers, 
or shall be scrupulous of swearing and shall decline tak- 
ing the said oaths, such [person]' shall take and subscribe 
them, omitting the word **9wear" and likewise the words 
"fifo help me Qod,** subjoining, instead thereof, "This I do 
under the pains and penalties of perjury.'' 

[Art. 84 (85).] [And the oaths or affirmations shall be Before whom 
taken and subscribed by the governor, before the presi- 
dent of the senate, in presence of both houses of the leg- 
islature; and by the senators and representatives first 

^ Inserted, 1903. 

* Substituted for "president," 1793. 

* Substituted for original oath, 1793. 

* Inserted in engrossed copy of Constitution as amended 1793, appar- 
ently without authority. 

B Inserted, 1793. 



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40 



MANUAL OF THE CONSTITUTION. 



Form of com- 
missions. 



Form of writs. 
1, 139. 
XV, 37. 
xix. 394. 
xxxil. 87. 
Ivll, 188. 
Ixvi, 369. 



Form of in- 
dictments. 
Ix, 468. 
X, 347. 

Suicides and 
deodands. 



Bxisting laws 
to continue 
in force, if not 
repugnant to 
constitution, 
i, 58, 173. 
ii, 44. 
iv, 404. 
viii, 550. 
xiii, 542. 
xiv, 284. 
xxiv. 223. 
xxvii, 512. 
xliii, 502. 
liv, 286. 548. 
Ixvi, 300. 



Habeas cor- 
pus. 



elected under this constitution, as altered and amended, 
before the president of the state and a majority of the 
council then in office, and forever afterwards before the 
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 (8~6).] All commissions shall be in the name of 
the state of New Hampshire, signed by the [governor],* 
and attested by the scretary or his deputy, and shall have 
the great seal of the state affixed thereto. 

[Art. 86 (87).] All writs issuing out of the clerk's of- 
fice, 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 jus- 
tice 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. 

[Art. 87 (88).] All indictments, presentments, and infor- 
mations shall conclude, ''against the peace and dignity of the 
state,^* 

[Art. 88 (^).] The estates of such ^persons as may de- 
stroy their own lives shall not for that offense be for- 
feited, but descend or ascend in the same manner as if 
such persons had died in a natural way. Nor shall any ar- 
ticle which shall accidentally occasion the death of any 
person be heneeforth deemed a deodand, or in any wise 
forfeited on account of such misfortune. 

[Art. 89 (90).] 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 liber- 
ties 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 (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 

1 Substituted for original section. 1793. 
» Substituted for "president," 1793. 



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MANUAL OF THE CONSTITTJTIOX. 41 

be suspended by the legislature except upon the most 
urgent and pressing occasions, and for a time not exceed- 
ing three months. 

[Art. 91 (92).] The enacting style, in making and pass- Enacting 
ing acts, statutes, and laws, shall be, Be it enaetfid by the u|.gg® ° ^ * ' 
Senate and House of Kepresentatives in (r^neral Court con- *^*i*' ^75. 
V'efied, 

[Art. 92 (93).] No [governor]^ or judge of the [supreme Governor and 

judicial]'^ court shall hold any office or place under the ^^^ited ^from 

authority of this state, except such as by this constitution holding other 

offices, 
they are admitted to hold, saving that the judges of the 

said court may hold the offices of justice of the peace 
throughout the state; nor shall they hold any place or 
office or receive any pension or salary from any other 
state, government, or power whatever. 
. [Art. 93 (94).] No person shall be capable of exercising Incompatlbil- 
at the same time more than one of the following offices only^two offl^' 
within this state, viz.: judge of probate, sheriff, register ^®s of profit 
of deeds; and never more than two offices of profit, which at same time, 
may be h61d by appointment of the [governor]^ or [gov- 
ernor]^ 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 (95).] ' [No person holding the office of judge of incompatibll- 
any court (except special judges), secretary, treasurer of Ity of certain 
the state, attorney-general, commissary-general, military 
officers receiving pay from the continent or this state (ex- 
cepting officers of the militia occasionally called forth on 
an emergency), register 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 the respective of- 
ficers 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 ap- 
pointed 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 coimcil shall have a seat 
in the senate or house of representatives.]' 

* Substituted for "president," 1793. 

' Substituted for "superior" in engrossed copy of Constitution as 
amended 1793, apparently without authority. 

* Substituted for original section, 1793. 



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42 MANUAL OF THE OQNSTITUTION. 

Biiberj and [Akt. 95 (96).] No person shall ever be admitted to hold 
dSJuaU^ for* ^^^^ ^^ **^® legislature, or any ofSce of trust or impor- 
offlce. tance under this government, who, in the due course of 

law, has been convicted of bribery or corruption in ob- 
taining an election or appointment. 
Value of [Abt. 96 (97).] In all cases where sums of money are 

computed.^^ mentioned in this constitution, the value thereof shall be 
comiputed in silver at six shillings and eight pence per 
ounce. 
Constitution, [ART. 97 (98).] [To the end that there may be no fail- 
effect. *° ^^^ ^^® °^ 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 alteratioils and amendments shall take 
effect, and make the necessary arrangements accord- 
ingly.]^ * 
RevlBion of [Abt. 98 (99).] It shall be the duty of the selectmen 

provided*°for *^^ assessors of the several towns and places in this state, 
in warning the first annual meetings for the choice of sen- 
ators, after the expiration of seven years from the adop- 
tion 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 vot- 
ers present as to the necessity of a revision; and a return 
of the number of votes for and against such necessity 
shall be made by the clerk, 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 the majority of the qualified voters in 
the state present and voting at said meetings, there is a 
necessity for a revision of the constitution, it shall be 
the duty of the general court to call a convention for that 
purpose; otherwise, the general court shall direct the 
sense of the people to be taken, and then proceed in the 
manner before mentioned; the delegates to be chosen 
in the same manner and proportioned as the representa- 
tives to the general court; provided, that no alterations 
shall be made in this constitution before the same shall 

1 See act of December 14, 1792. 

> Substituted for original section, 1793. 



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MAiniAL OP THE OONBTITUTION. 43 

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 (100).] [And the same method of taking the Question an 
sense of the people as to a revision of the constitution and tak«i**every 
calling a convention for that purpose shall be observed se^®** yeare. 
afterward, at the expiration of every seven years.]^ 

[Abt. 100 (101.)] This form of government shall be g^j^Qjimgnt 
enrolled on parchment and deposited in the secretary's ot constitu- 
ofSce, 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. 

> Substituted for last section of original Constitution, 1793. 



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44 MANUAL OF THE CONSTITUTION. 

[Note.— May 28, 1774,. the house of representatives of the province of New 
Hampshire appointed a committee of seven members "to correspond . . . 
with the committees ... in our sister colonies, and to exhibit to this 
house an account of such their proceedings when required." This commit- 
tee called a convention of delegates from the several towns at Exeter on 
July 21, 1774. Four other similar conventions followed, the last one con- 
vening on December 21, 1775. On Japuary 5, 1776, the convention resolved 
itself into a house of representative's and adopted a constitution, the first 
organic law adopted by any of the states now constituting the American 
Union. This constitution remained in force and the state was governed under 
it up to June 2, 1784. 

April 6, 1781, the general court under the above constitution instructed the 
president of the council to call a convention of delegates from the several 
towns to meet at Concord on the first Tuesday of June, 1781, for the purpose 
"of forming and laying a permanent plan or system of government for the 
future happiness and well-being of the good people of this state." This con- 
vention continued in existence over two years, during which time two con- 
stitutions were framed, submitted to the people, and rejected. A third one 
which had been approved by the people was established by the convention 
October 31, 1783, and took effect June 2, 1784. 

June 16, 1791, seven years having elapsed since the adoption of the above 
constitution, the general court called a convention to meet In Concord on the 
first Wednesday of September, 1791, "to preserve an efTectual adherence to 
the principles of the constitution and to correct any violations thereof as well 
as to make such alterations as from experience may be found necessary." 
On the second Wednesday of February, 1792, this convention voted to sub- 
mit seventy- two amendments to the people and they were submitted on the 
first Monday in May, 1792. The returns showed some amendments approved 
and others rejected under the heads. Senate, Governor and Council,— by rea- 
son whereof the amendments were rendered inconsistent and contradictory. 
The convention, therefore, on the last Wednesday of May, 1792, submitted all 
the provisions under the heads. Senate, Governor and Council for approval by 
the people. September 5^ 1792, the convention canvassed the returns, found 
the amendments last submitted approved by the people and appointed a 
committee "to report to the convention a true copy of the constitution as 
revised and agreed to by the people," which, being done, they passed the 
following vote: "The returns from the several towns and unincorporated 
places, being examined, and it appearing that the foregoing Bill of Rights 
and Form of Government, as amended by the convention, were approved by 
more than two thirds of the qualified voters present in the 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 Con- 
stitution of the State of New Hampshire." 

In the years 1799. 1806. 1813. 1820. 1832, 1833, 1837, 1844, and 1846 the question 
of calling a constitutional convention was submitted to the people and they 
voted in the negative. In 1849 the question was again submitted and was ap- 
proved by a large majority. The legislature accordingly on July 8, 1850, 
called a convention at Concord on November 6, 1850. January 3, 1851. this 
convention submitted several amendments to the people which were all 
rejected. April 17. 1851, the convention submitted three amendments. By 
proclamation of the governor dated September 16, 1852, notice was given 
that one of these amendments had been adopted and two rejected. 

In the years 1857. 1860. 1862, 1864. 1868 and 1869 votes were taken upon the 
question of holding a constitutional convention, but without affirmative ac- 
tion except in the years 1860 and 1864, and in those years the legislature did 
not deem it expedient to call one. In 1875 a large majority was in favor of 
holding a convention and the legislature by act dated July 18, 1876, called a 
convention to meet in Concord on December 6, 1876. This convention pro- 
posed amendments changing the Constitution in thirteen particulars, all of 
which, except two, were adopted by the people, as shown by the governor's 
proclamation of April 17, 1877. 

The people again voted against a constitutional convention in the year 
1883. In 1885 a small majority voted in favor of a convention, and the legis- 
lature, by act of November 5, 1887, called one to meet at Concord, January 
2, 1889. Seven amendments were submitted by this convention, five of which 
were approved by the people, as shown by the governor's proclamation, dated 
April 2, 1889. 

The sense of the people on the question of holding a constitutional con- 
vention was again Uken in the years 1894 and 1896 with a negative result. 

The people voted for a constitutional convention in 1900 and the legisla- 
ture by act of March 21, 1901, called one to meet at Concord on December 
?., 1902. Ten amendments were submitted by this convention, four of 
which were aoprovpd by the people as shown by the governor's proclamation 
dated March 26, 1903. 



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MANUAL OF THE CH)NSTITUTIOX. 45 

So far as can be ascertained the engrossed copy of the constitution of 1784 
is not in existence. In the foregoing copy the engrossed copy as amended in 
1792 has been closely followed subject to the amendments of the conventions 
of 1850, 1876, and 1889. 

All amendments are shown by notes at the bottom of the page Indicating 
the year in which they took effect. The amendments of 1792 "so far as 
relates to the choice of the members of the legislature and the executive 
officers of the state, county treasurer, and recorder of deeds" took effect on 
February 1, 1793, and all others on the firft Wednesday of June, 1793. 

The amendments of 1850 took effect September 16, 1852 ; those of 1876, August 
1, 1877, October 1, 1878, and the first Wednesday of June, 1879, as indicated in 
the foot notes; those of 1889, April 2, 1889; and those of 1902 on March 26, 
1903. 

The numbering of the sections of P^rt II first appeared in the Revised 
Statutes of 1842. In 1889 when the tenth section of Part II was stricken 
out all subsequent sections were moved forward with the result of making 
much confusion in citations. In this copy the former numbering has been 
placed in a parenthesis at the side of the present number.] 



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INDEX TO THE CONSTITUTION OF NEW 
HAMPSHIRE. 



Absentees, laws respecting estates of 40 

Accused, constitutional rights of 15 

to be tried In wliat county 16 

not compelled to give evidence against himself 15 

not deprived of life, etc., but by law of the land 15 

not to be tried after acquittal 16 

to have right to meet witnesses face to face 15 

Acquittal, no trial for crime after 16 

Acts and resolves, to be printed and published immediately after passage 24 

Address, removal of officers by 32,36 

Adjournment of house of representatives 23 

of senate 27 

by governor, of legislature, when 29 

Affirmation equivalent to oath, when 39 

Amendments, to state constitution, how made 42 

when to take effect 42 

Appointments by governor and council, how made 30 

of military officers , 30 

Appraisal for taxation, valuation of estates taken 21 

Armies, how raised 17 

Arms, certain persons not compelled to bear 15 

Army and navy, standing, dangerous 17 

Arrests, members of legislature exempt from, when 24 

Arts, legislature to promote ..'. 38 

Assembly, right of, secured 18 

Attorney-general, appointed by governor and council 30 

Bills and resolves, vote by yeas and nays, when 30 

to be presented to governor 30 

if disapproved, returned 30 

objections entered on journal 30 

if not returned in five days become laws 30 

if again passed sent to other house 30 

become laws, when 30 

same proceedings upon resolves 30 

Capital punishment, no person subject to without jury trial, except 16 

Clerk, of supreme court, how appointed 37 

to sign writs 40 

not to act as counsel, etc ' 37 

Commander-in-chief, governor to be 31 

powers of 31,32 

Commissary-general, appointment and duties of 33,36 

to render account to governor 33 

47 



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48 MANUAL OF THE OONSTITUTION. 

Commissions, tenure of office to be expressed in 36 

how made and signed 40 

Compensation, members of legislature 23 

governor and council 33 

justices of superior court 33 

Competition, industrial, protected 38 

Constitution, to be enrolled; deposited where 43 

prefixed to printed laws 43 

how amended, etc 43 

Conventions, constitutional, how called; duties 42 

Conviction, of certain crimes^ disqualifies, how 42 

Coroners, how appointed "30 

Corporations, control of 38 

Councilor districts, how constituted 34 

Councilors, qualifications of 25, 34 

new election, when 34 

votes for, how received, returned, etc 34 

laid before senate, when 34 

election in joint convention, when 34 

N order of such elections 35 

vacancies 34 

oath of office 39 

subject to impeachment 34 

Counties, may be divided into districts, for what 36 

County treasurer, elected how 35 

Courts, legislature may establish. .^ 20 

powers of 20 

not to demand excessive bail 18 

opinions of, may be required, when 36 

jurisdiction 37 

Courts-martial, officers removed by 32 

Crimes, to be fully described, etc., to accused 15 

tried in county where committed, except 16 

noWbject to be tried for, after acquittal 16 

Criminal prosecutio-ns, respondents, constitutional rights of 16 

to be tried in what county 16 

Debate, freedom of, in legislature 18 

Deodands, abolished 40 

Departments of government to be kept distinct . 19 

Deputy secretary of state, appointment and duties 36 

Districts, councilor 34 

senatorial ^ 25 

lor registry of deeds 36 

Due process of law secured to litigants IB 

Dwelling-houses, searches of 16 

Education, legislature to promote 88 

Elections, to be free 29 

by joint convention 27, 33 

order of 35 

of state officers 35 

governor ,...*.. .26, 84 

and councilors 26, 34 

senators 26, 34 

members of house 21 

county officers 35 



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MANUAL OF THE CONSTITUTION. 49 

Elections, duties of town officers at 26, 27 

in unincorporated places 26 

Eligibility to office, constitutional right 15 

Eminent domain, property not to be taken without pay 15 

Enacting style, of statutes, etc 41 

Encouragement of literature, sciejices, arts, etc 38 

B«Yidence, accused not to furnish against himself 15 

Ex Post Facto laws, not passed 17 

Examination of military officers 31 

Executive power to be independent of other departments : 19 

Exemptions from arrest on civil process of members of the legislature.. 24 

Exemption from qualifications of voter 15 

Ports, commanders to render accounts 33 

exhibit plan of 33 

Franchises, tax en 21 

Freedom of speech and press secured 18 

all men secured 14 

General court, how constituted 19 

oaths of members, before whom 39,40 

speaker, how chosen 24 

when to assemble and dissolve 19 

freedom of speech in 18 

powers of 20, 21, 38 

to define powers, etc., of officers 20, 21 

erect courts 20 

impose fines, etc 20 

taxes 20 

make laws, etc 20 

name civil officers 20 

order valuation of estates 21 

journals and public acts published, when 24 

yeas and nays entered, when 24, 30 

protest of member entered, when 24 

objections of governor to bill entered 30 

may call for record of governor and council 34 

require opinions of court, when 36 

not to authorize towns to loan money, etc., to corpora- 
tions 21 

doors of galleries to be kept open, except 21 

bills to be presented to governor. 30 

if not approved returned 30 

bills proceedings upon return 30 

if not returned in five days become laws , 80 

member of, not to take fees; penalty for 21 

governor may adjourn or prorogue 31 

special sessions, how called 31 

compensation at 23 

may authorize towns to support teachers of religion — 14 

Oovernxnent, originates from the people 13 

Governor, supreme executive magistrate 29 

chosen when; style; title...! 29 

qualifications of 29 

electors of 29 

votes for, how received, returned, etc 29 

laid before senate, when 29 



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50 MANUAL OF THE OaNSTITUTION. 

Goyernor, votes for, if election by people, declared 29 

If not, elected In joint convention 29 

order of such elections 35 

oath of office: before whom 39 

warrant of, money paid out on 20, 33 

nominations and appointments by 30 

removals from office by 32, 36 

may issue precept for new election 27, 34 

to Issue summons to senators 27 

may direct place of holding session, when i 29 

bills to be presented to, procedure 30 

resolves to be presented to, procedure 30 

to dissolve general court, when 29 

issue military commissions 30 

military officers to render accounts to 33 

exhibit plans of forts to 33 

to be commander-in-chief; powers 31, 32 

how compensated 33 

trial of, on impeachment...., 28 

vacancy in office of, how filled 31 

Governor and council to be convened when and for what ^ — 34 

resolutions, etc., to be recorded, etc 34 

to have negative on each other 30 

negatives to be signed by 30 

how compensated *.. 33 

may adjourn or prorogue general court, when... 31 

may call together, when 31 

certain officers appointed by; procedure 30 

appointments to be signed by 30 

removals from office by 36 

warrant upon treasury for money 33 

to examine election returns 27 

power of pardoning oCTenses 32 

may require opinions of court, when 36 

law martial not to be exercised without consent 

of 82 

Habeas corpus to be enjoyed, how 40 

suspension of writ of, limited 40 

Hereditary offices prohibited 14 

House of representatives, representation 21, 22 

towns not to be divided, etc 21 

small towns, how represented 22 

members of, chosen how 22 

qualifications of 23 

compensation of 23 

oath of; before whom 39 

privileges of 24 

powers of 24 

quorum, what 23 

two thirds assent requisite when 23 

vacancies in, how filled 28 

may adjourn for two days i 28 

impeachments by 23 

money bills to originate in , 23 

may require opinions of court, when 36 



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MANUAL OF THE CONSTITUTION. 51 

Impeacbment, by house of representatives 23 

senate to try 23, 28 

members to be sworn 28 

officer impeached, how summoned 28 

may produce witnesses, etc 28 

may compel attendance of witnesses 28 

accused not appearing, procedure 28 

Judgment to be what 28 

party convicted liable to indictment 28 

of governor, procedure 28 

members of council liable to 34 

Indictments, how to conclude 40 

Industrial competition protected 38 

Inhabitants may mean what 26 

Inheritances, tax on 21 

Journals, objection of governor to bill entered in 30 

protest entered in, when 24 

yeas and nays entered in, when 24, 30 

publication of 24 

Judges, should be impartial 18 

how appointed 30 

tenure of office o(f 18 

removal of — 36 

salaries of to be honorable 18 

disqualffled after 70 years of age 37 

qualifications of 36 

Judges of probate. Jurisdiction of 37 

not to be counsel, etc 37 

not to hold office after 70 years of age 37 

not to hold other office 41 

to hold courts, where 37 

appeals from, where heard 37 

Judicial officers, how appointed 30 

removed 36 

term of office 36 

disqualified after 70 y^rs of age 37 

Judicial power independent of other departments 19 

Jurisdiction of supreme court 36 

Jurors, who to be .' 17 

to be fully paid 17 

Jury trial secured in certain cases 17 

civil cases, when 17 

capital cases, except 16 

Justice to be obtained freely, etc 15 

Justices of the peace, jurisdiction of 36 

term of office of 36 

not to be of counsel, etc 37 

Law martial, no person subject to, except 18 

not to be exercised when 32 

Law of the land, subjects entitled to benefit of 16 

Laws should provide remedies 16 

sanguinary denounced 16 

not to be suspended, except 18 

inhabitants controlled by what 15 



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52 MANUAL OF THE CONSTITUTION. 

Laws, enacting style of 41 

in force until repealed, unless 40 

Legislative power to be independent of other departments 19 

Legislature, how constituted 19 

oaths of members of, before whom 39 

speaker of, how chosen 24 

when to assemble and dissolve 19 

freedom of speech In 18 

powers of 20, 21 

to define powers, etc., of officers 20,21 

erect courts 20 

impose fines, etc 20 

taxes 20 

make laws, etc 20 

name civil officers 20 

order valuation of estates 21 

journal and public acts published, when 24 

yeas and nays entered, when 24, 30 

protest of member entered, when 24 

objections of governor to bill entered 30 

may call for record of governor and council 34 

require opinions of court, when 36 

not to authorize to loan money, etc., to corporations 21 

doors of galleries to be kept open, except 21 

bills to be presented to governor 30 

if not approved, returned 30 

proceedings upon return 30 

if not returned in five days, become laws 30 

member of, not to take fees, etc.; penalty 21 

governor may adjourn or prorogue 29 

special sessions of, how called 31 

Liberty of the press preserved 17 

compensation at 23 

may authorize towns to E(upport teachers of religion 13 

Magistrates accountable to the people 14 

not to demand excessive bail, etc 18 

Martial law, how applied 18 

to be exercised when 32 

Military subordinate to civil power 17 

Mliltia, well regulated, necessary 17 

governor commander-in-chief of 81 

divided Into brigades, etc 33 

National Guard, commander-in-chief, who 31 

powers of 81 

officers of, how appointed 30 

removal of 32 

commissary-general, duties of 33 

Money, how paid out of treasury 83 

value of, how computed 42 

bills, to originate In house 23 

senate may propose amendments to 28 

Monopolies condemned 38 

Name, of state, established 19 

Natural rights, what are 13 



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MANUAL OF THE COXSTITL'TIOX. 



53 



Natural rights, certain inalienable 13 

Navy, officers of, how appointed 30 

Nominations of officers, how made 30 

Non-resistance, doctrine of, denounced 14 

Oath, required of certain officers 39 

affirmation equivalent to, when 39 

administered by whom 39 

Office, general eligibility to 15 

not to be hereditary 14 

Oiiicers, incompatibility of certain offices 41 

general court to elect, when 20 

prescribe duties, etc 20 

to take what oaths 39 

military, how appointed 30 

removed 32 

Judicial, etc, how appointed 30 

removed 36 

term of 36 

disqualified after 70 years 37 

Pardon, power of governor and council 32 

not of person impeached 32 

before conviction, not to avail 32 

Penalties, to be proportionate to offense 16 

Pensions, grant of, limited 18 

from other governments, effect of 41 

Presentments, how to conclude 40 

President of senate, how appointed 27 

to act as governor when 31 

Press, liberty of, preserved 17 

Prisoner, rights of 15 

Privileges, governor and council have same power 24 

of members of legislature 24 

breach of, how punished 24 

Property, not to be taken without owner's consent, etc 15 

Prorogations, of general court, by governor 31 

Prosecutions, respondents, rights of 15 

to be tried in what county 16 

Protection, subjects entitled to 15 

to contribute an equivalent 15 

Public worship encouraged 13 

Punishment, general court may impose 20 

design of 16 

capital, not inflicted without Jury trial, except 16 

legislature may impose .^ 20 

Qualifications of voters 15 

Quorum, of senate 27 

assent of ten, when 28 

of house of representatives. 22 

assent of two thirds, when 2;- 

Register of deeds, elected how 35 

eligibility of 36 

may be two for county 36 

not to hold other office 41 

oath of 39 



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54 MANUAL OF THE OONSTITUTION. 

Register of probate, elected, how 86 

not to act as counsel 87 

Religion, towns may support teachers of. when 14 

freedom of, etc 14 

Religious freedom, declared 14 

all denominations equal 14 

no person compelled to support teachers of other 

denominations 14 

Remedies, for injuries, should be certain, etc 16 

Removal, by address, of what officers 32,36 

Representation, legislative, of towns how determined 21 

Representatives, in legislature, qualifications of 22 

oaths of 39 

Revision of constitution, vote on, to be taken every seven years 42 

convention for, called, when 42 

delegates, how chosen 42 

return of votes 42 

alterations to be approved 42 

to take effect when 42 

Revolution, right of, declared 16 

Rights, natural, what are 13 

Rules of house, how settled 24 

senate 27 

Salaries, of governor , 33 

Schools, encouragement of 38 

of religious sect, money not granted to 38 

Science, legislature may promote ^ 38 

Search warrants, unreasonable, forbidden 16 

Searches and seizures, regulated 13 

Secretary of state, chosen how 36 

bond of 35 

to have deputy 35 

may remove deputy 36 

records kept in office of 36 

to attend governor and council 36 

record resolutions, etc., of council 36 

election returns to be sent to 26, 29 

to attest and seal commissions 40 

lay votes before legislature 29, 34 

other general duties of 36 

deputy, how appointed 36 

to act as secretary, when 36 

duties of 36 

Seizure, protection against unjust 17 

Senate, how constituted 26 

powers of, etc 27 

term of office -... 24 

qualifications of members of 26 

districts, how constituted 26 

election, when 25 

how warned 26, 27 

qualifications of voters 26 

who considered Inhabitant 26* 

unincorporated places, who may vote in 26 

meetings in 26 



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MANTJAL OB THE CONSTITUTION. 55 

Senate, election, governor and council to examine returns 27 

iiiue summons 27 

final Judges of election of its members 27 

oath of office 39 

before whom taken 89 

quorum, what constitutes 27 

assent of ten, when 28 

to appoint officers 27 

determine rules of procedure 27 

try impeachments « 29 

vacancies in, how filled 27 

if no election, by Joint convention , 27 

order of such elections 35 

other vacancies by new elections 27 

may require opinions of court, when 86 

punish offenders 24 

imprisonment by, limited 24 

may adjourn for how long 27 

in impeachment cases 27 

Senatorial districts, how constituted 26 

Senators, qualifications of 26 

oath of 89 

Sentence, cruel, not to be inflicted 18 

capital, not without Jury trial, except 16 

SherifTs, election of 36 

qualifications of 36 

tenure of office of 87 

not to hold other office 41 

Social virtues, law givers and magistrates to observe 19 

Soldiers, not to be quartered in private house, when 17 

Solicitors, elected, how ^ 36 

Speaker, how chosen 24 

salary of 23 

to act as governor when 31 

Special sessions, how called and when 81 

compensation at 23 

State, sovereignty of, declared 14 

treasurer, chosen how 36 

Statutes, enacting clause of, what 41 

Suicides, estates of, not forfeited 40 

Supreme court. Justices of, tenure of office of 18 

salaries of 18 

chief Justice of, to preside at impeachment of governor 28 

opinion of, may be required by whom, when 36 

general Jurisdiction of 36 

Suspending laws, power of, how exercised 18 

Taxation, right of, on what founded 16 

none without legislative consent 17 

taxes, how imposed 21 

money raised by, not granted to religious schools 38 

valuation of estates for, taken how often 21 

Teachers of religion, towns may support, when 14 

who not compelled to pay.. 14 

Tenure of office, to be expressed in commission 36 

of Judicial officers 36 

Justiees of the peace 36 



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56 MAN^UAL OP THE COXSTITUTION. 

Town, how represented in general court 21 

when less than 600 inhabitants 22 

not to be divided to increase representation 21 

aid corporations 21 

take stock in corporations 21 

Treasury," money paid out from, how 33 

Trial, to be in county where offense committed, except 16 

Unincorporated places, elections in 26 

Vacancies, in office of governor 31 

council 34 

senate 27 

house of representatives 23 

to be filled in what order 35 

holding other office creates, when 41 

Veto, effect of governor's 30 

Voters, qualifications of 15 

Writs, in name of state 40 

seal, teste, etc 40 



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SICETOH 



CONSTITUTIOJ^S OF NEW HAMPSHIBE 



Name and Bounds, The territory now under the jurisdic- 
tion of New Hampshire was included in the grant made by 
King James I to the Plymouth Company in 1620. The name 
it bears was used first in the grant made by the Council of 
that Company to Capt. John Mason of Hamps'hj^re, England, 
in 1629, and was then given to "all that part of the mainland 
in New England" between the Merrimack and the Piscataqua 
rivers. After New Hampshire became a province its bounda- 
ries were fixed, much the same as now, by royal authority, on 
the south and east in 1740, and on the west in 1764. 

The first patent that purported to include the southern part 
of what was afterwards New Hampshire was that of the 
Council of Plymouth in the county of Devon to John Mason 
and' Ferdinando Gorges, as joint proprietors. The grant took 
the name of the province of Maine, and was described as ex- 
tending from the Merrimack River to the Sagadahoc or Ken- 
nebec. This patent was dated Aug. 22, 1622. 29 State Papers, 
23. By the terms of the patent Robert Gorges was appointed 
Governor and empowered to take possession of the granted 
territory for the proprietors. 29 State Papers, 28. He came 
at once to America, and was at David Thomson^s house at 
Little Harbor in 1624. At this time and place Christopher 
Leavitt, one of his Councillors, was present, and was qualified 
by taking the oaths of office. The names of Mr. West and 
the other Councillors are given in articles in Justin Winsor's 
Narrative and Critical History of America. Governor 
Gorges's administration of this province of Maine was not 

67 



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58 MAlNTTAIi OP THE OONSTITUTION 

conspicuously successful, for the want of inhabitants. The 
history of the period discloses nothing very noteworthy. 

The patent of Laconia, granted in 1629, seven years after 
the grant of the province of Maine, contains a description 
which locates the territory in the region between the north- 
easterly boundary of the province of Maine and rather indef- 
inite limits farther to the north and west in the vicinity of the 
Great Lakes. This patent was not intended to conflict with 
the patent of Maine, and by a fair construction of its terms 
did not overlie the province of Maine. The grantees of La- 
conia were to be a trading company. The patent included a 
small tract near the coast, presumaWy to afford the company 
a business location by the sea. Its description was so loose 
and indefinite that it would doubtless be deemed "void for 
uncertainty." 29 State Papers, 33. 

Mr. Belknap, in the eariy part of his history of New Hamp- 
shire, apparently fails to accurately distinguish the Laconia 
patent from the province of Maine. What was afterwards 
the northern part of New Hampshire may have been included 
in the Laconia patent, but that which was granted as the 
province of Maine, covering the southern part of what was 
afterwards New Hampshire, was not a part of Laconia. 

The province of Maine existed seven years without conflict 
with any other patent affecting the territory described in its 
text. In 1629, however. Mason and Gorges divided the 
province of Maine into two parts. The divisional line being 
on the Piscataqua, Gorges had the eastern, and Mason the 
western part. This partition was by agreement between the 
parties. The Council of Plymouth, by a grant of the eastern 
part as the province of Maine to Gorges, and the western part 
as the province of New Hampshire to Mason, consummated 
the division made by the original proprietors. 

Upon the dissolution of the Council of Plymouth in 1635, 
just prior to the death of Mason, another patent for the prov- 
ince of Maine was issued to Gorges, and a second patent for 
the province of New Hampshire to Mason. 

A charter for his province was issued to Gorges by the 



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MAlNXTAL OP THE OONfiTITUTION 59 

King in 1639. A copy of an instrument which purports to 
he a similar charter from the King to Mason for New Hamp- 
shire, and to be dated in 1635, has been discovered in recent 
years, but that the paper represents a genuine grant has never 
been determined. One of the most serious objections against 
its authenticity is the fact that it does not appear among the 
documentary evidence in the trials of the cases of Mason 
against Waldron in New Hampshire in 1704 and 1707. 

See article by Charles Deane, Prince Society publication. 

The northern and southern boundaries of the state were 
the subject of long controversy. The former was definitely 
settled by the Webster-Ashburton treaty between the United 
States and Great Britain in 1842, and the latter was not de- 
clared established by the General Court until 1901. 

Early Government. The first settlements in New Hamp- 
shire were made in 1623 near Portsmouth at Little Harbor, 
at a place which later was called Odiorne's Point, and now is 
included in the town of Kye, at Dover, on Hilton's Point,' In 
1628, at Exeter in 1638, and at Hampton in 1639.' For sev- 
eral years these early settlements had no general government. 
The four towns, Dover, Portsmouth, Exeter, and Hampton, 
were independent communities. Each, though without any 
delegated power from the Crown, had its government, formed 
by voluntary agreements, which claimed and exercised both 
municipal and ecclesiastical jurisdiction. This simple plan of 
government naturally was a reproduction of the forms with 
which the settlers bad been familiar in the English towns 
from which they came. When, in 1640, a general govern- 
ment became necessary for these settlements, their political 
and religious differences prevented its formation. The civil 
stnfe which distracted England made appeal to the Crown 
hopeless, and they sought the protection of Massachusetts. 
That colony already had consitrued its charter of 1629, which 
only vaguely described its northern boundary, to entitle it to 

^ See Notes on First Planting of New Hampshire by John S. Jenness, and 
Thomson's Indenture, by Charles Deane, reprinted in appendix to State 
Papers, vol. 25, pp. 661-710 and 711-740. Thomson's Indenture is reprinted 
from Proceedings of the Mase. Hist. Society, vol. 14, p. 358. 



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60 MAttTtJAI^ OP THE CONSTITUTION 

assume jurisdiction over New Hampshire. Accordingly in 
1641-43 these New Hampshire towns by formal written agree- 
ment, "resigned their jurisdiction to Massachusetts/^ were 
guaranteed their liberties, with the privilege of sending dep- 
uties to the General Court, and became a part of Norfolk 
county. This union, convenient to the people of New Hamp- 
shire and agreeable to the people of both colonies, was contin- 
ued until 1679-80, when, the Lords Justices of the King's 
Bench and Common Pleas having decided that the claim of 
Massachusetts to jurisdiction over New Hampshire was in- 
valid, a royal order was issued severing them and organizing 
New Hamps!hire as a separate royal province. 

Provincial Government, This government was erected by 
the issue of a commission (Provincial Papers, vol. 1, pp. 373- 
382) from King Charles II to John Cutt, Esq., of Ports- 
mouth, dated Sept. 18, 1679, constituting a President and 
Council for the province of New Hampshire, appointing him 
to be its first President, and authorizing them to issue writs 
for "the calling of a General Assembly, using and observing 
there such rules and methods as to the persons who are to 
choose their deputies, and the time and place of meeting, as 
they shall judge most convenient," and delegating to them 
specified legislative, executive, and judicial powers, but re- 
serving to the King Jthe right of annulling all their acts, laws, 
and ordinances. While the rudiments of an earlier organic 
law applicable to the inhabitants of New Hampshire may be 
traced in the charter of the Plymouth Company of 1620, in its 
grant to Mason and his patents, to the settlers, in their volun- 
tary combinations, and in their written agreement- with Mas- 
sachusetts in 1641, this commission issued to John Cutt in 
1679 m'arks the formal beginning of consititutional govern- 
ment in New Hampshire.^ 

Despite the appointment in 1685 of Joseph Dudley as Pres- 
ident of the Council of New England', the reunion of New 
Hampshire with Massachusetts from 1690-92, and their ad- 
ministration by the same Governor from 1698 to 1741, New 
Hampshire continued to be a royal province until the Revolu- 

* See 1 N. H. Prov. Laws, Introductory note. 



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MANUAL OF THE CX>N1STITUTI0N 61 

tion. The fundamental instrument of government of New 
Hampshire during this period, 1679-1776, though it was vio- 
lated perhaps as often as followed, was the Cutt commission as 
formally amended by the commissions of successive royal Gov- 
ernors, and the informal changes wrought in it by the inter- 
pretation arid administration of the laws by the Governor and 
Council, sometimes in harmony, but oftener in conflict, with 
the Assembly of the people. The only part of the form of 
government of the people of New Hampshire during this 
period which was ordained and established by themselves is 
thus described by Dr. Belknap in his History, vol. 2, pp. 
89, 90: 

. . . An attempt had been made in 1724 to limit the 
duration of Assemblies to three years, in conformity to the cus- 
tom of England.^ At the meeting of the new Assembly, 1728, 
the first business which they took up was to move for a tri- 
ennial act. The Lieutenant-Governor was disposed to gratify 
them. Both houses agreed in framing an act for a triennial 
Assembly, in which the duration of the present Assembly was 
limited to three years (unless sooner dissolved by the com- 
manlder-in-chief ) , writs were to issue fifteen days, at least, be- 
fore a new election; the qualification of a Representative was 
declared to be a freehold estate of three hundred pounds 
value. The qualification of an» elector was a real estate of fifty 
pounds within the town or precinct where the election should 
be made; but habitancy was not required in either case; the 
selectmen of the town, with the moderator of the meeting, 
■were constituted judges of the qualifications of electors, sav- 
ing an lappeal to the House of Representatives. This act having 
been passed in due form, received the royal approbation, and 
was the only act which could be called a constitution or form 
of government established by the people of New Hampshire, 
all other parts of their government being founded on royal 
commissions and instructions. But this act was defective in not 
determining by whom the writs should be issued, and in not 
describing the places from which the representatives should 
be called, either by name, extent, or population. This defect 
gave birth to a long and bitter controversy, as will be seen 
hereafter. 

^ Previous to that date the term had been indefinite, and Assemblies 
continued In existence until dissolved by the Governor, when a new election 
was ordered. 



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62 MAlNUALr OF THE <X>NBTITUTI01^ 

Revolutionary 'Oovemment, Until July, 1774, the govern- 
ment of New Hampshire in every branch was the government 
incident to a-dependent province, amenable to and existing by 
favor of the mother country. It is a slender thread that con- 
nects the government of the province with the government of 
the state. In the House of Representatives May 28, 1774, 
notwithstanding Gov. Wentworth^s protests of illegality, it 
was "Voted that the Honorable John Wentworth Esq., 
Speaker of this House, Samuel Cutts, Esqr., John Griddings 
Esqr., Clement March Esqr., Josiah Bartlett Esqr., Mr. Henry 
Prescott & John Pickering Esqrs., be a Committee of this 
House to correspond as occasion may require with the Com- 
mittees that are or may be appointed by the several Houses 
of Representatives in our sister Colonies, and to exhibit to this 
House an account of suc^h of their proceedings when re- 
quired." 

From this beginning, and through the action of the com- 
mittee named, which became known as a Committee of Safety, 
by progressive steps a state was formed. 

This committee issued to the several towns a call for an 
election of delegates to be assembled at Exeter on the twen- 
ty-first day of July, 1774. This convention, or First Provin- 
cial Congress, as it is generally styled, was succeeded by four 
other conventions of a similar character.^ The second con- 
vention assembled at Exeter Jan. 25, 1775. The next, 
styled the Third Provincial Congress, convened at Exeter 
April 21, 1775, and was dissolved early in May following. 
The Fourth Provincial Congress convened at Exeter May 17, 
1775, and, after successive adjournments, was dissolved Nov. 
15, 1775. 

During the interval between the meeting and adjournment 
of this Congress events which seemed to make war inevitable 
had taken place in several colonies. The last session of the 
provincial General Assembly was adjourned by Gov. John 
Wentworth July 15, 1775, by message from Fort William and 
Mary in Portsmouth harbor, whither he had withdrawn at the 

^ See New Hampshire's Five Provincial Congresses, by Joseph B. Walker, 
Concord, N. H. (privately printed), 1905. 



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MANUAIi OF THE CONSTITUTIOX 63 

opening of the revolutionary conflict. On October 18, 1775, 
New Hampshire, throng-h its delegates in the Continental 
Congress, petitioned that body to be allowed to set up a gov- 
ernment of its own framing as the only means of preventing 
the greatest confusion, but, in the lingering hope of recon- 
ciliation. Congress delayed answer until November 3, when it 
not only granted the request of New Hampshire, but also 
advised South Carolina and Virginia to form independent 
governments. 

In the call, therefore, for the Fifth Provincial Congress it 
was recommended that there be a full and free representa- 
tion of the people, and that the delegates be authorized to "es- 
tablish such a form of government as in their judgment will 
best produce the happiness of the people, and most effectually 
secure peace and good order in the province during the con- 
tinuance of the present dispute between Great Britain and the 
Colonies." 

Soon after the issue of this call Major-General John Sul- 
livan, then in camp near Boston, who, while a delegate to 
Congress in the fall, had urged that body to grant the request 
of New Hampshire to be allowed to set up an independent 
government, addressed a letter to President Meshech Weare of 
New Hampshire, outlining such a form of government as 
he deemed it desirable the people of that state now should 
establish. The large influence of Sullivan in shaping the in- 
strument adopted may be discovered not only in the corre- 
spondence of the period, but also by comparison of his letter 
with the temporary constitution. The letter reads as follows: 

GENERAL SULLIVAN TO MESHECH WEARB— ON A PLAN 
OF GOVERNMENT. 

(Copied from Am. Arch., 4 Ser., VoL IV, p. 241.) 

WiKrrER Hill, December 11, 1775. 
Dear Sir: Though continually involved in those difficulties 
which necessarily attend' a military life, I can by no means 
forget the duty I owe to that province whose generous favours 
I have so largely shared, and whose generous favours I have 
so often experienced. Being deeply impressed with gratitude 
to that truly patriotic colony, and fully sensible that the re- 



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64 MA5NUAL OF THB CONSmTUTION 

maining part of my life ought to be devoted to the interests of 
my country in general and that province in particular, I have 
stolen a few moments from the busy scenes of war to offer 
you my thoughts upon a matter which I deem essential to the 
future welfare of my truly spirited and deserving brethren 
within that Government. I hear that the Continental Congress 
has given our province a power to assume government. But 
the content4S of this letter to the Provincial Congress having 
never transpired, and my friendfe at the Continental Congress 
having never informed me but in general terms that we had 
liberty to assume government, I must conclude that liberty 
is given to set up and establish a new form of government, for, 
as we were, properly speaking, a King's government before, the 
giving us a power to assume government would be giving us 
a license to assume a form of government which we could never 
obtain. Taking it therefore for granted that the Congress have 
given us liberty to set up that form of government which will 
best answer the true end and design thereof, I shall beg leave 
to offer you my thoughts upon the subject, leaving you to make 
such use thereof as your wisdom shall direct. 

And, as my ideas of government may in some measure differ 
from many others, I shall beg leave to premise some few 
things. And in the first place must observe that all govern- 
ments are, or ought to be, instituted for the good of the people; 
and that form of government is most perfect when that design 
is most nearly and effectually answered. 

SeOandly, That government which admits of contrary or 
clashing interests is imperfect, and must work its own ruin 
whenever one branch has gained a power sufficient to overrule 
or destroy the other. And the adding a, third, with a separate 
and distinct interest, in imitation of the British constitution, 
so much celebrated by those who understand nothing of it, is 
only like two contending powers calling in a third, which is 
unconnected in interest, to keep the other two in awe till it 
can gain in power sufficient to destroy them both. And I maj^ 
almost venture to prophesy that the period is now at hand 
when the British nation will too late discover the defects in 
their much boasted constitution, and the ruin of that empire 
evince to the world the folly and danger of establishing a gov- 
ernment consisting of different branches whose interests must 
ever clash with each other. 

Third, That no danger can arise to a state from giving the 
people a free and full voice in their own government. And 
that what is called the prerogative of the Crown, or checks 
upon the licentiousness of the people, are only the children of 



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MAJNUALf OF THE CONSTITUTION ' 66 

designing or ambitious men, no such thing being necessary; 
for, though many states have been overturned by the rage and 
violence of the people, yet that spirit of rage and violence has 
ever been awakened in the first place by the misconduct of 
their rulers. And, though often carried to the most dangerous 
heights, so far from being owing to too much power being 
lodged in the hands of the people, that it is clearly owing to 
their having too small, and their rulers too extensive a power. 

Thus we find Rome enjoyed its liberties until their Dictators 
and others were clothed with power unknown before, at least 
in that country; and made in some sort independent of the 
people; and to this authority, so inconsiderately given, should 
be charged all the tumults at Home and the final ruin of that 
empire. This uncontrollable power, so much sought after by 
designing men, is made use of to enslave the people, and either 
brings about that event, or raises the just indignation of the 
people to extirpate the tyrant thus seeking their ruin. An«d' it 
sometimes happens that the resentment is so far carried by the 
fury of an enraged populace a« totally to destroy the remains 
of government, and leave them in a state of anarchy and con- 
fusion; and too often ha've designing persons taken advantage 
of this confusion and established tyranny in its place. 

I am well convinced that people are too fond of their own 
ease and quiet to rise up in rebellion against government un- 
less when the tyranny becomes intolerable. And their fond- 
ness for government must clearly appear from their so often 
submitting to one tyrant after they had extirpated' another, 
rather than live in a state of anarchy land confusion. I would 
therefore advise to such a form of government as would admit 
of but one object to be kept in view, both by the governor and 
the governed, viz., the good of the whole, that one interest 
should unite the several governing branches, and that the fre- 
quent choice of the rulers by the people should operate as a 
check upon their conduct, and remind them that a new election 
would soon honor them for their good conduct or disgrace 
them for betraying the trust reposed in them. 

I by no means object to a Governor, but would have him 
freely appointed by the people, and dependent upon them, and 
his appointment not to continue for a long time unless re- 
elected, at most not exceeding three years, and this appoint- 
ment to be made by the freeholders in person, land not by 
their representatives, as that wonld be putting too dangerous 
a power in their hanidte, and possibly a majority of designing 
men might elect a person to answer their own particular pur- 
pose, to the great emolument of those individuals and the op- 



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66 JLAJNTJAL OP TBDB OONETITUTICKN' 

pression of their fellow-subjects; whereag, we can never sup- 
pose the people to have anything but the true end of govern- 
ment, viz., their own good, in view unless we (suppose them 
idiots or self-murderers. I am likewise much in favor of a 
Council and House of Representatives, but would have them 
liJcewise chosen by the people, and by no means for a longer 
time than three years; and this mode of choosing would ef- 
fectually destroy that pernicious power distinguishing Gov- 
ernors, to throw aside those persons who they found would 
not join them in enslaving the people. The late conduct of 
Bernard and Hutchinson, and' the present unhappy state of the 
province I am now in, are striking witnesses of the justice of 
this observation, nor can I see the least reason for a Governor 
having a power to negative a Speaker of the House. 

I would have some rule established for making that person 
incapable of holding either of the above offices that should, 
either before or after his election, bribe or treat the voters 
with intent either to procure an election or reward the electors 
for having chosen him. Accusation, if against the Governor, to 
be tried by the two houses; and if against either of the other 
members, by the Governor and the other members of both 
houses, he having a vote equal to any other member. And in 
case judgment should pass against the new elected Governor 
the old one to remain until a new election be had; and in case 
he be the same person formerly elected the President of the 
Council to supply his place till a new election can be made, 
which President should be appointed by free vote of the mem- 
bers of the Council at their first meeting. The infamous prac- 
tice of bribing people in Great Britain to sell their votes, and^ 
consequently their liberty, must show the danger of permit- 
ting so dangerous a practice to be instituted under our con- 
stitution, to prevent which, and' to guard against the undue in- 
fluence of persons in power over votes, I would recommend the 
Pennsylvania method, viz., that every vote should be rolled up, 
sealed, on the back thereof be noted that it is a vote for a 
Governor, which sshould be deposited in a box prepared for 
that purpose; and a vote for Councillors and Representatives 
sealed up, noted on the back, brought in as aforesaid, and de- 
posited in separate boxes provided for the purpose. That all 
voters, having once given in their votes, should pass out, and 
care be taken that they should not come in again till the voting 
was over; or, if it be thought more expedient, to let the clerk 
of the meeting have a perfect list of all votes, with three col- 
umns ruled against their names, one marked for a Governor, 
one for a Representative, and when a person brings in a vote 



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MAINTJAL OF THE C5ON6TITUTI0N 6? 

tot' one, a mark to be madie against his name in that column; 
and if he brings in for all three at the same time a mark to 
be made in each column; which I think will effectually prevent 
any fraud' in voting again. The Representatives' box to be ex- 
amined in meeting, and the election declared. The votes given 
for Councillors and Governor to be sealed up by the clerk, 
and forwarded by him to the capital of the province, where, all 
the votes being had together, a sworn committee should ex- 
amine the whole and declare the elections. This method, 
though it may appear somewhat troublesome, will not turn out 
so upon trial; and it is the most effectual method to secure 
the freedbm of voting, and prevent every species of fraud and 
connivance. 

Any persons who offer themselves as candidates for any berth 
may, agreeably to the method practised in Pennsylvania, pub- 
lish their design in newspapers, or communicate it in any other 
method they may think proper, or leave the people to find out 
persons of merit and nominate for themselves. All civil of- 
ficers should be appointed by the three branches, and all mili- 
tary officers by the Governor and Council, and never super- 
seded in commission but by the same power which created 
them. All laws negatived by a Governor, if revived' after- 
wards and passed by a new House and Council, to be assented 
to by him at all events, as it would be unreasonable to suppose 
two houses of Representatives and two sets of Councillors 
possessed of less wisdom, or to have less understanding of the 
true interests, of the people tnan a single person has, and that 
after having a long time to think upon the matter, and to con- 
sult their constituents thereon. 

And here I must beg leave to observe that however high 
other people's notions of government may run, and however 
much they may be disposed to worship a creature of their own 
creation, I can by no means consent to lodging too much 
power in the hands of one person, or suffering an interest in 
government to exist separate from that of the people, or any 
man to hold an office for the execution of which he is not in 
some way or other answerable to that people to whom he 
owes his political existence. 

Time will not permit me to go more largely into the subject, 
but I must leave you to weigh these hints, and make such im- 
provement thereon as your wisdom shall direct; and though 
my notions of government are somewhat singular, yet I think 
this plan will be an improvement upon the constitution, by 
far the happiest I know of. Where I have supposed a defect in 
that constitution, I have taken the freedom to borrow from 



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68 MAlNTJAIi OP THE OQNOTITUTION 

that of Pennsylvania and other governments to supply it; and 
in some instances have added my own thoughts, which if they 
have the force of reason in them, will have their weight. 

If they should not appear to be founded on reason I must beg 
you to excuse my giving you trouble, as I sincerely aim to pro- 
mote the welfare of that colony to which I wish the most last- 
ing happiness.^ 

And assure yourself that I am, with much esteem, 

Your most obedient servant, 
JOHN SULLIVAN. 

The Fifth Provincial Congress, thus summoned for the 
special work of preparing a new form of government for the 
state of New Hampshire, land thus advised by one of its most 
competent and faithful citizens, was convened at Exeter 
December 21, 1775. 

First Constitutional Convention 1775-6. — On the 28th day 
of December, 1775, the fifth and last Provincial Congress of 
New Hampshire voted to "take up civil government, to con- 
tinue during the present contest with Great Britain, and re- 
solve themselves into a House of Representatives, and then 
choose a Council to continue one year from the 21st day of 
December current."* 

On the same day the following gentlemen were appointed 
a committee to frame and bring in a draft of a new consti- 
tution for the rule and government of this colony: 

Matthew Thornton, Meshech Weare, Ebenezer Thompson, 
Wyseman Claggett, and Benjamin Giles; 'and two days later 
John Giddings and Joseph Badger were added to the com- 
mittee. 

On the 5th day of January, 1776, the committee reported 
and the Congress passed the following vote: 

That this Congress take up civil government for this col- 
ony in manner and form following, viz.: 

1 From 7 N. H. Prov. Papers, 685-688. 

This letter as printed in Farmer and Moore's Collections, pp. 272-277, 
bears date Dec. 12 and has the following postscript: 

"P. S. Though I have mentioned thre€ yearB, I am much in favour of 
annual elections." 

2 7 N. H. Prov. Papers, 703-4. 



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M.A1NTJAL OP THE OONBTITUTION 69 

TEMPORARY CONSTITUTION.^ 

Ik Congress at Exeter, 

January 5, 1776. 

We, the members of the Congress of the colony of New 
Hampshire, chosen and 'appointed by the free suffrages of the 
people of said colony, and authorized and empowered by them 
to meet together, and use such means and pursue such meas- 
ures as we should judge best for the public good, and in par- 
ticular to establish some form of government, provided that 
measure should be recommended by the Continental Con- 
gress, and a recommendation to that purpose having been 
transmitted to us from the said Congress, have taken into our 
serious consideration the unhappy circumstances into which 
this colony is involved by means of many grievous and oppres- 
sive acts of the British Parliament, depriving us of our nat- 
ural and constitutional rights and privileges; to enforce obe- 
dience to which acts, a powerful fleet and army have been sent 
into this country by the ministry of Great Britain, who have 
exercised a wanton and cruel abuse of their power in destroy- 
ing the lives and properties of the colonists in many places 
with fire and sword, taking the ships and lading from many 
of 'the honest and industrious inhabitants of this colony em- 
ployed in commerce agreeable to the laws and customs a long 
time used here. 

The sudden and abrupt departure of His Excellency John 
Wentworth, Esq., our late Governor, and several of the Coun- 
cil, leaving us destitute of legislation; and no executive courts 
being open to puni«h criminal offenders, whereby the lives 
and properties of the hones»t people of this colony -are liable 
to the machinations and evil designs of wicked men; 

Therefore, for the preservation of peace 'and good order, 
and for the security of the lives and pronerties of the inhabit- 
ants of this colony, we conceive ourselves reduced to the 
necessity of establishing a form of government, »to continue 
during the present unhappy and unnatural contest with Great 
Britain; protesting and declaring that we never sougjht to 
throw off our dependence upon Great Britain, bu't felt our- 
selves happy under her protection while we could enjoy our 
constitutional rights and privileges, and that we shall re- 
joice if such a reconciliation between us and our parent state 
can be effected as shall be approved' by the Continental Con- 
gress, in whose prudence and wisdom we confide. 

1 8 N. H. state Papers, 2-4. 



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70 MAINUAL OF THE CX>NfiTITDTION 

Accordingly, pursuanit to the trust reposed in us, we do re- 
solve that this Congress assume the name, power, and author- 
ity of a House of Representatives, or Assembly, for the colony 
of New Hampshire; and that said house then proceed to 
choose twelve persons, being reputable freeholders and inhab- 
itants within this colony, in the following manner, viz., five 
in 'the county of Rockingham, two in the county of Straf- 
ford, two in the county of Hillsborough, two in the county of 
Cheshire, and one in the county of Grafton, to be a distinct 
and separate branch of the legislatiire by the name of a 
Council for this colony, to continue as such until the third 
Wednesday in December next, any seven of whom to be a 
quorum to do business. 

That such Council appoint their President; and in his ab- 
sence that the senior Councillor preside. 

That a Secretary be appointed by both branches, who may 
be a Councillor or otherwise as they shall choose. 

Thajt no act or resolve shall be valid and put into execu- 
tion unless agreed to and passed by both branches of the 
legislature. 

That all public officers for the said colony and each 
county for the current year be appointed by the Council and 
Assembly except the several clerks of the executive courts, 
who shall be appointed by the justices of the respective courts. 

That all bills, resolves, or votes for raising, levying, and 
collecting money originate in the House of Representatives. 

That at any session of the Council and Assembly neither 
branch shall adjourn for any longer time than from Saturday 
till the next Monday without consent of the other. 

And it is further resolved that if the present unhappy dis- 
pute with Great Britain should continue longer than this 
present year, and the Continental Congress give no instruc- 
tions or directions to the contrary, the Council be chosen by 
the people of each respective county in such manner as the 
Council and House of Representatives shall order. 

That general and field officers of the militia, on any va- 
cancy, be appointed by 'the two houses, and all inferior officers 
be chosen by the respective companies. 

That all officers of the army be appointed by the two 
houses, except they should direct otherwise in case of any 
emergency. 

That all civil officers for the colony and for each countv be 
appointed, and the time of their continuance in office be de- 
termined, by the two houses, except clerks of courts and 
county treasurers and recorders of deeds. 



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MAINUAL OF THE CONWriTUTiaN 71 

That a treasurer and a recorder of deeds for each county 
be annually chosen by the people of each county .respectively, 
the votes for such oflScers to be returned to the respective 
courts of general sessions of the peace in the county, there to 
be ascertained as the Council and Assembly shall hereafter 
direct. 

That precepts in the name of the Council and Assembly, 
signed by the President of the Council and the Speaker of the 
House of Eepresentatives, shall issue annually, at or before 
the first day of November, for the choice of a Council and 
House of Representatives, to be returned by the third Wed- 
nesday in December then next ensuing in such manner as the 
Council and Assembly shall hereafter prescribe. 

COLONY OF NEW HAMPSHIRE. 

BY THE OOTTNCIL ANT> ASSEIMBL.Y, Ai FROCLiAJM^ATION. 

Whereas, the Congress of this colony have, agreeable to a 
recommendation from the honorable Continental Congress, 
resolved on and formed themselves upon a plan of govern- 
ment by a Council and House of Representatives, which pLan 
has been published and dispersed through the colony, and is 
to be in force during the present dispute with Great Britain 
unless otherwise advised by the Continental Congress; con- 
formable to which said plan of government the Council and 
Assembly have chosen and appointed the proper officers for 
the administration of justice in the several counties, who are 
to be sworn to the faithful discharge of their several trusts, 
it is therefore expected that no person or persons claim or 
exercise any civil authority but such as are or may be ap- 
pointed as aforesaid, on the penalty of being deemed inimical 
to their country. 

Provided, nevertheless, and this proclamation is intended 
not to interfere with the power of the necessary committees 
of inspection or safety chosen in the several towns through 
fthe colony by virtue and in consequence of any recommenda- 
tion or resolves of the Continental Congress. 

Whereof all persons concerned are to take due notice, and 
govern themselves accordingly. 

And at the same time it is earnestly recommended that 
in this distressing day of public calamity, when our enemies 
«re watching all opportunities to ensnare and divide us, every 
one would strive to prevent, and, if possible, to quell all ap- 
pearance of party spirit, to cultivate and promote peace, 



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72 MAiNUAL OF THB CONSTITUTION 

union, and good order, and by all means in their power to dis- 
courage profaneness, immorality, and injustice. 

By order of the Council and Assembly at Exeter, the 19th 
day of March, Anno Domini 1776. 

M. WEARE, 

President of the Council. 
E. Thompson, Secretary. 

God save the people. 

Character of Government Formed. Chief Justice Joel Par- 
ker, commenting upon this form of government in Brewster 
V. Hough, 10 N. H., 143, said: 

The constitution of January 5, 1776, was not in fact a grant of 
power b3^ the people, or an instrument submitted to them for 
their sanction, but was a form of civil government adopted by 
a congress of representatives, elected by the inhabitants of the 
several towns in pursuance of the vote of a convention, and 
empowered to prosecute suoh measures as they should deem 
necessary for the public good during the term of one year.^ It 
provided for a form of government to continue during the con- 
test vvith Great Britain, and was aiterwards continued in force 
one year longer by the vote of the people. 

Associate Justice William M. Chase, in an address' deliv- 
ered at Concord November 2, 1902, more fully described the 
nature and effects of this temporary constitution, as well as 
the powers which were exercised under it. He said: 

It has been asserted that Virginia was the first of the col- 
onies to adopt a written constitution; but its convention did not 
assemble until May, 1776, and New Hampshire is entitled to that 
distinction. This constitution is very brief, containing only 
about nine hundred words, and nearly half of these are in the 
preamble. Its brevity is more apparent when it is compared 
with the present constitution, which contains nearly eleven 
thousand words. It 'dteals with few subjects only, and is very 
general in its terms. 

1 The fact that this constitution was never formally submitted to or rati- 
fied by the people was deemed by the inhabitants of the Connecticut river 
towns a sufficient reason for refusing to give allegiance to the Exeter gov- 
ernment. See State Builders, p. 18, 19, article by Albert S. Batchellor, 
Editor of State Papers of New Hampshire. 

' Published in Independent Statesman of Nov. 6, 1902, and republished in 
pamphlet form by order of the Constitutional Convention of 1902. 



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MANtTAL OP THE COBTSTITUTIOK 73 

It will be ii<oticed that there was no provision for separate 
executive and judicial departments of government, and that 
no restraints were placed upon the Council and Assembly in 
any direction. These two bodies had full power to exercise all 
the legislative, executive, and judicial functions of government. 
This was in acct^rdance with a theory of government then en- 
tertained by some of the leading men of the times. It is said 
that Franklin and Samuel Adams favored it; and the principle 
was adopted in the first constitutions of Pennsylvania and 
Georgia. 

This constitution was not submitted to the people; but, as has 
already been intimated, went into effect upon its adoption by 
the convention, the members of which were clothed with full 
authority for the purpose. Although adopted as a temporary 
measure, it continued in force until the first Wednesday of 
June, 1784, a period of nearly eight years and a half. The 
Council and Assembly while in session exercised executive au- 
thority; and at every adjournment they appointed a committee 
of safety, consisting of from six to sixteen persons, to act dur- 
ing the recess. By an act passed July 5, 1776, they established 
courts of law. They changed the name from the Colony of 
New Hampshire to the State of New Hampshire September 19; 
and early in the next year, to remove all doubts on the sub- 
ject, they re-established the general system of laws that was 
in force when the constitution was adopted, in so far as the 
laws were not repugnant to the provisions of the constitution. 

During the existence of this constitution the legislature 
raised money by taxation and loans, and apportioned it to pub- 
lic uses, and passed laws relating to marriages, the care of 
paupers, the regulation of highways, the establishment and 
regulation of the militia, the punishment of crimes, in short, 
acted upon all subjects that required legislative action. The 
statutes so passed covered more than three hundred quarto 
printed pages. The maintenance of civil government under a 
fundamental law so incomplete, imperfect, and weak as was 
this constitution for so long a period, during which the stress 
and demoralization attending a war of revolution existed, shows 
that the people generally recognized and respected the rights 
of individuals, and were able to control their ambitions and 
jealousies for the common good. Notwithstanding they had re- 
belled against the existing government they were a law-abiding 
people. 



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74 MiUNTJAL OP THE OONSTITDTION 

NEW HAMPSHIRE DECLARATION OP INDEPEN- 
DENCE. 

On the 11th day of June, 1776, the New Hampshire House 
of Representatives passed the following vote: 

"That Samuel Cutts, Timothy Walker, and John Dudley, 
Esqrs., be a committee of thisi House, to join a committee of 
the honorable board, to make a draft of a declaration of this 
General Assembly for independence of the United Colonies on 
Great Britain/^ 

In CotHNOiL^ Jtinb 11, 1776. 

"A vote appointing Sam^ Cutts, Timothy Walker, and 
John Dudley a committee, with such as the board should join, 
to make a draft of a declaration of the General Assembly for 
independence of the United Colonies on Great Britain 
brought up, read, and concurred with this amendment, that 
the committee prepare a draft setting forth the sentiments 
and opinion of the Council and Assembly of this colony rela- 
tive to the United Colonies forming themselves into indepen- 
dent states, in order that when passed the same may be trans- 
mitted to our delegates at fthe Continental Congress, and that 
Messrs. HuixJ, Claggett, and the Secretary^ be added to the 
committee.^'* 

Jtjots 15, 1776. 

"The committee of both houses, appointed to prepare a 
draft setting forth the sentiments and opinion of the Council 
and Assembly of this colony relative to the United Colonies 
setting up an independent state, made report as on file, which 
report being read and considered, voted unanimously that the 
report of said committee be received and accepted, and that 
the draft by them brought in be sent to our delegates at the 
Continental Congress forthwith as the sense of this House .^' 

INIDEPENDEWCE.' 

The draft made by the commdttee of both houses relating 
to independency is as follows, viz. : 

Whereas it now appears an undoubted fact that, notwith- 
standing all the dutiful petitions and decent remonstrances 

^ Ebenezer Thompeon. 

* 8 N. H. State Papers, 138-9. 

»8 N. H. StaLte Pap€a-s, 149-50. 



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MAINTJAL OF THE CONSTITUTION 75 

from the American colonies, and the nihnost exertions of their 
best friends in England on their behalf, the British ministry, 
anbitrary and vindictive, are yet determined to reduce by fire 
and sword our bleeding country to their absolute obedience; 
and for this purpose, in addition to itheir own forces, have 
engaged great numbers of foreign meircenaries who may now 
be on their passage here, accompanied by a formidable fleet, 
to ravage and plunder the seacoast; from all which we may 
reasonably expect the most dismal scenes of distress the en- 
suing year, unless we exert ourselves by every means and pre- 
caution possible; an<d whereas we of this colony of New 
Hampshire have the example of several of the most respecta- 
ble of our sister colonies before us for entering upon that 
most important step of a disunion from Great Britain, and 
declaring ourselves free and independent of the Crown there- 
of, being impelled thereto by the most violent and injurious 
treatment; and it appearing absolutely necessary in this most 
critical juncture of our public affairs that the honorable the 
Continental Congress, who haVe ithis important object under 
their immediate consideration, should be also informed of our 
resolutions thereon without loss of time, we do hereby declare 
that it is the opinion of this Assembly that our delegates at 
the Continental Congress should be instructed, and they are 
hereby instructed, to join with the other colonies in declaring 
the thirteen United Colonies a free and independent State, 
solemnly pledging our faith and honor that we will, on our 
parts, support the measure with our lives and fortunes; and 
that, in consequence thereof, they, the Continental Congress, 
on whose wisdom, fidelity, and integrity we rely, may enter 
into and form such alliances as they may judge most condu- 
cive to the present safety and future advantage of these 
American colonies; provided the regulation of our internal 
police be under the direction of our own Assembly. 
Entered according to the original. 

Att:— ISrOAH EMERY, 

CVc, H, Reps. 

PREPARATION FOR ANOTHER CONVENTION.' 

In the Hotisei op Re^rbsieintatives. 

December 27, 1777. 
Voted that it be recommended to the several towns, par- 
ishes, and places in this state, if they see fit, to instruct their 

1 8 N. H. state Papers, 757-774. 



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76 MAKUAIi 0¥ THE CONSTITUTION 

Kepresenijatives at the next session to appoint and call a full 
and free representation of all the people in this state, to meef 
in convention at such time and place as shall be appointed 
by ithe General Assembly, for the sole purpose of framing and 
laying a permanent plan or system for the future government 
of this state. 

There is no record that this vote was received and acted on 
by the Council. 

In the House op Rbprbsentatives. 

February 20, 1778. 
Voted that this house resolve themselves into a committee 
of the whole to join the honorable boarcH, if they see fit, to 
consider of the confederation formed by the honorable the 
Continental Congress, and also of the calling a full and free 
representation of all the people of this state for the sole pur- 
pose of forming a permanent plan or system for the future 
government of this state. 

Fbbruaby 25, 1778. 

According to order of the day, the committee of both 
houses being met in the Assembly chamber to consider of the 
matter and manner of calling a full and free representation of 
all the people in this state for the sole purpose of forming 
and laying a permanent plan or system for the future gov- 
ernment of this state, — 

The Honorable Meshech Weare, Esq., in the chair, pro- 
ceeded to consider of the matters to them referred, and after 
some time spent thereon, the committee agreed to report that 
a full and' free representation of all the people of this state 
be called as soon as conveniently may be for said purpose. 

That the convention be on the second Wednesday in June 
next; that they meet at Concord in this state. 

That each town, parish, or precinct sending a member or 
members to said convention pay their own members for their 
time and expense. 

That when the said convention have formed such plan of 
government they lay the same before their constituents for 
their approbation before the same shall take effect; that such 
plan shall not take effect until three quarters of the people 
of this state shall consent thereto. 

The committee then adjourned to 3 o'clock p. m. 



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MAINTIAL OF THE OONSTITUTION 77 

Wbdjtbbday, g5th, P. M. 

The committee met according to adjournment, and pro- 
ceeded to the business to them referred, and, after some time 
spent thereon, agree further to report that the foregoing 
articles of direction be not recommendatory, but directory; 
and that precepts issue to each town, parish, and district in 
this state, if they see fit, to send one or more members to the 
said convention, saving .to any two or more towns, parishes, 
or districts, if they see fit, to join together in electing and 
sending one member to represent them in said convention. 

The committee then dissolved, and the Speaker resumed 
the chair, and the above report being read and considered, 
voted that the same be received and accepted. 

In Council Mauch 4, 1778. 

Vote to accept the report of the committee of both houses 
for calling a convention to meet at Concord to form a new 
system of government brought up, read, and concurred. 

Second Constitidional Convention, 1^78, — This convention 
met in accordance with the foregoing vote at Concord the 
second Wednesday in June, 1778. "Meshech Weare was 
chosen President and Ebenezer Thompson, Secretary." 

No copy of the journal of this convention is known to be 
in existence. Mr. 6. Parker Lyon compiled from town rec- 
ords a list of the delegates. From this list it seems that 
about ninety towns were represented by seventy-four dele- 
gates. Among the more prominent members were John 
Langdon of Portsmouth; Nathaniel Folsom and John Pick- 
ering of Exeter; Matthew Thornton of Londonderry; John 
Dudley of Raymond; John McClary of Epsom; Timothy 
Walker of Concord; Joseph Badger of Gilmanton; Timothy 
Farrar of New Ipswich; and John Bell of Londonderry. 

The following letters' from Samuel Philbrick of Kingston, 
who was a member of this convention, addressed to Hon. 
Josiah iBartlett, Esq., member of Congress at Yorktown, give 
the fullest account now known of the proceedings of the first 
session of this convention. Though the earlier letter is un- 

^ Manuficript Tolume of correspondence of Hon. Joelah Bartlett in library 
of Dartmouth College. 



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78 MAINUAL OF THE OONSTITUTIOX 

signed', it is in the same handwriting, and upon the reverse 
side of the sheet on which the later signed letter is written. 

June 10, 1778. 

The Convention met at Concord and made choice of the 
Hon. M. Wejgure as their President and the Hon. E. Thomp- 
son, Clerk, and after adopting some rules for the government 
of the members, first, voted that they would proceed to frame 
a plan of government, secondly, voted -that there shall be a 
Bill of Eights, thirdly, after a long and tedious debate, voted 
by a great majority that the legislative authority shall be 
lodged in two branches known by the name of the Council 
and Assembly of the State of New Hampshire. Fourthly, 
voted that each town consisting of one hundred famiHes 
shall have a right to choose a representative, and the large 
towns in that proportion, and that the small towns shall be 
coupled until they arrive to that number, and then they shall 
have an equal right to send by themselves, all which was 
largely disputed and went heavily, etc. Fifthly, voted that 
each town or district that shall send a representative shall 
pay their own member. Sixthly, voted that the Council shall 
consist of twelve members, and be chosen in each county by 
the inhabitants thereof in proportion to the number of in- 
habitants in each of said counties, supposing it will be in the 
same proportion as we now choose. 

Voted that every person paying taxes shall be a legal voter. 
Voted that every person that is elected in either house shall 
have an estate that is worth at least two hundred pounds, 
one half real. Voted that no person shall be chosen as a 
member of the Assembly until he has been an inhabitant of 
the town or district that elects him ojie year at leasit before he 
is elected. Voted that no person shall be elected to serve in 
either house or appointed into any executive or judici'al office 
but such as profess the Protestant religion. Voted that the 
Council and Assembly shall be chosen annually. Voted that 
those towns that used to send a member or members under 
the British Government retain their former privileges. This 
vote went heavily. Voted that ithe supreme executive au- 
thority shall not be wholly separated ifrom the legislative. 
This was argued almost two half days, a large number insist- 
ing upon having the supreme executive authority lodged in 
one man with the advice of a Privy Council, and some few 
that it is most proper to be lodged in one man only, he to be 
elected annually, but the greater number that it is most safe 
in the hands of the Council and Assembly. In a particular 



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MANTJAI* OP THE CONSTITUTION 79 

manner to appoint the Secretary and judges of the superior 
and inferior courts, etc. 

Having proceeded thus far it was thought advisable to 
choose a committee to frame the plan of government, and 
accordingly voted that the Hon. M. Weare, Hon. M. TTiom- 
ton, Hon. T. Walker, Hon. J. Langdon, & N. Peabody, Esqrs., 
Rockingham ; the Hon. E. Thompson and S. Livermore, Esq., 
Strafford; Col. M. Nichols and S. Farrier, Esqrs., Hillsbor- 
ough; Hon. S. Ashley and B. Giles, Esqs., Cheshire, and one 
Mr. Hovey, of the county of Grafton; be the committee for 
the above purpose. 

Then voted to adjourn to the 13th day of next October, 
then to meet at Concord, etc. 

Thus I have given Your Honor a short sketch of what 
passed in the Convention, etc. 

Dear Sir; 

I have taken this opportunity of giving you the earliest in- 
formation of what the convention of this state have done rel- 
ative to framing a plan of government, and I should be very 
glad if your Honor would make such remarks on any or all 
the votes as you in your wisdom shall think ought to be 
altered' and favor me with the same before the convention 
meets again to receive the form or plan of government from 
the Committee. * * * 

I remain. 

Your most obedient and very humble servant, 
SAMUEL PHILBRICK, 

Kingstown 
To June 17, 1778. 

The Hon. Josiah Bartlett, Esq. 

^^1779, June 5th, this convention completed a constitution, 
chose a committee (Col. Thornton and Col. Bartlett), Ho get 
this constitution printed, and transmit two or more copies of 
the same to each and every town to which precepts were 
sent, and publish the same in the New Hampshire news- 
papers.^ Returns were ordered to be made, ^of the number of 
voters present 'at such meeting, and how many voted for re- 
ceiving said plan, and how many for rejecting the same, unto 
this convention at Concord, in this state, on the third Tues- 
day in September next.'" The constitution thus proposed 
was signed by John Langdon, Pres. pro tem., and E. Thomp- 
son, Sec. 



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80 MANUAIi OF THE OON8TITUTION 

This convention reassembled at Concord on the day above 
named, examined the votes, and found the result a total re- 
jection of the new-formed constitution; «ind the convention 
dissolved itself from any further proceedings in the for- 
mation of a constitution.^ The following was the plan of 
government submitted to the people by this convention and 
rejected: 

A DECLAEATION OF BIGHTS 

iLND PIiAiK OF fGOVERNlMUNT FOR THE STATE OF NEW HA'MP- 

BHIBE. 

Whereas, by the tyrannical administration of the govern- 
ment of the King and Par'liament of Great Britain, this state 
of New Hampshire, with the other United States of America, 
have been necessitated to reject the British government and 
declare themselves independent states; all which is more 
largely set forth by the Continental Congress in their resolu- 
tion or declaration of the fourth of July, A. D. 1776; 

And whereas it is recommended by the said Continental 
Congress to each and every of the said United States to estab- 
lish ^a form of government most conducive to the welfare 
thereof; 

We, the delegates of the said state of New Hampshire, 
chosen for the purpose of forming a permanent plan of gov- 
ernment, subject to the revisal of our constituents, have com- 
posed the following declaration of rights and plan of govern- 
ment, and recommend the same to our constituents for their 
approbation: 

A DECLARATION OF THE RIGHTS OF THE PEOPLE OF THE: STATE 
OF NEW HAMI^HTRE. 

First, We declare that we, the people of the state of New 
Hampshire, are free and independent of the Crown of Great 
Britain. 

Secondly. We, the people of this state, are entitled to life, 
liberty, and property, and all other immunities and privileges 
which we heretofore enjoyed. 

Thirdly. The common and statute laws of England 
adopted and used here, and the laws of this state (not incon- 
sistent with said Declaration of Independence) now are and 

1 The above facts are gleaned from 9 N. H. State Papers, and from the 
New Hampshire Register for 1852. 



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yiAmJAh OP THE OONOTITUnON 81 

shall be in force "here for the welfiare and good government 
of the state, unless the same shall be repealed or altered by 
the future legislature thereof. 

Fourthly. The whole and entire power of government of 
this state is vested in and must be derived from the people 
thereof, and from no other source whatsoever. 

Fifthly, The future legislature of this state shall make 
no laws to infringe the rights of conscience or any other of 
the natural, unalienable rights of men, or contrary to the laws 
of God, or against the Protestant religion. 

SixMy, The extent of temtory of this state is and shall 
be the same which wasi undler the government of the late 
Governor John Wentworth, Esq., Governor of New Hamp- 
shire; reserving, nevertheless, our claim to the New Hamp- 
shire Grants, so called, situate to the west of Connecticut 
river. 

Seventhly. The right of trial by jury in all cases, as here- 
tofore used in this state, shall be preserved inviolate forever. 

A PLA2T OP OOVERINIMENT FOB TKE STATE OP NEW HAMPSHIRE. 

First. The state of New Hampshire shall be governed by 
a Council and House of Kepresentatives, to be chosen as here- 
inafter mentioned, and to be styled the General Court of the 
State of New Hampshire. 

Second, The Council shall consist for the present of 
twelve members, to be elected out of the several counties in 
the state in proportion to their respective number of inhabi- 
tants. 

Third, The numbers belonging to each county for the 
present, according to .said proportion, being as followeth, viz.: 
to the county of Rockingham, five; to the county of Straf- 
ford, two; to the county of Hillsborough, two; to the county 
of Cheshire, two; to the county of Grafton, one. 

Fourth, The number for the county of Rockingham shall 
not be increased or diminished hereafter, but remain the 
same; and the numbers for the other counties shall be in- 
creased or diminished as their aforesaid proportion to the 
county of Rockingham may chance to vary. 

Fifth, The House of Representatives shall be chosen as 
follows: every town or parish choosing town officers, amount- 
ing to one hundred families and upwards, shall send one Rep- 
resentative for each hundred families they consist of (or such 
lesser number as they please), or class themselves with some 



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82 MAINUAIi OF THE OONftTlTUTION 

other towns or parishes that will join in sending a Kepresen- 
tative. 

Sixth, All other towns and parishes under the number of 
one hundred families shall have liberty to class 'themselves 
together to make the number of one hundred families or up- 
wards, and, being so classed, each class shall send one Repre- 
sentative. 

Seventh, The number of Councillors belonging to each 
county shall be ascertained and done by the General Court 
every time there is a new proportion made of the state tax, 
which shall be once in seven years ait the least, and oftener if 
need be. 

Eighth. All the male inhabitants of the state of lawful 
age, paying taxes, and professing the Protestant religion, shall 
be deemed legal voters in choosing Councillors and Represen- 
tatives, and having an estate of three hundred pounds, equal 
to silver at six shillings and eight pence per ounce, one half 
at least whereof to be real estate, and lying within this state, 
with the qualifications aforesaid, shall be capable of being 
elected. 

Ninth, The selectmen of each respective town and parish 
choosing town officers, containing one hundred families or up- 
wards, and also of each respective class of towns classed to- 
gether as aforesaid, shall notify the legal voters of their 
respective towns, parishes, or classes, qualified as aforesaid, in 
the usual way of notifying town meetings, giving fifteen days^ 
notice at least, to meet at some convenient place on the last 
Wednesday of November annually, to choose Councillors and 
Representatives. 

Tenth. And the voters being met, and the moderator 
chosen, shall proceed to choose their Representative or Rep- 
resentatives required by this constitution by a majority of 
the voters present, who shall be notified accordingly, and a 
return thereof made into the Secretary's office by the first 
Wednesday of January then next. 

Eleventh. And such Representatives shall be paid their 
wages by their constituents, and for their travel by the state. 

Twelfth. And in the choice of Councillors each voter shall 
dleliver his vote to the moderator for the number of Council- 
lors respectively required, with the word Councillors written 
thereon, and the voter's name indorsed to prevent duplicity. 
Thirteenth. These votes shall be sealed up by the moder- 
ator, and transmitted by the constable to one of the justices of 
the inferior court of common pleas for the county before the 
second Wednesday in December next following. 



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MAmJAL OF THE CONSTITUTION 83 

Fourteenth. And the said justices of the inferior court 
shall meet together on the said second Wednesday of Decem- 
ber annually 'to count the votes, and the persons that have 
most votes to the number of Councillors required shall be de- 
clared duly elected, and shall be notified by the said justices 
(accordingly, and a return thereof shall be made by them into 
the Secretary's office by the first Wednesday in January annu- 
ally. 

Fifteenth. And in case any -two persons shall have a like 
number of votes the said justices may determine the choice in 
favor of which they please. 

Sixteenth. The Council and House of Representatives so 
chosen and returned a's aforesaid shall meet on the first 
Wednesday in January next after their being chosen, at such 
place as the present or future General Court may from time 
to time appoint; and, being duly sworn, shall hold their re- 
spective places until the first Wednesday in January then 
next. 

Seventeenth. The Council shall choose their President, 
Vice-President, and Secretary; and the House of Representa- 
tives shall choose their Speaker and Clerk. 

Eighteenth. The Council and House of Representatives re- 
spectively shall determine all disputed elections of their own 
members, regulate their own proceedings, and, on any va- 
cancy, order a new election to fill up such vacancy. 

Nineteenth. The said General Court, elected and consti- 
tuted as aforesaid, shall be invested with the supreme power 
of the state. And all acts, resolves, or votes, except grants 
of money, lands, or other things, may originate in either 
house; but such grants shall originate in the House of Repre- 
sentatives only. 

Twentieth. The ^aid Council and House of Representa- 
tives respectively shall have power to adjourn themselves 
from day to day, but not longer than 'two days at any one 
time without concurrence of the other. 

Twenty-first. The President of the Council shall hold 
public correspondence with other states or persons; call the 
Council together when occasion shall require; and with advice 
of three or more of the Council shall, from time to time, 
call the General Court together, if need be, before the time 
they were adjourned to; and also point out the principal 
business of their session. 

Twenty-mxmd. The military and naval power of the state 
shall be regulated, and all proper officers thereof appointed, 
as the legi^ature by kw shall direct from time to time. 



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84 MAiNTJAL OF THE CONSTITUTION 

Twenty-third, The judges of the superior and inferior 
courts, judges of probate, judge of admiralty, judge of the 
maritime court, justices of the peace, sheriffs, coroners, at- 
torney-general, treasurer of the state, and delegates to the 
Continental Congress, shall be appointed bv the said General 
Court, and commissioned by the President of the Council. 

Twenty-fourth, The appointment of registers of deeds, 
county treasurers, clerks of courts, registers of probate, and 
all other civil officers whatsoever, not before mentioned, shall 
be regulated by the lawe that now are or that hereafter inay 
be enacted. 

Twenty-fifth, All civil officers of the state shall be suita- 
bly compensated by fees or salaries for their services. 

Twenty-sixth. JSTo member of the General Court shall be 
judge of the superior court or inferior court, judge or regis- 
ter of probate, or sheriff of any county, or treasurer of the 
state, or attorney-general, or delegate at the Continental Con- 
gress. 

Twenty-seventh. And no member of the Council, judge of 
the superior court, or sheriff, shall hold a commission in the 
militia, army, or navy of this state. 

Twenty-eighth, No member of the House of Representa- 
tives shall hold any salary under the government. 

Twenty-ninth. The President of the Council, with advice 
of Council, may grant reprieves not longer than six months, 
but the General Court only shall have power to pardon of- 
fences against the state. 

Thirtieth. A quorum of th-e 'Council and a quorum of the 
House of Representatives shall consist of a majority of each 
house. 

Thirty-first. This declaration of rights and plan of gov- 
ernment shall have the force of law and be esteemed the fun- 
damental law of the state. 

Thirty-second. The G^eneral Court shall have no power to 
alter any part of this constitution. In ease they should con- 
cur in any proposed alteration, amendment, or addition, the 
same being agreed to by a majority of the people, shall be- 
come valid. 

Third Constitutional Convention of 17 81-17 8S, — On March 
28, 1781, the House of Representatives voted: 

"That a Convention of Delegates from the several Towns & 
places in this State be called in order to settle a Plan of Gov- 
ernment for s^ State, & that said Convention be held at Con- 



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MAttOJAI, OP THE OONflrEirUTION 85 

cord in the State aforesaid on the first Tuesday of June next, 
at three o'clock in the afternoon." 

"That Mr. Batcheldor, Mr. Foster, & Col° Mooney, with 
such of the Hon*** Board as they shall join, be a Committee 
to draft the form of a Precept to be sent to the several Towns 
& places in this State for calling a Convention to settle Ja 
plan of Government for s* State, & lay the same before this 

House Concurred, and Mr. Clagett & Mr. Oilman 

joined.'' 

A little over a week later, on April 6, the House, by a yea 
and nay vote of 31 to 15, passed the following act: — 

"Whereas the present situation of affairs in this State make 
it necessary that a full & free Representation of the Inhab- 
itants thereof should meet in Convention for the sole purpose 
of forming & laying a permanent Plan or system of Govern- 
ment for the future happiness and well being of the good peo- 
ple of this Staie, and this house having received instructions 
from a considerable part of their constituents for that pur- 
pose; therefore: 

"Voted & Resolved, That 'the Honourable the President 
of the Council issue to every Town, Parish & District within 
that part of this State East of Connecticut River, a Precept 
recommending them to elect and choose one or more persons 
as 'they shall judge it expedient, to convene in Concord in 
said State on the first Tuesday of June next for the purpose 
aforesaid — saving to the small Towns liberty to join two or 
more together if they see fit, to elect & send one person to 
represent them in said Convention. 

"And such system or form of Government as may be agreed 
upon by such Convention being printed 'and sent to each and 
every town. Parish and District in this State for the approba- 
tion of the people: — which System or Form of Government 
being approved by such number of the Inhabitants of this 
State in their respective town meetings legally called for that 
purpose, as shall be ordered by said Convention, and a return 
of such approbation being made to siaid Convention, and con- 
firmed by them, shall remain as a permanent system or form 
of Government of this State, and not otherwise: And if the 
first proposed System or form of Government should be 
rejected by the People, that the same Convention shall be 
empowered to proceed and make such amendment and altera- 
tions from time to time as may be neceseaiy — Provided 
always that after such alterations, the same be sent out for 



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86 MANUAL OP THE (X>NfiTITTJTION 

the approbation of the People in manner as aforesaid, & that 
the charge & expense of Such Convention be defrayed by 
their respective electors." 

The Council concurred in this vote on the following day. 

Pursuant to the foregoing vote and precept issued a con- 
vention of delegaites to revise the constitution of New Hamp- 
shire met at Concord on the first Tuesday of June, the fifth 
day of the month, 1781.^ Tradition assigns the place of 
meeting to a hall above the store of John Stevens, Esq. 

The convention was organized by the election of George 
Atkinson of Portsmouth as President, and Jonathan Mitchell 
Sewall, also of Portsmouth, as Secretary. John Sullivan acted 
as Secretary pro tem. in at least one session in 1782, and 
Nathaniel Folsom, as President pro tem. in 1783. The mem- 
bership, as far as it is known,, has been compiled from town 
records by Mr. G. Parker Lyon, who published a list in the 
New Hampshire Begister for 1852, pp. 22-25, of which he was 
editor. This list, which Dr. Bouton accepted as approxi- 
mately correct, shows an attendance of only 54 members.* 
Eleven towns voted specifically not to send delegates, while 
ninetee;i others failed to send any for reasons stated. The 
Connecticut river towns, then disaffected, were not repre- 

^ Authorities differ as to date af the first session of the conyention. The 
convention was called for the first Tuesday in June, 1781. Bouton in his 
History of Concord, Mr. Lyon in the N. H. Register for 1852, and the editor 
of the N. H. Manual of the Genera.1 Court for 1889 tail accept this date as 
the correct one. On the other hand the version of the constitution pro- 
posed in 1781 given in the Town Papers, v. 9, appendix, is preceded by the 
words ". . . in convention, begun and held at Concord, on the second 
Tuesday of June, 1781." 

* The apparent apathy of many of the towns to the Importance of elect- 
ing delegates to the convention led it to issue an address to the public, 
published In the N. H. Gazette (Portsmouth), March 2, 1782. of which the. 
following is an extract: "And whereas the major part of the towns thro' 
the state have hitherto neglected the choosing and sending Delegates to 
said Convention, agreeably to the Precepts Issued by the General Assembly 
of said State — And Whereas it Is of the highest Importance that there 
should be a full and free representation of the people in said Convention, 
to advise, deliberate, and determine on a matter of such moment to them- 
s^elves and posterity; and it having been also recommended by the General 
Assembly — The Convention therefore earnestly request all such towns as 
have hitherto neglected, to neglect no longer, but to proceed to choose and 
send to said Conventioo, one or more members as they shall Judge best, 
and those towns that have already sent, to add other members if they shall 
think it expedient, or promotive of the general advantage." 



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MANUAL OF THE OONSTITUTION 87 

eented. Besides the above mentioned officers may be named 
among 5the more prominent delegates, John Langdon, Ammi 
Ruhami Cutter, and John Pickering, of Portsmouth, John 
Taylor Gilmian of Exeter, Timothy Walker, Jr., of Concord', 
John Dudley of Eaymond, Jofhn McClary of Epeom, Otis 
Baker and Joshua Wingate of Dover, and. Ebenezer Webster 
of Salisbury. 

Unfortunately the journal of this convention was not pre- 
served, and consequently the records of its proceedings are 
very meager. The work of the convention, itherefore, must 
be judged largely by its product, the two rejected constitu- 
tions, with their accompanying addresses to the people, and 
the third constitution, which met with the approval of the 
people and was accepted. In addition to this, however, there 
may be found in the New Hampshire Register for 1852 a 
sketch of the convention which the editor compiled from a 
bound volume of these consti'tutions formerly belonging to 
Gov. William Plumer. 

It appears that the convention, after having been in session 
a few days, appointed a committee, of which Nathaniel Pea- 
body of Atkinson and Plaistow was chairm<an,* to draft a con- 
stitution, and then adjourned un^il September 14. On this 
date it met according to adjournment, agreed upon a form 
for a constitution,* and ordered 700 copies printed and dis- 
tributed throughout the state. A two-thirds vote was re- 
quired for acceptance of the constitution; and in ease of 
rejection, either entire or in part, towns were requested to 
state their reasons for sfuch action.' In many instances com- 

^ See sketch of Gen. Nathaniel Peabody in Biographical and 'Other Articles, 
p. 140, by William C. Todd. 

' An Address of the Convention for Framing a New Constitution of Got* 
emment for the State of New-Hampshire, to the Inhabitants of Said State. 

New -Hampshire: Printed, and to be Sold, at the Printing-Offlce in Ports- 
mouth and Exeter. MDCCLXXXI. 

[Constitution, pp. 17-62. Original in N. H. State Library.] 

" In a notice published March 2, 1782, in the N. H. Gazette, pursuant- to 
a resolution of the convention, and signed by President Atkinson and Sec- 
retary Sewall, towns were requested "to send their votes respecting the 
Plan of Government lately sent out for their inspection and revision, to 
the President or Secretary of said Convention, specifying all their objections 
and proposed amendments, with the number of votes for and against each 
article." 



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88 MANUAL OF THE OONSTITDTION 

mittees were chosen by the towns to draft their reasons, and 
a member of the committee was appointed to present them to 
the convention. This session was adjourned to the fourth 
Wednesday of January, 1782. 

Upon the convening of the third session "according to ad- 
journment it was found thtat the proposed constitution had 
been rejected. The convention then adjourned until the 
third Wednesday, the 21st of August following, and during 
this session a new form of consti'tution^ was drafted, of which 
800 copies were printed and submitted to the people. This 
was again accompanied by a request that towns voting to 
reject the whole or any part of the constitutiofii should defi- 
nitely state their reasons therefor. It was then voted to 
adjourn to the last Tuesday of December, 1782. At the 
convening of this session it was found that the second pro- 
posed form of constitution had been rejected. An adjourn- 
ment was therefore made until the first Tuesday of June, 
1783. At this session a third form of constitution was 
drafted and submitted to the people, and, as previously 
described, in case of rejection, reasons therefor were 
requested. The convention thereupon adjourned until Octo- 
ber 31, 1783, and being duly convened on this day found that 
the constitution had been accepted. 

The above facts, gleaned from Governor Plumer's volume, 
seem to show that seven sessions were held. Dr. Belknap, in 
his History of New Hampshire, however, states that there 
were "no less than nine sessions."* The whole time from the 
beginning of 'the first session until the constitution was de- 

^ An address of the Conyention for Framing a New Constitution or Form 
of Oovemment for the State of New-Hampshire, to the Inhabitants of Said 
SUte. 

Exeter. New-Hampshire: Printed in the Year M.DCG.LXXXII. 

[Constitution, pp. 17-62. Original in N. H. SUte Library.] 

An Address of the Convention for Framing a Constitution of Oovemment 
for the People of New-Hampshire, to the Freemen Thereof, Voted at their 
last Meeting, viz. on the First Tuesday of June 1783. 

Printed at Portsmouth. M,DCC,LXXXIII. 

[The draft of the constitution to accompany this address was printed in 
a separate pamphlet. Both are in the N. H. State Library.] 

' Belknap's History of N. H.. vol. 2. p. 436. 



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MAlNTTAIi OP THE CONSTITUTION 89 

clared accepted was two years, four months, and twenty-six 
days. 

The form of constitution finally adopted was modeled very 
closely after the Massachusetts constitution of 1780, of which 
Dr. Belknap remarks that it "was supposed to he an improve- 
ment on all which had been framed in America.''^ Massachu- 
setts was undoubtedly regarded as a leader among the colo-. 
nies, and her constitution had the added recommendation of 
coming from the pen of John Adams. The New Hampshire 
constitution provided for a smaller Council than that of Mas- 
sachusetts, and chosen in a different manner. There was a 
slight difference in the basis of representation; for, while one 
Bepresentative was allowed, as in (Massachusetts, to one hun- 
dred and fifty ratable polls, an additional three hundred 
was required) for every additional Representative, the Massa- 
chusetts constitution requiring in a similar case but two 
hundred and twenty-five polls. The declaration of religious 
belief, and of possession of property, required by the Massa- 
chusetts constitution of 1780 (Ch. 6, Art. 1), was omitted by 
the New Hampshire instrument. There were some other va- 
riations of minor importance, such as dates, due probably to 
convenience and local conditions. Many explanatory clauses 
present in the Massachusetts constitution were relegated to 
the address to the people by the New Hampshire convention, 
and consequently the New Hampshire constitution is more 
simple and* direct in its mode of expression. 

Authorship of Constitution and Comparison of its Three 
Drafts. Associate Justice William M. Chase, in the interest- 
ing and valuable address previously cited, referring to . the 
authorship 'of this constitution, and comparing its three suc- 
cessive drafts, said: 

The first draft of the constitution of 1784, which was the 
basis of the other two, was niodeled after the constitution 
adt>pted by the people of Massachusetts in 1780. In fact, the 
most of its provisions were copied from that constitution al- 
most word for word. The authorship of the Massachusetts con- 
stitution is therefore a matter of special interest to us. 

1 BelknaR'e History of V. H., vol. 2, p. 485. 



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90 HANVAIj of THB OONBTITUTION 

The original draft of that constitution was prepared by John 
Adams, and but few changes were made in it prior to its 
adoption by the people. Qovernor BullockS in an address be- 
fore the American Antiquarian Society in 1881, said concerning 
Mr. Adams's qualifications for this work: "As constitutionalist 
and publicist all other men of his day came at long interval 
behink} him. Madison and Hamilton were a development of 
the ten years which followed the full nsanifestation of his 
powers. Beyond all his associates in mastery of the whole 
subject of government, grasping and applying the lessons of 
historical studies with a prehensile power at that time un- 
precedented on this continent, and adding to them the original 
conceptions of a mind of the highest order, he proved of all 
his contemporaries fittest for constitutional architecture. Hav- 
ing discerned, five years before, in advance of everybody, the 
solution of independence in directing the colonies to establish 
local governments, he became doctrinaire to the delegates at 
Philadelphia. In the confusion and chaos of thought relating 
to these subjects which brooded over their minds, his counsel 
was sought by delegates from North Carolina, from Virginia, 
from New Jersey, to each of whose delegations he furnished 
formulas of state government; and when he came to the front 
in the preparation of a constitution for his own state his minid 
was already stored for the emergency. His share in framing 
our own government, and his subsequent writings in defense 
of the general system ado|)ted by the American states, in refuta- 
tion of the theories of M. Turgot — this defense being published 
just in time to bear upon the question of the adoption of the 
constitution of the United States — furnish sufficient excuse, 
if, indeed, excuse were needed, for his boastful declaration, 
found in the Warren correspondence ♦ ♦ ♦ *i made a consti- 
tution for Massachusetts which finally made the constitution 
of the United States.* " 

It certainly is not discreditable to the New Hampshire con- 
vention that they availed themselves of the fruits of this mas- 
terly mind'. 

The first part of each constitution prepared by this conven- 
tion consisted of a bill of rights containing 38 articles, and was 
substantially the same in the three drafts. The rights and 
principles declared in it are the fruitage of history. It would 
be unnecessary to assert many of them at the present day in 
a plan of government, for they would be recognized and re- 
spected without such assertion. It was probably unnecessary 
to declare some of them at that time; but, suffering as the 
people of the state and their ancestors had from the denial of 

1 Bullock's Addresses, pp. 310-311. 



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MANUAL OF THE OaNfiTITDTION 91 

rights which were natural anid* inherent, they thoug-ht it prudent 
to guard them explicitly from future encroachment. They 
founded their government in the consent of the governed. They 
recognized the fact that in giving consent and entering into 
government the people must surrender some of the rights they 
might otherwise enjoy, in order to protect others* rights; but 
they attempted to limit the surrender to the absolute require- 
ments of the change. Some of the rights declared are traceable 
to the great charter of King John, granted in 1215. Articles 14 
and 15 correspond with articles 39 and 40 of that charter, which 
were as follows: 

39. No freeman shall be taken, or imprisoned, or dismissed, 
or outlawed, or banished, or any ways destroyed, nor will we 
pass upon him, nor will send upon him, unlesss by the lawful 
judgment of his peers, or by the law of the land. 

40. We will sell to no man, we will not deny to any man, 
either justice or right. 

The sixth article, recognizing the dependence of the govern- 
ment's Safety upon the morality and piety of its citizens, em- 
powered the legislature to authorize towns, parishes, and re- 
ligious societies to select and maintain Protestant teachers of 
piety, religion, and morality, with the limitation that no person 
should be compelled} to contribute to the support of the teacher 
of a denomination or sect to whieh he did not belong, and that 
all denominations and sects should stand on the same footing 
before the law. This article differed from the corresponding ar- 
ticle in the Massachusetts bill of rights in this: that, by the 
latter, the legislature was empowered to require towns, etc., 
to select and maintain such teachers, and to enjoin upon all 
the subjects of the state an attendance upon their instructions. 
Evidently Puritanism did not have quite so strong a hold upon 
the people of this state as it did in the state it had so great a 
part in settling and founding. With the exception of this ar- 
ticle, and the articles (7, 18, and 21) declaring the right of the 
people to govern themselves, the correspondence that should 
exist between the punishment and the nature of the crime to 
which it is affixed, and the care that should be taken in se- 
lecting jurors, the bill of rights was substantially the same as 
that of the Massachusetts constitution, although the phrase- 
ology and the order of arrangement were in some parts slightly 
changed. It included all the declarations of the bill of rights 
in the constitution prepared by the prior convention. 

The principle on which the plan of government is constructed 
in the three drafts is the division of the functions of govern- 
ment into three distinct departments, each independent of the 



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92 aiAlNTJAL OP THE OONKPITUTION 

others, the legislative, the executive, and the judicial. The de- 
tails of the plan are like those of the Massachusetts constitu- 
tion except in a few particulars, mostly attributable to the dif- 
ferences in the population and other circumstances of the two 
states. The Massachusetts constitution empowers the legis- 
lature to impose and levy reasoniable duties and excises. This 
power was never delegateid' to the legislature in this state. 
Nor did any of the convention's drafts provide for a Lieutenant- 
Governor, an officer required by the Massachusetts constitution. 

In all three drafts the supreme legislative power within the 
state was vested in a Senate consisting of twelve members, and 
a House of Representatives, each of which had a negative upon 
the other, and both of which were to assemble on the first 
Wednesday of June in each year. The principal difference in 
the provisions of the three on this subject related' to the num- 
ber of members in the House of Representatives. By the first 
draft the number was fixed at 50, to be chosen by county con- 
ventions composed of delesrates elected by the towns, they 
being entitled to one delegate for every 50 ratable polls in the 
town. By the other two, towns were entitled to one Represent- 
ative if they had 150 ratable polls, two Representatives if they 
had 450, an'(J one additional Representative for each additional 
number of 300 polls. If they had less than 150 ratable polls 
they were to be classed. This madte the number of members 
variable, increasing as the population increased. 

The supreme executive power was lodged in an officer en- 
titled "Governor" in the first two drafts, and "President" in 
the last. The veto power was conferred upon him in the first 
two drafts, but was withheld in the last. The following curi- 
ous provision appears in the second d!raft: **To prevent an un- 
due influence in this state, which the first magistrate thereof 
may acquire by the long possession of the important powers 
and trusts of that office, as also to stimulate others to qualify 
themselves for the service of the public in the highest stations, 
no man shall be eligible as Governor of this state more than 
three years in any seven." The necessity for a stimulus of this 
Wnd has long since ceased, if indeed it was then required. By 
the last draft the Governor, or, as the officer was then named, 
the President, was to preside in the Senate, and had the same 
right to vote therein as the senators had. Appointments to of- 
fice were made by the President and Council, instead of by the 
President with the advice of the Council. The members of the 
Council were chosen by the legislature by joint ballot, two of, 
them from members of the Senate, and three from members of 
the House. 



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Mj^lNTJAIi OP THB OONWTITUTiaK 93 

The judicial powers and duties were alike in the three drafts. 
The tenure of office of judicial officers was during' good behavior, 
but they were subject to reanoval by the Governor and Council 
upon address by both houses of the legislature. 

Among the other provisions were the requirement, in the first 
one, of a property qualification to entitle one to vote, — the hav- 
ing of an estate of £ 100, — anid the requirement in all that per- 
sons to be eligible to the offices of Governor, Senator and Rep- 
resentative must be of the Protestant religion, and must be 
seized of an estate of la certain value. In the first draft the 
value was £1,000 for the office of Governor, £400 for the office 
of Senator, and £200 for the office of Representative; and in the 
other two the values were one half these sums. All three 
drafts provided that the Senate and House of Representatives 
should elect delegates to Congress to serve for one year. They 
also contained a provision making it the duty of legislators and 
magistrates to cherish the interest of literature and the sci- 
ences, and all seminaries and public schools, to countenance and 
inculcate the principles of humanity and general benevolence, 
public and private charity, industry and economy, honesty and 
punctuality in dealings, sincerity, sobriety, and all social af- 
fections and generous sentiments among the people. 

The last draft submitted by this •convention was approved by 
the people in 1783, and went into effect on the first Wednesday • 
of June, 1784. It has been amend'ed from time to time in cer- 
tain particulars, and, as amended, is still the constitution of 
the state. People sometimes speak of "the constitution of 
1792,"* but a new constitution was not adopted in that year, 
and the designation is a misnomer. The state has had only two 
constitutions, that of 1776 and that of 1784. 

CONSTITUTION PBOPOSED IN 1781. 

XN ADDHESS OP TKB <X):NTKNTIOiN FOR FORMING A OONBTITU- 
TION OF GOVERNlMENT FOR rPH® SO^ATE OF NTEW HAMP- 
SHIRE, 1781. 

Friends and Fellow Citizens: The General Assembly of 
this state having thought proper to issue precepts to the 
several towns within the same for choosing delegates to form 
a convention for the purpose of framing a civil constitution 
for the people of this state; and the convention having met 
in consequence of such choice, after maturely deliberating on 
the important subject, agree to report the following plan, 

1 New Hampshire Reports, State v. Saunders, vol. 66, p. 72. 



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94 aiAJNTJAI, OF. THE OONlSmTUTION 

which, with the humblest deference, is submitted to your im- 
partial consideration. 

The task of forming a constitution adapted not only to our 
present situation, but to the probable situation and circunf- 
stances of remote po^erity, is an arduous one indeed. How 
far' we have succeeded in it you are the sole judges. It is your 
interest, as well as duty, to examine it with the most critical 
attention; and it is your unquestionable right to propose such 
alterations as you may judge necessary, to approve and estab- 
lish it as it now stands, or wholly to reject it. 

A perfect system of government is not to be expected in the 
present imperfect state of humanity. But, could a faultless 
one be framed, it would not be universally approved unless its 
judges were all equally perfect. Much less, then, may we pre- 
sume to hope that the plan here offered to view will meet with 
universal approbation. Unanimity of sentiment is seldom to 
be found in any case; there are many reasons for despairing 
of it in the present. Besides the common sources for variety 
of opinions on poitits in general, there are new and particular 
ones in the case before us. There is nothing whitfh our open, 
avowed enemies mcje dread than to see the several states 
each formed into a permanent and well constructed body 
politic, as nothing, under God, can more contribute to the 
stability of their councils or the success of their exertions. 
Nor have we any reason to doubt but that our secret, internal 
enemies '8iTe equally averse thereto. Every artifice will be 
devised, every effort tried, to frustrate an event equally 
dreaded by both. Let us guard against their machinations. 

Nor is it our enemies only we have to dread. We have 
much to fear from our friends, from those who wish well to 
the common cause, and are equally opposed to the common 
enemy. 

The love of power is so alluring, we had almost said infat- 
uating, that few have ever been able to resist its bewitching 
influence. Wherever power is lodged, there is a constant pro- 
pensity to enlarge its boundaries. Much more, then, will 
those with whom it is entrusted agonize to retain all that is 
expressly delegated tq them. When the people of this state 
first thought proper to assume government for themselves, it 
was a time of difficulty and peril. That form which was the 
simplest, and first presented itself to their view in the pertur- 
bation of spirits that then prevailed, they adopted without 
that thorough discussion and calm deliberation which so im- 
portant an object required. It was not intended to be lasting. 
It was expressly declared by themselves to be temporary. 



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MANUAL OF THE OONSTirUTION 95 

In this imperfect form the legislative and executive pow.- 
ers of government were vested in one body, to wit, in a Gen- 
eral Court consisting of two branches, a House of Representa- 
tives and a Council. Nor was any provision m^ade therein for 
the exercise of the executive power in the recess of the Gen- 
eral Assembly. So great a defect was soon discovered and 
ielt; and the court thus established, by the constitution, with- 
out any new authority derived from the people, or without 
even consulting them, patched this flaw by delegating to a 
number of persons, whom they termed "The Committee of 
Safety," the executive power, to be by them exercised in the 
recess of the general •assembly; which mode has been •since 
continued, and the committee have made an important part 
of the government. 

A further defect, among innumerable others, is the want 
ot an Exclusion Bill. In consequence of which many of the 
individuals who compose the aftermentioned body assist in 
enacting laws, in explaining and applying them, and in car- 
rying them into execution. 

Can it seem strange, then, that such persons, and indeed all 
who are vested with the aforementioned powers, should be 
backward in receiving and approving of a constitution that so 
remarkably retrenches them? That sets out in direct opposi- 
tion to the present one with this position, tfolaf the three 
essential powers of government ought ever to be kept totally 
independent of each other. It is not strange; it is perfectly 
natural; and the fact is fully verified by the length of time 
which the present form of government has been permitted to 
continue. But we trust you will, with a manly and* becoming 
firmness, oppose every interested adviser, reject every selfish 
motive, and, with a noble independency of spirit, "even of 
yourselves judge ye what is right." 

Having promised these things, we will proceed to consido-^ 
as critically as the limits of our time will admit, the frame of 
government herewith exhibited to your view, its principles, 
and some 'of the motives that induce us to prefer it to any 
other system which occurred to us. 

Availing ourselves of the various theories and forms of gov- 
ernment we could meet with, whether new or old, examining 
their principles, and comparing them, as far as we were able 
with experience, the surest touchstone and most infallible 
comment, we collected' sufficient, and we hope the best, mate- 
rials for the political building now presented to your view. 

The three powers of government before hinted at, to wit, 
the legislative, or power of making laws, the judicial, or 



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96 XAINITAL OF THB OONOriTUTION 

power of expounding and applying them to each particukr 
case, and the executive, to carry them into effect and give 
the political machine life and motion, these three important 
powers we h«ve thought proper to keep as separate and dis- 
tinct as possible for the following reasons: 

If they should be all united the maker of the law would 
be the interpreter thereof, and might make it speak what lan- 
guage best pleased him, to the total abolition of justice. 

If the executive and legislative powers should be vested in 
one body still greater evils would follow. This body would 
enact only such laws as it wished to carry into execution, and 
would, besides, entirely absorb and destroy the judicial power, 
one of the greater securities of the life, liberty, and property 
of the subject; and, in fine, would produce the same system of 
despotism first mentioned. 

And, lastly, should the executive and judicial powers be 
combined the great barrier against oppression w^ould* be at 
once destroyed; the laws would be made to bend to the will 
of that power which sought to execute them with the most 
unbridled rapacity. 

These several powers should also be independent; in order 
to which they are formed with a mutual check upon each 
other. We shall proceed to consider them distinctly. 

The legislative power we have vested in a Senate and House 
of Eepresentatives (with the reserve hereafter mentioned), 
each of which branches is to have a negative on the other; and 
either may originate any bill, except for the grant of monies^ 
which is always to originate in the House. Any alterations 
or amendments may be proposed by either branch in all cases. 
We have given the supreme executive power the right of 
revising and objecting to all the acts passed by the legislature, 
for reasons hereafter to be mentioned. 

The manner of electing the second branch, or House of 
Eepresentatives, as it is new, requires a particular discussion. 

Experience must have convinced every one who has been, 
in any degree, conversant with the transacting of business in 
public bodies, that a very large assembly is not the most con- 
venient for the purpose. There is seldom so much order, and 
never so much dispatch, as is to be found in a smaller body. 
The reason is obvious. This has given birth to the mode of 
choosing committees out of the whole body; and experience 
hath demonstrated its utility. The convention, therefore, 
were of opinion that the confining this second branch to the 
number of fifty, which appeared to them sufliciently large 



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M-AlNUAL OP THB cx)N«rnTunoN 97 

for every purpose, would be attended with the following salu- 
tary consequences; 

First, there would be, probably, a greater J>roportion of 
suitable men than in a larger body. The manner of their 
choice, they being twice sifted, would likewise greatly pro- 
mote this. The debates would, of course, be cond'ucted with 
more wisdom and unanimity. From their numbers, merely, 
there would be much less confusion and infinitely more dis- 
patch. This would of itself prod^ice an amazing saving in 
the expense, independent of the difference between paying 
fifty and three times that number. For these and many 
other reasons the reducing and confining this branch to a 
small number was surely an achievement devoutly to be 
wished. But how was it to be effected? Should 'the mode 
hitherto practiced of choosing members be continued, scarce 
three towns in the state would be each entitled to elect one. 
Should several towns be joined together till a number suffi- 
ciently large was collected to choose a Representative, this 
would be abridging the privileges of towns, confounding them 
with each ather, and destroying their independence. This 
has been practiced in some few instances, but has been the 
source of much complaint and many heavy evils. 

The convention, therefore, after revolving the matter with 
the utmost attention, could hit upon no mefthod that 
appeared io them, in all respects, so unexceptionable as the 
one here offered. By allowing every town and parish having 
fifty ratable polls to elect one member to compose a certain 
body, out of which the people^s representatives • are to be 
chosen, almost every town and parish within the state that 
would wish to exert the privilege is included, and even such 
as have less than fifty ratable polls are permitted to join 
another. Besixlies, in a few years it is probable there will be 
no towns which have not fifty families, at least, within the 
state. The larger towns being permitted to choose in the 
same proportion renders the representation as equal as 'the na- 
ture of things will admit. 

These bodies thus chosen, one in each county, after divid- 
ing the districts as mentioned in the constitution, are respec- 
tively to choose from among themselves the representatives 
of the people to sit in the General Court, This mode will be 
found, perhaps, as free, equal, and perfect, as any that can be 
devised. The objection that in this way each "town will not 
know, nor have the power of designating its own Representa- 
tive, will, perhaps, on examination, be found one of the 
strongest arguments in its favor. Those interested views, 



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98 MAINUAL OF THE CONSTITUTION 

that party spirit and' zeal for rivalry, which too often takes 
place in towns on such occasions, will be hereby in a great 
measure destroyed; and the people will be under a necessity 
of acting upon higher and better principles. 

The provision for publishing the journals of both houses 
at the close of each session supersedes another objection that 
might be started against the want of information among the 
people, that the smallness of the representative body might 
otherwise occasion. The only remaining objection of any 
weight is the ill consequences that may arise from the assem- 
bling so large a number of people together at the county con- 
ventions. To this it is replied that the county delegates 
through the state will be divided into five separate and dis- 
tinct bodies, that all will sit on the same day, and probably 
not more than one day unless upon extraordinary occasions, 
that they will be the chosen ones of the people, a most re- 
spectable body, with too much business on their hands to 
allow them time for dissipation, and too much of the people's 
welfare at their hearts to permit them to sow sedition. And 
even allowing some of the inconveniences hinted at really to 
follow, they must be less than if all should unite in one 
general assembly, and sit, not one or two days only, but half 
the year, in the proportion of a hundred to one. 

We have been thus particular upon this head of representa- 
tion partly on account of the novelty of the mode, and partly 
from a full conviction of the vast importance of the thing. 
And we leave it for your faithful discussion, observing as we 
d^ it that it is what many great, wise, and learned men of 
our own and other days have wished to see put in practice, 
and have not seen it. 

The choice and powers of the Senate^ having less of nov- 
elty, and being sufficiently explained in the constitution, we 
shall pass over with a bare mention, and proceed to the exec- 
utive power. 

This power is the active principle in all governments; it is 
the soul, and without it the body politic is but a dead corpse. 

Its department is to put in execution all the laws enacted 
by the legislative body. It ought, therefore, to have the ap- 
pointment of all the civil officers of the state. It is at the 
head of the militia, and therefore should have equally the 
appointment of all the military officers within the same. Its 
characteristic requisites are secrecy, vigor, and dispatch. The 
fewer persons, therefore, this supreme power is trusted with, 
the greater probability there is that these requisites will be 
found. The convention, therefore, on the maturest delibera- 



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MAlNUAIi OP THE CONSTITUTION . 99 

tion have thought it best to lodge this power in the hands of 
one, whom they have styled the Oovemor. They have, indeed, 
arrayed him with honors; they have armed him with po-wer 
and set him on high. But still he is only the right hand of 
your power, and the mirror of your majesty. Every possible 
provision is m»ade to guard against the abuse of this high 
betrustment and protect the rights of the people. 

The manner of his choice is such that he is the most per- 
fect representative of the people. He can take no one step 
of importance without the advice of his privy council, and he 
is elected annually. But, as if this was 'too little, no one per- 
son is capable of being elected oftener than three years in 
seven. Every necessary and useful qualification is required 
in him in point of age, religion, residency, and fortune. In 
addition to all which he is liable for every misconduct to be 
impeached, tried, and displaced by the two legislative 
branches, and is amenable to the laws besides, equally with 
the meanest subject of the state. Thus controiUed and 
checked, himself, the convention thought it reasonable and 
necessary that he, in turn, should have some check on the 
legislative power. They therefore gave him the right of 
objecting to and suspending, though not the absolute control 
over the -acts of that body; which they thought indispensably 
ne^cessary to repel any encroachments on the executive power, 
and preserve its independency. 

The judicial department falls next under our consideration. 

This comprehends the judges of the several courts and the 
justices of peace throughout the state. These are all ap- 
pointed by the Governor, with the advice of Council, but not 
removable by him in case of malconduct, but by the legisla- 
ture, and in no case without the intervention of that body. 

The judges all hold their offices during good behavior, thp 
only proper tenure, especially for the judges of the supreme 
court of judicature, as they ought, in a peculiar manner, to 
feel themselves independent and free, and as none would be 
at the pains to qualify themselves for such important places 
if they were liable to be removed at pleasure. As another in- 
ducement for persons so to qualify themselves, as an encour- 
agement to vigilance, and an antidote to bribery and corrup- 
tion, adequate, honorable, and permanent salaries to the 
judges of the supreme court in a particular manner we have 
made essential in the constitution, and do now most strongly 
recommend. 

The alteration of justices' commissions from life to five 
years is to guard against age, incapacity, and too large a num- 



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100 MAINIXAL OP TUB OOKHl'lTUTlON 

ber, to secure ttie appointment of the best, and to prevent 
too frequent addresses and; impeachments. You will judge 
of the propriety and expediency of this innovation, and either 
give it your sanction or not, as it appears to you best. 

The reasons for the Exclusion Bill are too obvious to need 
pointing out. Sad experience has evinced the necessity of 
such a provision. Besides the interference of several offices 
held by the same person in point of time, which we have 
too often seen, and the difficulty of one man's giving his 
attention to many matters sufficiently to understand them all, 
which we have too often felt, there is a still stronger reason, 
which is the difficulty of a man^s preserving his integrity in 
discharging the duties of each unstained, at least by sus- 
picion. 

From the deepest impression of the vast importance of 
literature in a free government we have interwoven it with, 
and made its protection and encouragement a part of the 
constitution itself. 

The bill of lights contains the essential principles of the 
constitution. It is the foimdation on which the whole politi- 
cal fabric is reared, and is, consequently, a most important 
part thereof. 

We have endeavoured therein to ascertain and define the 
most important and essential natural rights of men. We 
have distinguished betwixt the alienable and unalienable 
rights; for the former of which men may receive an equiva- 
lent; for the latter, or the rights of conscience, they can 
receive none, the world itself being wholly inadequate to 
the purchase. "For what is a man profited, though he should 
gain the whole world and lose his own soul?'' 

The various modes of worship among mankind are founded 
in their various sentiments and beliefs concerning the Great 
Object of all religious worship and adoration; therefore to 
Him alone, and, not to man, are they accountable for them. 

Thus the convention have endeavoured to explain, as par*- 
ticularly as they could without trespassing on your patience, 
the reasons and principles upon which they have laboured to 
form this constitution. They have done it in integrity and 
faithfulness. They conceived themselves as part of the com- 
munity for which the constitution is intended, and, therefore, 
equally interested with the other members in framing the 
best. Whatever latent defects there may be in it, time will 
discover them; and at the end of seven years provision is 
made that they may be amended. Considering, therefore, in 



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MANUAL OF THB OONSHTUnOK 101 

your candour, and humbly imploring on your behalf that 
assistance which the fountain of wisdom sees you need, we 
leave it in your hands, and wait with cheerful acquiescence 
your decision. 

In the name and pursuant to a resolution of the conven- 
tion. 

GEOBGE ATKINSON, President. 
Attest. JONA. M. SEWALL, Secretary. 

THE CONSTITUTION— 1784. 

CONTAININO A Bn-L OP BIGHTS, AND FORM OF GOVEKMTENT. 

Agreed upon by the delegates of the people of the state of 
New Hampshire in convention held at Concord on the first 
Tuesday of June, 1783; submitted to and approved of by the 
people of said *?tate, and established by their delegates in con- 
vention October 31, 1783. (This constitu-tion "took place" 
on the first Wednesday of June, 1784.) 

PART I. 

THE BILL OF EIOHT8. 

I. All men are born equally free and independent; there- 
fore, all government of right originates from the people, is 
founded in consent, and instituted for the general good. 

II. All men have certain natural, essential, and inherent 
rights, among which are the enjoying and defending life and 
liberty, acquiring, possessing, and protecting property, and, 
in a word, of seeking and obtaining happiness. 

III. When men enter into a state of society they surren- 
der up some of their natural rights to that society in order 
to insure the protection of others; and withbut such an equiv- 
alent tne surrender is void. 

IV. 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. 

V. Every individual has a natural and unalienable right 
to worship God according to the dictates of his own con- 
science and reason; and no subject shall be hurt, molested, or 
restrained in his person, liberty, or estate for worshiping God 
in the manner and season most agreeable to the dictates of 
his own conscience, or for his religious profession, sentiments. 



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102 MANUAL OF THE OONSTITUnON 

or persuasion, provided he doth not disturb the public peace, 
or disturb others in their religious worship. 

VI. As morality and) piety, rightly grounded on evangeli- 
cal principles, will give the best and greatest security to 
government, and will lay in the hearts of men the strongest 
obligations to due 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 the people of this state have a 
right to impower, and do hereby fully impower the legisla- 
ture to authorize from time to time the several towns, 
parishes, bodies 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 corporate, or religious societies shall at all times have 
the exclusive right of electing their own public teachers, and 
jof contracting with them for their support and maintenance. 
And no person of any one particular religious sect or denomi- 
nation shall ever be compelled to pay towards the support of 
the teacher or teachers of another persuasion, sect, or denomi- 
nation. 

And every denomination of Christians demeaning them- 
selves 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 for- 
mer 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. 

VII. The people of this state have the sole and exclusive 
right of governing themselves as a free, sovereign, and inde- 
pendent state, and 4p> ^^^ forever 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 Con- 
gress assembled. 

VIII. All power residing originally in and being derived 
from the people, all the magistrates and officers of govern- 
ment are their substitutes and agents, and at all times 
accountable to them. 



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MANUAL OP THE 00N8TITUTI0N 103 

IX. No office or place whatsoever in government shall he 
hereditary, the abilities and integrity requisite in all not 
being transmissible to posterity or relations. 

X. Government being instituted for the common benefit, 
protection, andi security of the whole community, and not 
for the private interest or emolument of any one man, family, 
or class of men; therefore, whenever the ends of government 
are perverted, and public liberty manifestly endangered, and 
all other means of redress are ineffectual, the people may, and 
of right ought to reform the old or establish a new govern- 
ment. The doctrine of non-resistance against arbitrary 
power and oppression is absurd, slavish, and destructive, of 
the good and happiness of mankind. 

XL All elections ought to be free, and every inhabitant of 
the state, having the proper qualifications, has equal rigrit to 
elect and be elected into office. 

XII. Every member of the community has a right to be 
protected by it 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 personal 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 inhabitants of this srate con- 
trollable by any other laws than those to which they or theii 
representative body have given their consent. 

XIII. No person who is conscientiously scrupulous about 
the lawfulness of bearing arms shall be compelled thereto, 
provided he will pay an equivalent. 

XIV. Every subject of this state is entitled to a certain 
remedy, by having recourse to the laws, for all injuries he 
mav receive in his person, property, or character, to obtain 
right and justice freely, without being obliged to purchase it, 
completely, and without any denial, promptly, and without 
delay, conformably to the laws. 

XV. No subject shall be held to answer for any crime 
or offense 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 meet 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, lib- 



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104 MAmiAI* OF THE CONSTITUTION 

erty, or estate but by the judgment of his peers or the law 
of the land. 

XVI. No subject shall be liable to be tried*, after an 
acquittal, for the same crime or offence. Nor shall the legis- 
lature 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. 

XVII. 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, wnen it shall appear to the judges 
of the superior court that an impartial trial cannot be had in 
the county wthere the offence may be committed; and upon 
their report the Assembly shall think proper to direct the 
trial in the nearest county in which an impartial trial can be 
obtained. 

XVIII. All penalties ought to be proportioned to the na- 
ture 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 the 
same undistinguishing severi^ty is exerted against all offences 
the people are led to forget the real distinction in the crimes 
themselves, and to commit the most flagrant with as little 
compunction as they do those of the lightest dye; for the same 
reason a multitude of sanguinary laws is both impolitic and 
unjust, the true design of all punishments being to reform, 
not to exterminate mankind. 

XIX. Every subject hath a right to be secure from all 
unreasonable searches and seizures of his person, his houses, 
his papers, and all his possessions. All warrants, therefore, 
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 the 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, and 
seizure; and no warrant ought to be issued but in cases, and 
with the formalities prescribed by the laws. 

XX. In all controversies concerning property, and in all 
suits between two or more persons, except in cases in which it 
has been heretofore otherwise used and practiced, the parties 
have a right to a trial by jury; and this method of procedure 



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4 MAINXTAL OF THE COJ^STITXJTION 105. 

shall be held sacred, unless, in causes arising on the high seas, 
and such as relate to mariners^ wages, the legislature shall 
think it necessary hereafter to alter it. 

XXI. In order to reap the fullest adyantage of the ines- 
timable 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 compensated for their 
travel, time, and attendance. 

XXII. The liberty of the press is essential to the security 
of freedom in a state; it ought, therefore, to be inviolably 
preserved. 

XXIII. Retrospective laws are highly injurious, oppres- 
sive, and unjust. No such laws, therefore, should be made, 
either for the decision of civil causes or the punishment of 
oflfences. 

XXIV. A well-regulated militia is the proper, natural, 
and sure defence of a state. 

XXV. Standing armies are dangerous to liberty, and 
ought not to be raised or kept up without the consent of the 
legislature. 

XXVI. In all cases and at all times the military ought 
to be under strict subordination to and governed by the civil 
power. 

XXVII. No soldier in time of peace shall be quartered in 
any house without the consent of the owner; and in time of 
war such quarters ought not to be made but by the civil mag- 
istrate, in a manner ordained by the legislature. 

XXVIII. No subsidy, charge, tax, impost, or duty shall be 
established, fixed, laid, or levied under any pretext whatso- 
ever without the consent of the people, or their representa- 
tives in the legislature, or authority derived from that body. 

XXIX. The power of suspending the laws, or the execu- 
tion of them, ought never to be exercised but by the legis- 
lature, or by authority derived therefrom, to be exercised in 
such particular cases only as the legislature shall expressly 
provide for. 

XXX. 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 what- 
soever. 

XXXI. The legislature ought frequently to assemble for 
the redress of grievances, for correcting, strengthening, and 
confirming the laws, and for making new ones, as the com- 
mon good may require. 



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106 MAtNUAL OP THE OONSTITDTI0Nr 

XXXII. The people have a right, in an orderly and peace- 
able 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. 

XXXIII. No magistrate or court of law shall demand ex- 
cessive bail or sureties, impose excessive fines, or inflict cruel 
or unusual punishments. 

XXXIV. 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. 

XXXV. It is essential to the preservation of the rights of 
every individual, his life, liberty, property, and character, 
that there be an impartial interpretation 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 
(or superior) judicial court should hold their offices so long 
as they behave well; and that they should have honorable 
salaries, ascertained and established by standing laws. 

XXXVI. Economy being a most essential virtue in all 
states, especially in a young one, no pension shall be granted 
but in consideration of actual services, and such pensions 
ought to be granted with great caution by the legislature 
and never for more than one year at a time. 

XXXVII. In the government of this state the three 
essential 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 unity and amity. 

XXXVIII. A frequent recurrence to the fundamental 
principles of the constitution, 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 lawgivers and magistrates an 
exact and constant observance of them in the formation and 



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MANUAL OF THE CONSTITUTION 107 

execution of the laws necessary for the good administration 
of government. 

PART 11. 

THE FORM OF GOVERNliENT. 

The people inhabiting the territory formerly called the 
Province of New Hampshire do hereby solemnly and mutn- 
ally agree with each other to form themselves into a free, sov- 
ereign, and independent body politic, or state, by the name of 
the State of New Hampshire. 

THE GENERAL OOURT. 

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. 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 Wednesdlay of June; and shall be styled The 
General Court of New Hj^mpsihire. The General Court 
shall forever have full power and authority to erect and con- 
stitute judicatories and courts of record or other courts, to 
be holden in the name of the -state for the hearing, trying, 
and determining all manner of crimes, offences, pleas, pro- 
cesses, plaints, actions, causes, matters, and things whatsoever 
arising or happening within this state, or between or con- 
cerning persons inhabiting or resid-ing or brought within the 
same, whether the same be criminal or civil, or whether the 
crimes be capital or not capital, and whether the said pleas be 
real, personal, or mixed', and for the awarding and issuing 
execution thereon. To which courts and judicatories are 
hereby given and granted full power and authority from time 
to time to administer oaths or affirmations for the better dis- 
covery of truth in any matter in controversy or depending 
before them. 

And, farther, full power and authority are hereby given and 
granted to the said General Court from time to time to 
make, ordain, and establish all manner of wholesome and 
reasonable orders, laws, statutes, ordinances, directions, and 
instructions, either with penalties or without, so as the same 
be not repugnant or contrary to this constitution, as they 
may judge for the benefit and welfare of. this state, and fpr 
the governing and ordering thereof, and of the subjects of 



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108 MAjNUAL OF THE OaNStTlTUTION' 

the same, for the necessary support and defence of the gov- 
ernment thereof; and to name and settle annually, or provide 
by fixed laws for the naming and settling all civil officers 
within this state, such officers excepted, the election and 
appointment of whom are hereafter in this form of govern- 
ment otherwise provided for; and to set forth the several 
duties, powers, and limits of the several civil and military 
officers of this state, and the forms of such oaths or affirma- 
tions as shall be respectively administered unto them for the 
execution of their several offices and places, so as the same be 
not repugnant or contrary to this constitution; and also to 
impose fines, mulcts, imprisonments, and other punishments; 
and to propose and levy proportional' and reasonable assess- 
ments, rates, and taxes upon all the imhabitants of and resi- 
dents within the said state, and upon all estates within the 
same, to be issued and disposed of by warrant under the 
hand of the President of this state for the time being, with 
the advice and consent of the Council, for the public service 
in the necessary defence and support of the government of 
this state, and the protection and preservation of the sub- 
jects thereof, according to such acts as are or shall be in force 
within the same. 

And while the public charges of government, or any part 
thereof, shall be assessed on polls and estates in the manner 
that has heretofore been practiced, in order that such assess- 
ments may be made wiijh equality there sihall 'be a valuation 
of the estates within the state taken anew once in every five 
years at least, and as much oftener as the General Court shall 
order. 

SENATE. 

There shall be annually elected by the freeholders and 
other inhabitants of this state, qualified as in this constitu- 
tion is provided, twelve pereons, to be Senators for the year 
ensuing their election, to be chosen in and by the inhabitants 
of the districts into which this state may from time to time 
be divided by the General Court for that purpose; and the 
General Court, in assigning the number to be elected by the 
respective districts, shall govern themselves by the proportion 
of public taxes paid by the said districts, and timely make 
known to the inhabitants of t)he state the limits of each dis- 
tinct and the number of Senators to be elected therein, pro- 
vided the number of such districts shall never be more than 
ten nor less than five. 

And the several counties in this state shall, until the Gen- 



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MAlNUAL OF THE OONiSTITUTIOX l09 

eral Court shall order otherwise, be districts for the election 
of Senators, and shall elect the following number, viz.: Rock- 
iDgham, five; Strafford, two; Hillsborough, two; Cheshire, 
two; Grafton, one. 

The Sena-te shall be the first branch of the legislature, 
and the Senators shall be chosen in the following manner, 
viz.: every male inhabitant of each town and parish with 
town privileges in the several counties in this state, of 
twenty-one years of age and upwards, paying for himself a 
poll tax, shall have a right, at the annual or other meetings 
of the inhabitants of said towns and parishes to be duly 
warned and holden annually forever in the month of March, 
■to vote in the town or parish wherein he dwells for the Sena- 
tors in the county or district whereof he is a member. 

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 that town, parish, and plantation where he dwelleth and 
hath his home. 

The selectmen of the several towns and parishes aforesaid 
shall, during the choice of Senators, preside at such meetings 
impartially, and shall receive the votes of all the inhabitants 
of such towns and parishes present and qualified to vote for 
Senators, and shall sort and count the same in the meeting, 
and in the presence of the town clerk, who shall make a fair 
record in presence of the selectmen and in open meeting, of 
the name of every person voted for, and the number of votes 
against his name; and a fair copy of this record shall be 
attested by the selectmen and town clerk, and shall be sealed 
up and directed to the Secretary of the State, with a super- 
scription expressing the purport thereof, and delivered by 
said clerk to the sheriff of the county in which such town or 
parish lies thirty days at least before the first Wednesday of 
June; and the sheriff of each county, or his deputy, shall 
deliver all such certificates by him received into the Secre- 
tary's office seventeen days at least before the first Wednes- 
day of June. 

And the inhabitants of plantations and places unincorpo- 
rated, qualified as this constitution provides, who are or shall 
be required to assess taxes upon themselves towards the sup- 
port of government, or shall be taxed therefor, shall have the 
same privilege of voting for Senators in the plantations and 
places wherein they reside as the inhabitants of the respective 
towns and parishes aforesaid have. 



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110 MAlNUAL OF THE CONSTPITUTION 

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 notifying 
the electors, collecting and returning the votes, as the select- 
men and town clerks have in their several towns by this con- 
stitution. And, that there may be a due meeting of Senators 
on the first Wednesday of June annually, the President and 
three of the Council for the time being shall, as soon as may 
be, examine the returned copies of such records; and fourteen 
days before the said first Wednesday in June he shall issue 
his summons to such persons as appear to be chosen Senators 
by a majority of votes to attend and take their seats on that 
day; provided, nevertheless, that for the first year the said 
returned copies shall be examined by the President and five 
of the Council of the former constitution of government; an3 
the said President shall in like mannea* notify the persons 
elected to attend and take their seats accordingly. 

The Senate shall be final judges of the elections, returns, 
and qualifications of their own members as pointed out in 
this constitution, and shall, on the said first Wednesday of 
June annually, determine and declare who are elected by 
each district to be Senators by a majority of votes, and in case 
there shall not appear to be the full number returned elected 
by a majority of votes for any district, the deficiency shall 
be supplied in the following manner, viz.: the members of 
the house of Representatives, and such Senators as shall be 
declared elected, shall take the names of such persons as shall 
be found to have the highest number of votes in each district, 
and not elected, amounting to twice the number of Senators 
wanting, if there be so many voted for, and out of these shall 
elect by joint ballot the number of Senators wanted for such 
district; and in this manner all such vacancies shall be filled 
up 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. 

Provided, nevertheless, that no person shall be capable of 
being elected Senator who is not of the Protestant religion, 
and seized of a freehold estate in his own right of the value 
of two hundred pounds lying witftiin this state, who is not of 
the age of thirty years, and who shall not have been an inhab- 
itant of this state for seven years immediately preceding his 
election; and at the time thereof he shall be an inhabitant of 
the district for which he shall be chosen. 



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MANUAL OP THE CONSTrTUIION 111 

The Senate shall have power to adjourn themselves, pro- 
vided' such adjournment do not exceed two days at a time. 

The Senate shall appoint their own officers and determine 
their own rules of proceedings; and not less than seven mem- 
bers 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 pro- 
ceedings valid. 

The Senate shall be a court with full power and authority 
to hear and determine all impeachments made by the House 
of Representatives againet any officer or officers of the state 
for misconduct or maladministration in their offices; but pre- 
vious 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. 

Their judgment, however, shall not extend farther than re- 
moval 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 laws of the land. 

H?OIJSE OF KBPRESENTATIVEB. 

There shall be in the legislature of this state a represen- 
tation of the people, annually elected and founded upon prin- 
ciples of equality; and, in order that such representation may 
be as equal as circumstances will admit, every town, parish, 
or place entitled to town privileges, having one hundred and 
fifty ratable male polls of twenty-one years of age and up- 
wards, may elect one Representative; if four hundred and fifty 
ratable polls, may elect two Representatives; and so proceed- 
ing in that proportion, making three hundred such ratable 
polls the mean increasing number for every additional Repre- 
sentative. 

Such towns, parishes, or places as have less than one hun- 
dred and fifty ratable polls shall be classed by the General 
Assembly for the purpose of choosing a Representative, and 
seasonably notified thereof. 

And in every class formed for the above-mentioned pur- 
pose the first annual meeting shall be held in the town, par- 
ish, or place wherein most of *the ratable polls reside, and 
afterwards in that which has the next Highest number, and so 
on annually, by rotation, through the several towns, parishes, 
or places forming the district. 



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112 ma:ntjal of the oonbtitution 

Whenever any town, parish, or place entitled to town priv- 
ileges as aforesaid shall not have one hundred and fifty rata- 
ble polls, and be so situated as to render the classing thereof 
with any other town, parish, or place very inconvenient, the 
General Assembly may, upon application of a majority of the 
voters in such town, parish, or place, issue a writ for their 
electing and sending a Representative to the General Court, 

The members of the House of Representatives shall be 
chosen annually in the month of March, and shall be the sec- 
ond branch of the legislature. 

All persons qualified to vote in the election of Senators 
shall be entitled to vote within the town, district, parish, or 
place where they dwell in the choice of Representatives. 
Every member of the House of Representatives shall be 
chosen by ballot; and for two years, at least, next preceding 
his election shall have been an inhabitant of this state, shall 
have an estate within the town, parish, or place which he 
may be chosen to represent of the value of one hundred 
pounds, one half of which to be a freeht^ld whereof he is 
seized in his own right; shall be at the time of his election 
an inhabitant of the town, parish, or place he may be chosen 
to represent; shall be of the Protestant religion; and shall 
cease to represent such town, parish, or place immediately on 
his ceasing to be qualified as aforesaid. 

The travel of each Representative to the General Assembly, 
and returning home once in every session and no more, shall 
be at the expense .of the state, and the wages for his attend- 
ance at the expense of th^ town, parish, or places he repre- 
sents; such members attending seasonably, and not departing 
without license. All intermediate vacancies in the House of 
Representatives may be filled up from time to time in the 
same manner as annual elections are made. 

The House of Representatives shall be the grand inquest 
of the state, and all impeachments madie by'ttiem shall be 
heard and tried by the Senate. 

All money bills shall originate in the House of Representa- 
tives, but the Senate may propose or concur with amendments, 
as on other bills. 

The House of Representatives shall have power to adjourn 
themselves, but no longer than two days at a time. 

A majority of the members oi the House of Representatives 
shall be a quorum for doing business; but when less than two 
thirds of the Representatives elected shall be present the 
assent of two thirds of those members shall be necessary to 
render their acts and proceedings valid. 



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■MANUAL OP THE CONSTITUTION 113 

No member of the House of Bepresentatives or Senate shall 
be arrested or held to bail on mesne process during his going 
to, returning from, or attendance upon the Court. 

The House of Bepresentatives shall choose their own 
speaker, appoint their own officers, and settle the rules of pro- 
ceedings in their own House. They shall have the authority 
to punish by imprisonment every person who shall be guilty 
of disrespect to the House, in its presence, by any disorderly 
and contemptuous behavior, or by threatening or ill-treating 
any of its members, or by obstructing its deliberations; every 
person guilty of a breach of its privileges in making arrests 
for debt, or by assaulting any member during his attendance 
at any session, in assaulting or disturbing any one of its 
officers in the execution of any order or procedure of the 
house, in assaulting any witness or other person ordered to 
attend, by and during his attendance of the House, or in res- 
cuing any person arrested by order of the House, knowing 
them to be such. The Senate, President, and Council shall 
have the same powers in like cases, provided that no imprison- 
ment by either for any offense exceed ten days. 

The journals of the proceedings of both houses of the Gen- 
eral Court shall be printed and published immediately after 
every adjournment or prorogation; and, upon motion made by 
any one member, the yeas and nays upon any question shall 
be taken and entered in the journals. 

EIXBOUTIYB POWER. — PRESIDENT. 

There shall be a supreme executive magistrate who shall be 
styled The President of the State of New Hampshire, and 
whose title shall be His Excellency. 

The President shall be chosen annually; and no person shall 
be eligible to this office unless at the time of his election he 
sihall 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 hundred pounds, one half of which shall 
consist of a freehold in his own right within the state; and 
unless he shall be of the Protestant i:eligion. 

Those persons qualified to vote for Senators and Bepresenta- 
tives shall, within the several towns, parishes, or places where 
they dwell, at a meeting to be called for that purpose some 
day in the month of March annually, give in their votes for 
a President to the selectmen who shall preside at such meet* 
ing; and the clerk, in the presenice and with the assistance of 



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114 MAiNTJAL OF THE CfONSTlTUTION 

the selectmen, shall in open meeting sort and count the votes, 
and form a list of the persons voted for, with the number of 
votes for each person against his name, and shall make a fair 
record of the same in the town books, and a public declara- 
tion thereof in the said meeting; and shall, in the presence 
of said inhabitants, seal up a copy of said list, attested by him> 
and the selectmen, and transmit the same to the sheriff of 
the county thirty days, at least, before the first Wednesday of 
June, or shall cause returns of the same to be made to the 
office of the Secretary of the State seventeen days, at least, 
before said day, who shall lay the same before the Senate and 
House of Eepresentatives on the first Wednesday of June, to 
be by them examined; and, in case of an election by a majority 
of votes through the state, the choice shall be by them de- 
clared and published; but if no person shall have a majority 
of votes the House of Representatives shall by ballot elect 
two out of the four persons who had the highest number of 
votes, if so many shall have been voted for, but, if otherwise 
out of the number voted for, and make return to the Senate 
of the two person so elected, on which the Senate shall pro- 
ceed by ballot to elect one of them, who shall be declared 
President. 

The President of the ^tate shall preside in the Senate; 
shall have a vote equal with any other member; and shall 
also have a easting vote in case of a tie. 

The President, with advice of Council, shall have full power 
and authority in the recess of the General Court to prorogue 
the same from time to time, not exceeding ninety days in 
any one recess of said Court; and, during the session 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 sihould require the same. 

In cases of disagreement between the two houses with re- 
gard to the time of adjournment or prorogation, the Presi- 
dent, 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 infec- 
tious 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 healths or lives of the members from their 
attendance, the President piay direct the session to be holden 
at some other, the most convenient place within the state. 



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. MANUAL OF THE COISTSTITUTION 115 

The President of this state for the time being shall be 
commander-in-chief of the army and navy, and all the mili- 
tary 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 defence 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, expulse, 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, enter- 
prise, 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, invasion, and also in rebellion, declared by the legis- 
lature to exist, as occasion shall necessarily require; and sur- 
prise 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 President hereby is intrusted with all other powers inci- 
dent to the office of captain-general, and commander-in-chief, 
and admiral, to be exercised agreeably to the rules and regu- 
lations of the cons^titution and the laws of the land ; provided 
that the President shall not at any time hereafter, by virtue 
of any power by this constitution granted or hereafter to be 
granted to him by the legislature, transport any of the 
inhabitants of this state, or oblige them to march, out of the 
limits of the same without their free and voluntary consent 
or the consent of the General Court, nor grant commissions 
for exercising the law martial in any case without the advice 
and consent of the Council. 

The power of pardoning offences, except such as persons 
may be convicted of before the Senate by impeachment of the 
House, shall be in the President, by and with the advice of 
the Council; but no charter of pardon granted by the Presi- 
dent, with advice of Council, before conviction, shall avail the 
party pleading the same, notwithstanding any general or par- 
ticular expressions contained therein descriptive of the 
offence or offences intended to be pardoned. 

Ail judicial officers, the attorney-general, solicitor-general, 



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116 MANUAL OF THB CONSTITDTION 

all sheriflfs, 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 President and Council; and 
every such nomination shall be made at least seven days prior 
to sucli appointment, and no appointment shall take place 
unless three of the Council agree thereto. 

The captains and subalterns in the respective regiments 
shall be nominated and recommended by the field officers to 
the President, who is to issue their commissions immediately 
on receipt of such recommendation. No officer duly commis- 
sioned to command in the militia shall be removed from his 
office but by the address of both houses to the President, or 
by fair trial in court-martial pursuant to the laws of the state 
for the time being. 

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-commissioned officers. The Presi- 
dent and Council shall appoint all officers of the continental 
army Whom by the confedleration of the United States it is 
provided thiat this state shall appoint, as also all officers of 
forts and garrisons. 

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 militi^i 
of this state until the same be altered by some future law. 

No monies shall be issued out of the treasury of this state 
and disposed of (except such sums as may be appropriated for 
the redemption of bills of credit or treasurer's notes, or for 
the payment of interest arising thereon) but by warrant under 
the hand of the President 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 pi^tection 
and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the General Court. 

All public boards, the commissary-general, all superintend- 
ing officers of public magazines and stores belonging to this 
state, and all commanding officers of forts and garrisons 
within the same shall once in every three months officially, 
and without requisition, and at other times when required by 
the President, deliver to him an account of all goods, stores, 
provisions, ammunition, cannon with their appendages, and 
small arms with their accoutrements, and of all other public 
property under their care respectively, distinguishing the 
quantity and kind of each as particularly as may be, together 



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MANUAL OF THE CONSTITUTION 117 

with the condition of such forts and garrisons; and the com- 
manding officer shall exhibit to the President, when required 
by him, true and exact plans of such forts, and of the land 
and sea or harbor or harbors adjacent. 

The President and Council shall be compensated for their 
services from time to time by such grants as the General 
Court shall think reasonable. 

Permanent and honorable salaries shall be established by 
law for the justices of the superior court. 

Whenever the chair of the President shall be vacant by rea- 
son of his death, absence from the state or otherwise, the 
senior Senator for the time being shall, during such vacancy, 
have and exercise all the powers and authorities which by 
this constitution the President is vested with when person- 
ally present. 

COUNOII/. 

Annually, on the first meeting of the General Court, two 
members of the Senate and three from the House of Eepre- 
sentatives sihall be chosen by joint ballot of both houses as a 
Council, for advising the President in the executive part of 
government, whom the President for the time being shall haVe 
full power. and authority to convene from time to time at 
his discretion; and the President, with the Councillors, or 
three of them at least, s-hall and may from time to time hold 
and keep a Council for ordering and directing the affairs of 
the state according to tihe laws of the land. The qualifica- 
tions for Councillors sihall be the same as those required for 
Senators. The members of the Council shall not intermed- 
dle with the making or trying impeachments, but shall them- 
selves be impeachable by the House and triable by the Sen- 
ate for mal-conduct. 

The resolutions and advice of the Council shall be recorded 
in a register, and signed by the members present; 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. 

And whereas the elections appointed to be made by this 
constitution on the first Wednesday of June, annually, by the 
two houses of the legislature may noit be completed on that 
day, the said elections may be adjourned from day to day until 
the same shall be completed. 

And the order of the elections shall be as follows: the va- 
cancies in the Senate, if any, shall first be filled up; the Presi- 
dent shall then be elected, provided there should be no choice 



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118 MANUAL OF THE OOKSTITUTION 

of him by the people; and afterwards the two houses shall 
proceed to the election of the Council. 

SBOREnABY, TBBAJSUBEH, OOMMiaSiAIiy^ENEKAL, ETC. 

The Secretary, Treasurer, and Commissary-General shall be 
chosen by joint ballot of the Senattors and Bepresentatives 
assembled in one room. 

The records of the state shall be kept in the office of the 
Secretary, who may appoint his deputies, for whose conduct 
he shall be answerable; and he shall attend the President and 
Council, the Senate and Representatives, in person or by dep- 
uty, as they may require. 

COUNTY TREASURER, ETC. 

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 present laws of the state ; and, before they enter upon 
the business of their offices, shall be respectively sworn faith- 
fully to discharge the duties thereof, and shall severally give 
bond, with sufficient sureties, in a reasonable sum for the use 
of the county for the punctual performance of their respec- 
tive trusts. 

JUDICIARY POWER. 

The tenure that all commission officers shall have by law in 
their offices shall be expressed in their respective commis- 
sions. All judicial officers duly appointedi, commissioned, 
and sworn shall hold their offices during good behavior, ex- 
cepting those concerning whom there is a different provision 
made in this constitution; provided, nevertheless, the Presi- 
dent, with consent of Council, may remove them upon the ad- 
dress of both houses of ithe legislature. 

Each branch of the legislature, as well as the President 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. 

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 



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MANUAL OF THE OONSTITUTION 119 

may, if necessary,, be renewed, or another person appointed, 
as shall most conduce to the well-being of the state. The 
judges of probate of wills and for granting letters of admin- 
istration shall hold their courts at such place or places, on 
such fixed days as the convenience of the people may require ; 
and the Legislature shall, from time to time, hereafter 
appoint such times and places, until which appointments the 
said courts shall be holden at the times and places which the 
respective judges shall direct. 

All causes of marriage, divorce, and alimony, and all ap- 
peals from the respective judges of probate shall be heard 
and tried by the superior court, until the legislature shall by 
law make other provision. 

OLERKS OF COURTS. 

The clerks of the superior court of judicature, inferior 
courts of common pleas, and general sessions of the peace 
shall be appointed by the respective courts during pleasure; 
and to prevent any fraud or unfairness in the entries and rec- 
ords of said courts no such clerk shall be of counsel in any 
cause in the court of which he is clerk, nor shall he fill any 
writ in any civil action whatsoever. 

DELEGATES TO CONGRESS. 

The delegates of this state to the Congress of the United 
States shall, sometime between the first Wednesday of June 
and the first Wednesday of September, annually, be elected by 
the Senate and House of Representatives in their separate 
branches, to serve in Congress for one year to commence on 
the first Monday in November then next ensuing. 

They shall have commissions under the hand of the Presi- 
dent and the great seal of the sitate, but may be recalled at 
any time within the year, and others chosen and commissioned 
in the same manner in their stead; and they shall have the 
same qualifications in all respects as by this constitution are 
required for the President. 

No person shall be capable of being a delegate to Congress 
for more than three years in any term of six years; nor shall 
any person, being a delegate, be capable of holding any office 
under the United States for which he, or any other for his 
benefit, receives any salary or emolument of any kind. 



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120 MANUAL OF THE CONSTITXJTION 

ENOOUBAGEMENT OF LITEBATURE, ETO. 

Knowledge and learning generally diffused through a com- 
munity being essential to the preservation of a free govern- 
ment, and spreading the opportunities and advantages of edu- 
cation through the various parts of the country being highly 
conducive to promote this end, it shall be the duty of the leg- 
islators and the magistrates in all future periods of this gov- 
ernment 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 pro- 
motion of agriculture, arts, sciences, commerce, trades, manu- 
factures, and natural history of the country; to countenance 
and inculcate the principles of humanity and general benevo- 
lence, public and private charity, industry and economy, hon- 
esty and punctuality, sincerity, sobriety, and all social affec- 
tions and generous sentiments among the people. 

OATH AND subscriptions; EXCLUSION FBOM OFFICES; OOMMIS- 

fiiONs; writs; confirmation op laws; habeas corpus, 

THE ENACTING STYLE; CONTIMJANCE OP OPFICERS; PROVI- 
SION FOR A FUTURE REVISION OF THE CONSTITUTION, ETC. 

Any person chosen President, Councillor, Senator, or Rep- 
resentative, 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 declara- 
tion, viz.: 

/, A B, do truly and sincerely acknowledge, profess, testify^ 
and declare that the state of New Hampshire is, and of right 
ought to he a free, sovereign, and independent state, and do 
swear that I' will hear faith and true allegiance to the same, 
and that I will endeavor to defend it a^adnst all treacherous 
conspiracies and hostile attempts whatever; and I do further 
testify and declare that no man or hody of m,en hath or can have 
a right to absolve me from the obligation of this oaih, declara- 
tion, or affirmation, and that I do make this acknowledgment, 
profession, testimony, and declaration hone&tly and truly, 
according io the comm^on acceptation of the foregoing words, 
wii^ut any equivocation, msntal evasion, or secret reservation 
whatever. So help me Ood. 

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 



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MANUAL OF THE CONSTITUTION 121 

best of fivy ahiKties, agreeably to the rules and regulations of 
this constitution, arid the laws of the state of New Hampshire. 
80 help me Ood. 

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 tiaking the 
said oaths, such shall tiake and subscribe them omitting the 
word '^swear^' and' likewise the words "So help me Ood," sub- 
joining instead thereof, "This I do under the pains and pen- 
alties of perjury.'' 

And the oaths or affirmations shall be taken and subscribed 
by the President before the senior Senator present, in the 
presence of the two houses of assembly; and by the Senate 
and Representatives first elected under this constitution be- 
fore the President and three of the Council of the former con- 
stitution, and forever afterwards before the President and 
Council for the time being; and by the residue of Ithe officers 
aforesaid before such persons and in such manner as from 
time to time shall be prescribed by the legislature. 

All commissions shall be in the name of the state of New 
Hampshire, signed by the President, and attested bv the Sec- 
retary or his deputy, and) shall have the great seal of the state 
afl&xed thereto. 

All writs issuing out of the clerk's office in any of the courts 
of law shall be in the name of the state of N'ew Hampshire, 
shall be under the seal of the court whence they issue, and 
bear test of the chief, first, or senior justice of the court; but 
when such justice shall be interested, then the writ shall bear 
test of some other justice of the court to which the same 
shall be returnable, and be signed by the clerk of such court. 

All indictments, presentments, and informations shall con- 
dude against the peace and dignity of the state. 

The estates of such persons as may destroy their own lives 
shall not for that offence be forfeited, but descend or ascend 
in the siame manner as if such persons had died in a natural 
way. N'or shall any article which shall accidentally occasion 
the death of any person be henceforth deemed a deodand, or 
in any wise forfeited on account of such misfortune. 

All the kws 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; 
sucli parts thereof only excepted as are repugnant to the 
rights and liberties contained in this constitution; provided 



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122 MANUAL OF THE CONSTITUTION 

that nothing herein contained, when compared with the twen- 
ty-third article in the bill of rights, shall be construed to 
affect the laws already made respecting the persons or estates 
of absentees. 

The privilege and benefit of the habeas corpus shall be en- 
joyed in this state in the most free, easy, cheap, expeditious, 
and ample manner, and shall not be suspended by the legis- 
lature except upon the most urgent and pressing occasions, 
and for a time not exceeding three months. 

The enacting style in making and passing acts, statutes, and 
laws shall be, Be it enacted by the -Senate and House of Repre- 
sentatives in General Court convened. 

No President or judge of the superior court shall hold any 
office or place under the authority of this state except su<?h 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. 

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 President, or President and Council, or Senate and 
House of Representatives, or superior or inferior courts, mili- 
tary offices an-d offices of justices of the peace excepted. 

No person holding the office of judge of the superior court, 
Secretary, Treasurer of the state, judge of probate, attorney- 
general, commissary-general, judge of the maritime court, or 
judge of the court of admiralty, military officers receiving pay 
from the continent or this state, excepting officers of the 
militia occasionally called forth on an emergency, judge of the 
inferior court of common pleas, register of deed's, president, 
professor, or instructor of any college, sheriff, or officer of the 
customs, including naval officers, shall at the same time have 
a seat in the Senate, or House of Representatives, or Council; 
but their being chosen or appointed to, and accepting the 
same, shall operate as a resignation of their seat in the Senate, 
or House of Representatives, or Council; and the place so 
vacated shall be filled up. 

No person shall ever be admitted to hold a seat in the leg- 
islature, or any office of trust or importance under the govern- 
ment, who in the due course of law has been convicted of 
bribery or corruption in obtaining an election or appointment. 

In all cases where sums of money are mentioned in thi? 



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MA2JUAI. OF THE CONSTITUTION 123 

constitution the value thereof shall be computed in silver at 
six shillings and eight pence per ounce. 

To the end that there may be no failure of justice or dan- 
ger arise to this state from a change of the form of govern- 
ment, all civil and military oi!icers holding commissions 
under the government and people of New Hampshire, and 
other officers of the said government and people, at the time 
this constitution shall take effect, shall hold, exercise, and 
enjoy all the powers and authorities to them granted and com- 
mitted until other persons shall be appointed in their stead. 
All courts of law in the business of their respective depart- 
ments, and the executive and legislative bodies and persons 
shall continue in full force, enjoyment, and exercise of all 
their trusts and employments until the General Court and the 
supreme and other executive officers under this constitution 
are designated and invested with their respective trusts, pow- 
ers, and authority. 

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. 

To preserve an effectual adherence to the principles of the 
constitution, and to correct any violations thereof, as well as 
to make such alterations therein as from experience may be 
found necessary, the General Court shall, at the expiration of 
seven years from the time this constitution shall take effect,' 
issue precepts, or direct them to be issued from the Secretary's 
office, to the several towns and incorporated places to elect 
delegates to meet in convention for the purposes aforesaid; 
the said delegates to be chosen in the same manner and pro- 
portioned as the representatives to the General Assembly; 
provided that no alteration 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 upon the question. 

In Oontkntion He-ld at Conoobd, 

The 31st Day of October, 1783. 

The returns from the several towns being examined, and it 
appearing that the foregoing bill of rights and form t)f gov- 
ernment were approved of by the people, the same are hereby 
agreed on and established by the delegates of the people, and 



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124 MANUAL OF THE CONSTITT7TI0X 

declared to be the civil constitution for the state of New 
Hampshire, to take place on the first Wednesday in June, 
1784; and that in the meantime the General Court under the 
present government make all the necessary arrangements for 
introducing this constituition at that time, and in the manner 
therein described. 

NATHANIEL FOLSOM, 

President P. T. 

Attest: 

J. M. Sewall, Secretary. 

Fourth Constitutional Converdion of 1791-1792. After a 
period of seven years, pursuant to the provisions of the con- 
stitution of 1784, and agreeably to precepts issued for that 
purpose, a convention to revise the constitution of New 
Hampshire assembled in Concord on Wednesday, September 
7, 1791. It organized by the election of Samuel Livermore 
of Portsmouth as President, andl John Calfe of Hampstead 
as Secretary. 

Among the distinguished members of thi-s body, besides its 
President and Secretary, were William Plumer of Epping, 
whose active part in this convention caused its work to be pop- 
ularly known as Plumer^s constitution, Jeremiah Smith of 
.Peterborough, John Pickering of Newington, Edward St. 
Loe Livermore of Portsmouth, Abiel Foster of Canterbury, 
Timothy Walker of Concord, Nathaniel Peabody of Altkin- 
son, Joshua Atherton of Amherst, Major Benjamin Rerce of 
Hillsborough, Elisha Payne of Lebanon, Gen. Joseph Cilley 
of Nottingham, Ebenezer Thompson of Durham, Moses Chase 
of Cornish, and Jonathan Freeman of Hanover. 

On September 8th the following rules of procedure were 
adopted: 

1st. The President having taken the chair and a quorum 
being present, the journal of the preceding day shall be read, 
to the end that any mistake may be corrected that shall have 
been made in the entries. 

2nd. Nfo member shall speak to another or otherwise in- 
terrupt the business of the convention while the journal is 
reading or when any member is speaking, nor pass between 
the President and a member speaking. 



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MANUAL OF THE CONSTITUTION 125 

3rd. Every member, when he speaks, shall stand up and 
address the President, and when he has finished shall sit down. 

4th. No member shall speak more than twice in any one 
debate on the same day without leave of the convention. ^ 

5th. When two members rise at the same time the Presi- 
dent shall name the person to speak, but in all cases the per- 
son first rising shall speak first. 

6th. When the President shall stand up to put the ques- 
tion the members slhall sit down and keep silence. 

7th. No motion shall be debated until the same shall be 
seconded; and any member may at any time withdraw his 
motion. 

8th. When a motion shall be made and seconded it shall, if 
desired by the President or any member, be reduced to writ- 
ing, delivered in at the table, and, read by the President before 
the same shall be debated. 

9th. While a question is before the convention no motion 
shall be received unless for an amendment, for postponing 
the main question, or to commit it, or to adjourn. 

10th. The previous question being moved and seconded 
the question from the chair shall be, "Shall the main ques- 
tion be now put?'', and if the negative prevails the main ques- 
tion shall not then be put. 

nth. If a question in debate contain several points any 
member may have the same divided. 

12th. Committees of less than five shall be nominated by 
the President, but committees of five or more shall be chosen 
by ballot. 

13th. Questions of order shall be determined by the Presi- 
dent, but any member may appeal to the convention; and 
when a member is called "to order he shall sit down until the 
question is determined whether he is in order or not, which 
shall be decided without debate, but the member may explain. 

14th. The yeas and nays, if called for by any one member, 
shall be entered on the journal upon any proposition moved 
to be sent out to the people as an amendment or alteration 
to the constitution; and each member present, and having 
heard the debates upon the particular question, shall give his 
yea or nay except excused by a vote of the convention; and 
in the same manner may the yeas and nays be taken and 
entered on the journal upon all the amendments collectively 
agreed to by the convention to be sent out to the people. 

15th. Every question, being put by the President, shall be 
taken to be in the affirmative unless disputed by a member, 
on which case the members shall be counted, beginning with 



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126 MANUAL OF THE OONSTITUTIOK 

those in the affirma'tive standing up, and then those in the 
negative the same; and every member, having heard the de- 
bates, shall vote upon the question except excused by a vote 
of the convention. 

16th. No person except a member or an oificer of this 
convention shall be allowed to come within the bar of the 
House except such puiblic characters as the President may 
invite, for whom particular seats shall be assigned. 

17th. That it be a rule in conducting business that in any 
stage of a" question a motion to postpone a further considera- 
tion of any matter in debate be considered as in order, and 
the main question left open for future discussion.^ 

It was then voted "that the constitution be read by sections 
or articles, in order that any member may offer his sentiments 
relative to any defects therein, and propose such alterations 
as he may think necessary." 

Eight days later it was voted: 

"That Mr. Peabody, Mr. Plumer, Mr. Hoit, Mr. Smith 
(Meredith), Mr. Wallace, Mr. Atherton, Mr. Page (Charles- 
town), Mr. Kingsbury, Mr. Payne, & Mr. Freeman be a com- 
mittee to take into consideration the constiitution and the 
resolutions passed at this session, and the several motions for 
alterations that have not been acted upon, and prepare and 
report to the convention, at the adjournment, alterations and 
amendments to be submitted to the people." 

On the same date, September 16, the convention adjourned 
until the second Wednesday of February, 1792, then to meet 
at Concord. 

Pursuant to adjournment the convention reassembled at 
Concord February 8, 1792. In the absence of the President 
John Pickering was elected President pro tem. 

The committee chosen in September last to take into con- 
sideration the constitution and the resolutions passed at that 
session, and the several motions for alterations, reported their 
opinions as to alterations and their reasons therefor, also the 
constitution with the proposed aKerations incorporated. 

On February 24, 1792, this report having been amended 

1 10 N. H. state Papers. 39, 40, 42. 



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MAIN^UAL OF THE CONSTITUTION 127 

and adopted, it was voted to fiiibmit to the legal voters of the 
state at elections to be held on the 7th of May, 1792, the pro- 
posed amendments to the constitution in ;the form of seventy- 
two questions, to be voted upon separately. 

The text of these amendments, together with the vote, is 
given on pages 131-148. 

On the same day the convention adjourned to Wednesday, 
May 30th, then to meet at Concord. 

Pursuant to adjournment the convention reassembled at 
Concord May 30, 1792. 

A committee appointed to canvass the votes cast on the 
proposed amendments to the constitution reported to the 
convention that forty-six had been adopted and twenty-six re- 
jected. The fact that amendments had been rejected, upon 
which some of those adopted depended, made further changes 
imperative. On Monday, June 4th, it was voted, "That a 
committee be chosen to consider what further amendments 
to the constitution are necessary to be sent out to the people. 
The committee appointed were Mr. Page (Charlestown), Mr. 
Hoit and Mr. Livermore of Portsmouth, and that they pre- 
pare an address to accompany the amendments."^ 

This committee reported on the following day a new draft 
of parits of the. constitution embodying the changes necessary 
to make a consistent whole. Their report was accepted by 
the convention, and it was voted to submit the new amend- 
ments to the legal voters on August 27, 1792, to be voted 
upon en bloc. 

The text of the amendments, together with the vote on 
them, is given on pages 153 to 168. 

On June 5th the convention adjourned to the first Wednes- 
day of September, 1792. 

The convention reassembled on September 5, 1792, when 
a canvass of the votes showed that the last amendments sub- 
mitted to the people had been ^ratified. 

"Voted that Mr. Newcomb, Mr. Plumer, & Mr. E. S. Liv- 
ermore be a committee to report to the convention a true 

1 The editor of State Papers, vol. X, searched In vain for an address as 
ordered to be sent out to the people, vol. X, p. 144. 



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128 MAINirAL OF THE OONSTSITUTION 

copy of the constitution as revised and agreed to by the peo- 
pie." 

This committee reported as follows: 

"In convention held at Concord the fifth day of September, 
Anno Domini 1792, the returns from the several towns and 
incorporated places being examined, and it appearing that the 
foregoing bill of rights and form of government, 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." 

The convention then dissolved jusit one year, lacking two 
days, from the date of its first assembling. 

Various causes, including the large number of changes 
made in the constitution of 1784 by the amendments proposed 
by this convention, have combined to make the resulting 
instrument popularly known as a new constitiition, that of 
1792. Clearly such designation is incorrect. Judge Allen, in 
State V. Saunders, 6Q N. H. 72, says: "... The impression 
that a constitution was adopted in 1792 (Gen. Laws 40, n-; 55 
N. H. 190-192) is erroneous. Journal of the convention in 
10 Prov. and St. Pap. 57, 63, 110-114, 141-168; constitution, 
art. 97 (formerly art. 98). The error may have arisen from 
a misunderstanding of votes passed by the convention (Jour- 
nal, p. 167), the certificate signed by the President and Sec- 
retary of the convention (Gen. St. p. 34), and the act of 
December 14, 1792. Laws, ed. of 1797, p. 50. The state has 
had but. one permanent constitution. (The government of 
1776 was intended to be temporary. 10 N". H. 143; 59 N. H. 
272.) ^The constitution of 1792' is a misnomer. In article 
20 of the b'll of rights, and in article 89 of the second part 
of the constitution, 'heretofore' means before 1784." 

The journal of the convention of 1791-2 has been printed 
in vol. X of the Province and State Papers, pp. 1-196. 



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j^RTICI.ES 



IN ADDITION TO AND AMBSfDMBNT 
OF THB 

OONSTITUTIO:Nr 



STA.TE OF NEW-HAMPSHIRE 

AGREED TO BY THB CONVENTION OF SAID STATE, AND 

-^SUBMITTED TO THE PEOPLE THEREOF FOR THEIR 

APPROBATION AT A MEETING OF THE INHABITANTS 

DULY WARNED FOR THAT PURPOSE, TO BE HELD 

ON THE FIRST MONDAY OF MAY, BEING 

THE SEVENTH DAY OF THE MONTH, 



1793 



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MANUAL OF THE CONSTITUTION 131 

UI9TKEB TH£ HEAD BILL OF BIGHTS: 

Thiat the following be added to the 6th article. 



But this shall not be construed to free a person from the 
obligation of his own contract, on his pretence of changing his 
religious persuasion after making the contract. 

And whenever a minister is settled by any incorporated town 
or parish any person dissenting shall have liberty, either at the 
meeting or previous to the ordination of the minister, or within 
one monin after the vote obtained for his settlement, to enter 
his dissent with the town or p'arish clerk against paying or con- 
tributing towaru the support of such minister; and all minors 
who, after such settlement, shall come of age, and all inhabi- 
tants of such town or parish who are absent from the same at 
the time of such meeting or settlement, and all persons who, 
after such settlement, move into such town or parish to reside, 
shall have three months from the time of their coming of full 
age, returning into town, or moving in to reside as aforesaid 
respectively to enter their dissent with the town or parish clerk 
as aforesaid. 

And all persons who do not enter their dissent as aforesaid 
shall be bound by the major vote of such town or parish, and 
it shall be considered as their voluntary contract. 

But all persons who enter their dissent las aforesaid shall not 
be bound by the vote of such town or parish, or considered as 
party to such contract, or in any way be compelled to contribute 
towards the support of the minister; nor shall any person be 
compelled to contribute towards the support of a minister 
who shall change from the sect or denomination of which he 
professed to be when he settled, to any other persuasion, sect, 
or denomination. Rejected. 

II. 

Abtiolb 17. — That the word "Assembly" be expunged, and 
the word "Legislature" inserted. 

III. 

ABTica^ 18. — That the words "those of," **dye," be expunged, 
and the word "offences" inserted. 



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132 MANUAL OF THE CONSTITimON 

rv. 

Article 19 to be expunged, and the following substituted in 
lieu thereof, viz.: 

Every subject hath a right to be secure from all unreasonable 
searches 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 examiniation, or trial in prosecu- 
tions 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 the 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 ac- 
companied with a special designation of the persons or objects 
of search, arrest, or seizure; and no warrants ought to be issued 
but in pases and with the formalities prescribed by law. 

V. 

Article 20 to be expunged, and the following substituted in 
lieu thereof, viz.: 

In all controversies concerning property, and in all suits be- 
tween two or more persons, excepting in cases wherein it hath 
been heretofore otherwise used and practiced, the parties have 
a right to a trial by jury, and this right shall be deemed sacred 
and inviolable; but the legislature may, by the constitution, be 
empowered' to make such regulations as will prevent parties 
from having as many trials by jury in the same suit or action 
as hath been heretofore allowed and practiced, and to extend 
the civil jurisdiction of justices of the peace to the trial of 
suits where the sum demanded in damages doth not exceed four 
pounds, saving the right of appeal to either party; but no 
such regulations shall take away the right of a trial by jury in 
any case not in this article before excepted, unless in cases 
respecting mariners* wages. Rejected. 

VI. 

Article 31 to be expunged, and the following substituted in 
lieu thereof, viz.: 

The legislature shall assemble for the redress of public 
grievances, (and for making such laws as the public good may 
require. 

VIL 

Article 35 to be expunged, and the following substituted in 
lieu thereof, viz.: 



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MANUAL OF THE CONSTITUTION 133 

It is essential to the preservation of the rights of every indi- 
vidual, his life, liberty, property, and character, that there be an 
impartial interpretation 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 co\irt should 
hold fheir offices so long as they behave well, subject, however, 
to such limitations on account of age as may be provided by the 
qonstlitution of the state; and that they should have honor- 
able salaries (ascertained and established by standing laws. 

U!Nl>£at THB HEAI> GENERAL OO-UBT. 
VIII. 

The Senate and House shall assemble every year on the last 
Wednesday of October, and at such other times as they may 
judge necessary, and shall dissolve and be dissolved seven days 
next preceding the last Wednesday of October, and shall be 
styled the GENERAL COURT OF NEW HAMPSHIRE. 

Rejected. 
IX. 

No member of the General Cburt shall take fees, be of coun- 
sel, or act as advocate in any cause before either branch of the 
legislature; and upon due proof thereof such member shall 
forfeit his seat in the legislature. 



The doors of the galleries of each house of the legislature 
shall be kept open to all persons who behave decently, except 
when thie welfare of the state in the opinion of either branch 
shall require secrecy. 

SBaTATE. 

XI. 

That the several paragraphs under the head of Senate be ex- 
punged, and the following be substituted in lieu thereof, viz.: 

The 'Senate shall consist of thirteen members, who shall hold 
their office for one year from the last Wedinesday of October 
next ensuing their election. Rejected. 



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1 34 MANUAL OF THE OONSTITUTION 

xn. 

And that the state may be equally represented in the Sen- 
ate the legislature shall from time to time divide the state 
into thirteen districts as nearly equal as may be, without divid- 
ing towns and unincorporated places; and in making this divi- 
sion they shall govern themselves by the proportion of public 
taxes paid by the sraid idistricts, and timely make known to the 
inhabitants of the st-ale the limits of each district. Rejected. 

xin. 

The freeholders and other inhabitants of each district quali- 
fied as in this constitution is provided shall annually give in 
their votes for a Senator at some meeting holden in the month 
of March. 

XIV. 

The Senate shall be the first branch of the legislature; and 
the 'Senators shall be chosen in the following manner, viz.: every 
male inhabitant of each town and parish with town privileges, 
and places unincorporated in this state, of twenty-one years of 
age and upwards, excepting paupers and persons excused from 
paying taxes at their own request, shall have a right, at the 
annual or other meetings of the inhabitants of said towns and 
parishes to .be duly warned and holden annually forever in 
the month of Miarch, to vote in the town or parish wherein he 
dwells for the Senator in the district whereof he is a member. 

XV. 

Provided, nevertheless, that no person shall be capable of being 
elected a Senator who is not seized of a free-hold estate in his 
own right of the value of two hundred pounds lying within 
this state, who is not of the age of thirty years, and w»ho shall 
not have been an inhabitant of this state for seven years im- 
mediately preceding his election; and at the time thereof he 
shall be an inhabitant of the district for which he shall be 
chosen. Rejected. 

XVI. 

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 plantation where he dwelleth and hath his 
home. 



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■MANITAI/ OF THE OONflTITUTION 135 

XVII. 

And the inhabitants of plantations and places unincorporated, 
qualified as this constitution provides, who are or shall be re- 
quired to assess taxes upon themselyes towards the support of 
government, or shall be taxed therefor, shall have the same 
privilege of voting for Senators in the plantation and places 
wherein they reside as the inhabitants of the respective towns 
and parishes aforesaid have. And the meetings of such planta- 
tions and places for that purpose shall be hold en annually in 
the month of March at such places respectively therein as the 
assessors thereof shall direct; which assessors shall have like 
authority for notifying the electors, collecting and returning the 
votes, as the selectmen and town clerks have in their several 
towns by this constitution. 

XVIII. 

The meetings for the choice of Governor, Councillors, and Sen- 
ators sihall be warned by warrant from the selectmen, and gov- 
erned by a moderator, who shall, in the presence of the se'lect- 
men (whose duty it shall be to attend), in open meeting receive 
the votes of all the inhabitants of such towns and parishes 
present and qualified to vote for Senators; and shall in said 
meetings, in the presence of the said selectmen and of the town 
clerk, in said meeting sort and count the said votes, and make 
a public declaration 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 directed 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 such town or 
parish shall lie forty days, at least, before the last Wednesday 
of October, or to the Secretary of State at least thirty days be- 
fore the said last Wednesday of October; and the sheriff of 
each county, or his deputy, shall deliver all such certificates by 
him received into the Secretary*® office at least thirty days be- 
fore the last Wednesday of October. Rejected. 

XIX. 

And that there may be a due meeting of the Senators on the 
last Wednesday of October annually the Governor and a major- 
ity of the Council for the time being shall, as soon as may be, 
examine the returned copies of such records; and fourteeii days 



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136 MANUAL OF TBffi OONSTITUTION 

before the said last Wednesday of October he shall issue his 
summons to such persons as appear to be chosen Senators by 
a majority of votes to attend and take their seats on that day. 
Provided, nevertheless , that for the first year the said returned 
copies shall be examined by the President and a majority of 
the Council then in office, and the said President shall in like 
manner notify the persons elected to attend and take their 
seats accordingly. Rejected. 

XX. 

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, viz.: the members of the 
House of Representatives, 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 these shall 
elect by joint ballot the Senator wanting for such district; 
and in this manner all such vacancies shall be filled up 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 hap- 
pen. Rejected. 

XXI. 

The Senate shall be final judges of the elections, returns, and 
qualifications of their own members, as pointed out in this con- 
stitution. 

XXII. 

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 place. 

XXIII. 

The Senate shall appoint their President and' other officers, 
and determine their own rules and proceedings; and not less 
than seven members of the Senate shall make a quorum for 
doing business; and when less than eight members .^shall be 
present the assent of ^Te, at least, shall be necessary to render 
their acts and proceedings valid. 



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MANUAL OF THE CONSTITUTION' 137 

XXIV. 

The Senate shall be a court with full power and authority to 
hear, try, and determine all impeachments made by the House 
of Representatives against any oflScer or officers of the state 
for bribery, corruption, mal-practice, or mal-aidministration in 
office, with full |>ower to issue summons or compulsory process 
for convening witnesses before them, with all necessary powers 
incident to a court of trials. But previous to the trial of 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 pro- 
ceed in the hearing of the impeachment, giving the person im- 
peached, if he shall appear, full liberty of producing witnesses 
and proofs, and of making his defence by himself and counsel; 
and may also, upon his refusing or neglecting to appear, hear 
the proofs in support of the impeachment, and render judg- 
ment thereon, his non-appearance notwithstanding; and such 
judgment shall have the same force and effect as if the person 
impeached had appeared and pleaded on the trial. Their judg- 
ment, however, shall not extend further than removal from of- 
fice, disqualification to hold or enjoy any place of honor, trust, 
or profit under this staite; but the party so convicted shall, 
nevertheless, be liable to indictment, trial, judgment, and pun- 
ishment according to the laws of the land. Whenever the Gov- 
ernor shall be impeached the chief justice of the supreme ju- 
dicial court shall, during the trial, preside in the Senate, but 
have no vote therein. 

UNDETX THE HEAD HOUSE OF KEPRESENTIATIVES. 

XXV. 

Thiat the fifth paragraph under this head be expunged, and 
the following added': 

All persons qualified to vote in the elections of Senators shall 
be intitled to vote within the district where they dwell in the 
choice of Representatives. Every member of the House of Rep- 



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138 MANUAL OF THE OONeTITTJTION 

resentatives shall be chosen by ballot; and for two years, at 
least, next preceding his election shall have been an inhabi- 
tant of this state; shall have an estate witihin the district which 
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 shall be, at the time of his election, an 
inhabitant of the district he may be chosen to represent, and 
shall cease to represent such district immediately on his ceas- 
ing to be qualified as aforesaid. Rejected. 

XXVI. 

That the sixth aiTticle under said head be expunged, and the 
following added: 

The members of both houses of the legislature shall be com- 
pensated for their services out of the treasury of the state by 
a law made for that purpose, such member attending season- 
ably, and uot departing without license. All intermediate va- 
cancies in the House of Bepresentatives may be filled up from 
time to time in the same manner as annual elections are made. 

XXVII. 

The House of Representatives shall be judge of the returns, 
elections, and qualifications of its members as pointed out in 
this constitution. That the last paragraph under the head of 
House of Representatives be expunged, and the following ad- 
ded, viz.: 

XXVIII. 

The journal of the proceedings and all the public acts of both 
houses of the legislature shall be printed and published im- 
mediately after every adjournment or prorogation; and, upon 
motion made by any one member, the yeas and nays upon any 
question shall be entered in the journals; and any member of 
the Senate or House of Representatives shall have a right, on 
motion made at the time for that purpose, to have his protest 
or dissent, with the reasons against any vote, resolve, or bill 
passed, entered on the journals. 

EXECUTIVE POWER. 

GOVEBNOB. 

XXIX. 

The Governor shall be chosen annually in the month of March, 
and votes for Governor shall be received, counted, sorted, certi- 



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MANTJAIi OF THE 06nSTITDTI0N 139 

fled, ami; returned in the same manner as the votes for Senators; 
and the Secretary shall lay the same before the Senate and 
House of Representatives on the last Wednesday of October, to 
be by them examined, and in case of an election by a majority 
of votes through the state the choice shall be by them declared 
and published. Rejected. 

XXX. 

And the qualifications of electors of the Governor shall be the 
same as those for Senators; and if no person shall have a ma- 
jority of votes the Senate and House of Representatives shall 
by joint ballot elect one of the two persons having the highest 
number of votes, who shall be declared Governor. 

XXXI. 

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 hundred pounds, one half 
of which shall consist of a freehold in his own right within this 
state. Rejected. 

XXXII. 

In cases of disagreement between the two houses with regard 
to the time or place of adjournment or prorogation, the Gov- 
ernor, with advice of Council, shall have a right to adjourn 'or 
prorogue the General Court not exceeding seven months at any 
one time, as he may determine the public good may require, to 
meet at the place where the General Court shall be at that time 
sitting; and he shall dissolve the same seven days before the 
said last Wednesday of October. Rejected. 

XXXIII. 

And in the case of any infectious distemper prevailing in the 
place where the said Court is to convene, or any other cause 
whereby dangers may arise to the health or lives of the mem- 
bers from their attendance, the Governor may direct the ses- 
sion to be holden at some other the most convenient place 
within the state. 



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140 MANUAL OF THE OQNSTITUTIdX 

XXXIV. 

Every bill which shall have passed both houses of the Gen- 
eral Count shall, before it become a law, be presented to the 
Governor; if he approve he shall sign it; but if not he shall 
return it with Lis objections 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 reconsidera- 
tion, 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 approved 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 respect- 
ively. If any bill shall not be returned by the Governor within 
five days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law in like manner as if he had 
signed it, unless the legislature by their adjournment prevent 
its return, in which case it shall not be a law. Rejected. 

XXXV. 

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 repassed by the Senate and House 
of Representatives according to the rules and limitations pre- 
scribed in the case of a bill. Rejected. 

XXXVI. 

All judicial officers, the attorney-general, solicitors, all sher- 
iffs, coroners, registers of proibate, and all officers of the navy, 
and general and field officers of the militia shall be nominated 
and appointed by the Governor and Council; and every such 
nomination shall be made at least three days prior to such ap- 
pointment; and no appointment shall take place unless a major- 
ity of the Council agree thereto. The Governor and Council 
shall have a negative on each other, both in the nominations and 
appointments. Every nomination and appointment shall be 
signed by the Governor or Council; and every negative shall 
be also signed by the Governor or Council who made the same. 

Rejected, 
XXXVII. 

The captains and subalterns in the respective regiments shall 
be nominated by the field officers, and if approved by the Gov- 
ernor shall be appointed by him. Rejected. 



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MANUAL OF THE CONSTITUTION 141 

XXXVIII. 

Whenever the chair of the Governor shall become vacant by 
reason of his death, absence from the state, or otherv^rise, the 
President of the Senate shall, during such vacancy, have and 
exercise all the powers and authorities which by this constitu- 
tion the Governor is vested with when personally present; but 
when the President of the Senate shall exercise the office of 
Governor he shall not hold his office in the Senate. 

XXXIX. 

The several paragraphs under the head "President" in the 
constitution shall be altered by expunging the word "Presi- 
dent," and inserting the word Governor in lieu thereof. 

XL. 

And the second, third, fourth, sixth, ninth, sixteenth, and last 
paragraph under the head "President" in the constitution shall 
be expunged, and be considered as no longer in force. 

Rejected. 

COUNCIL. 
XLI. 

The several paragraphs under the head "Council" in the Con- 
stitution shall be expunged, and the following substituted in 
lieu thereof: 

There shall be annually elected by ballot five Councillors 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 March 
give in their votes for one Councillor, which votes shall be 
received, sorted, counted, certified, and returned to the B>ecre- 
tary's office, in the same manner as the votes for Senators, to be 
by the Secretary laid before the Senate and House of Repre- 
sentatives on the last Wednesday of October. Rejected. 

XLII. 

And the person having a majority of votes in any county 
shall be considered as duly elected a Councillor; but if no per- 
son shall have a majority of votes in any county the Senate 
and House of Representatives shall take the names of the two 



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142 MANUAL OF TH£ OONSTITUTION 

persons who have the highest number of votes in each county, 
and not elected, and out of those two shall elect by joint bal- 
lot the Councillor wanted for such county. 

XLIII. 

Provided, nevertheless, that no person shall be capable of being 
elected a Councillor who has not an estate of the value of five 
hunidxed pounds within this state, three hundred pounds of 
which or more shall be a freehold in his own right; and' who 
is not thirty years of age, and who shall not have been an in- 
habitant of this state for seven years immediately preceding 
his election, and at the time of his election an inhabitant of the 
county in which he is elected. Bejected. 

XLIV. 

The Secretary shall annually seventeen days before the last 
Wednesday of October, give notice of the choice of the persons 
elected. Rejected. 

XLV. 

If any person shall be elected Governor or member of either 
branch of the legislature, and shaill accept the trust, or if any 
person elected as Councillor shall refuse to accept the office, or 
in case of tlie 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. The Governor shall have 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 law of the land. 

XL VI. 

The members of the Council may be impeached by the House 
and tried by the Senate for bribery, corruption, mal-practice, or 
mal-administration. The resolutions and advice of the Council 
shall be recorded by the Secretary in a register, and signed by 
all the members 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 resolutions of the majority, with the reasons for such 
opinion. 



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MANUAL OF THE OONaTITUTION 143 

XLVII. 

The legislature may, if the public good shall hereafter re^ 
quire it, divide the state into five districts as nearly equal as 
may be, governing themselves by the number of rateable polls 
and proportion of public taxes, each district to select a Coun- 
cillor; and in case of such division the manner of the choice 
shall be conformable to the present mode of election in coun- 
ties. 

XLVIII. 

And whereas the elections appointed to be made by this con- 
stitution on the last Wednesday of October, annually, by tie 
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 shall be completed'. And the order of the elections 
shall be as follows: the vacancies in the Senate, if any, shall 
be first filled up; the Governor shall then be elected, provided 
there shall be' no choice of him by the people, and afterwards 
the two houses shall proceed to fill up the vacancy, if any, in 
the Council. Eejected. 

UN1XE2B THE HEAD BEClRIErrABY, &C. 

XLIX. 

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 ap- 
pointed. 

L. 

The Secretary, before he enters upon the business of his 
office, shall give bond, with sufficient sureties, in a reasonable 
sum for ihe use of the state for the punctual performance of 
his trust. 

COUNTY TBSEABTJREB, &C. 
LI. 

That the paragraph under this head in the constitution be 
expunged, and the following substituted in the lieu thereof: 

The county treasurer and register 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 



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144 MANUAL OF THE CONSTITUTION 

laws of the staite; provided^ nevertheless, the legislature (shall 
have authority) to alter the manner of certifying the votes and 
the mode of electing those officers, but not so as to deprive 
the people of the right they now have of electing them. 

LIZ. 

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. 

LIII. 

The county treasurer and register of deeds, before they en- 
ter upon the business of their offices, shall be respectively sworn 
faithfully to discharge the duties thereof, and shall severally 
give bond, with sufficient sureties, in a reasonable sum for the 
use of the county or district for the punctual performance of 
their respective trusts. 

JUDICIARY POWER. 

LIV. 

It shall be the. duty of the General Court to make a reform in 
the judiciary system, that justice may be administered in a 
more cheap and expeditious manner than is now practiced; and 
that no party shall have a review after the cause has been de- 
termined against him twice by jury. Rejected. 

LV. 

The General Court are hereby empowered to make altera- 
tions in the power and jurisdiction of the courts of common 
pleas and general sessions of the peace respectively; or, if they 
shall judge it necessary for the public good, to abolish those 
courts, or either of them, anid invest such other courts as they 
may establish with the jurisdiction and powers now vested in 
the courts of common pleas and courts of general sessions of 
the peace, as the General Court may from time to time judge 
expedient for the due administration of law and justice. 

Rejected. 
LVI. 

And it shall be the duty of the General Court to vest in such 
court or courts of law as to them may appear expedient the 
power of granting new trials, or a trial after judgment, either 



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MAN'UAL OF THE OONSTITUTION 145 

upon verdict of a jury, de^ult, non-suit, or complaint for af- 
firmation of judgment, in all cases where substantial justice has 
not been done (except as before excepted) in such manner and 
under such restrictions land regulations as to the General Court 
m«ay appear for the public good; provided application be made 
for such reviews or trial within one year from the rendition 
of judgment. Rejected. 

LVII. 

For the more effectually preserving the proper separation of 
the three great powers of government agreeably to the 37th ar- 
ticle in the bill of rights, the power of hearing and deciding in 
causes of equity shall be vested either in some judicial court 
or courts, or in some court to be estaiblished specially for that 
purpose; provided no power shall be granted to any such courts 
incompatible with the bill of rights and constitution; and the 
powers of said courts shall be limited and defined by express 
law^s, and no suit in equity shall 'be sustained where clear 
and adequate remedy may be had at law. Rejected. 

LVIII. 

The General Court are empowered to give justices of the 
peace jurisdiction in civil causes when the damages id'emanded 
shall not exceed four pounds, and title of real estate is not con- 
cerned; but with right of appeal to either party to some other 
court, so that a trial by jury in the last resort may be had. 

LIX. 

No person shatl hold the office of judge of any court, or 
judge of probate, or sheriff of any county after he has at- 
tained the age of seventy years. 

LX. 

No judge of any court or justice of the peace shall act as at- 
torney, or be of counsel to any party, or originate * any civil 
suit in miatters which shall come or be brought before (him) 
as judge or justice of the peace. 

LXI. 

All matters relating to the probate of wills and granting let- 
ters of administration shall be exercised by the judges of pro- 
bate in such manner as the legislature have directed, or may 



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146 MANUAL OF THE CONSTITUTION 

hereafter direct; and the judges of probate shall hold their 
courts at such place or places on such fixed days as the eon- 
veniency of the people may require, and the legislature from 
time to time appoint. 

LXII. 

No judge or register of probate shall be of counsel, act as 
advocate, or receive any fees as advocate or counsel in any pro- 
bate business which is pending, or may be brought into any 
court of probate in the county of which he is judge or reg- 
ister. 

LXIII. 

That the paragraph under the head "clerks of cx)tiBT" in the 
constitution be expunged, and the following substituted, viz.: 

LXIV. 

The judges of the courts (those of probate excepted) shall 
appoint their respective clerks, to hold their office during pleas- 
ure. And no such clerk shall act as an attorney or be of coun- 
sel in any cause in the court of v^hich he is clerk, nor shall he 
draw any writ originating a civil action. 

LXV. 

That the paragraph in the constitution under the head 

"D!EIiEGATE8 TO CONOBESS" be expUngcd. 

LXVI. 

The oath of allegiance in the constitution shall be expunged, 
and the following shall be substituted in lieu thereof: 

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. 80 help me God, 

liXVII. 

Any pei'son having taken and subscribed the oath of allegiance 
shall not be obliged to take said oath again. 

LXVIII. 

And the oath 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 Rep- 
resentatives first elected under this constitution, as amended 



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MANCJAIi OF THE CONSTITUTION 147 

and altered, before the President of the state and a majority of 
the Councillors then in office; and forever afterwards before the 
Governor and Council for the time being; and by all other of- 
ficers before, such persons and in such manner as the legis- 
lature shall from time to time appoint. 

LXIX. 

That the 15th paragraiph in this constitution under the head 
"OATHB & STrBSCRiFTiOiNB" &0. be expunged, and the following sub- 
stituted in lieu thereof, viz.: 

LXX. 

No person holding the office of judge of any court — except 
special judges — Secretary, Treasurer of the state, Attorney- 
General, Commissary-Oeneral, military officers receiving pay 
from the continent or this state — excepting officers of the 
militia occasionally called forth on an emergency — register of 
deeds, sherifP or officer of the customs, including nawal of- 
ficers, collectors of excise and state and continental taxes here- 
after appointed, and not having settled their accounts with the 
respective officers with whom it is their duty to settle such ac- 
counts, members of Congress, or any person holding an 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 Repre- 
sentatives or Council; but his being chosen and appointed to, 
and accepting the same shall operate as a resignation of his 
seat in the chair of the Sen<ate or House of Representatives or 
Council, and the place so vacated shall be filled up. No mem- 
ber of the Council shall have a seat in the Senate or House of 
Representatives. 

LXXI. 

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 amendments and alterations 
shall take efPect, and make the necessary arrangement accord- 
ingly. That the last paragraph in the constitution be ex- 
punged, and the following substituted in lieu thereof, viz.: 

LXXII. 

It shall be the duty of the selectmen and assessors of the 
several towns and places in this state, in warning the first 



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148 MANUAL OF THE OQNSTITUTION 

annual meeting 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 sens© 
of the qualified voters on the subject of a revision of the con- 
stitution. 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 clerk, sealed up, and directed to the General Court 
at their then next session; and if it shall appear to the Gen- 
eral Court by such returns 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 
meeting there is a necessity for a revision of the constitution, 
it shall be the duty of the General Court to call a convention for 
that purpose; otherwise the General Court shall direct the 
sense of the people to be taken, and then proceed in the man- 
ner before mentioned; the delegates to be chosen in the same 
manner, and proprotioned as the representatives to the General 
Court; pr(ycid>ed that no alterations shall be made in this con- 
stitution before the sa-me shall be laid before the towns and 
unincorporated places, and approved by two thirds of the quali- 
fied voters present and voting on the subject. And the same 
method of taking the sense of the people as to the revision of 
the constitution and calling a convention for that purpose shall 
be observed afterwards at the expiration of every seven years. 

JOHN PICKERING, 

President P. T. 
Attest: 
John Calfe, Secretary. 



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MANUAL OF THE CONSTITUTION 



149 



VOTE ON ARTICLES OF AMENDMENT TO THE CONSTITU- 
TION OF NEW HAMPSHIRE, SUBMITTED TO 
THE PEOPLE MAY 7, 1792. 



Number 






Number 






of 


Yeas 


Nays 


of 


Yeas 


Nays 


Qaestion 






Question 






1 


994 


3,903 


37 


2,077 


1.558 


2 


3,760 


293 


38 


2,422 


1,113 


3 


3,667 


462 


39 


2,467 


1,220 


4 


3336 


694 


40 


2,104 


1.270 


5 


2,611 


1,554 


41 


2,287 


1,336 


6 


^,(m 


969 


42 


2,553 


1,044 


7 


3,173 


914 


43 


1,929 


1,584 


8 


1.627 


2,226 


44 


2,102 


1.320 


9 


4.286 


219 


45 


2,356 


1,113 


10 


4,330 


144 


46 


4,623 


820 


11 


2,128 


1.846 


47 


2,384 


1,092 


12 


2,407 


1,478 


48 


2,165 


1,248 


13 


2,624 


1,219 


49 


2,748 


649 


14 


2,722 


1,102 


50 


3,284 


371 


15 


2,800 


1,600 


51 


2,391 


1,019 


16 


2,542 


1,174 


52 


2,869 


714 


17 


2,763 


1,066 


53 


3,111 


426 


18 


2,343 


1,541 


64 


2,168 


1,368 


10 


2,135 


1,657 


5r. 


1,540 


1,911 


20 


2,329 


1,191 


56 


2,156 


1,192 


21 


2,693 


1,034 


67 


1,883 


1,340 


22 


2,946 


813 


58 


2.228 


1,103 


23 


2,565 


1,007 


59 


2,607 


912 


24 


2,868 


800 


60 


3,140 


499 


25 


2,406 


1,256 


61 


2,899 


460 


26 


2.653 


1,120 


62 


3.268 


294 


27 


2,8«3 


489 


63 


2,540 


m 


28 


3,087 


460 


64 


2.905 


439 


29 


2,018 


1,769 


65 


2,852 


302 


30 


2,476 


1,163 


66 


3,037 


300 


31 


2,203 


1,454 


67 


3,085 


206 


32 


1,020 


1,611 


68 


2,244 


907 


33 


2,659 


1,081 


69 


2,127 


682 


34 


2,319 


1,258 


70 


2,499 


867 


35 


2,183 


1,330 


71 


8,104 


226 


36 


2,327 


1,196 


72 


3,327 


187 



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^KTIOLES 



IN ADDITION TO AND 



.A.nv^E3^IDnv^EI>rT 



OF THB 



OOl^STITTJTIOIsr 



STATE OF NENA/ HAMPSHIRE 

AGRBED TO BY THE 

OOlTVEIsTTIOlT 

AND SUBMITTED TO THE PEOPLE THEREOF 
FOR THEIR APPROBATION 

AUGUST 2 7^, lyQS 



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MANUAL OF THE OONSTITUTION 158 

In ijOsrvusfniXN hei^d at Conookd tke ulbt Wednesdo/y of Moifj 
1792, BT adjournment. 

Whereas, upon examining the returns from the several towns 
and unincorporated places, it appears that under the heads 
Senate, Chovernor, and Council many articles are approved by 
two thirds of the voters, and many are not approved, by 
reason whereof said amendments are rendered inconsistent 
and contradictory; and the convention not having the power 
to reject what has been approved by the people as aforesaid. 
THE-REFORE, resolved that articles be again sent out to be 
laid before the several towns and unincorporated places on 
the twenty seventh day of August next, that the whole may be 
approved or rejected; and that return thereof be made to the 
convention on the fifth day of September next. And that the ar- 
ticles which have been already approved by more than two 
thirds of the voters, and not inconsistent or contradictory, be 
printed, that it may be known what articles have been ratified 
by the people. 

And whereas, if the articles now sent out are not approved 
by two thirds of the qualified voters the last clause in the ex- 
clusion bill, which is in the following words, "No member of 
the Council shall have a seat in the Senate or House of Repre- 
sentatives," will be repugnant to other parts of the constitu- 
tion, therefore, resolved that an article be sent out for expunging 
said clause. 

ARTICLE. 

"No member of the Council shall have a seat in the Senate 
or House of Representatives" shall be expunged. 

SENATE. 

The Senate shall consist of twelve members, who shall hold 
their office for one year from the first Wednesday of June next 
ensuing their election. 

And, that the state may be equally represented in the Senate, 
the legislature shall, from time to time, divide the state into 
twelve districts, as nearly equal as may be without dividing 
towns and unincorporated places; and in making this division 
they shall govern themselves by the proportion of direct taxes 
paid by said districts, and timely make known to the inhabitants 
of the state the limits of each district. 



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154 MANUAL OF THS OONflTITUTION 

The freeholders and other inhabitants of each district, quali- 
fied as in this constitution is provided, shall annually give in 
their votes for a Senator at some meeting holden in the month 
of March. 

The Senate shall be the first branch of the legislature; and 
the Senators shall be chosen in the following manner, viz.: 
every male inhabitant of each town and parish with town 
privileges, and places unincorporated, in this state of twenty- 
one years of age and upwards, excepting paupers and persona 
excused from paying taxes at their own request, shall have a 
right, at the annual or other meetings of the inhabitants of 
&aid towns and parishes to be duly warned and holden an- 
nually forever in the month of March, to vote in the town or 
parish wherein he dwells for the Sena^tor in the district whereof 
he is a member. 

Provided, nevertheless, that no person shall be capable of being 
elected a Senator, who is not of the Protestant religion, and 
seized of a freehold estate in his own right of the value of 
two hundred pounds lying within this state, who is not of the 
age of thirty years, And who shall not have been an inhabi- 
tant of this state for seven years immediately preceeding his 
election, and at the time thereof he shall be an inhabitant of 
the district for which he shall be chosen. 

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 thei 
town, parish, and plantation where he dwelleth and hath his 
home. 

And the inhabitants of plantations and places unincorporated, 
qualified as this constitution provides, who are or shall be re- 
quired to assess taxes upon themselves towards the support of 
government, or shall be taxed therefor, shall have the same 
privilege of voting for Senators in the plantations and places 
wherein they reside as the inhabitants of the respective towns 
and parishes aforesaid have. And the meetings of such planta- 
tions and places for that purpose shall be holden annually m 
the month of March at such places respectively therein as the 
assessors thereof shall direct; which assessors shall have like 
authority for notifying the electors, collecting and returning 
the votes, as the selectmen and town clerks have in their sev- 
eral towns by this constitution. 

The meetings for the choice of Governor, Council, and Sena- 
tors shall be warned by a 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 



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iMAJIUAL OF THE CONaTITtmON 155 

receive the votes of all the inhabitants of such towns and par- 
ishes present and qualified to vote for Senators; and shall, in 
said meeting's, in presence of the said selectmen and of the 
town clerk, in said meeting' sort and count the said votes, and 
make a public declaration 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 directed 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 sherifP of the county in which such 
towTi 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 Wednesdiay of June. 

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, ex- 
amine the returned copies of such records, and fourteen days 
before the first Wednesday of June he shall issue his summons 
to such persons a« appear to be chosen Senators by a majority 
of votes to attend' and take their seats on that day. 

Provided, nevertheless^ that for the first year the said returned 
copies shall be examined by the President and a majority of 
the Council then in office; and the said President shall, in like 
manner, notify the persons elected to attend and take their 
seats accordingly. 

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 maainer, viz.: the members of the 
House of Eepresentatives, and such iSenators as shall be de- 
clared 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 up in 
every district of the state, and In like manner all vacancies in 
the Senate arising by death, removal out of the state, or other- 
wise, shall be supplied as soon as may be after such vacancies 
happen. 

The Senate shall be final judges of the elections, returns^ and 
qualifications of their own members, as pointed out in this 
constitution. 



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156 iMAiNUAIi OF TttB CONBTITDTION 

The Senate shall have power to adjourn themselves, provided 
such adjournment do not exceed two days at a time. 

Providied, 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 as- 
sembled on such day, or at such place. 

The Senate shall appoint their President and other officers 
and determine their own rules of proceedings; and not less 
than seven members of the Senate shall make a quorum for do- 
ing business; and when less than eight Senators shall be pres- 
ent the assent of five, at least, shall be necessary to render 
their acts and proceedings valid. 

The Senate shall be a court, with full power ana authority to 
hear, try, and determine all impeachments made by the House 
of Representatives against any officer or officers of the state 
for bribery, corruption, mal-practice, or mal-administration in 
office; with full power to issue summonis or compulsory process 
for convening witnesses before them. But previous to the trial 
of any such impeachment the members of the Senate shall re- 
spectively be sworn truly and impartially to try and determine 
the charge in question according to evidence. And every of- 
^er 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 re- 
turned the Senate may proceed in the hearing of the impeach- 
ment, giving the person impeached, if he shall appear, full lib- 
erty o^ producing witnesses and proofs, and of making his de- 
fence by himself and counsel, and may also, upon his refusing 
or neglecting to appear, hear the proofs in support of the im- 
peachment and render judgment thereon, his non-appearance 
notwithstanding; and such judgment shall have the &ame force 
and effect as if the person impeached had appeared and 
pleaded in the trial. Their judgment, however, shall not ex- 
tend further 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 in- 
dictment, trial, judgment, and punishment according to the 
laws of the land. 

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. 



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MANUAL OF THE CONSTITUTION 157 

EXECUTIVE POWER. 

€K>YERNOB. 

There shall be a supreme executive magistrate, who shall be 
styled the Governor of the State of New Hampshire, and whose 
title shall be HIS EXCELLENCY. 

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 be- 
fore the Senate and House of Representatives on the first 
Wednesday of June, to be by them examined, and in case of an 
election by a majority of votes thro' the state the choice shall 
be by them declared and published. 

And the qualifications 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 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 preceedlng, and unless he shall be 
of the age of thirty years, and unless he shall, at the oame 
time, have an estate of the value of five hundred pounds, one 
half of which shall consist of a freehold in his own right 
within this state, and unless he shall be of the Protestant re- 
ligion. 

In cases of disagreement between the two houses with regard 
to the time or place of adjournment or prorogation, the Gov- 
ernor, with advice of Council, shall have a ri^ht 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 wl^ereby 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. 

Every bill which sbaJl have passed both houses of the General 
Court shall, before it become a law, be presented to the Gov- 
ernor; if he approve he shall sign it; but if not he shall return 
it, with his objections, to that house in which it shall have 



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158 MANUAL OF THE OaNSTITUTION 

originated, who shall enter the objections at large on their 
journal, and proceed to reconsid'er it; if, after such reconsidera- 
tion, two thirds of that house sh<all 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 approved 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 biil shall not be returned by the Governor 
within five days (Sundays excepted') after it shall have been 
presented to him, the same shall be a law in like manner as 
if he had signed it, unless the legislature by their adjournment 
prevent its return, in which case it shall not be a law. 

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 repassed by the Senate and House 
of Kepresentatives according to the rules and limitations pre- 
scribed in the case of a bill. 

All judicial officers, the attorney-general, solicitors, all sher- 
iffs, coroners, regpLsters of probate, and all officers of the navy, 
and general and field officers of the militia shall be nominated 
and appointed by the 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. The Governor and Coun- 
cil shall have a negative on each other, both in the nominations 
and appointments. Every nomination and appointment shall be 
signed by the Governor and Council, and every negative shall 
be also signed by the Governor or Council who made the same. 

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 re- 
ceipt of such recommendation. 

Whenever the chair of the Governor shall become vacant by 
reason of his death, absence from the state, or otherwise, the 
President of the Senate shall, during such vacancy, have ojid 
exercise all the powers and authorities which, ^by this- consti- 
tution, the Governor is vested with when personally present; 
bnt when the President of the Senate shall exercise the office 
of Governor he shall not hold his office in the Senate. 

The Governor, with advice of the Council, shall have full 
power and authority, in the recess of the General v Court., to 
prorogue the same from time to time, not exceeding ninety 
days in any one recess of said Court; and during the sessions 



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MANUAL OP THE OQNSTrrUTION 159 

of said court to adjourn or prorogfue it to any time the two 
houses may desire, and to call it together sooner than the 
time to which it m«.y be adjourned or prorogued, if the welfare 
of the state should require the same. 

The Governor of this state for the time being shall be com- 
mander-in-chief of the army and navy, and all the military 
forces of the state by sea and land; and shall have full power 
by himself, or by any chief commander or other officer or 
oflRcers, from time to time to train, instruct, exercise, and gov- 
ern the militia and navy; and for the special defence and safety 
of this state to assemble in martial array, and put in warlike 
posture the Inhabitants thereof, and to lead and conduct them, 
and with them to encounter, repulse, repel, resist, and pursue 
by force of arms, as well by sea as by land, within and with- 
out 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 ^tate; 
and to use and exercise over the army and' navy, and over the 
militia in actual service, the law martial in time of war, in- 
vasion, and also in rebellion declared by the legislature to 
exist, as occasion shall necessarily require; and surprise by 
all ways and nueans whatsoever all and every such person or 
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 entrusted with all other powers incident to the office 
of captain-general and commander-in-chief and admiral, to 
be exercised agreeably to the rules and regulations of the 
constitution and the laws of the land: provided that the 
Governor shall not, at any time hereafter, by virtue of any 
power by this constitution granted, or hereafter to be granted 
to him by the legislature, transport any of the inhabitants of 
this state, or oblige them to march, out of the limits of the 
same without their free and voluntary consent or the consent 
of the General Court, nor grant commissions for exercising the 
law martial in any case without the advice and consent of the 
Council. 

The power of pardoning offences, except such as persons may 
1^ convicted of before the Senate by impeachment of the 
House, shall be In the Governor, by and with the advice of 
the Council; but no charter of pardon grailteid by the Gov- 
ernor, with advice X)f Council, before conviction shall avail the 
party pleading the same, notwithstanding any general or par* 



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160 MANUAL OF THE OONSTrTUTION 

ticular expressions contained therein descriptive of the of- 
fence or offences intended to be pardoned. 

No officer duly commissioned to command in the militia shall 
be removed from his office but by the address of both houses 
to the Governor, or by fair trial in court-martial pursuant to 
the laws of the state for the time being. 

The commanding officers of the regiments shall appoint their 
adjutants and quarter-masters; the brigadiers, their brigade- 
majors; the major-generals, their aids; the captains and sub- 
alterns,- their non-commissioned officers. 

The Governor and Council shall appoint all officers of the 
continental army whom, by the confederation of the United 
States, it is provided that this state shall appoint; as also all 
officers of forts and garrisons. 

The division of the militia into brigades, regiments, and com- 
panies made in pursuance of the militia laws now in force 
shall be considered as the proper division of the militia of this 
state until the same shall be altered by some future law. 

No monies shall be issued out of the treasury of this state 
and disposed of (except such sums as may be appropriated for 
the red'emption 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. 

All public bojirds, 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 with- 
out requisition, and at other times when required by the Gov- 
ernor, deliver to hirn an account of all goods, stores, provisions, 
ammunition, cannon with their appendages, and all small arms 
with their accoutrements, and of all other public property 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 harbour or 
harbours adjacent. 

The Governor and Council shall be compensated for their 
services from time to time by such grants as the General Court 
shall think reasonable. 

Permanent and honourable salaries shall be established by 
law for the justices of the superior court. 



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MANUAL OF THE OQNSTITUTION 161 



CJOITNCrL. 

There shall be annually elected by ballot five Councillors, 
for advifiing the Oovernor 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 re- 
ceived, sorted, counted, certified, and returned to the Secre- 
tary's office in the same manner as the votes for Senators, to 
be by the Secretary laid before the Senate and House of Rep- 
resentatives on the first Wednesday of June. 

And the person having a majority of votes in any county 
shall be considered as d'uly elected a Councillor; but if no per- 
son shall have a majority of votes in any county the Senate 
and House of Representatives shall take the names of the two 
persons who have the highest number of votes in each county, 
and not elected, and out of those two shall elect by joint ballot 
the Councillors wanted for such county; and the qualifications 
for Councillors shall be the same as for Senators. 

If any person thus chosen a Councillor shall be elected Gov- 
ernor 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 case of the death, resigna- 
tion, or removal of any Councillor out of the state, the Gov- 
ernor 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 Gov- 
ernor 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 arndi shall from time to time 
hold a Council for ordering and directing the affairs of the 
state according to the laws of the land. 

The members of the Council may be impeached by the House 
and tried by the Senate for bribery, corruption, mal-practice, 
or maladministration. 

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 ax 
any time by either house of the legislature; and any member 
of the Council may enter his opinion contrary to the resolutions 
of the majority, with the reasons for such opinion. 

The legislature may, if the public good' shall hereafter require 
it, divide the state into five districts, as nearly equal as may 
be, governing themselves by the number of ratable polls and 
proportion of public taxes; each district to elect a Councillor. 



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162 MANUAL OF THE OONSTITIJTION 

And in case of such division the manner of the choice shall 
be conformable to the present mode of election in counties. 

And whereas the elections appointed to be made by this con- 
stitution on the first Wednesday of June annually by the two 
houses of the legislature may not be completed on that day, 
the said elections may be adjourned from day to day until 
the same be completed; and the order of the elections shall be 
as follows: the vacancies in the Senate, if any, shall be first 
filled up; the Governor sh-all then be elected, provided there 
Bhall 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. 

When the foregoing amendments shall become a part of the 
constitution of this state the several paragraphs now in the 
constitution established the thirty-first day of October, 1783, 
under the several heads Senate, Executive Power, or President, 
and under the head Council be considered as no longer in force. 

In convention, voted that the amendments now to be sent 
out be printed, with the following" certificate at the end, viz.: 

I, John Philpot, town clerk of Somersworth, do certify that 
at a legal meeting" duly warned and held in the town of Som- 
ersworth, in the county of Straffbrd, this 27th day of Augxist, 
Anno Domini 1792, for the purpose of considering the foregoing" 
amendments to the constitution of the state of New Hampshire 
as agreed upon in convention; that there were 14 voters present 
who voted for the amendments, and 1 voter present who voted 
against the amendments. 

Attest: John Philpot, Town Clerk. 

In convention, resolved that the following articles of amend- 
ments, being approved by the people, are so unconnected with 
other articles that there is no necessity for again submitting 
them to the people to be voted upon, viz.: the 2, 3, 4, 6, 7, 9, 
10, 26, 27, 28, 39, 49, 50, 51, 52, 53, 58, 59, 60, 61, 62, 63, 64, 65, 66, 
67, 68, 69, 70, 71, 72, but that said articles be printed, thQrt the 
people may be informed what is already ratified. 

n. 

That the word "assembly" be expunged, and the word "tefiFte- 
lature"* inserted. 

III. 

That the words **tho8e of* be expunged, and the word "d|^' be 
expunged, and the word ^^oifencea** inserted. 



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liANUAIi OF THE CONSTITUTIOK 163 

IV. 

Every subject hath a right to be secure from all unreasonable 
searches and seizures of his person, his houses, his papers, and 
all his possessions, therefore all warrants to isearch suspected 
places, or arrest a person for examination or trial in prose- 
cutions for criminal matters are contrary to this right if the 
cause or foundation of them be not previously supported by 
oath or afiirmation, and if the order in a warrant to a civil 
officer to make seiaxch of suspected places, or to arrest one or 
more suspected persons, or to seize their property be not ac- 
companied with a special designation of the person or objects 
of search or seizure; and no warrant ought to be issued but in 
case and with the formalities prescribed by law. 

VI. 

The legislature shall assemble for the redress of public griev- 
ances, and for making such laws as the public good may re- 
quire. 

vn. 

It is essential to the preservation of the rights of every in- 
dividual, his life, liberty, property, and character, that there be 
an impartial interpretation 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 hiunaiiity 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 aa 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 hon- 
orable salaries ascertained and established by standing laws. 

IX. 

No member of the Oeneral Court shall take fees, be of coun- 
sel, or act as advocate in any cause before either branch of the 
legislature, and upon due proof thereof such member shall for- 
feit his seat in the legislature. 

X. 

The doors of the galleries of each house of the legislature 
shall be kept open to all persons who behave decently, ^xcept 
when the welfare of the state, in the opinion of either branch, 
shall require secrecy. 



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164 MANTJAI. OP THE <X>N8TITITTION 

XXVI. 

The members of both houses of the legislature shall be com- 
pensated for their services out of the treasury of the stat« by 
a law made for that purpose, such members attending season- 
ably, and not departing without licence. 

All intermediate vacancies in the House of Representatives 
m-ay be filled up from time to time as the annual elections are 
made. 

XXVII. 

The House of Representatives shall be judge of the returns, 
elections, and qualifications of its members, as pointed out in 
this constitution. 

XXVIIL 

The journals of the proceedings and all public acts of both 
houses of the legislature shall be printed and published im- 
mediately after every adjournment or prorogation; and upon 
motion made by any one member the yeas and nays upon any 
question shall be entered on the journals; and any member of 
the Senate or House of Representatives shall have a right, on 
motion made at the time for that purpose, to have his protest 
or dissent, with the reasons against any vote, resolve, or bill 
passed, entered on the journals. 

XXXIX. 

The several paragraphs under the head President in the con- 
stitution shall be altered by expunging the word President, and 
inserting the word Governor in lieu thereof. 

XLIX. 

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 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. 

L. 

The Secretary, before he enters upon the business of his of- 
fice, shall give bond, with sufficient sureties, in a reasonable 
sum for the use of the state for the punctual performance of 
his trust. 



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MANTJAI, OF THE CONSTITUTION 165 

LI. 

THe county treasurer and register 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 electing those officers, but not so as to deprive the 
people of the right they now have of eleciting them. 

LII. 

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. 

LIII. 

The county treasurer and register of deeds, before they enter 
upon the business of their offices, shall be resipectively sworn 
faithfully to discharge the duties thereof, and severally give 
bond, with sufficient sureties, in a reasonable sum for the use 
of the county or district for the punctual performance of their 
respective trusts. 

LVin. 

The General Court are impowered to give to justices of the 
peace jurisdiction in civil causes where the damages demanded 
shall not exceed 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. 

LIX. 

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. 

KX. 

No judge of any court or justice of the peace shall act as at- 
torney, or be of counsel to any party, or originate any civil suit 
in matters which shall coone or be brought before ham as a 
judge or justice of the peace. 



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166 MAiNUAJti OF THE OONfidlTUTION 

LXI. 

All matters relating to the probate of wills and granting of 
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 con- 
veniency of the people may require, and the legislature from 
time to time appoint. 

LXII. 

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. 

LXIII. 

That the paragraphs under the head of clerks of courts in 
the constitution be expunged, and the following substituted. 

LXIV. 

The judges of the courts, those of the probate excepted, shall 
appoint their respective clerks, to hold their oflBce during pleas- 
ure, and no such clerk shall act as an attorney or be of coun- 
sel in any cause in the court of which he is clerk, nor shall 
he draw any writ originating a civil action. 

LXV. 

That the paragraphs in the constitution under the head **del- 
egates to Congress** be expunged. 

LXVI. 

The oath of allegiance in the constitution shall be expunged, 
and the following substituted in lieu thereof, viz.: 

I, A. B., do solemnly swear tha;t I will bear faith and true 
allegiance to the state of Newhampshire, and will support the 
constitution thereof. So help me God. 

Lxyii. 

Any person having taken and subscribed the oath of al- 
legiance shall not be obliged to take said oath again. 

LXVIII. 
And the oaths or affirmations shall be taken and subscribed 
by the Governor before the President of the Senate in presence 



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MANUAIi OF THB CONSTITUTION 167 

of both houses of the legislatiire, and by the Senators and Rep- 
resentatives first elected under this constitution, as amended 
and altered, before the President of the state and a majority 
of the Council then in office, and forever afterwards before the 
Governor and Council for the time being, and by all other of- 
ficers before such persons and in such manner as the legis- 
lature shall from time to time appoint. 

LXIX. 

That the fifteenth paragraph in the constitution under the 
head "oa*^, subscriptions, dc." be expunged, and the following 
substituted in lieu thereof. 

LXX. 

No person holding the office of judge of any court (except 
special judges) Secretary, Treasurer of the state^ Attorney-Gen- 
eral, Commissary-General, military officers receiving pay from 
the continent or this state, excepting officers of the militia 
occasionally called forth on an emergency, register of deeds, 
sheriff, or officer of the customs, including naval officers, col- 
lectors of excise and state and continental taxes hereafter ap- 
pointed, and not having settled their accounts with the respect- 
ive officers with whom it is their duty to settle such accounts, 
members of Congress, or any person holding an 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 Represent- 
atives or Council, but his being chosen and appointed to, and 
accepting the same, shall operate as a resignation of his 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 Repre- 
sentatives. 

LXXI. 

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 amendments and alterations 
shall take effect, and make the necessary arrangements ac- 
cordingly. 

That the last paragraph in thje constitution be expunged, and 
the following substituted in lieu thereof, viz.: 

LXXII. 
It shall be the duty of the selectmen and assessors of the 
several towns and places in this state, in warning the first an- 



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168 MAiNUAIi OF THE OQNSTITUTION 

nual meetings for the choice of Senators after the expiration of 
seven years from the adoption of this constitution as amended, 
to insert expressly in the warrant this purpose among the oth- 
ers for the meeting, to wit: to take the sense of the qualified 
voters on the subject of a revision of the constitution. And the 
meeting being warned accordingly, and not othermse, the mod- 
erator shall take the sense of the qualified voters present as 
to the necessity of a revision, and a return of the number of 
votes for and against such necessity shall be made by the 
clerk, sealed up, and directed to the General Court at their then 
next session. And if it shall appear to the General Court by 
such returns 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 consititution, 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 mentioned. 
The delegates to be chosen in the same manner, and pro- 
portioned as the Representatives to the General Court; provided 
that no alterations shall be made in this constitution before 
the same shall be laid before the towns and unincorporated 
places, and approved by two thirds of the qualified voters pres- 
ent and voting on the subjecJt. And the same method of tak- 
ing the sense of the people as to the revision of the constitu- 
tion, and calling a convention for that purpose, shall be ob- 
served afterwards at the expiration of every seven years. 

SAMUEL LIVERMORE, President. 
Attest: JOHN CALFE, Secretary. 

VOT«E ',ON ABmCLBS OF AMIBNI3[M1EIPW TO CONaTITI7riON' OF NEW 

Hampshire, submitfed to the people Aug. 27, 1792. 
Ayes, 2,122; Noes, 978. 

Constitution Unchanged, 1792 to 1852. Notwithstanding 
the people were periodically given opportunity by the 
General Court to order the calling of another constitu- 
tional convention, they declined to do so, and the constitution 
as amended in 1792 was the fundamental law of the state 
for sixty years. No other state of the American Union 
has preserved any constitution ratified by the people unmodi- 
fied for so long a period, although North Carolina closely ap- 
proached it. 



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MAiNU-lL OF TKB OP-NSTITXJTION 



169 



The following table shows the dates of the approval of the 
several acts of the legislature passed duriug that period, pro- 
viding for taking the sense of the qualified voters on the ex- 
pediency of calling a convention to revise the constitution, 
and the aggregate, the affirmative, and the negative votes on 
the question as returned by the town clerks: 



Date of Act 



Total 



Yea 



Kaj 



1799,^ December 13. . 

1806,> Junell 

1813, June 24 

1820, DeoemberlS.. 

1883, January 5 

18SS, Julye 

1887, July 1 

1844, June 19 

1846, July 10 

1849,July7 



6,724 
12,625 



16,260 
16,441 
18,156 
19,661 
31,849 
16,998 
43,359 



2,478 
1,722 



2,407 
4,623 
5,973 
2,821 

10,855 
4,583 

28,877 



4.246 
10,903 



13,863 
11.818 
12,183 
16,830 
20,994 
12,415 
14,482 



The act of June 19, 1844, above cited, differs in its form 
from that previously followed by the legislature in providing 
for taking the sense of the people upon the expediency of call- 
ing a convention to revise the constitution. For the first time 
the legislature expresses in such an act its sense that it is ex- 
pedient to alter the constitution in certain particulars. This 
act, as hereafter will be noticed, became a precedent in the 
decade 1860-70. It reads as follows: 

W<HEitKAB, the good citizens of this state have for a long time, 
and ^ill are divided in opinion as to the powers conferred on 
the legislature by the constitution in relation to corporations; 
and whereas there are certain express provisions in this in- 
strument in relation to property and religious qualifications 
which it is believed are illiberal and unjust; and whereas this 
legislature believes the same not to be in accordance with the 
spirit of the age in which we live; therefor, 

Resolved by the Senate and House of Representatives in Gen- 

* Recorded Acts In office of Secretary of State, vol. 7, p. 128. 

* Id., vol. 7, p. 200. 



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170 MAiNUAL OF THE OONSTITUTION 

eral Court convened, that the selectmen of the several towns 
and places in this state be directed to insert in their warrants, 
calling the meetinigB for choice (of) electors of President and 
Vice-President in November next, an article which shall be 
the following: "Is it expedient to alter the constitution?" 
And t^e several clerks of such places and towns are directed 
to return the votes of their respective towns and places to this 
legislature on or before the first day of its adjourned session. 
Approved June 19, 1844. 

Fifth Constitutional Convention, 1850-51, On Wednesday, 
November 6, 1850, this convention assembled In Concord, and 
organized by electing Franklin Pierce of Concord President, 
and Thomas J. Whipple of Laconia Secretary. 

The following rules of procedure were adopted by the con- 
vention: 

1. The President shall take the chair at precisely the hour 
to which the convention shall have adjourned, shall immediately 
call the members to order, and at the commencement of each 
day's session ^hall cause the journal of the preceding day to be 
read. He shall preserve decorum and order, and may speak on 
points of order in preference to other members, and may sub- 
stitute any member to perform the duties of the chair, such 
substitution not to extend beyond an adjournment. 

2. All committees shall be appointed by the President un- 
less otherwise directed by the convention; and the first named 
member of any committee appointed by the President shall be 
chairman. 

3. In case of any disturbance or disorderly conduct in the 
galleries the President, or chairman of the committee of the 
whole convention, shall have the power to order the same to 
be cleared. 

4. No person Ijut the members and olficers of the convention 
shall be admitted within the chamber unless by invi taction of 
the President or of some member of the Convention. 

5. When a member is about to speak in debate or deliver any 
matter to the convention, he shall rise and address himself to 
the President. 

6. No member shall speak more than twice to the same 
question without leave of the convention. 



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MAINTJAL OP THE CONSTITUTION 171 

7. When any question is under debate no motion shall be 
received but 1st, to adjourn; 2d, to lie on the table; 3d, to post- 
pone to a day certain; 4th, to commit; 5th, to amend; which 
several motions shall take precedence in v^^hich they are ar- 
ranged. Motions to adjourn and lie on the table shall be de- 
cided v^rithout debate. 

8. Any member may call for a division of the question when 
the sense will admit of it; but a motion to strike out and in- 
sert shall not be divided. 

9. A motion for commitment, until it is decided, shall pre- 
cede all amendments to the main question; and all motions 
and reports may be committed at the pleasure of the con- 
vention. 

10. No vote shall be reconsidered unless the motion for re- 
consideration be made by a me-mber who voted with the ma- 
jority. 

11. Every question shall be decided by yeas and mays when- 
ever a demand for the same shall be made audi sustained by at 
least ten members. 

12. The convention may resolve itself into a committee of 
the whole convention at any time on the motion of a mem- 
ber, and in forming a committee of the whole the President 
shall letave the chair and appoint a chairman to preside in 
committee; and the rules of proceeding in convention, and the 
rule relating to calls for the yeas and nays shall be observed 
in committee of the whole, except the rule limiting the times 
of speaking. 

13. After the journal has been read and corrected the order 
of business shall be as follows, viz.: 

1st. The presentation of petitions. 

2nd. The report of committees. 

3n^. The unfinished business of the preceding day. 

On November 8th the President announced the standing 
committees, naming their chairmen as follows: 

On the Bill of Rights, 

Ichabod Bartlett, Portsmouth. 
The Executive Department, 

Samuel Swasey, Haverhill. 
The Legislative Department, 

Charles G. Atherton, Nashville. 



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172 MANTJAL OF THB OONISTITUTION 

The Judicial Department, 

Levi Woodbury, Portsmouth. 

« 

The Militia, 

John Wadleigh, Meredith. 

The Religious and Property Test, 
William P. Weeks, Canaan. 

Amendments to the Constitution, 

George W. Nesmith, Franklin. 

Miscellaneous and Subjects Not Otherwise Provided for, 
Benning W. Jenness, Strafford. 

Revising Business, 

James Bell, Gilford. 

Education, 

Levi W. Leonard, Dublin. 

Some of the other leading members of this convention were 
William Plumer, Jr., of Epping, Gilman Mars^ton and J. G. 
Hoit of Exeter, Thomas E. Sawyer of Dover, Charles Lane of 
Gilford, Joel Eastman of Conway, N. G. Upham and George 
Minot of Concord, William C. Clarke of Manchester, Edmund 
Parker and George Y. Sawyer of Nashua, Daniel Abbott of 
Nashville, John H. Steele of Peterborough, Edwin D. San- 
bom of Hanover, and Samuel Swasey of Haverhill. 
This convention proceeded to revise the constitution by con- 
sidering it under its separate and consecutive heads in com- 
mittee of the whole. The various proposed amendments and 
resolutions were then sent to special and appropria^te com- 
mittees as instructions from the convention. 

The political conditions in the state at the time when this 
convention assembled, its leadership under Franklin Pierce, 
and the eminence of many of its other members, its deliberate 
judgment, expressed by the amendments proposed, that the 
social, economic, and religious changes which had taken place 
in New Hampshire during the last two generations required 



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MANTTAI, OP THE CONSTITUTION 173 

radical and extensive alterations in the structure of fthe gov- 
ernment, its submission to the people of a draft of an amended 
constitution embodying the numerous amendments deemed 
necessary to effect such changes, and the prompt rejection by 
the people of all these proposed amendments, unite to make 
this convention unique in the constitutional history of the 
state. 

A large number of the amendmen'ts proposed by this con- 
vention to the people do not appear in its journal except as 
they are embodied in their appropriate places in the draft of 
its authorized "Amended Constitution of the State of New 
Hampshire/' Comparison of its text with that of the consti- 
tution of 1784, as amended in 1792, shows that the most im- 
portant of the numerous amendments submitted to the people 
for ratification were those providing for a change in 'the basis 
and ratio of representation in the House; a Senate of thirty 
members, and a division of the state into fifteen senatorial dis- 
tricts; the abolition of the Council; establishment of the office 
of Lieutenant-Oovernor; biennial elections of stalte officers, 
and biennial sessions of the legislature; abolition of religious 
tests and property qualifications for office; the initiation of 
amendments to the constitution upon the vote of two thirds 
of the members elected to each house of two successive 
legislatures, the same to be valid if ratified by two thirds of 
the qualified voters of the state voting thereon; the election of 
judges of the supreme court and other higher courts, the at- 
torney-general, and railroad commissioners by a plurality of 
the qualified voters of the state, and for a term of six years, 
and *the decision of all elections by plurality vote. 

It was voted to submit the proposed amendments in the 
form of fifteen questions to the people for their approval at 
the annual town meetings to be held on the second Tuesday of 
March, 1851. 

The convention was in session from November 6 to Novem- 
ber 22, 1850, and from December 3, 1850, to January 3, 1851, 
on which date it adjourned to April 16. 



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174 MANUAL OP THE CONSTITUTION 

The amended constitution embodying all the amendments 
proposed by the convention for ratification, with its resolu- 
tions for submitting them to the people in the form of fifteen 
questions, and their votes thereon appear on the following 
pages. 



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THE 



AMENDED CONSTITUTION 



STATE OF NEW HAMPSHIRE 



WITH THB 



RESOLUTIONS 



FOR SUBMITTING THE AMENDMENTS 



TO THE PEOPLE. 



CONCORD : 

BUTTERFIELD AND HULL, STATE PhINTERS. 
1851. 



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In CoNVENTiaN, January 3, 1851. 
Extract from the Repont of the Committee on Measures and 

Ordinances: 

Resolved, that the Secretary of this convention be directed 
to procure to be printed seventy thousand copies of the con- 
stitution, as altered and amended by Ithe convention, and the 
same^ number of copies of the questions to be proposed to the 
qualified voters, and the same number of these resolutions, and 
to cause the same to be distributed, as soon as may be, to the 
town clerks of thie respective towns, wards, and places in the 
state for the use of the qualified voters, in numbers propor- 
tioned, as near as may be, to the number of the legal voters in 
the said respective towns, wards, and places. 

A true copy: attest, THOMAS J. WHIPPLE 

Secretary. 



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MANUAL OF THE CJONSTITtTTION 1T7 

THE AMEN^DED CONSTITUTION 

OF THE 

STATE OF NEW HAMPSHIEE 



BILI. OF RIGHTS. 

AiBTiOLE 1. All men are born equally free and independent; 
therefore, all government of right originates with the people, 
is founded in consent, and instituted for the general good. 

2. All men have certain natural, essential, and inherent 
rights, among v^hich are the enjoying and- defending life and 
liberty, the acquiring, possessing, and protecting property, and, 
in a word, the seeking 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' without such an equivalent the 
surrender is void. 

4. Among the natural rights, some are in their very nature 
inalienable, 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 inalienable right to 
worship God according to the dictates of his ovm conscience and 
reason, and no subject shall be hurt, molested, or restrained in 
his person, liberty, or estate for worshipping God in the man- 
ner and season most agreeable to the dictates of his own con- 
science, or for his religious professions, sentiments, or persua- 
sion, proviidted he does not disturb the public peace, or disturb 
others in their religious worship. 

6. As morality and piety, rightly grounded on the principles 
of the Bible, will give the best and greatest security to gov- 
ernment, and will lay in the hearts of men the strongest obli- 
gations to due subjection, and as the knowledge of these is 
most likely to be propagated through society by the institution 
of the public worship of the Deity, and of public instruction 



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178 ILAIKUAL OF THE (X>NfiTITDTI02r 

in morality and religion, therefore, to promote tiiose important 
purposes the people of this state have the right to empower, 
and do hereby fully empower the several religious societies 
which may at any time exist within this state to make ade- 
quate provimon, at their own expense, for the support and 
maintenance of piiblic teacheiB of piety, religion, and morality; 
provided that such 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 religious denominaticm, 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. 

7. The people of this state have the sole and exclusive right 
of governing themselves as a free, soTereign, and independent 
state, and do, and forever 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 government of the United States. 

8. All power residing originaUy 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 

ttn»twi- 

9. No office or place whatsoever in goTemment shall be 
hereditary, the requisite ability and integrity not being trans- 
mitted to posterity or relations. 

10. Government being instituted for the common benefit, pro- 
tection, and security of the whole community, and not for the 
private interest or emolument of any one man, family, or class 
of men, therefore, whencTer the ends of goTcmment are per- 
verted, and public liberty manifestly endangered, 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 at non-resistance to arbitrary power and oppression is 
absnrd, aiavish, and destructive of the good and happiness of 

11. All elections ought to be free; and every inhabitant of 
the state having the proper qualifications has an equal right to 
elect and be elected into office. 

12. Every member of the community has a right to be pro- 
tected by it in the enjoym^it of his Ufe, liberty, and property. 
He is therefore bound to o^mtribute his share of the expense 



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MA'NUAL OF THE CONSTITUTION 179 

of said protection, and to yield his personal serrice when neces- 
sary, 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 the authority of law. Nor are the inhabitants of 
this state controllable by any other laws than those enacted in 
conformity to this constitution and that of the United States. 

13. No person who is conscientiously scrupulous about the 
lawfulness of bearing' arms shall be compelled thereto, pro- 
vided he will pay an equivalent. 

14. Every subject of this state is entitled to a certain remedy, 
by having recourse to the laws, for all injuries he may receive 
in his person, property, or character, to obtain right and jus- 
tice freely, without being obliged to purchase it, completely and 
without any denial, promptly and without any delay, conform- 
ably to the laws. 

15. No subject shall be held to answer for any crime or of- 
fence until the same is fully and plainly, substantially and 
formally described to him, or be compelled to accuse or fur- 
nish evidence against himself. And every subject shall have 
a right to produce all proofs that may be favorable to himself; 
to meet 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 vicin- 
ity 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 par- 
ticular county, when it shall appear to the judges of the su- 
preme court that an impartial trial cannot be had in the county 
where the offence may be committed, and they shall direct the 
same to be bad in the nearest county in which an impartial 
trial can be obtained. 

18. All penalties ought 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 the same undistinguishing 



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180 M^l^^^AI* of thb oonotttdtion 

severity is exerted against all offences the people are led to 
forget tlie real distinction in the crimes themselves, and to 
commit the mos-t flagrant with as little compunction as they 
do the lightest offences. For the same reason a multitude of 
sanguinary laws is both impolitic and unjust, the true design 
of all punishment being to reform, not to exterminate mankind. 

19. Every subject has a right to be secure from all unreason- 
able searches and seizures of his person, his houses, his papers, 
and all his possessions. Therefore, all warrants to search sus- 
pected places, or arrest a person for examination 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 ac- 
companied with a special designation of the persons or objects 
of search, arrest, or seizure; and no warrent 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 otherwise pro- 
vided for in the constitution or laws made in pursuance thereof 
by the legislature, the parties have a right to trial by jury; 
but the court shall try the facts as well as the law in cases 
where the parties agree. 

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 compensated 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 pre- 
served. 

23. Retrospective laws are hig'hly injurious, oppressive, and 
unjust. 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 the consent of the owner; and in time of war 
such quarters ought to be made only by the civil magistrate, in 
a manner ordained by the legislature. 



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MAiNTJJUi OF THB OONBTnTDTION' 181 

28. No subsidy, charge, tax, impost, or duty shall be estab- 
lished, fixed', laid, or levied, under any pretext whatsoever, writh- 
out 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 therefrom, to be exercised in such par- 
ticular 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 its exercise cannot be the foundation of any action, 
complaint, or prosecution against any member thereof 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 man- 
ner, to assemble and consult upon the common good, give in- 
structions to their representatives, and to request of the legis- 
lative body, by way of petition or remonstrance, redress of the 
wrongs done them and of the grievances they suffer. 

33. No mtagistrate or court of law shall demand excessive 
bail or sureties, impose excessive fines, or infiict cruel or un- 
usual 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. 

35. Arrest or imprisonment on mesne or finial process, 
founded on contract, shall not be allowed unless the creditor 
or his agent shall previously make oath or affirmation of his 
belief that tlie debtor has fraudulently concealed or conveyed 
his property to place it beyond the reach of his creditors, or is 
about to leave the state to avoid the payment of his debts. 

36. It is essential to the preservation of the rights of every 
individual, his life, liberty, property, and character, that there 
be an impartial interpretation of the laws and administration 
of justice. It is the right of every citizen to be tried by 
jud'ges as impartial as the lot of humanity will admit. 

37. Economy being a most essential virtue in all states, no 
pension shall be granted but in consideration of actual services; 
and such pensions ought to be granted with great caution by 
the legislature, and never for more than two years at a time. 

38. In the government of this state the three essential pow- 
ers thereof, to wit: the legislative, executive, and judicial, ought 



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182 MAiNTJAL OF THE OONSnTCTTIOX 

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. 

39. A frequent recurrence to the fundamental principles of 
the constitution, laiud a constant adherence to justice, modera- 
tion, 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 ob- 
servance of them in the formation and execution of the laws 
necessary for the good administration of government. 

40. Knowledge ami learning, generally diffused through a 
community, being essential to the preservation of a free gov- 
ernment, 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 leg- 
islature and magistrates, in all future periods of this govern- 
ment, to cherish the interests of literature and the sciences, 
and all seminaries and public schools; to encourage private 
and public institutions, rewards, and immunities for the pro- 
motion of agriculture, arts, sciences, commerce, tradles, manu- 
factures, and natural history of the country; to countenance 
and inculcate the principles of humanity and general benevo- 
lence, public and private charity, industry and economy, honesty 
•and punctuality, sincerity, sobriety, and all social affections 
and generous sentiments among the people. 

41. Perpetuities are contrary to the genius of a free govern- 
ment, and shall never be allowed; and the legislature shall 
possess the power at all times to alter, amend, or repeal any 
legislative act conferring corporate powers, franchises, or priv- 
ileges, as the public good shall be deemed to demand. 

PART SECOND. 

FOBM OF GHOVBRNlMENT. 

1. The people inhabiting the territory formerly called the 
Province of New Hampshire do hereby solemnly and mutually 
agree with each other to form themselves into a free, sover- 
eign, and independent body politic or state by the name of the 
State of New Hampshire. 



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MA3fUAL OF THE OaNfiTITDTION 183 

LEOISI^TUBE. 

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 once in two years, 
on the first Wednesday of June next following their election, 
and at such other times as they may judge necessary; and shall 
dissolve and be dissolved seven d<ays next preceding the first 
Wednesday of June two years after; and shall be styled the 
"Legisliature of New Hampshire," 

4. The legislature shall forever have full power and author- 
ity to erect and constitute judicatories and courts of record, or 
other courts, to be holden in the name of the state for the 
hearing, trying, and determining all manner of crimes, of- 
fences, pleas, processes, plaints, actions, causes, matters, and 
things whatsoever arising or happening within this state, or 
between or concerning persons inhabitating, or residing, or 
brought within the same, whether the same be criminal or civil, 
or whether the crimes be capital or not capital, and whether 
the said pleas be real, personal, or mixed, and for the award- 
ing and issuing execution thereon; to which courts and judi- 
catories are hereby given and granted full power and author- 
ity from time to time to administer oaths or affirmations for 
the better discovery of truth in any matter in controversy or 
depending before them. 

5. And, further, full power and authority are hereby given 
and granted to the said legislature from time to time to make, 
ordain, and establish all manner of wholesome and reasonable 
orders, laws, statutes, ordinances, directions, and instructions, 
either with penalties or without, so as the same be not re- 
pugnant or contrary to this constitution or the constitution of 
the United States, as they may judge for the benefit and wel- 
fare of this state, and for the governing and ordering thereof, 
and of the subjects of the same, for the necessary support and 
defence of the government thereof; to provide for the enroll- 
ing, organizing, and disciplining the militia in such manner as 
they may deem expedient, not repugnant to the constitution 
and laws of the United States; and to name and settle, or pro- 
vide by fixed laws for the naming and settling all civil officers 
within this state, such officers excepted the election and ap- 
pointment of whom are hereafter in this form of government 
otherwise provided for; and to set forth the several duties, 
powers, and limits of the several civil and military officers of 
this state, and the forms of such oaths or affirmations as shall 



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184 MAINUAL OF THE OONBTITDTION 

be respectively administered unto them for the execution of 
their several offices and places, so as the same be not repugnant 
or contrary to this constitution; and also to impose fines, 
mulcts, imprisonments, and other punishments; and to impose 
and levy proportional and reasonable assessonents, rates, and 
taxes upon all the inhabitants of, the residents within the 
said state, and upon all estates within the same, to be issued 
and disposed of by warrant under the hand of the Governor of 
this state for the time being* for the public service in the 
necessary defence and support of the government of this state, 
and the protection and preservation of the subjects thereof, 
according to such acts as are, or shall be in force within the 
same. 

6. And while the public charges of government, or any part 
thereof, shall be assessed on polls and estates in the manner 
that has been heretofore practised, in order that such assess- 
ments may be made with equality there shall be a valuation 
of the estates within the state taken anew once in every five 
years at least, and as much oftener as the legislature shall 
order. 

7. No member of the legislature shall take fees, be of coun- 
sel, or act as advocate in any cause before either branch of 
the same; and upon due proof thereof such member shall for- 
feit his seat in the legislature. 

8. The doors of the galleries of each house of the legislature 
s^hall be kept open to all persons who behave deceutly, except 
when the welfare of the state, in the opinion of either branch, 
shall require secrecy. 

9. All elections by the legislature or by either branch 
thereof shall be viva Voce. 

10. All elections by the people shall be determined by a 
plurality of votes. 

11. The legislature shall have no power, unless by a vote of 
two-thirds of the members elected to either branch thereof, to 
borrow money, or otherwise involve the state in debt to an 
amount exceeding one hundred thousand dollars, except in case 
of war, invasion, or insurrection. 

12. No town or incorporated place shall have the right, either 
directly or indirectly, to suffer their credit to be used for the 
especial benefit of any corporation, nor to raise money for the 
purpose of loaning the same to any corporation, nor for taking 
stock therein, 

13. The legislature shall never authorize any lottery, but 
shall prohibit, under proper penalties, the sale of lottery tick- 
ets within this state. 



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MAINUAL OF THE CONSTITUTION 185 

HOUSE OF HEa>REfiENTATIVES. 

14. There shall be, in the legislature of this state, a repre- 
sentation of the people elected once in two years, and founded 
upon principles of equality; and, in order that such represen- 
tation may be as equal as circumstances will admit, every town 
or place entitled to town privileges, having one hundred and 
seventy-^ve ratable polls of twenty-one years of age and up- 
wards, who shall have resided in this state six months or more 
immediately preceding the election, paupers and foreigners 
not naturalized excepted, may elect one Representative; if 
seven hundred and fifty ratable polls, may elect two Repre- 
sentatives; if fifteen hundred and fifty ratable polls, may elect 
three Representatives; if twenty-five hundred arndi fifty ratable 
polls, may elect four Representatives; and so proceeding, mak- 
ing one thousand such ratable polls the mean increasing num- 
ber for every additional Representative after the third. Such 
towns and places as have less than one hundred and seventy- 
five ratable polls may elect a Representative such proportion 
of the time as the number of their ratable polls shall bear to 
one hundred and seventy-five; provided that such towns ansd 
places as shall not have one hundred and seventy-five ratable 
polls, and shall be conveniently located for that object, may, 
on application to the legislature, be classed for the choice of a 
Representative, such classed towns not to contain less than one 
hundred and seventy-five ratable polls in each representative 
district so formed; amd) provided, further, that all towns, cities, 
or places which now are, or hereafter may be divided into 
sections c.r wards for the choice of Representatives shall, for 
the purpose of apportioning the number of Representatives to 
the number of ratable polls, be considered as undivided; and 
provided, further, that such towns and places as have less than 
one hundred andi seventy-five ratable polls, and are entitled to 
representation a portion of the time under this constitution, 
shall have the right to elect a Representative at the first elec- 
tion under this constitution as a part of that portion, and that 
the legislature may prescribe the manner in which their rights 
of election, as to their proportional time, shall be determined; 
leaving to said towns or places, as far as consistent with this 
constitution, the selection of the years when they will exercise 
their rights. 

15. The members of the House of Representatives shall be 
chosen biennially, in the month of March, and shall be the sec- 
ond branch of the legislature. 



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186 MA'NUAL OF THE OONBTITUTION 

16. All persons qualified to vote in the election of Senators 
shall be entitled to vote within the district where they dwell 
in the choice of Representatives. 

17. Every meni>ber of the House of Representatives shall be 
chosen by ballot; and for two years, at least, next preceding 
his election shall have been an inhabitant of the state; shall 
be at the time of his election an inhabitant of the town or 
place he may be chosen to represent; and shall cease to rep- 
resent such town or place immeiddately on his ceasing to be 
an inhabitant thereof. 

18. The members of both houses of the legislature shall be 
compensated for their services out of the trea-sury of the state 
by a law mad<e for tnat purpose, such members attending sea- 
sonably, and not dex)arting without license. 

19. All intermediate vacancies in the House of Representa- 
tives may be filled up from time to time in the same manner 
as biennial elections are made. 

20. The House of Representatives shall be the grand in- 
quest of the state, and all impeachments made by them shall 
be heard and tried by the Senate. 

21. All money bills shall originate in the House of Repre- 
sentatives; but the Senate may propose or concur with amend- 
ments, as on other bills. 

22. The House of Representatives shall have power to ad- 
journ themselves, but no longer than two days at a time. 

23. A majority of the members of the House of Representa- 
tives shall be a quorum for doing business; but when less 
than two thirds of the Representatives elected shall be present 
the assent of two thirds of those members shall .be necessary 
to render their acts and proceedings valid. 

24. No member of the House of Representatives or Senate 
shall be arrested, or held to bail, on mesne process during his 
going to, or returning from, or attendance upon the legislature. 

25. The House of Representatives shall choose their own 
Speaker, appoint their own officers, and settle the rules of pro- 
ceeding in- their own house; and shall be judges of the returns, 
elections, and qualifications of their members, as pointed out 
in this constitution. They shall have authority to punish by 
imprisonment every person who shall be guilty of disrespect 
to the House in its presence by any disorderly and con- 
temptuous behavior, or by threatening or ill treating any of 
its members, or by obstructing its deliberations; every person 
guilty of a breach of its privileges in making arrests for debt, 
or by assaulting any member during his attendance at any ses- 
sion, in assaulting or disturbing any one of its officers in the 



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MAmJAL OP THE OONSTITUTION 187 

execution of any order or procedure of the House, in assault- 
ing- any witness or other person ordered to attend by and 
during his attendance of the House, or in rescuing any person 
arrested ^by ord<er of the House, knowing him to be such. 

26. The Senate shall have the same powers in like cases, 
provided that no imprisonment by either for any offence shall 
exceed ten days. 

27. The journals of the proceedings, and all public acts of 
both houses of the legislature shall be printed and published 
immediately after every adjournment or prorogation; and upon 
motion made by ten members of the House of Representatives, 
or by two members of the Senate, the yeas and nays upon any 
question shall be entered on the journal; and any member of 
the Senate or House of Representatives shall have a right, on 
motion maide at the time for that purpose, to have his pro- 
test or dissent, with the reasons, against any vote, resolve, or 
bill passed entered on the journal. 

SENATE. 

28. The Senate shall consist of thirty members, who shall 
hold their office for two years from the first Wednesday of the 
June next following their election. 

29. And that the state may be equally represented in the 
Senate the legislature shall, from time to time, divide the 
state into fifteen districts, in eacJh of whicth two Senators shall 
be elected, and make known to the inhabitants of the state the 
limits of such districts. Each of these senatorial districts shall 
be formed of contiguous territory, of compact and convenient 
form, ansd of ratable polls as nearly equal as may be without 
dividing towns or cities. Changes in the senatorial districts 
may be made by the legislature, for the purpose of rendering 
the number of ratable polls more equal, not oftener than once 
in six years. 

30. The inhabitants of each district, qualified as in this con- 
stitution is provided, shall biennially give in their votes for 
Senators at some (meeting holden in the month of March. 

31. The Senate shall be the first branch of the legislature; 
and the Senators shall be chosen in the following manner: 
every male inhabitant of each town, ward, and place with town 
privileges, and places unincorporated, in this state, of twenty- 
one years of age and upwards, excepting paupers and foreign- 
ers not naturalized, shall have a right at the meetings of the 
inhabitants of said towns, wards, and places to be duly warned 
and holden biennially forever in the month of March, to vote 



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188 MANTJAL OF THE OONSTITUTION 

in the town, ward, or place wherein he dwells for Senators in 
the district whereof he is a member. 

32. Provided, nevertheless, that no person shall be capable 
of being elected a Senator within this state who is not of the 
age of thirty years, and who shall not have been an inhabitant 
of this state for seven years immedjiately preceding his elec- 
tion; and at the time thereof he shall be an inhabitant of the 
district for which he shall be chosen, and shall cease to be a 
Senator when he ceases to be an inhabitant of the district. 

33. And every person qualified as this 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, ward, or place where he dwells and has his home. 

34. And the inhabitants of places unincorporated, qualified 
as this constitution providies, who are or shall be required to 
assess taxes upon themselves towards the support of the gov- 
ernment, or shall be taxed therefor, shEill have the same priv- 
ileges of voting for Senators in the places wherein they reside 
as the inhabitants of the respective towns and places afore- 
said have. And the meetings of such places for that purpose 
shall be holden biennially in the month of March, at such 
places respectively therein as the assessors thereof shall di- 
rect; w<hich assessors shall have like authority for notifying 
the electors, and collecting and returning the votes, as the se- 
lectmen and town clerks have in their several towns by this 
constitution. 

35. The meetings for the choice of Governor, Lieutenant- 
Governor, Senators, and other officers required to be elected 
by this constitution shall be warned by warrant from the se- 
lectanen, and governed by a modierator, who shall, in the pres- 
ence of the selectmen, whose duty it shall be to attend, in open 
meeting receive the votes of all the inhabitants of such towns, 
wards, and places present and qualified to vote for Senators; 
and shall in said meetings, in the presence of said selectmen 
and of the town clerk, sort and ooomt the said votes, and make 
a public declaration thereof, with the name of every person 
voted for, andi 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 directed to the Secretary of State, with 
a superscription expressing the purport thereof; and the said 
town clerk shall cause such attested copy to be delivered to 
the Secretary of State at least thirty days before the first 
Wednesday of June next following; provided that the legis- 
lature may authorize, by a general law, all such towns having 



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MA'NUAL OF THE OONBTirDTION 189 

more than seven hundred and fifty ratable polls, as may adopt 
the same, to receive votes at town meetings in such other 
manner as the legislature may prescribe. 

36. And that there may be a du-e meeting of Senators on the 
first Wednesday of June biennially, the Governor and the Sec- 
retary of State shall, as soon as may be, examine the returned 
copies of such records; and fourteen days before said first 
Wedmesday of June the Governor shall issue his summons to 
such persons as appear to be chosen Senators to attend and 
take their seats on that day. 

37. And in case there shall not appear to be two Senators 
elected for any district the deficiency shall be supplied in the 
following manner, viz.: the members of the House of Repre- 
sentatives, and such Senators as shall be declared elected, shall 
take the names of the two persons, neither of whom are 
elected, having the highest number of votes in said district, 
if there is one Senator wanted for said ddstrict, and if two Sena- 
tors are wanted for said district, the names of the four per- 
sons having the highest number of votes in said district, and 
out of them shall elect, by joint vote, the Senator or Senators 
wanted for sucli district. And in this manner all such vacan- 
cies shall be filled in every district of the state; and in a like 
manner all vacancies in the Senate arising by death, removal 
out of the district, or otherwise, shall be supplied as soon as 
may be after such vacancies happen. 

38. The Senate shall be final judges of elections, returns, 
and qualifications of their own members, as pointed out in this 
constitution. 

39. The Senate shall have power to adjourn themselves, pro- 
vided such adjournment do not exceed two days at a time; pro- 
vided, nevertheless, that whenever they shall sit on the trial of 
any impeachment tney may adjourn to such time and place as 
they may think proper, although the legislature be not as- 
sembled on such day or at such place. 

40. The Senate may appoint a President pro tempore and 
other officers, and- determine their own rules of proceeding; 
and not less than twenty members of the Senate shall make a 
quorum for doing business; and when not more than twenty- 
two Senators shall be present the assent of fifteen, at least, 
shall be necessary to render their acts and proceedings valid. 

41. The Senate shall be a court vdth full power and author- 
ity to hear, try, and determine all impeachments' made by the 
House of Representatives against any officer or officers of the 
state for bribery, corruption, mal-practice, or mal-administra- 
tion in office, with full power to issue summons or compulsory 



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190 MAINUAL OF THE OONSTITUTION 

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 de- 
termine the charg-e in question according to evidence. And 
every oflBcer impeached for bribery, corruption, mal-practice, or 
mal-administration in oflBce shall be served with an attested 
copy of the impeachment and order of the Senate thereon, with 
such citation as the Senate may direct, setting forth the time 
and place of their sitting to try the impeachment; which ser- 
vice 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 re- 
turned, the Senate anay proceed in the hearing of the impeach- 
ment, giving me person impeachedi, if he shall appear, full lib- 
erty of producing witnesses and proofs, and of making his de- 
fence by himself and counsel; and may also, upon his refusing 
or neglecting to appear, hear the proofs in support of the im- 
peachment and render judgment thereon, his non-appearance 
notwithstanding; and such judgment shall have the same force 
and effect as if the person impeached had appeared and. pleaded 
in the trial. 

42. Their judgment, however, shall not extend further than 
removal from office and 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. 

43. Whenever the Governor or Lieutenant shall be impeachedi 
the chief justice of the supreme court shall, during the trial, 
preside in the Senate, but have no vote therein. 

EXECUTIVE POWEB — GOVEBNOR^ 

44. There shall be a supreme executive magistrate, who shaU 
be styled Governor of the State of New Hampshire, and whose 
title shall be His Excellency. 

45. There shall also be a Lieutenant-Governor of the state, 
whose title shall be His Honor; and whose duty it shall be to 
preside in the Senate; but he shall have no vote therein, except 
in case of an equal division. 

46. The Governor and Lieutenant-JGovernor shall be chosen 
biennially in the month of March; and the votes for these of- 
ficers shall be received, sorted, counted, certified, and returned) 
in the same manner as the votes for Senators; and the Secre- 
tary s'hall lay the same before the Senate and House of Repre- 
sentatives on the first Wednesday of June biennially, to be by 



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MANUAL OF THE OQNSTITUTIOK 191 

them examined; and in case of an election by a plurality of 
votes .through the state the choice shall be by them declared 
and published. Amdi the qualifications of electors of Governor 
and Lieutenant-Governor shall be the same as those of Sena- 
tors. But should it ever so happen that there shall be no choice 
of Governor or Lieutenant-Governor by a plurality of votes by 
reason of two or more persons, voted for for the same oflRce, 
having an equal number of votes, then the Senate- and House of 
Representatives shall by joint vote elect one of the two or more 
persons having the highest number of votes for said offices re- 
spectively; and shall declare him Governor or Lieutenant-Gov- 
ernor as the case may be. And no person shall be eligible to 
either of these offices unless, at the time of his election, he 
shall be of the age of thirty years, and shall have been an 
inhabitant of this state for seven years next preceding. 

47. In cases of disagreement between the two Houses with 
regard to the time or place of ajdtjoumment or prorogation, the 
Governor shall have a right to adjourn or prorogue the legis- 
lature 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 first Wednesday of June bien- 
nially. And in case of any infectious distemper prevailing in 
the place where the said legislature at any time is to cdnvene, 
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. 

48. Every bill which shall have passed both branches of the 
legislature shall, before it becomes a law, be presented to the 
Governor; if he approve he shall sign it; but if not he shall 
return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on their 
journal and proceed to rec-onsider it. If, after such reconsid- 
eration, 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 de- 
termined) by yeas and nays; and the names of the persons vot- 
ing 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 (Sundays excepted,) after it shall 
have been presented to him, the same shall become a law in like 
manner as if he had signed it, unless the legislature, by their 



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192 MAmjAI/ OF THE CONSTITUTION 

adjournment, prevent its return, in which case it shall not be- 
come a law. 

49. 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 repassed by the Senate 
and House of Representatives according to the rules and limita- 
tions prescribed in the case of a bill. 

50. All officers whose election or appointment is not other- 
wise provided for shall be nominated by the Governor and con- 
firmed by a majority of the Senate; and every such nomina- 
tion shall be made at least three days prior to such confirma- 
tion. The nomination shall be in writing, signed by the Gov- 
ernor, and the confirmation or rejection shall be signed by the 
presiding officer of the Senate. 

51. Whenever the office of Governor shall become vacant by 
reason of his death, absence from the state, ot otherwise, the 
Lieutenant-Governor shall, during such vacancy, have and ex- 
ercise all the authorities with which the Governor, by this con- 
stitution, is vested when personally present; and in case the 
office shall become vacant by reason of the death of the Lieu- 
tenant-Governor, or other cause, the President pro tempore of 
the Senate shall, during such vacancy, have and exercise the 
same powers and authorities; but when the Lieutenant-Gov- 
ernor or President pro tempore of the Senate shall exercise 
the office of Governor he shall not preside in the Senate. 

52. The Governor shall have full power and authority, m 
recess of the legislature, to prorogue the same from time to 
time, not exceeding ninety days in any one recess, and, dnr- 
ing the sessions of said legislature, 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 pro- 
rogued if the welfare of the state should require the same. 

53. The Governor of this state for the time being shall be 
commander-in-chief of the army and navy, and all the military 
forces of the state by sea and land; anidi shall have full power, 
by himself or by any chief commander, or other officer or of- 
ficers, from time to time to train, instruct, exercise, and gov- 
ern the militia and liavy; to call forth the militia, and to put 
in warlike posture the inhabitants of the state; to execute the 
laws of the state and of the United States; to suppress insur- 
rection and repel invasion; and, in fine, the Governor is hereby 
entrusted with all other powers incident to the office of cap- 
tain-general and commander-in-chief, and adaniral, to be exer- 
cised agreeably to the rules and regfulations of the constitution 
and the laws of the land; provided that the Governor shall not 



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XAiNUAI, OF THE OONSTITUTION 193 

at any time hereafter, by virtue of any power by this constitu- 
tion granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this state, or oblige 
them to march out of the limit's of the same, without their 
free and voluntary consent, or the consent of the legislature, 
nor grant any commissions for exercising the law martial in 
any case without the advice and consent of the Senate. 

54. No officer duly commissioned^ to coonmand in the militia 
shall be removed from his office but by the address of both 
houses to the Governor, or by fair trial in court martial, pur- 
suant to the laws of this state for the time being. 

55. The major-generals, brigadier-generals, and commanding 
officers of regiments shall appoint the staff officers of their 
divisions, brigades, and regifments respectively; and captains 
and subalterns their non-commissioned officers. 

56. The companies, regiments, brigades, and ddvisions made 
in pursuance of the militia laws now in force shall be consid- 
ered as the proper division of the militia of this state until the 
same shall be altered by some future law. 

57. The power of pardoning offences, except such as persons 
may be convicted of before the Senate by impeachment of the 
H'OiUse, shall be in the Governor; but no charter of pardon 
granted by the Governor before conviction shall avail the par- 
ties pleading the same, notwithstanding any general or particu- 
lar expressions contained therein descriptive of the offence or 
offences intended to be pardoned. 

58. No moneys shall be issued out of the treasury of this 
state, and disposed of (except such sums as may be appropri- 
ated for the redemption of bills of credit or treasurer's notes, 
or the payment of interest arising thereon,) but by warrant 
under the hand of the Governor for the time being for the 
necessary support and defence of this state, and for the neces- 
sary protection land preservation of the inhabitants thereof, 
agreeably to the acts and resolves of the legislature. 

59. All public boards, the commissary-general, all superin- 
tending officers of public magazines and stores belonging to 
this state, and. all commanding officers of forts and garrisons 
within the siame shall, annually, on the first Wednesday of June, 
officially, and without requisition, and at other times when re- 
quired by the Governor, deliver to him an account of all goods, 
stores, provisions, ammunition, cannon with their appendages, 
and all small arms with their accoutrements, and all other pub- 
lic property under their care respectively; distinguishing the 
quantity anid kind of each as particularly as may be, together 
with the condition of sueh forts and garrisons; and the com- 



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194 MANUAL OF THE OaNSTITUTION 

manding' oflBcer shall exhibit to the Qovemor, when required by 
him, true and exact plans of such forts, and of the land and 
sea or harbor or harbors adjacent. 

60. The Governor and Lieutenant-Governor shall be com- 
pensated for their services from time to time by such grants 
as the legislature shall think reasonable. 

61. Permanent and honorable sali^ries shall be established by 
law for the justices of the supreme court. 

62. And whereas the elections appointed to be made by this 
constitution on the first Wednesday of June, 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 shall be completed. And the order of elections shall 
be as follows: the vacancies in the Senate, if any, shall be first 
filled up, the Governor and Lieutenant^overnor shall then be 
elected, provided there should be no choice of those officers by 
the people. 

eEOBSXTABY AND TREUU3UBEB. 

63. The Secretary of the State and State Treasurer shall be 
elected by the people in the same manner and for the same 
term as is provided for the election of Governor. 

64. The records of the state shall be kept in the office of the 
Secretary; and he shall attend the Governor, the Senate, and 
Representatives in person, or by deputy, as they may require. 

65. 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 in- 
ability of the Secretary his deputy shall exercise all the duties 
of the office of Secretary of this state until another shall be 
appointed. 

^6. The Secretary, before he enters upon the business of 
his office, shall give bond, with sufficient sureties, in a reason- 
able sum for the use of the state for the punctual performance 
of his trust. 

COUNTY TREASURER, AC. 

67. The county treasurers and registers of deeds shall be 
elected by the inhabitants of the several towns in the sev- 
eral counties of the state according to the method provided in 
this constitution and the laws of the state. 

68. 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 



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MANTTAL OP THE- CO!NSTITUTrQN 195 

be respectively sworn faithfully to discharge the duties thereof, 
and shall severally give bond, with sufficient sureties, in a 
reasonable sum for the use of the county for the punctual per- 
formance of their respective trusts. 

JXTD-ICIARY POWER. 

69. All judicial and other officers shall be duly commissioned 
and sworn; and the tenure they shall have by law in their of* 
fices sh-all be expressed in their respective commissions. 

70. Each branch of the legislature, and the Governor, shall 
have authority to require the opinion of the Attorney-Gen- 
eral upon important questions of law, and upon solemn oc- 
casions. 

71. All causes of marriage, divorce, and alimony, and all ap- 
peals from the respective judjges of probate shall be heard and 
tried by the supreme court until the legislature shall by law 
make other provision; and the legislature shall have power to 
authorize the trial by jury of all cases in equity, under such 
rules and regulations as they may, from time to time, ordain 
or establish. 

72. There shall be chosen in eac(h town not less than two 
nor more than three trial justices, who shall have exclusive 
original jurisdiction in all civil causes where the amount in 
controversy shall not exceed' fifty dollars, unless in cases where 
the title to real estate is concerned the legislature shall other- 
wise provide; and the legislature is authorized to extend the 
jurisdiction of such justices to such further amount, not ex- 
ceeding one hundred dollars in all, as they shall deem expedi- 
ent; and in any cause pending before any trial justice either 
party shall have the right to a trial by jury, which shall con- 
sist of not more than six in number. In all cases where the 
amount in controversy shall exceed the sum of twenty dollars 
either party shall have the right of appeal; but in all cases 
where a less amount shall be in controversy the decision shall 
be final, both as to the law and the facts, subject only to such 
right of review as the legislature may prescribe. And in all 
cases of appeal the legislature may provide that the party who 
appeals shall give security for the costs that may be recovered 
against him, and for the payment of double costs by sucff party 
in all cases in which the decision shall not be changed upon ap- 
peal. 

73. No judge of any court or trial justice shall act as at- 
torney, or be of counsel to any party, or originate any civil 
suit in matters which shall come or be brought before him. 

74. Jurisdiction of matters relating to the probate of wills 



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196 MAiNUAL OF THE CONSTITUTION 

aiud granting' letters of administration shall be exercised by the 
judges of probate in such manner as the legislature have di- 
rected, or may hereafter direct; and the judges of probate shall 
hold their courts at such place or places, and on such fixed 
days as the convenience of the people may require, and the 
legislature from time to time appoint. 

75. 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. 

APPOINTMENT OF PUBUO OFFICERS AND TENURE OF OFFICE. 

76. Judg^es of the supreme court, and other judges having 
jurisdiction throughout the state, the Attorney-General, and the 
railroad commissioners shall be chosen by ballot by a plural- 
ity of the qualified voters throughout the state, and shall hold 
their offices for six years; provid'ed, however, that the legis- 
lature, in order that the judges of the supreme court and the 
railroad commissioners may not all vacate their offices at the 
same time, may provide that those who may be first elected 
under this constitution may hold their offices for different and 
shorter periods. 

77. County judges, judges of probate, registers of probate, 
sheriffs, and county solicitors shall be chosen by a plurality of 
the qualified voters in the several counties, and shall hold their 
offices for four years. 

78. Police magistrates shall be elected by the voters of cities 
for four years, and trial justices by the voters of towns for 
two years. 

79. Officers of the militia shall be elected or appointed In 
such manner as the legislature shall from time to time direct, 
and shall be commissioned by the Governor. 

80. Commissioners in other states, bank commissioners, 
notaries public, justices of the peace, justices of the quorum, 
justices of the peace throughout the state, commissary-general, 
anidi other officers whose mode of appointment shall not be 
otherwise provided for in this constitution or by the legis- 
lature, shall be appointed by the Governor with the consent of 
the Senate, and their duties and term of office shall be defined 
by the legislature. 

81. The superintendent of the asylum for the insane shall 
be appointed by the trustees of that institution, and removable 
at their pleasure. 

82. The warden of the state prison shall be appointed by the 
Governor with the consent of the Senate; and two commia- 



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MAiyUAL OP THE C?ONSTITUTION 197 

sioners shall be appointed in the same manner, who, tog-ether 
with the Governor, shall constitute a board of supervisors of 
the state prison. And» the warden shall be removable at the 
pleasure of said board. The duties of said board shall be pre- 
scribed by the legislature. 

83. The judges of the courts, those of probate excepted, shall 
appoint their respective clerks, to hold their offices during pleas- 
ure; and. no such clerk shall act as an attorney, or be of coun- 
stel in any cause in the court of which he is clerk, nor shall 
he draw any wriit originating, a civil action. 

84. Officers shaJl be chosen or appointed to supply vacancies 
occurring in any public office in the same manner in which the 
same was originally filled; but the Governor shall appoint in 
the case of vacancies occurring in the offices in which, ac- 
cording to the foregoing provisions, the election or appoint- 
ment is to be made for the sta>te at large, and. also in the case 
of vacancies in the office of county judges. 

85. The judges of probate in the several counties shall fill 
vacancies in the office of registers of probate. 

86. The county judges, or, in case there shall be at the time 
no such judges, the Governor, shall fill vacancies occurring in 
county offices. 

87. The officers appointed to fill vacancies in all the forego- 
ing cases shall hold their offices only until successors shall be 
chosen or appointed by the regfular appointing power. 

88. The Governor, upon the address of both houses of the 
legislature, except where a different mode of removal is pro- 
vided, may remove any of the foregoing officers for incapacity 
or malversation in office. 

ENCOURAGEMENT OF lUTERjATURE, &C. 

89. The legislature s-hall make provision for the establish- 
ment and maintenance of free common schools at the public 
expense, and for the assessment and) collection, annually, in 
the several towns and places in this state, of a sum not less 
than one hundred and twenty-five dollars for every dollar of 
start.e taxes apportioned to them respectively, to be applied ex- 
clusively to the support of such schools. 

90. The supervision of public instruction shall be vested in a 
state superintendent, and such other officers as the legislature 
shall direct. 

91. Th-e state superintendent shall be chosen biennially by 
the qualified electors of the state in such manner as the legis- 
lature shall provide; his powers, diuties, and compensation shall 
be prescribed by law. 



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198 MANUAL OF THE OONSTITUTION 

92. There shall also be chosen biennially, by the qualified 
electors of the state, a commissioner of agriculture, whose 
duties and compensation shall be prescribed by law. 

OATH6 AWD iBUBSCKIPTIOiNS, jiESflOlLLISION FROM pFFTCES; COmOB- 
SIONfi; WKITS; OONPIBaiATION ,'OF LAWS; -HABEAS ! OOSRPUS; THE 
ENACTING STYLE; /OONriNUANCE OF OFFIQERS; PROVISION FOB A 
FUTURE REVISION OF THE CONSTITUTION, &C. 

93. Any person chosen Governor, Lieutenant-Governor, Sena- 
tor, or Eepresentative, military or civil officer, town oflBcers 
excepted, accepting the trust, shall, before he proceeds to exe- 
cute the duties of his office, make and subscribe the following 
declaration : 

"I, A. B., do solemnly swear and affirm 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 swear and affirm that I will faithfully 
and impartially discharge and perform all the duties incum- 
bent on me as . . . according to the best of my abilities, 
agreeably to the rules and regulations of the constitution and 
the laws of the State of New Hampshire. So help me God." 
. Any person having taken and subscribed the oath of al- 
legiance, and the same being filed in the Secretary's office, shall 
not be obliged to take said oath again. 

Provided, always, when any person chosen or appointed/ as 
aforesaid shall be scrupulous of swearing, and shall decline 
taking the said oaths, such person shall take and subscribe 
them, omitting the word "swear," and likewise the words, **So 
help me God," subjoining instead thereof "This I do under the 
pains and penalties of perjury." 

94. The oaths or affirmations aforesaid shall be taken and 
subscribedi by the Governor and Lieutenant-Governor before the 
chief, or some other justice of the supreme court, in the pres- 
ence of both houses of the legislature; and by the Senators and 
Representatives before the Governor for the time being; and 
by all other officers before such person, and in such manner, 
as the legislature shall from time to time direct. 

95. 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. 

96. 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 Hamp- 
shire; shall be under the seal of the court whence they is- 
sue, and bear test of one of the justices of the court, and be 
signed by the clerk of such court. 



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MAmjAL OF THE OONSTITTJTION 199 

97. All indictments, presentments, and informations shall 
concluidie, "against the peace and dignity of the state." 

98. The estate of such persons as may destroy their own 
lives shall not, for that offence, be forfeited; nor shall any ar- 
ticle which shall accidentally occasion the death of any person 
be henceforth deemed a deoda<nd, or in any wise forfeited on 
account of such misfortune. 

99. All the laws which have heretofore been adopted, used, 
and approved in the province, colony, or state of New Hamp- 
shire, and usually practiced on in the courts lof law, and not 
repugnant to the provisions of this constitution or the consti- 
tution of the United States, shall remain and be in full force 
until altered or repealed by the legislature. 

100. The privilege and benefit of habeas corpus shall be en- 
joyed in this state in the most free, easy, cheap, expeditious, 
and ample manner, and shall not be suspended by the legis- 
lature except upon the most urgent and pressing occasions, and 
for a time not exceeding three months. 

101. The enacting style in making and passing acts, statutes, 
anci laws shall be, "Be it enacted by the Senate and House of 
Representatives." 

102. No Governor, Lieutenant-Governor, or judge of the su- 
preme court shall hold any office or place under the authority 
of this state except such as by this constitution he is permitted 
to hold, saving that the judges of said court may hold the of- 
fice of justice of the peace throughout the state; nor shall 
either of said officers hold any place or office, or receive any 
pension or salary from any other state, government, or power 
whatever. 

103. 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 Senate, or Senate and House of 
Representatives, or courts of law, military offices, and offices 
of justices of the peace, trial justices, coroners, and notaries 
public excepted. 

104. No person holding the office of judge of any court, Sec- 
retary or Treasurer of the state, Attorney-General, Commis- 
sary-General, military officers receiving pay from the United 
States, excepting officers of the militia occasionally called forth 
on an emergencj'', register of deeds, sheriff, members of Con- 
gress, or any person holding any office under the United States, 
shall at the same time hold the office of Governor or Lieuten- 
ant-*Governor, or have a seat in the Senate or House of Rep- 



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200 MAINUAL OF THE C?ONSTITUTION 

resentatives; his being chosen end appointed to, and accept- 
ing the same shall operate as a resignation of his office of 
Governor, Lieutenant-Governor, Senator, or Bepresentative ; and 
the place so vacated shall be filled) up. 

105. No member of the Senate or House of Representatives 
shall be eligible to any office in the state government within 
the gift of the executive or legislative department during the 
time for which he shall have been elected, justices of the peace, 
coroners, notaries public, trial justices, and military officers ex- 
cepted. 

106. No person shall ever be permitted to hold a seat in the 
legislature, or any office of trust or importance under this gov- 
ernment, who in the due course of law has been convicted of 
bribery or corruption in obtaining aji election or appointment. 

107. In all cases where sums of money are mentioned in this 
constitution the value thereof shall be computed in gold and 
silver according to the provisions of the laws of the United 
States for the time being. 

108. Any amendment or amendments to this constitution may 
be proposed in the Senate or House of Representatives, and if 
the same shall be agreed to by a majority of the members 
elected to each house, such proposed amendment or amend- 
ments shall theu be entered upon their respective journals, with 
the yeas and nays taken thereon, and referred to the legislature 
then next to be chosen, and shall be duly published. And if, 
in the legfislature next afterwards to be chosen, such proposed 
aonendment or amendments shall be agreed to by a majority 
of the members elected' to each house, and the same be recorded 
on their journals, and the yeas and nays taken thereon as 
aforesaid, then it shall be the duty of the legislature to sub- 
mit such proposed amendment or amendments to the people; 
and if two-thirds of the qualified voters of this state, present 
and voting thereon at meietings duly called and; warned for that 
purpose, shall approve and ratify the same, then such amend- 
ment or amendments shall become a part of the constitution; 
provided that no amendment or amendments shall be submitted 
to the people oftener than once in six years; and if more than 
one amendment be submitted they shall be submitted in such 
manner and form that the people may vote for or against each 
amendiment proposed to any and every provision of the consti- 
tution separately. 

FRANK PIERCE, President. 
Thomas J. Whipple, Secretary. 



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MANUAL OF THE CONSTITUTION 201 

RESOLUTIONS FOR SUBMITTING THE AMENDMENTS TO 
THE PEOPLE. 

State of New Hampshire. 

In the year of our Lord one thousand eight hundred and fifty- 
one. 

In the convention of delegates assembled at Concord on the 
first Wednesday of November in the year of our Lord one thou- 
sand eight hundred and fifty, for the purpose of revising the 
constitution of this state, in pursuance of an act of the legis- 
lature passed July eighth in the year of our Lord» one thousand 
eight hundred and fifty. 

1. Resolved that the alterations and amendments proposed to 
the constitution shall be submitted to the qualified voters of 
the state at the annual town meetings holden on the second 
Tuesday of March in the year of our Lord eighteen hundred and 
fifty one, to be by them acted on at said, meetings or any ad- 
journment thereof within the same week. 

2. Resolved that the selectmen of the several towns, wards, 
ajid places in the state be directed to insert in their warrants 
calling the aaid annual town meetings an article to the fol- 
lowing effect: 

"To tak-e the sense of the qualified voters whether the altera- 
tions and amendments of the constitution proposed by the 
constitutional convention shall be approved." 

3. Resolved that the sense of the qualified voters shall be 
taken under the said article on each of the following questions 
submitted to them by said convention, by ballot or otherwise, 
as the said towns, wards, or places shall respectively elect and 
determine: 

Question 1st — Do you approve of the bill of rights, as 
amended by the convention? 

2nd — Do you approve of a House of Representatives, to be 
constituted and chosen as provided in the amended constitu- 
tion? 

3rd — ^Do you approve of a Senate, to be constituted and chosen 
as provided in the amended constitution? 

4th — Do you approve of the provisions adopted by the con- 
vention on the subject of Governor and Lieutenant^overnor? 

5ith — Do jrou approve of the biennial election of Governor, 
Lieutenant-Governor, and legislature, and of biennial sessions 
of the legislature, as adopted by the convention? 

6th — Do you approve of the amendments proposed by the 
convention in relation to the election and appointment of county 



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202 MANITAL OP THE CONSTITUTION 

judges, judiges of probate, and other public officers, and their 
tenure of office? 

7th — 'Do you approve of the amendments proposed relating 
to trial justices and courts, and their jurisdiction? 

8th — ^Do you approve of the abolition of the religious test and 
property qualification, as proposed in the amended constitu- 
tion? 

9th — ^Do you approve of the mode of making future amend- 
ments of the constitution, as proposed in the amended consti- 
tution? 

10th — ^Do you apprpve of the amendment providing that the 
judges of the supreme court and the attorney-general shall 
be elected by the people, and the tenure of their office? 

11th — [Do you approve of the amendment requiring the elec- 
tion of a superintendent of public instruction, as provided in 
the amended constitution? 

12 — Do you approve of the amendment requiring the election 
of commissioner of agriculture, as provided for in the amended 
constitution? 

13th — ^Do you approve of the amendment provided in the 
amended constitution for deciding all elections by a plurality 
vote? 

14th — ^Do you approve of the amendment abolishing the Coun- 
cil? 

15th — Do you approve of the other alterations and amend- 
ments, as made in the amended constitution? 

4. Resolved that the votes on said questions shall be recorded, 
copied, sealed up, labelled, directed, and returned by the town 
clerks to the Secretary of State on or before the 16th day of 
April, A. D. 1851, under the same penalty by law prescribed for 
neglect to return the votes for Governor, and said votes shall be 
by the Secretary of State laid before the convention. 

5. Resolved that the Secretary of State is hereby directed to 
furnish blanks to the town clerks of the different towns, wards, 
and places for the returns of the votes on said questions in 
the following form: 

State of New Hampshire. 
Town of County of At a legal meeting of 

the qualified voters of the town of holden on the 2nd 

Tuesday of March, A. D. 1851, the votes on the several questions 
involving the alterations and amendments of the constitution 
subnlitted to the qualified voters were as follows: 

Question 1st, yeas, nays. 

Question 2nd, yeas, nays. 

&c. &c., to and including question 15th. 

Attest, Town Clerk. 



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MAttOJAIi OF THE OONSTITUTION 203 

6. Resolved that the Secretary of this convention be directed 
to procure to be printed seventy thousand copies of the con- 
stitution as altered and amended by the convention, and the 
s«ame number of copies of the questions to be proposed to the 
qualified voters, and the same number of these resolutions, and 
to cause the same to be distributed as soon as may be to the 
town clerks of the respective towns, wards, and places in the 
state for the use of the qualified voters, in numbers propor- 
tioned as near as may be to the number of the legal voters in 
the said respective towns, wards, and places. 

FRANK PIERCE, President. 
Thomas J. Whipple, Secretary. 



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204 



MAINTJAI. OF THE CX)NSTITUTION 



VOTE ON FIFTEEN AMENDMENTS TO THE CONSTITUTION SUB 



Counties. 



First. 



Second. 



Third. 



Fourth. 



Fifth. 



Sixth. 



Seventh. 



Rockingham. 

Strafford 

Belknap 

Carroll 

Merrimack.. 
Hillsborough 

Cheshire 

Sullivan. 

Grafton 

Coos 



2,122 

370 

471 

363 

1,164 

3,948 

2.210 

912 

1,97-1 

304 



4,155 
3,044 
2,584 
2,223 
3,848 
2,604 

868 
1,844 
3,474 

475 



98 
251 
296 
702 

1,819 
874 
461 

1,095 
485 



5.816 
3,802 
2,809 
2,310 
4,401 
5,106 
2,339 
2,310 
4,484 
825 



1,3755,076 
1B2 3,256 



353 
271 



2,723 
2,404 



8244,295 

1,839:4,545 

815!2,322 

478i 2,175 



1,847 
921 



4,153 
714 



1,896 
375 
348 
265 
826 

3,001 

1,602 
641 

1,475 
870 



4,540 
3,045 
2.678 
2,820 
4,285 
3,006 
1 

2,043 

3,891 

736 



658 

162 

837 

223 

397 

1,636 

1,060 

855 

1,152 

498 



6,758 
3,181 
2,836 
2,350 
4,757 
4,856 
2,009 
2,421 
4,366 
1,064 



512 

460 

263 

961 

3,346 

2,092 

768 

1,784 

1,017 



4,875 
2,928 
2,618 
2,»27 
4,164 
2,936 

960 
1,915 
3,722 

687 



1,757 
496 
483 
267 

1,272 



2,028 

850 

2,153 

1,191 



4,6S4 
2,940 
2,564 
2,315 
3,891 
2,456 
1,022 
1,883 
3,560 
453 



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MAENTJAL OP THE OONSTITUTION 



205 



MITTED TO PEOPLE ON SECOND TUESDAY OF MARCH, 1851. 



Eighth. 


Ninth. 


Tenth. 


Bleyenth. 


Twelfth. 


Thlrt'nth. 


Foart*nth. 


Fifteenth. 


< 


i 


1 


^ 


i 

>* 
< 


i 


< 


1 


i 


^ 


i 


i 


oS 
9 
>> 

< 


^A 


CD 
9 

5i 


1 


2,076 


4,209 


1,699 


4,811 


1.236 


5.268 


1,073 


6,447 


770 


6.661 


1.665 


4,666 


1,940 


4.289 


1,606 


4.865 


726 


2,697 


8\8 


2.618 


367 


3,072 


287 


3.142 


302 


3.119 


469 


2,970 


451 


3.054 


202 


3.199 


440 


2,614 


441 


2,601 


357 


2,687 


357 


2,716 


299 


2.750 


274 


2,772 


812 


2.614 


288 


2,711 


398 


2,302 


286 


2,314 


226 


2,368 


244 


2.348 


249 


2,337 


223 


2,381 


298 


2.30I 


281 


2,242 


1.107 


4,022 


972 


4.164 


818 


4.307 


602 


4.462 


620 


4.622 


493 


4.666 


1.050 


4,102 


741 


4.828 


8,402 


2,690 


8,686 


2.612 


2.299 


3,807 


2.879 


3.248 


2,868 


8.870 


2,693 


8,377 


3,280 


2.888 


2.416 


3.288 


2.068 


930 


1.916 


947 


1.904 


1,266 


1,102 


1,866 


068 


1.886 


1,166 


1.979 


1,(H)3 


898 


1.3OT 


1,OT4 


90t< 


1.868 


840 


1.840 


626 


2,084 


313 


2,296 


392 


2,294 


42u 


2,240 


731 


1.919 


1519 


2.066 


1,746 


3.732 


1.836 


3,660 


1.666 


3,940 


1.040 


4,419 


982 


4,490 


941 


4,666 


1.744 


3.736 


1.996 


4.049 


916 


706 


966 


618 


931 


656 


669 


1,034 


405 


1,212 


876 


1,297 


891 


728 


762 


803 



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206 MAKUAL OF THE ODNaTlTBTION 

Second Session, 1851, Upon reassembling on April 16, the 
convention proceeded to canvass the returns of votes upon its 
proposed amendments, and found that all had been rejected 
by the people. 

This remarkable result of its deliberations called forth the 
following comment from Governor Dinsmoor in his annual 
message^ to the legislature at the June session, 1851: 

The populax reception of the amendments proposed by the 
convention to revise the constitution is a remarkable incident 
in our history. Considering the character of that very respect- 
able body, composed, as it is known to have been, of the most 
able and dis^tinguished representatives of the vairious classes, 
occupations, and interests in the state, and enjoying, perhaps, 
in as high a degree as any former political assembly in New 
Hampshire, the confidence of their constituents, it was not to 
have been anticipated that they would be so unfortunate in 
apprehending the wishes of the people as to fail in securing 
their acceptance of even one of the numerous amendments sub- 
mitted for their approval. 

It is apparent from this decisive expression of the popular 
will that the present constitution is, in the main, entirely sat- 
isfactory to a large majority of the people; that the alterations 
demanded by them are few and obvious, and that they neither 
contemplated nor desired the extensive and radical changes pro- 
posed by the convention. This result also inculcates the in- 
structive lesson, which may be useful for our guidance here- 
after, that no material or important amendments to the consti- 
tution can be expected to find acceptance with the people which 
are anything more than declaratory of their known sentiments, 
and that it is always unsafe to assume a knowledge of their 
opinions when they have not been distinctly pronounced. It 
would be an error to suppose that all the labor and expense be- 
stowed on this unsuccessful attempt to improve the constitu- 
tion has been entirely lost. An occasional examination and dis- 
cussion of the principles and forms of the fundamental law are 
not without their use, if they serve no other purpose than to 
bring more clearly to view the great merits of our old and 
well-tried constitution, and to give the people another oppor- 
tunity to reafBrm their strong and unabated attachment to it. 

The convention, after brief discussion, resolved -to submit 
what have commonly been described as three new amendments, 

1 Journal of House of Representatiyes, June Session, 1851. pp. 31-32. 



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.3£ANTJAIi OP THE COySTITUTION 207 

but, in fact, as comparison of their text shows, to re-submit 
three of those just rejected. These were the amendments 
proposing to abolish the religious itest for office, to abolish the 
property qualification for office, and to provide a new mode 
for amending the constitution. Provision was made for sub- 
mitting these amendments to the people at the annual town 
meetings to be held March 9, 1852, at which time the amend- 
ment abolishing the property qualification was adopted. 

These three amendments with the popular vote thereon are 
given on pages 207-209. 

The manuscript journal of the convention of 1850-51, with 
a very inadequate index, is in the office of the Secretary of 
State, but never has been published. The PcUriot (news- 
paper) of Concord, which was issued as a daily during the first 
session (Nov. 6, 1850, to Jan. 3, 1851) of this convention, 
published a stenographic account of its proceedings, with a 
full report of the debates. 

On April 17, 1851, the convention adjourned sine die. 

AMENDMENTS TO THE CONSTITUTION, 

Proposed 1851. Second Series. 

I. 

BILL OF MGiHTS. 
Art. 6. Strike out the word "Protestant." 
Pabt II. 

Art. 14. Strike out the words "shaU be of the Protestant re- 
ligion." 

Art. 29. Strike out the words "who is not of the Protestant 
religion." 

Art. 42. Strike out the words "and unless he shall be of the 
Protestant religion." 

IT. 

Pabt II. 

Art. 14. Strike out the words "shall have fin estate within the 
district which he may be chosen to represent of the value of 



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208 MAiNUAL OF THE CX)NSTITTJTION 

one hundred pounds, one-half of which to be a freehold whereof 
hft is seized in his own right." 

Art. 29. Strike out the words "and seized of a freehold estate 
in his own right of the value of two hundred pounds, being 
within this state." 

Art. 42. Strike out 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 consist of a freehold in his own right 
within this state." 

III. 

Arts. 99, 100. Strike out these articles, and insert in lieu 
thereof the following: 

"Art. 99. Any amendment or amendments to this constitu- 
tion may be proposed in the Senate or House of Representa- 
tives, and if the same shall be agreed to by a majority of the 
members elected to each house, such proposed amendment or 
amendments shall then be entered on their respective journals, 
with the yeas and nays taken thereon, anid referred to the leg- 
islature then next to be chosen, and shall be duly published; 
and if in the legislature next afterwards to be chosen such 
proposed anaendment or amendmeiits shall be agreed to by a 
majority of the members elected to each house, and the same 
be recorded on their journals, and the yeas and nays taken 
thereon as aforesaid, then it shall be the duty of the legislature 
to submit such proposed amendment or amendments to the 
people, and if two-thir'dis of the qualified voters of this state 
present and voting thereon at meetings duly called and warned 
for that purpose shall approve and ratify the same, then such 
amendment or amendments shall become a part of the constitu- 
tion; provided that no amendment or amendments shall be 
submitted to the people oftener than once in ten years, the 
legislature to nx the first year for such purpose, and the num- 
ber afterwaads to be computed from that; and if more than 
one amendment be submitted they shall be submittedi in such 
manner and form that the people may vote for or against each 
amendment proposed to any and every provision of the con- 
stitution separately." 



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MANTJAL OF THE CONSTITUTION 



209 



VOTE ON THE THREE AMENDMENTS OF 1851 TO CONSTITUTION OF 
N. H., SUBMITTED BY THE CONVENTION AT ITS SECOND 
SESSION, WHICH ADJOURNED APRIL 17, 1851. 





First.^ 


Second. 


Third. 




Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Rockingham 

Strafford 


1,374 

764 

323 

257 

1,163 

1,457 

1,322 

1,030 

1,317 

559 


1,846 

852 

1,037 

1,101 

2,455 

1,300 

716 

660 

1,758 

357 


2.550 
1,196 

541 
1,118 
1,804 
1,822 
1,898 
1,275 
2.249 

844 


807 
505 
517 
261 
1,767 
726 
181 
250 
704 
81 


2,296 
1,106 

523 

661 
1,236 
1,444 
1.698 

911 
1.839 

786 


886 
524 


Belknap 


536 


Carroll 


428 


Merrimack 

HilJsborough 

Cheshire 


2.020 
780 
219 


Sullivan 


492 


Grafton 


924 


Coos 


97 






Totals 


9,566 


12,082 


15,297 


5,799 


12,500 


6,906 



Period from 1852 to 1877, During the next quarter of a 
century the people voted, at seven different times upon the 
question of calling a convention to revise the constitution, 
and on three of those occasions a majority of the qualified 
voters declared themselves in favor of it. 

During the ten years 1860-1870 the legislature, in five suc- 
cessive acts providing for taking the sense of the people on 
calling a constitutional convention, followed the example set 
by the legislature in 1844, and! expressed its own sense that 
such convention, if called, should limit its action to provid- 
ing for the alteration of the constitution in certain enumer- 
ated particulars. These particulars vary somewhat in the 
several acts as appears from the following extracts: 

The act of July 4, 1860, after affirming that it is expedient 
that a convention be called to revise the constitution, pro- 
vided that the said convention, if called, "be limited in its 
action to the following particulars: 



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210 MANtTAL OF THE COKSTITUTION 

1st. To diminish the number of members of the Hooiee 
of Kepresentatives. 

2nd. To increase the number of members of the Senate. 

3rd. To make provision for future amendments of the 
constitution. 

Although the vote taken under the foregoing act showed 
a majority of the qualified voters in favor of calling a con- 
vention, the Senate and House of Eepresentatives failed to 
agree upon a bill for that purpose, and the legislature on 
July 4, 1861, (the day upon which Congress, puiTSuant to the 
call of President Lincoln, met in extra session,) postponed 
the bill providing for it to the next legislature. 

The act of July 9, 1862, provided "that it is the sense of 
the legislature that such convention to revise the constitu- 
tion, if the qualified voters of the state elect to call the same 
as aforesaid, should limit its action to the single duty of mak- 
ing provision for altering the constitution so as to provide 
for a different method of making future amendments 
thereof." 

The act of Aug. 19, 1864, providted that the said con- 
vention if summoned be limited in ite action to the following 
particulars: 

1st. To enable the qualified voters of this state engaged 
in the military or naval service of the country in time of war, 
insurrection, or rebellion to exercise the right of suffrage 
while absent from the state. 

2d. To abolisih all religious tests as qualifications for of- 
fice. 

3d. To diminisJi the number of members of the House of 
Eepresentatives. 

4th. To increase the number of members of the Senate. 

5th. To make provision ibx future amendments of the 
constitution. 

N'otwithstanding the fact that the vote pursuant to the 
foregoing act showed, as in 1860, a majority in favor of 
summoning a convention, a Joint special committee appointed 
by the legislature at its June session, ,1865, reported that 



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MANUAL OF THE OONSTITUTION 211 

Agreeably to the provisions of this act the sense of the 
people of the state was taken, and returns of the votes were 
duly made to the Secretary of State. It appeared that two 
hundred and eleven towns voted! on this question. These 
votes were accurately and carefully cast by your committee, 
with the following result: 

It appeared that 18,422 votes were thrown in favor of hold- 
ing a convention, and 15,348 against it, making a majority 
in favor of holding a convention of 3,074 votes. Of the 
votes thus cast it appeared that 1,907 votes were in favor of 
limiting the action of the convention to the question of 
amending the constitution so as to allow soldiers to vote 
when out of the state. 

The committee consider their duty completed by report- 
ing these facts to the House and awaiting such orders thereon 
as the House may direct. 

This report having been accepted, the legislature on June 
30, 1865, adopted the following resolution: 

Resolved that it is inexpedient to provide at this time for 
calling a convention, and that the subject be referred to the 
consideration of the next legislature.* 

The act of July 2, 1868, provided that said convention, 
if summoned, be limited to the following particulars: 

1. To abolish all religious tests as qualifications for office. 

2. To diminish tihe members of the House of Eepresen- 
tatives. 

3. To increase the number of members of the Senate, so 
that the whole number shall not exceed forty-one. 

4. To make provisions for future amendments of the con- 
stitution. 

The act of July 9, 1869, provided that the legislature 
recommend that the action of the convention be limited to 
the following particulare: 

^ Journals of the Senate and House of RepresentatlveB, June session, 1866. 
pp. 83, 237. 



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212 



MANUAL OF THE CONSTITUTION 



1st. To abolislh all religious tests as qualifications for 
office. 

2nd. To diminish the number of members of the House 
of Representatives. 

3rd. To increase the number of members of the Senate 
so that the whole number shall not exceed thirty-five. 

The following table shows the dates of the approval of 
the several acts of the legislature between 1850 and 1876 
providing for taking the sense of the qualified voters on the 
expediency of calling a convention to revise the constitution, 
and the aggregate, the affirmative, and the negative votes on 
the question as returned by the town clerks: 



Date of act. 



1857, June 27 . . 
1860, July 4 ... 
1862, July 9 ... 
1864, August 19 

1868, July 2 ... 

1869, July 8 .. 
1875, July 2 ... 



ToUl. 


Yea. 


2i,m 


2,822 


20,831 


11.078 


13.472 


1,044 


33,770 


18.422 


24,565* 


12,219 




No vote 


39,883 


28.971 



Nay. 



18,449 
9,763 
12,428 
15,348 
12,346 
on record. 
10.912 



Sixth Constitutional Convention^ 1876. The delegates 
elected to this convention assembled in the hall of the House 
of Eepresentatives in the Oapitol at Concord on Wednesday, 
December 6, 1876, at eleven o^clock in the forenoon. 

At the afternoon sesision the convention elected Daniel 
Clark of Manchester to be its Presidlent, Thomas J. Smith of 
Dover to be Secretary, and Alpheus W. Baker of Lebanon to 
be Assistant Secretary. A committee on rules was ap- 
pointed. 

On December 7th Mr. Sargent of Concord, for the com- 
mittee on rules, reported the following rules which were 
adopted by the convention: 

^ No record of the votes in 1868 or 1869 has been found in the office of the 
Secretary of State. The figures given for 1868 are taken from the Concord 
Daily Monitor for Nov. 19, 1868, where the vote is given by counties. 



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MANUAL OF THE OONSTITUTION 213 

1. The President shall take the chair at precisely the hour 
to which the convention shall have adjourned, shall immediately 
call the members to order, and at the commencement of each 
day's session shall cause the journal of the preceding day to 
be read. He shall preserve decorum and order, and may speak 
on points of order in preference to other members, and may 
substitute any member to perform the duties of the chair, such 
substitution not to extend beyond an adjournment. 

2. All committees shall be appointed by the President unless 
otherwise directed by the convention; and the first named mem- 
ber of any committee appointed by the President shall be 
chairman. 

3. No person but the members and officers of the convention 
shall be admitted within the chamber unless by invitation of 
the President or some member of the convention. 

4. No member shall speak more than twice to the same 
question without leave of the convention. 

5. When any question is under debate no motion shall be re- 
ceived but 1st, to aldijourn; 2d, to lie on the table; 3d, to post- 
pone to a day certain; 4th, to commit; 5th, to amend; which 
several motions shall take precedence in the order in which 
they are arranged. Motions to adjourn and lie on the table 
shall be decided without debate. 

6. Any member may call for a division of the question when 
the sense will admit of it; but a motion to strike out and insert 
shall not be divided. 

7. A motion for commitment, until it is decided, shall pre- 
cede all amendments to the main question; and all motions and 
reports may be committed at the pleasure of the convention. 

8. No vote shall be reconsidered unless the motion for recon- 
sideration be made by a member who voted with the majority. 

9. Every question shall be decided by yeas andi nays when- 
ever a demand for the same shall be made and sustained by at 
least ten members. 

10. The convention may resolve itself into a committee of the 
whole convention at any time on the motion of a member; and 
in forming a committee of the whole the President shall leave 
the chair, and appoint a chairman to preside in committee; and 
the rules of proceeding in convention and the rule relating to 
calls for the yeas and nays shall be observeid in committee of 
the whole, except the rule limiting the times of speaking. 

11. After the journal has been read and corrected the order 
of business shall be as follows, viz.: 1st, the presentation of 
resolutions and petitions; 2d, the reports of committees; 3d, 
the unfinished business of the preceding day. 



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214 MANTTAL OP THE CONSTITUTION 

Mr. Sargent of Concord, for the committee on rules and 
methods of procedure, also reported the following resolution, 
w'hich was adopted: 

Resolved that this convention will proceed to revise the pres- 
ent constiitution of the state by considering it as in committee 
of the whole, till gone through with under consecutive and sep- 
arate heeds, anjd by sending to special and appropriate commit- 
tees from time to time such amendments as may be adopted 
by the convention; that there shall be appointed four separate 
committees by the President, consisting of two members from 
each county, which shall be committees on the following sub- 
jects, viz.: 

1. The Bill of Rights, the Executive Department, and the 
Eeligious Test. 

2. The Legislative Department. 

3. The Judicial Department. 

4. Future Mode of Amending the Constitution, and Other 
Miscellaneous Matters. 

These committees shall consider the amendments submitted 
to them by the convention, and put the same in proper form, 
and recommenid such modifications and amendments of the 
same as they may deem necessary. (J. 1876, pp. 26, 27.) 

The President on December 8 appointed the standing 
committees of the convention, naming their chairmen as fol- 
lows: 

Committee on Bill of Rights, Executive Department, and 
Eeligious Test, Samuel M. Wheeler of Dover. 

Committee on Legislative Department, Harry Bingham of 
Little'ton. 

Committee on Judiciary Department, Jonathan E. Sargent 
of Concord. 

Committee on Future Amendments of the Constitution, 
and Other Miscellaneous Matters, John S. H. Frink of Green- 
land. 

Some of the other prominent members of the convention 
were John J. Bell and Oilman Marston of Exeter, Ichabod 
Ooodwin and William H. Y. Hackett of Portsmouth, Frank- 



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MANUAIi OP THE OONflTITUTION 216 

lin McDiifiEee of Ro(?hester, ThamaB J. Whipple of Laconia, 
John W. Sanborn of WakefieW, John M. Shirley of Andover, 
James 0. Lyford of Canterbury, Ai B. Tttiompeon, Jacob H. 
Gallingea", John Kimball, William E. Chandler, Joseph Went- 
worth, Benjamin A. Kimball, and Isaac W. Hammond of 
Concord, Isaac N. Blodgett and Ed'waxd B. S. Sanborn of 
Franklin, George C. Gilmore, Frederick Smyth, James F. 
Briggs, and) Charles H. Bartlett of Manchester, George A. 
Eamsdell and Edward Spaulding of Nashua, Silas Hardy and 
Francis A. Faulkner of Keene, Dexter Richards of Newport, 
John G. Sinclair of Bethlehem, Henry E. Parker of Hanover, 
John L. Spring of Lebanon, Samuel B. Page of Haverhill, 
and Jacob Benton of Lancaster. 

This convention wafi in session only eleven days. It pre- 
pared and submitted to the people thirteen amendments to 
the constitution, and provided that the General Court should 
fix the time when such of them as might be adiopted should 
take effect. Of these amendments, eleven of which were rati- 
fied by tihe people, the most important was that changing 
the basis of representation from ratable polls to population. 
Other important changes were the provision for biennial ses- 
sions, the increase of the number of Senators from twelve 
to twenty-four, the election of sheriffs by popular vote, the 
abolition of the religious test, and the change in time of 
holding elections from March to November. 

The convention voted to submit its amendments to the 
people at the annual town meetings on March 13, 1877, in 
the form of thirteen questions. Governor Cheney, on the 
16th of the following April, by public proclamation an- 
nounced the result of the vote.^ 

The text of the thirteen queistions and proposed amend- 
ments to the constitution, with the vote thereon, is given on 
pages 217-221. 

^ See comment upon the results of this convention in message of Gov. B. 
F. Prescott to the legislature at its June session, 1877. Journals of Senate 
and House, 1877, p. 171. 



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216 MANUAL OF THE CONSTITUTION 

After having provided by resolution for its reassembling 
at the call of the President, should the welfare of the state 
seem to him to demand it, the convention on Dec. 16, 1876, 
adjourned sine die. By order of this convention the journal 
of its proceedings was published. 



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M-AlNTJAL OF THE CONSTITUTION 217 

AMENDMENTS TO THE CONSTITUTION. 

Pboposed in 1876. 

Bill of Eights, Art. 6. Strike out the word "Protestant." Re- 
jected. 

Part II. Arts. 3, 5, 12, 16, 27, 28, 31, 33, 42, 60, and 66. Strike 
out the words **every year" and insert the word "biennially." 

Part II. Art. 5. Add "Provided that the General Court shall 
not authorize any town to loan or give its money or credit, di- 
rectly or indirectly, for the benefit of any corporation having 
for its object a dividen/di of profits, or in any way aid the same 
by taking its stock or bonds." 

Part II. Arts 9, 10, and 11. Strike out these sections, and 
insert "Art. 9. There shall be in the legislature of the state 
a representation of the people, biennially elected, and founded 
upon the principles of equality; andi in order that such repre- 
sentation may be as equal as circumstances will admit every 
town or place entitled to town privileges, and wards of cities 
having six hundred inhabitants by the last general census of 
the state, taken by authority of the United: States or of this 
state, may elect one Representative; if eighteen hundred such 
inhabitants, may elect two Representatives; and so proceeding 
in that pro-portion, making twelve hundred such inhabitants 
the mean increasing number for an additional Representative; 
provided that no town shall be divided, or the boundaries of the 
wards of any city so altered as to increase the number of 
Representatives to which such town or city may be entitled by 
the next preceding census; and provided, further, that to those 
towns and cities which since the last census have been divided, 
or had their boundaries or ward lines changed, the General 
Court in session next before these amendments shall take ef- 
fect shall equitably apportion representation in such manner 
that the number shall not be greater than it would have been 
had no such division or alteration been made. 

"Art. 10. Such towns, places, and wards as have less than 
six hundred inhabitants shall be classed by the general court 
for the purpose of choosing a Representative, so that every 
such class shall contain at least six htindred inhabitants, and 
be seasonably notified thereof; and in every such class the first 
meeting shall be held in the town, place, or ward wherein most 
of the inhabitants reside, and afterwards in that which has the 



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218 MAINTJAL OF THE. OQNSTITUTION 

next highest number, and so on, biennially, in rotation through 
the several towns, places, and wards forming the district. 

"Art. 11. Whenever any town, place, or city ward shall have 
less than six hundred such inhabitants, and be so situated that 
it cannot conveniently be classed with any other town, place, 
or ward, the General Court may authorize such town, place, or 
ward to elect and send to the General Court such proportionate 
part of the time as the number of its inhabitants shall bear to 
six hundred; but the General Court shall not authorize any 
town, place, or ward to elect an'd send such Representatives 
except as herein provided." 

Part II. Arts. 12, 28, 31, 42, and 60. Strike out the word 
"March" and insert "November." 

Part 11. Art. 14. Strike out the words "shall be of the 
Protestant religion." 

Part II. Arts. 25, 26. Strike out the word "twelve" and in- 
sert the word "twenty-four." 

Part II. Art. 29. Strike out the words "who is not of the 
Protestant religion." 

Part II. Art. 37. Strike out the words "seven," "eight," 
"five," and insert the words "thirteen," "sixteen," "ten." 

Part II. Art. 42. Strike out the words "and unless he shall 
be of the Protestant religion." 

Part II. Art. 46. Strike out the words "solicitors, all sher- 
iffs," "registers of probate." 

Part II. Art. 73. Strike out the word "President" and in- 
sert the word "Governor." 

Part II. Art. 73. Add at the end of the article the following 
words: "but in no case shall such removal be for political 
reasons." Rejected. 

Part II. Art. 77. Strike out the words "four pounds" and 
insert the words "one hundreds dollars." Strike out the words 
"so that a titial by jury, in the last resort, may be had." 

The convention of 1876 submitted to the people the fore- 
going proposed amendments in the form of the following 
questions: 

1. Do you approve of striking out the word "Protestant" In 
the bill of rights, as proposed in the amended constitution? 

2. Do you approve of so amending the constitution that the 
General Court shall be authorized to provide for the trial of 
causes in which the value in controversy does not exceed one 
hundred dollars, and title to real estate is not concerned, vdth- 



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MAUOTAL OF THE OONfirPITUTION 219 

out the intervention of a jury, as proposed T)y the amended 
constitution? 

3. Do you approve of the biennial election of Governor, Coun- 
cillors, members of the Senate -and House of Representatives, 
and biennial sessions of the legislature, as proposed in the 
amended constitution? 

4. Do you approve of a House of Representatives based upon 
population, and constituted and chosen as provided in the 
amended constitution? 

5. Do you approve of a Senate of twenty-four members, to 
be constituted and chosen as provided in the amenided consti- 
tution? 

6. Do you approve of the election by the i)eople of registers 
of probate, solicitors, and sheriffs, as provided in the amended 
constitution? 

7. Do you approve of aboMshing the religious test as a quali- 
fication for office, as proposed in the amended constitution? 

8. Do you approve of prohibiting the General Court from au- 
thorizing towns or cities to loan or give their money or credit 
to corporations, as proposed in the amended constitution? 

9. Do you approve of changing the time for holding the state 
election from March to November, as proposed in the amended 
constitution? 

10. Do you approve of authorizing the General Court to pro- 
vide that appeals from a justice of the i)eace may be tried by 
some other court without the intervention of a jury, as pro- 
posed in the amended constitution? 

11. Do you approve of authorizing the General Court to in- 
crease the jurisdiction of justices of the peace to one hundred 
dollars as proposed in the amended constitution? 

12. Do you approve of the proposed amendment prohibiting 
the removal from office for political reasons? 

13. Do you approve of the proposed amendment prohibiting 
money raised by taxation from being appliedi to the support of 
the schools or institutions of any religious sect or denomina- 
tion as proposed in the amended constitution? (J. 1876, pp. 
274-275.) 



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220 MAaOTAL OP THE OONeTITUTION 

VOTE ON THIRTEEN AMENDMENTS OF 1876, TO THE CONSTITUTI^ 





First 


Second. 


Third. 


Fourth. 


Fifth. 


1 

Sixth. 




Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


AyeH. 


Noes. 


Ayes. 


Noes. 


Ayes; 


M 


Aocklngham.. 

Strafford 

Belknap 

Carroll 

Merrimack... 
Hillsborough. 

Cheshire 

SnlliTan 

Grafton 

Qoos • 


4.088 
2,698 
1.436 
1,216 
4,224 
5,919 
2,395 
1,276 
2,804 
1,608 


2,524 

1.354 

992 

824 

2.495 

2,405 

1,194 

1,120 

2,367 

642 


\ 5,738 
3,297 
1,903 
1.337 
6,978 
6,478 
3,240 
1,767 
3,822 
1,922 


947 
669 
464 

649 

814 

1,642 

866 

517 

1,304 

381 


5,022 
3,029 
2,044 
1,481 
4,692 
6,209 
2,604 
1,672 
3,786 
1,942 


1,519 
894 
343 
523 

1,928 

1,971 
883 
619 

1.302 
313 


4,707 
2,946 
1,640 
1,472 
5,167 
6,092 
2,777 
1,712 
3,617 
1.794 


1,768 
998 
746 
494 

1.499 

2.082 
760 
613 

1,466 
463 


4,992 
3,148 
1,876 
1,608 
5,669 
7,103 
2,692 
1,661 
3,629 
1,918 


1,609 
696 
480 
490 

1,110 

1,062 
804 
701 

1.408 
830 


4,013 

%m 

1,560 
1,276 
4,9W 
6,745 
2,678 
1,665 
8,215 
1,560 


1 




Totol 


27,664 


15.907 


35,482 


7,752 


32.471 


10,295 


31,924 


10,878 


34.085 


8,690 


2d,3i3 


1 





























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MANUAL OF THE CONSTITUTION 
^NEW HAMPSHIRE, ON THE SECOND TUESDAY OF MARCH, 1877. 



221 



Seventh. 


Eighth. 


Ninth. 


Tenth. 


Eleventh. 


Twelfth. 


Thirteenth. 


^w. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Xoes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


14,151 


2;»1 


6,886 


1,273 


6,434 


1,268 


6.482 


1,108 


4.774 


1.813 


8.584 


2,910 


5,629 


924 


2,630 


1.247 


3,005 


787 


8,266 


765 


8,176 


786 


3,164 


768 


2,606 


1,487 


8,336 


668 


1,481 


891 


1,862 


462 


2,206 


226 


1,764 


614 


1,627 


647 


1,616 


672 


1,888 


424 


1,248 


747 


1,493 


605 


1,583 


438 


1,802 


676 


1,336 


644 


1,180 


811 


1,504 


448 


4,551 


8,120 


6,419 


1,219 


6,999 


804 


6,414 


1,130 


6,234 


1,172 


4,606 


2,064 


5,732 


»< 


4,814 


2,160 


6,178 


1,961 


7,362 


958 


6,140 


1,819 


6,604 


1.286 


6.300 


3,790 


6,987 


l,0t7 


2.409 


1,181 


2,792 


716 


2.747 


833 


2,992 


480 


2 876 


569 


2,547 


948 


3,021 


479 


1,427 


963 


1,769 


669 


1,818 


667 


1,678 


621 


1,642 


674 


'1,660 


678 


1398 


419 


2,905 


2,110 


3,784 


1,263 


8,941 


1,187 


3,563 


1,440 


3,439 


1,612 


8.299 


1,727 


3,934 


1,049 


1,661 


671 


1,911 


347 


1,892 


865 


1,886 


366 


1,897 


353 


1,751 


496 


1,919 


837 


IB,477 


14,231 


33,688 


9,081 


36,237 


7,390 


33,892 


8,906 


82.692 


9,418 


28 038 


140(23 


36,838 


6,606 



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222 



MAJNTTAI, OF THE CONSTITUTION 



Constitution imchanged, 1877-1889. The following table 
shows the dates of the approval of the several acts of the 
legis'lature between 1876 and 1889, providing for taking the 
sense of the qualified voters on the expediency of calling a 
convention to jevise the constitution, and the aggregate, the 
affirmative, and the negative votes on the question as re- 
turned by the town clerks: 



Date of act. 


ToUl. 


Yea. 


Nay. 


1883, July 27 


27,156 
21.679 


13,036 
11,466 


14.120 


1885. AUKUfft 13 


10,213 







Seventh Constitutional Convmtiony 1889. The delegates 
to this convention assembled in the hall of the House of Rep- 
resentatives in Concojdl on Wednesday, January 2, 1889, at 
11 o'clock A. M. 

At the afternoon session Oharles H. Bell of Exeter was 
elected President; and on the following day James E. Jack- 
son of Littleton was elected Secretary, and William Tutherly 
of Claiemont Assistant Secretary of the convention. 

The rules of the convention of 1876 were adopted as the 
rules of this convention till otherwise ordered. 

On January 3 Mr. Hadley of Concord, from the commit- 
tee on rules and method of procedure, submitted the follow- 
ing report, which was adopted by the convention: 

1. The President shall take the chair at precisely the hour 
to which the convention shall have adjourned, shall immediately 
call the members to order, and at the commencement of each 
day's session shall cause the journal of the preceding day to 
be read. He shall preserve decorum anldi order, and may speak 
on points of order in preference to other members, and may 
substitute any member to perform the duties of the chair, such 
substitution not to extend beyond an adjournment. 

2. All committees shall be appointed by the President unless 
otherwise directed by the convention; and the first named mem- 
ber of any committee appointed by the President shall be 
chairman. 



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MAiNTJAL OP THB CONSTITUTION 223 

3. No person but the members andi officers of the convention 
shall be admitted within the chamber unless by invitation of 
the President or some member of the convention. 

4. No member shall speak more than twice to the same 
question without leave of the convention. 

5. When any question is under debate no motion shall be re- 
ceived 'but 1st, to adjourn; 2d, to lay on the table; 3d, to post- 
pone to a diay certain; 4th, to commit; 5th, to amend; which 
several motions shall take precedence in the order in which 
they are arranged. Motions to adjourn and lay on the table 
shall be decided without debate. (J. 1889, pp. 18-20.) 

6. Any member may call for a division of the question when 
the sense will admit of it; but a motion to strike out and in- 
sert shall not be divided. 

7. A motion for commitment, until it is decided, shall precede 
all amendments to the main question; and all motions and re- 
ports may be committed at the pleasure of the convention. 

8. No vote shall be reconsidered unless the motion for re- 
consideration be made by a member who voted with the ma- 
jority. 

9. Every question shall be decided by yeas and nays when- 
ever a demand for the same shall be made and sustained by at 
least ten members. 

10. The convention may resolve itself into a committee of 
the whole convention at any time on the motion of a member; 
and in forming a committee of the whole the President shall 
leave the chair and appoint a chairman to preside in commit- 
tee; and the rules of proceeding in convention shall be observed 
in committee of the whole, except the rule limiting the times 
of speaking, andj rule 9. 

11. After the journal has been read and corrected the order 
of business shall be as follows: iirst, the presentation of reso- 
lutions and petitions; second, the reports of committees; third, 
the unfinished business of the preceding day. 

Modes of Pkoceduke. 

Resolved that the methods of procedure in revising the consti- 
tution shall be as follows: 

1. All amendments proposed shall be offered in writing, and 
shall be read by the Secretary for the information of the con- 
vention, when, unless rejected or otherwise disposed of, the 
same shall be referred to an appropriate committee, who shall 
examine and report the amendments referred to the convention 
with such recommendations as they may deem advisable. No 



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224 iMAJNUAI/ OF THE OONSTirDTION 

proposition for an amendment shall be received aft«r Wednesday 
of the second week unless by unanimous consent of the con- 
vention, or upon the recommendation of the committee. 

2. There shall be appointed by the President five separate 
committees consisting of two members from each county, which 
shall be committees on the following subjects: 

(1.) On bill of rights and executive department. 

(2.) On legislative department. 

(3.) On judicial department. 

(4.) On future mode of amending the constitution, and other 
proposed amendments. 

(5.) On time and mode of submitting to the people the 
amendments agreed to by the convention. 

On January 7 the President appointed! the standing com- 
mittees, naming their <*hainnen as follows: 

On Bill of Eights and Executive Department, Isaac W. 
Smith of Manchester. 

On Legislative Depai^tment, James F. Briggs, of Manchester. 

On Judicial Department, EUery A. Hibbard of Laconia. 

On Future Mode of Amending the Constitution, and other 
Proposed Amendments, William S. Uadd of Lancaster. 

On Time and Mode of Submitting to the People the 
Amendments Agreed to by the Convention, Charles A. t>ole 
of Lebanon. 

Among the other leading members of this body were John 

D. Lyman of Exeter, Calvin Page of Portsmouth, John W. 
Sanborn of Wakefield, Joseph B. Walker, Amos Hadley, and 
Benjamin A. Kimball of Concord, Frank N. Parsons, Isaac 
N. Blodgett, and Alvah W. Sulloway of Franklin, David 
Cross, Charles H. Bartlett, George C. Gilmore, and Henry 

E. Bumham of Mandhester, Robert M. Wallace of Milford, 
George B. French of Nashua, Irn Colby of Ckremont, Dexter 
Ri<yhards of Newport, and Edward R. Ruggles of Hanover. 

The most important changes in the constitution proposed 
by this convention were the abolition of the system of clas- 
sifying towns for the election of a Representative, the change 
in the time of the meeting of tihe legislature from June to 
January, the granting of a fixed salary for the members of 
the legislature, and the addition of a clause prohibiting the 



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MANUAL OF THE CONSTITUTION 225 

manufacture, or sale, or keeping for sale of all alcoholic or 
intoxicating liquors as a beverage. 

The convention prepared seven amendmen<ts, which were 
submitted, in the form of questions, to the qualified voters 
on the second Tuesday of Mardh, 1889. Five of these were 
ratified and became a part of the constitution of the state. 
The text of the amendments and questions voted upon, to- 
gether with the result of the vote, is given on pages 225-228. 

This convention by resolution fixed the time when the 
several proposed amendments to the constitution should take 
effect, provided any or all of them should be ratified by the 
people. 

The convention, after having provided by resolution for 
their reassembling at the call of the President or Governor of 
the state, should such action seem to eithier of them neces- 
sary, adjourned on January 12th si/ne die. 

By order of this convention the journal of its proceedings 
was published. 

AMENDMENTS TO THE CONSTITUTION. 

VBOPOeBD IN 1889. 

Bnx OF BioHTS. 

Art. 6. Strike out this article and insert the following: 
"Art 6. As morality and piety will give the best ansd< greatest 
security to government, and will lay in the hearts of men the 
strongest obligations to due 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 these 
important purposes the people of this state have a right to 
empower, and do hereby fully emjwwer the legislature to au- 
thorize from time to .time the religious societies within this 
state to make adequate provision, at their own expense, for 
the support and maintenance of public teachers of piety, re- 
ligion, and morality. 

"The several religious societies shall at all times have the ex- 
clusive right of electing their own public teachers, and of con- 
tracting with them for their support and maintenance; and no 
person of any one particular religious sect or Idenomlnation 



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226 MANUAL OF THE OONSTITUTION 

shall ever be compelled to pay toward the support of the teacher 
or teachers of another persuasion, sect, or denomination. 

"And every religious sect or denomination demeaning* them- 
selves 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 es- 
tablished by law." Rejected. 

Pabt II. 

Arts. 3, 25, 32, 33, 42, 43, 60, 66. Strike out the word "June" 
wherever it occurs in these articles, and insert the word "Janu- 
ary" in place thereof. 

Arts. 10, 11. Strike out these articles, and insert the follow- 
ing: 

"Art. 10. Whenever any town, place, or city ward shall have 
less than six hundred guch inhabitants the General Conrt shall 
authorize such town, place, or ward to elect and send to the 
General Court a Representative such proportionate part of the 
time as the number of its inhabitants shall bear to six hun- 
dred; but the General Court shall not authorize any such town, 
place, or ward to elect and send such Representative except as 
herein provided." 

Art. 15. Strike out this article, and insert the following: 

"Art. 15. The presiding officers of both houses of the legis- 
lature shall severally receive out of the state treasury, as com- 
pensation in full for their services for the term elected, the 
sum of two hundred and iifty dollars, and all other members 
thereof, seasonably attending and not departing without license, 
the sum of two hundred dollars, exclusive of mileage; pro- 
vided, however, that when a special session shall be called by 
the Governor such officers and members shall receive for at- 
tendance an additional compensation of three dollars per day, 
for a period not exceeding fifteen days, and the usual mileage." 

Art. 34. Strike out all after the word "state," and insert the 
following: 

"All vacancies in the Senate arising by death, removal out 
of the state, or otherwise, except from failure to elect, shall be 
filled by a new election by the people of the district, upon the 
requisition of the Governor, as soon as may be after such va- 
cancies shall happen." 

Art. 49. Add to this article the following words: 

"Whenever the chair, both of the Governor and President of 
the Senate, shall become vacant by reason of their death, ab- 
sence from the state, or otherwise, the Speaker of the House 
shall during such vacancies have and exercise all the powers 
and! authorities which by this constitution the Governor is 



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MANTJAL OP THE CONSTITUTION 22lf 

vested with when personally present. But when the Speaker 
of the House shall exercise the office of Governor, he shall not 
hold his office in the House." 

Add Article 102 as follows: 

"Art. 102. The sale, or keeping for sale, or manufacture of 
alcohol or intoxicating liquor, except cider, or of any compound 
of which such liquor is a part, to be used as a beverage, is a 
misdemeanor, and is hereby prohibited." Rejected. 

The convention of 1889 submitted to the people its pro- 
posed amendments in the form of the following questions: 

1. Do you approve of changing the time for the meeting of 
the legislature from June to January, and of changing the time 
when the terms of office of the executive and legislative de- 
partments shall commence, and the other amendments in con- 
formity therewith, as proposed in the amended constitution? 

2. Do you approve of compensating the members of both 
houses of the legislature by a fixed salary, as proposed in the 
amended constitution? 

3. Do you approve of filling vacancies in the Senate by a new 
election, as pro'posed in the amended constitution? 

4. Do you approve of having the Speaker of the House act as 
Governor in case of vacancies in the offices of Governor and 
President of the Senate, as proposed in the amended constitu- 
tion? 

5. Do you approve of inserting in the constitution an article 
prohibiting the manufacture, or sale, or keeping for sale of al- 
coholic or intoxicating liquor as a beverage, as proposed in the 
amended constitution? 

6. Do you approve of amending article 6 of the bill of rights 
making the same non-sectarian, as proposedi in the amended 
constitution? 

7. Do you approve of amending the constitution with refer- 
ence to representation in classed towns as proposed in the 
amended constitution? 

(J. 1889, pp. 254-255.) 



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228 



MANUAL OP THE OONSTITUTION 



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ILAlNUAL OF THE CONSTITUTION 



229 



^ Constitution unchanged, 1889-1902. The following table 
shows the dates of the approval of the several acts of the 
legislature from 1889-1902, providing for taking the sense 
of the qualified voters on the expediency of calling a conven- 
tion to revise the constitution, and the aggregate, the affirma- 
tive, and the negative votes on the question, as r'etumed by 
the town clerks: 



Date of act. 



Total. 



Yea. 



Nay. 



1893. April 1 .. 
1895, March 27 
1899, March 1. 



30,370 
33.930 
13,858 



13.681 
14.099 
10.571 



16.689 

19.831 

3,287 



Pursuant to the last mentioned vote the General Court by 
an act approved March 21, 1901, provided for the election on 
November 4, 1902, of delegates to a constitutional convention 
to assemble at Concord on the second day of December fol- 
lowing. 

Eighth Constitutional Convention, 1902. — The delegates 
elected to this convention assembled in the hall of the House 
of Representatives in Concord on Tuesday, December 2, 1902, 
at eleven o'clock in the forenoon, and were called to order by 
Hon. Isaac N. Blodgett of Franklin. Col. Henry 0. Ke^t of 
Lancaster was chosen temporary chairman, and James E. 
Dodge of Manchester temporary secretary. A committee on 
credentials was appointed by the chair, who named two from 
each county. 

At the afternoon session Mr. Stephen S. Jeweitt of Laconia, 
for the committee on credentials, reported a list of persons 
found to have been duly elected members of this convention, 
and the report was accepted and adopted. Frank. S, Streeter 
of Concord was elected President of the convention, Thomas 
H. Madigan, Jr., of Concord, Secretary, and L. Ashton 
Thorp of Manchester Assistant Secretary. The President 
appointed a committee of ten, consisting of one from each 



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230 MANUAL OF THE CONSTITUTION 

county, on rules and methods of procedure, and named Henr}' 
M. Baker of Bow as its chainnan. 

On December 3 the committee on rules submitted the fol- 
lowing report which was accepted and adopted by the conven- 
tion: 

1. The President shall take the chair at precisely the hour 
to which the convention shall have adjourned, shall immedi- 
ately call the members to order, and at the commencement of 
each day's session shall cause the journal of the preceding day 
to be read. He shall preserve decorum and order, and may 
speak on points of order in preference to other members, and 
may substitute any member to perform the duties of the chair, 
such substitution not to extend beyond an adjournment. 

2. A majority of all the members of the convention shall 
constitute a quorum. 

3. All committees shall be appointed by th^ President, un- 
less otherwise directed by the convention, and the first named 
member of any committee appointed by the President shall be 
chairman. 

4. No person but the members and officers of the convention 
shall be admitted within the chamber unless by invitation of the 
President or order of the convention. 

5. No member shall speak more thian twice to the same ques- 
tion without leave of the convention. 

6. When any question is under debate no motion shall be re- 
ceived but 1st, to adjourn; 2nd, to lay on the table; 3rd, to post- 
pone to a day certain; 4th, to commit; 5th, to amend; which 
several motions shall take precedence in the order in which 
they are arranged. (Motions to adjourn and lay on the table 
shall be decided without debate. 

7. Any member may call for a division of the question when 
the sense will admit of it, but a motion to strike out and insert 
shall not be divided. 

8. A motion for commitment, until it is decided, shall pre- 
j cede all amendments to the main question, and all motions and 
' reports may be committed at the pleasure of the convention. 

I 9. No vote shall be reconsidered unless the motion for recon- 

j sideration be made by a member who voted with the majority. 

i 10. Every question shall be decided by yeas and nays, when- 

■ ever a demand for the same shall be made and sustained by at 
; least ten members. 

■ 11. The convention may resolve itself into a committee of 
the whole at any time on the motion of a member, and in form- 



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MAINUAL OF THJE OON6TITUTION 231 

ing a committee of the whole the President shall leave the chair 
and appoint a chairman to preside in committee, and the rules 
of proceeding in convention shall be observed in committee of 
the whole, except the rule limiting the times of speaking and 
the rule relating to calls for the yeas and nays. 

12. After the journal has been read and corrected, the order 
of business shall be as follows: first, the presentation of resolu- 
tions and petitions; second, the reports of committees; third, 
any special order for the hour; fourth, the unfinished business 
of the preceding day. 

13. All motions and resolutions proposing any amendment to 
the coi^titution shall be offered in writing, and be read by the 
Secretary for the information of the convention, when, unless 
rejected or otherwise disposed of they shall be referred to an 
appropriate committee, who shall examine and report thereon 
to the convention with such recommendations as they may 
deem advisable. No proposition for an amendment shall be re- 
ceived after Tuesday of the second week unless by unanimous 
consent of the convention, or upon the recommendation of the 
committee. 

14. There shall be appointed by the President five commit- 
tees, consisting of twenty members each, and each county shall 
be represented thereon. Said committees shall be on the fol- 
lowing subjects, viz.: 

(1) On bill of rights and executive department. 

(2) On legislative department. 

(3) On judicial department. 

(4) On future mode of amending the constitution and other 
proposed amendm-ents. 

(5) On the time and mode of submitting to the people the 
amendments agreed to by the convention. 

On December 4 the President appointed the standing com- 
mittees, naming their chairmen as follows: 

On bill of rights and executiye department, Edgar Aldrich 
of Littleton. 

On legislative department, David Cross of Manchester. 

On judicial departmemt, Isaac N. Blodgett of Franklin. 

On future mode of amending the constitution and other 
proposed amendments, Edwin G. Eastman of Exeter. 



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232 MANUAL OF THE OONSTITUTION 

On time and mode of submitting to the people the amend- 
ments agreed to by the convention, William E. Chandler of 
Concord. 

Among other leading members of this convention were 
Henry M. Baker of Bow, Thomas F. Johnson of 

George E. Bales of Wilton, Colebrook, 

Jesse M. Barton of Newport, Edwin F. Jones of Manchester, 
Arthur C. Bradley of Newport, Henry 0. Kent of Lancaster, 
James F. Briggs of Benjamin A. Kimball of 

Manchester, Concord, 

John T. Busiel of Laconia, Mai t land C. Lamprey of 
Ira* A. Chase of Bristol, Concord, 

Thomas Cogswell of Edward G. Leach of Franklin, 

Gilmanton, Cyrus H. Little of Manchester, 
George E. Cochrane of James 0. Lyford of Concord, 

Rochester, Joseph Madden of Keene, 
Daniel J. Daley of Berlin, John M. Mitchell of Concord, 
Charles A. Dole of Lebanon, George F. Morris of Lisbon, 
Irving W. Drew of Lancaster, Edward C. Niles of Concord, 
James A. Edgerly of True L. Norris of Portsmouth, 

Somersworth, Edward E. Parker of Nashua, 
Alfred E. Evans of Gorham, Edwin B. Pike of Haverhill, 
William B. Fellows of Tilton, Eosecrans W. Pillsbury of 
Channing Folsom of Dover, Londonderry, 

Arthur 0. Fuller of Exeter, Seth M. Eichards of Newport, 
James L. Gibson of Conway, Charles C. Eogers of Tilton, 
George C. Gilmore of William B. 'Rotch of Milford, 

Manchester, Frank W. Eussell of Plymouth, 
Henry F. Green of Littleton, Edward B. S. Sanborn of 
Herbert 0. Hadley of Temple, Franklin, 

Charles J. Hamblett of John W. Sanborn of Wakefield, 

Nashua, Charles Soott of 
DeWitt C. Howe of Concord, Peterborough, 

Nathan P. Hunt of John B. Smith of 

Manchester, Hillsborough, 

Stephen S. Jewett of Laconia, George W. Stone of Andover, 



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MANUAL OF THE OONSTITUTION 233 

Edward J. Tenney of Tyler Westgate of Haverhill, 

Claremont, Elmer E. Woodbury of 
Reuben E. Walker of Concord, Woodstock, 

Edward H. Wason of Nashua, Gordon Woodbury of Bedford. 

Resolutions proposing about seventy different amendments 
to the constitution were offered in the convention. Some of 
them were discussed at great length in the committee of the 
whole. The most significant of these resolutions, besides the 
ten adopted by the convention and submitted to the people 
in the form of proposed amendments to the constitution, were 
the following: 

To provide for the initiative and referendum. 

Resolutions to provide for the initiative and referendum 
were in'troduced by Mr. Clyde of Hudson (J. p. 204)^, and by 
Mr. Ledoux of Nashua (J. p. 264). They were both referred 
to the committee on the legislative department, and ad- 
versely reported by that committee. (J. p. 606, 782.) After 
an extended speech by Mr. Clyde (J. pp. 782-790) in which 
he reviewed the history of such legislation in other states, 
these resolutions were laid upon the table by a vote of 236 to 
34. (J. p. 790.) 

To forbid the granting of free itransportation by railroads. 

Resolutions on the subject of free passes were introduced 
by Mr. Chandler of Concord (J. p. 101), by Mr. Starr of Man- 
chester (J. p. 243), and by Mr. Rogers of Tilton (J. p. 335), 
the last requiring the railroads to furnish free transportation 
to all state officials. 

These resolutions were discussed in committee of the whole 
by Mr. Chandler of Concord, Mr. Stone of Franklin, Mr. Hub- 
bard of Amherst, Mr. Leach of Franklin, Mr. Niles of Con- 
cord, and others. (J. pp. 684-690, 750-761). Mr. Leach of 
Franklin moved as a substitute the following: Resolved that 
the committee report to the convention in favor of the indefi- 
nite postponement of all proposed amendments relating to 
free passes, with the recommendation that the legislature con- 

^ The references to J. with figures hereinafter made are to th« official 
journal of thla convention. 



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234 MANUAL OF THE OONSTITUTION >, 

sider the subject, and enaot such legislation, if any, as in their 
opinion the public good may require. (J. p. 808.) The yeas 
and nays were ordered on this resolution, and it was adopted 
by a vote of 221 to 101, resulting in the virtual defeat of the 
original resolutions. (J. pp. 809-811.) 

To change the method of choosing various state and county 
officers. 

Mr. Gilmore of Manchester introduced a resolution pro- 
viding for the popular election of the Secretary of State, State 
Treasurer, and Commissary-General. (J. p. 332.) Another 
resolution, introduced by Mr. Stairr of Manchester, provided 
for the popular election of the Secretary, Treasurer, labor 
commissioner, and railroad commissioners. (J. p. 243.) Two 
other resolutions, one by Mr. Sloane of Haverhill, the other 
by Mr. Fuller of Exeter, (J. pp. 93, 97,) provided for placing 
upon the judges of the superior court the duty of appointing 
sheriffs and county solicitors. All of them were adversely re- 
ported or indefinitely postponed. 

To make permanent the supreme and superior courts as 
established by law. 

A resolution to make permanent these courts as then estab- 
lished by law, and to remove them from the control of the 
legislature, was introduced by Mr. Niles of Concord, (J. p. 
101), and vigorously defended by him (J. pp. 655-658, 666- 
668), as well as by Mr. Liiitle of Manchester (J. pp. 651-655) 
and by Mr. Daley of Berlin (J. p. 665). But the opposition 
by Mr. Baker of Bow (J. p. 601), Mr. Edgerly of Somersworth 
(J. p. 602), Mr. Briggs of Manchester, Mr. Harriman of 
Nashua, Mr. Kent of Lancaster, Mr. Hamblett of Nashua, 
and others was so strong that the resolution, though recom- 
mended by the committee on the judiciary (J. p. 601), was 
rejected by the convention without a division. (J. p. 670.) 

To provide for the election of all state, county, municipal, 
and town officers by a plurality vote. 

A resolution to make permanent these courts as »then estab- 
by a plurality vote was presented by Mr. Baker of Bow (J. p. 



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MANUAL OF THE OQNSTITDTION 235 

32), and referred to the committee on the legislative depart- 
menlt, which in its report to the convention recommended its 
adoption. (J. p. 524.) This report was accepted and adopted 
by a viva voce vote. Mr. Briggs of Manchester having called 
for the yeas and nays, the resolution was laid upon the teble, 
and on the following day was indefinitely postponed by a vote 
of 141 to 89. (J. p. 678.) 

To provide an easier and less expensive method of amend- 
ing the constitution. 

EesoWtions relating to this subject were introduced by Mr. 
Lamprey of Concord, Mr. Baker of Bow, and Mr. Colby of 
Hanover. That of Mr. Lamprey was limited to the proposal 
that all future amendments to the constitution should be sub- 
mitted to the people by the General Court. Those of Mr. 
Baker (J. pp. 243, 244) and Mr. Colby (J. pp. 333-335) were 
substantially alike in providing ifchat any amendment to the 
constitution may be proposed in either house of the legisla- 
ture, and that when any amendment so initiated shall have 
been passed by a majority of the members elected to each 
house in two successive legislatures, it shall be the dulty of the 
legislature to submit it to the qualified electors for their ap- 
proval. These two resolutions diflfered in their require- 
ment for the ratification of any such amendment, thalt of Mr. 
Baker prescribing a majority of the electors voting thereon 
and tUat of Mr. Colby two thirds of the qualified voters pres- 
ent and voting thereon at meetings warned for that purpose. 

The committee on future mode of amending the constitu- 
tion and other proposed amendments reported adversely upon 
all 'these resolutions, 'and, after some discussion, their report 
was adopted by a vote of 276 to 41. (J. pp. 626-641.) 

The ten amendments to the constitution which were ap- 
proved by this convention and submitted to the qualified vot- 
ers related to <the following subjects: 

I. An educational qualification for vdting or holding of- 
fice. 

A resolution upon this subject, which was introduced by 



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236 MAINUAL OF THE OONSTITDTION 

Mr. Edgerly of Somersworth (J. p. 75), was referred to the 
committee on the l^igislative department. This committee 
reported upon it favorably, and the convention adopted its 
report with slight verbal changes, but with lit^tle discussion 
and without a division. (J. pp. 515-516.) This proposed 
amendment was submitted to the qualified voters in the form 
of Question One as follows: 

Do you approve of requiring every person, in order to be a 
voter or eligible to office, to be able to read the constitution in 
the English language and ito write; the requirement not to 
apply to any person who now has the right to vote, nor to any 
person who shall be sixty years of age or upwards on January 
1, 1904; — as proposed in the amendment to 'the constitution? 

This amendment was ratified by a vote of 28,601 to 8,205 
and became a part of the constitution of the state. 

II. The examination of captains and subalterns in the 
militia before appointment. 

Mr. Russell of Plymouth, who introduced the resolution 
upon this subject (J. p. 241), called the attention of the con- 
vention to 'the fact that under the constitution the nomina- 
tions and recommendations of captains and subalterns in. the 
militia were made by the field officers to the Governor, 
who had no choice, but must issue their commissions at 
once. (J. pp. 610-612.) Under the proposed amendment 
candidates for these offices would be required to establish, to 
some extent a't least, their qualifications for them. 

This resolution, referred 'bo the committee on future mode 
of amending the constitution and other proposed amend- 
ments, was reported by it favorably and the convention 
adopted it. This proposed amendment was submitted to the 
qiialified voters in 'the form of Question Two, as follows: 

Do you approve of the requirement that captains and sub- 
alterns in the militia of the state shall, before their nomina- 
tion -and appointment, be examined and found duly qualified 
by an examining board appointed by the Governor; — as pro- 
posed in the amendment to the constitu'tion? 



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MANUAL OF THE CONSTITUIION 237 

This amendment was ratified by a vote of 23,228 to 7,377, 
and became a part of the constitution. 

III. Method of choosing the Commissary-'General. 

Mr. Russell of Plymouth introduced a resolution to strike 
out the word Commissary-General from pailt two. Article 6Q. 
providing for his election by the legislature. (J. p. 242.) He 
explained that there was no reason why this single member ol 
the Governor's staff should be chosen for him by the legisla- 
ture, and at times against his will. 

This resolution, referred to the commii^tee on future mode 
of amending the constitution and other proposed amend- 
ments, was reported by it favorably, and adopted by the con- 
vention. This proposed amendment was submitted to the 
qualified voters as Question Three, as follows: 

Do you approve of striking out the words "the Commissary- 
General" from the requirement that the Secretary of State 
and the State Treasurer and the Commissary-General shall be 
chosen by the legislature; — as proposed in the amendment 'to 
the constitution? 

It was rejected by a vote of 17,951 to 10,082. 

IV. Extension of the taxing power of the legislature. 

Eesolutions on the general subject of taxation were intro- 
duced by Mr. Holman of Hillsborough (J. p. 32), Mr. Norris 
of Portsmouth (J. p. 249), Mr. Chandler of Concord (J. p. 
250), and Mr. Ham of Portsmouth (J. p. 250). All of them 
were referred to the committee on the legislative department, 
which repoilted in a new draft embracing the most important 
points of all these resolutions. (J. pp. 595, 626.) This, re- 
port, after discussion and some verbal amendmen'ts, was 
adopted by the convention without a division, and submitted 
to the qualified voters as Question Four, as follows: 

Do you approve of empowering the legislature to impose 
taxes not only upon polls and estaites, but also upon other 
classes of property, including franchises and property when 
passing by will or inheritance; — as proposed in the amend- 
ment to the constitution? 



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238 MAINTJAL OF THE CONSTITUTION 

It was ratified by a vote of 20,917 to 10,306 and became a 
part of the constitution. 

V. Extending tthe jurisdiction of the police courts. 

Mr. Morris of Lisbon introduced a resolution extending the 
jurisdiction of police courts to all criminal causes in which 
the punishment is less than imprisonment in the state's 
prison. (J. p. 95.) This resolution was referred to the com- 
mittee on 'bhe legislative department, and by it recommended 
to the convention for adoption. Mr. Morris recalled the fact 
that the legislature had attempted, once in 1867, and again in 
1895, to extend the jurisdiction of the police courts, but such 
legislation had been declared unconstitutional by the supreme 
courts. (J. pp. 518-520, 675-677.) 

The resolution was adopted by the convention without a di- 
vision, and submitted to the qualified voters as Question Five, 
as follows: 

Do you approve of allowing the legislature to give police 
courts jurisdiction to try and determine, subject to the re- 
spondent's right of appeal and trial by jury, criminal cases 
wherein the punishment is less than imprisonmenlt in the 
state prison; — as proposed in the amendment to the constitu- 
tion? 

It was rejected by a vote of 19,736 to 11,289. 

VI. The proposal to strike out the words "evangelical" 
and "Proitestant" from Article 6, bill of rights. 

Four times since 1850, in 1851, 1852, 1877, and 1889 the 
people of New Hampshire had rejected amendments to the 
bill of rights, proposed by the several conventions with the 
object of removing any words that might seem to reflect un- 
favorably upon any religious sect or denomination. 

In the convenltion of 1902 several resolutions were intro- 
duced with this end in view, the most important of which 
were those offered by Mr. Baker of Bow, Mr. Niles of Con- 
cord, and Mr. Colby of Hanover. (J. pp. 38, 93, 238.) All 
of them were referred to the committee on the bill of rights 



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ma!nuaij op the ooNanTunoN 239 

and executive department, which reported in favor of substi- 
•tuting the word "Christian^' for "evangelical'' and of striking 
out the words "towns'' and "Protestant" wherever they 
appear in Article 6, bill of rights. (J. pp. 613 et seq,) This 
report was discussed at length, and attempts were made to 
strike out the word "Chrisltian," as objectionable to represen- 
tatives of the JewiEfh and dther eastern religions. 

The report was finally adopted without a division, and the 
proposed amendment was submitted *to the qualified voters as 
Question Six, as follows: 

Do you approve of amending *the bill of rights by striking 
out the word "evangelical'^ before the word "principles," and 
inserting the word "Christian," and striking out the word 
"Protestant" before the words "teachers of piety, religion and 
morality," and striking out fthe word "towns" in two places 
where the legislature is empowered to authorize "towns, par- 
ishes and religious societies" to support and maintain teachers 
of religion and morality, and striking out the words "and 
every denomination of Christians," and inserting the words 
"all religious sects and denominations" where equal protec- 
tion of the law is assured; — as proposed in the amendment to 
the constitution? 

It was rejected by a vote of 16,611 to 15,727. 

VII. Woman's Suffrage. 

This question was brought to •the attention of the members 
of the convention by a petiticm from the Woman's Suffrage 
Association of New Hampshire. On December 10 a hearing 
was given to this association in the hall of the House of Eep- 
resentatives, at which several advocates of woman's suffrage 
spoke. A resolution was introduced by Mr. Thompson of 
Warner on December 4 lo strike the word "male" from Article 
27, part two, of the constitution (J. p. 93), which was subse- 
quently considered at length in committee of the whole. Mr. 
Aldrich moved the following amendment in the nature of a 
substitute to^that resolution: 

"The legislature is authorized to submit to the people the 
question whether suffrage shall be conferred upon women. 



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240 MANUAL OF THE CONSTITUTION 

and whenever, upon such submission, two thirds of the legal 
voters and two thirds of the naitive bom and naturalized 
women of the state above twenty-one years of age shall have 
voted in the affirmative upon such question, then any subse- 
quent legislature may confer full suffrage upon women." 

Among those who took part in the ensuing discussion were 
Mr. Aldrich of li'ttleton, Mr. Thompson of Warner, Mr. 
Baker of Bow, Mr. Dudley, Mr. Lamprey "and Mr. Lyford of 
Concord, Mr. Kllsbury and Mr. Starr of Manchester, Mr. 
Emery of Portsmouth, Mr. Leach of Franklin, Mr. Jewett of 
Laoonia, and Mr. Woodbury of Bedford. 

The amendment proposed by Mr. Aldrich having been de- 
feated on a viva voce vote (J. p. 489-490), the resolution of Mr. 
Thompson finally was adopted in committee of the whole on 
December 11, by a vote of 143 ayes Ifco 94 nays. (J. p. 491- 
494.) A motion to reconsider was defealted on December 18 
by a vote of 177 ayes to 186 nays (J. pp. 695-709). This pro- 
posed amendment was submitted to the qualified voters in the 
form of Question Seven, as follows: 

Do you approve of striking out the word "male^^ before the 
word "inhabitant'^ in the clause which provides that every 
male inhaibitant twen'ty-one years of age (with certain excep- 
tions) shall have a right to vote; which clause is supplemented 
by the existing provision that every such person shall be con- 
sidered an inhabitant for the purpose of electing and being 
elected to office; — as proposed in the amendment tto the con- 
stitution? 

It was rejected by a vote of 13,089 to 21,788. 

VIII. The regulation of trusts, monopolies, and combina- 
tions in restraint of trade. 

Several resolutions giving the legisla^hire power to restrain 
so-called trusts were introduced, the most important by Mr. 
Chandler of Concord (J. p. 37, 239), and by Mr. Starr of Man- 
chester (J. p. 242). The former explained that, while he 
thought the legislature had the necessary power to restrain 
trusts, he thought it the duty of the convention, as coming 



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MANUAL OF THE CONSTITUTION 241 

directly from the people, to require the legisMure to take 
such action. (J. pp. 494-498.) Mr. Aldrich of Littleton, in 
an extended speech in the committee of the whole (J. pp. 
554-581), advocated the adoption of stringent measures for 
the regulation of all such combinations. 

After further discussion all the resolutions concerning 
trusts, on motion of Mr. Chandler of Concord, were referred 
to the committee on bill of rights and executive depart- 
ment, with instructions to report to the conven'tion a declara- 
tion upon that subject (J. p. 587-588). That committee sub- 
sequently reported as instructed in the form of a proposed 
amendment to the constitution. 

The convention passed this amendment by a vote of 313 to 
2, and submitted it to the qualified voters as Question Eight, 
as follows: (J. p. 717.) 

Do you approve of granting to the General Court all just 
powers possessed by the state to enact laws to prevent the 
operations within the state of all persons and associations, 
trusts and corporations who endeavor to raise the price of any 
article of commerce, or to destroy free and fair competition 
in the trades and industries through combination, conspiracy, 
monopoly, or any other unfair means; — as proposed in the 
amendment to the constitution? 

It was ratified by a vote of 23,732 to 8^659 and became a 
part; of the constitution. 

IX. Changing the basis of representation. 

The question of representation was given far more consid- 
eration by the members of this convention than any other 
subject, as is shown by the fact that its discussion in commit- 
tee of the whole occupies three hundred pages of the printed 
journal. More than twenty different resolutions were intro- 
duced, nearly all of them providing for some limit to the 
number of members of the House of Eepresentatives, which, 
though representing only about 411,000 people, had become, 
with one or two exceptions, the largest legislative body in the 
world. At that time it had 397 members, 245 mor6 than 



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242 MAINUAL OF THK CONSTITUTION 

Maine, 152 more than Vermont, 158 more than Massachu^ 
setts, 352 more than Rhode Island, 142 more than Conneeti- 
eut, 142 more than Pennsylvania, and 40 more than the Fed- 
eral House of Representatives. 

As in some of the more recent conventions, it was largely 
a contest between those favoring a district sy&tem and those 
favoring the present town system. Although the district plan 
was mosft ably presented by Mr. Lyford of Concord, and sup- 
ported by Mr. Chandler and Mr. Lamprey of Concord, Mr. 
Cross and Mr. Jones of Manchester, Mr. Busiel of Laconia, 
and others, it soon became apparent that there was an over- 
whelming sentiment in the convention in favor of the exist- 
ing town system. The committee of the whole divided 135 
in favor of the district system and 245 in favor of the town 
system (J. p. 447). Another plan, introduced by Mr. Wood- 
bury of Woodstock provided for a change from population to 
legal voters as a basis of representation, but this proposal re- 
ceived but little support. (J. pp. 33-34, 103-105.) 

Mr. Lyford of Concord on December 3 introduced the fol- 
lowing resoluition: 

Resolved that the constitution be so amended that the House 
of Representatives shall consist of three hundred members, 
which shall be apportioned by the legislature, at the first ses- 
sion after a United States census, to the several counties of the 
state equally, as nearly as may be, according to their popula- 
tion as ascertained at the next preceding United States census. 
The county commissioners in each county, — or, in lieu of the 
county commissioners in each dounty, such board of special 
commissioners in each county, to be elected by the people of 
the county, as may for that purpose be provided by law, — shall, 
on the first Tuesday of June next after each assignment of rep- 
resentatives to each county, assemble at a shire town of their 
respective counties, and proceed, as soon as may be, to divide 
the same into representative districts of contiguous territory, 
so as to apportion the Representatives assigned to each county 
equally, as nearly as may be, according to the relative popula- 
tion in the several districts of each county; and such districts 
shall be so formed that no town or ward shall be divided there- 
for. Districts may be formed for one or more Representatives 
as the contiguity of territory or the physical and social rela- 



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MANUAL OF THE CONSTITUTION 2^3 

tions of the towns or wards may warrant. The legislature 
at the next session after such division of the counties into 
representative districts may, upon appeal by a town or ward, 
examine the classification of that town or ward, and change the 
district lines of that county in a<;cordance with the provisions 
of this article if it shall appear that injustice has been done. 

In his argument on the following day in committee of the 
whole, Mr. Lyford brought out clearly the inequalities of 
the town system. (J. pp. 106-126.) 

On December 3 Mr. Barton of Newport presenlted the fol- 
lowing resolution, which w«fi constantly referred to in the 
convention as ithe "Barton" plan: 

Resolved that Part Second, Article 9, of the constitution, be 
amended by striking out the words "eighteen hundred" in the 
eighth line of said article, and inserting in place thereof the 
words "twenty-dix hundred," and by striking out the words 
•twelve hundred" in the tenth line of said section, and insert- 
ing in place thereof the words "two thousand," so that said sec- 
tion as amended shall read: 

"Art. 9. There shall be, in the legislature of this state, a 
representation of the people, biennially elected, and founded 
upon principles of equality; and, in order that such representa- 
tion may be as equal as circumstances will admit, every town 
or place entitled to town privileges, and wards of cities having 
six hundred inhabitants by the last general census of the state, 
taken by authority of the United States or of this state, may 
elect one Representative; if twenty-six hundred such inhabi- 
tants, may elect two Representatives; and so proceeding in that 
proportion, making two thousand such inhabitants the mean 
increasing number for any additional Representative; provided 
that no town shall be divided, or the boundaries of the wards 
of any city so altered as to increase the number of Representa- 
tives to which such town or city may be entitled by the next 
preceding census; and provided, further, that to those towns and 
cities which since the last census have been divided or had their 
boundaries or ward lines changed, the General Court in session 
next before these amendments shall take effect shall equitably 
apportion representation in such manner that the number shall 
not be greater than it would have been had no such division or 
alteration been made." 



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J 



244 MANUAIi OF THE OONSTITUTIOK 

Mr. Barton defended his plan on the following day in com- 
mittee of the whole. It will be noticed that this resolution 
proposed to retain the old basis of 600 inhabitants for the first 
Representative, but to raise the number for the second and 
each additional Representative from 1,200 to 2,000. Upon 
this basis the number of Represen'tatives under the census of 
1900 would have been 318. (J. pp. 126-129.) 

Other plans presented by Mr. Scott of Peterborough, Mr. 
Thompson of Warner, and others, while retaining the number 
600 for the first Representative, made various proposals re- 
specting the number that should be required for each addi- 
tional Representative. 

It soon became apparent that, while the members from the 
large towns and cities were willing 'to retain the ratio of in- 
equality established by the original constitution of 1784, they 
were fully resolved not to increase it. But as it appeared 
that on a basis of 600 inhabitants there were 69 towns not 
entitled to representation all the time, and that an increase of 
this base to 800 would add 42 more to the list, m<aking 111 in 
all, a strong opposition to any change of the first number de- 
veloped. 

Mr. Mitchell of Concord on December 8 introduced the fol- 
lowing resolution: 

Resolved that Articles 9 and 10 of Part Second of the constitu- 
tion be amended, as follows : (1) Limit the representation of 
the people in the House of Representatives to three hundred 
and one. (2) In the apportionment of this number among 
totvns and wards, adhere to the existing proportion between 
the number of inhabitants requisite for one, or the first, and 
the number required for the second, or any additional Repre- 
sentative, that is, the number of inhabitants required for a 
second, or any additional Representative, shall be three times 
the number required for one, or the first Representative, so that 
the mean increasing number for any additional Representative 
shall be twice the number required for one Representative. (3) 
Tovms and wards having four hundred inhabitants or more, but 
less than the number required for one, shall be authorized to 
elect a Representative such proportionate part of the time as 
the number of its inhabitants shall bear to the number required 



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MANUAL OF THE CONSTITUTION 245 

for one Representative. (4) Contiguous towns, or towns and 
wards, having, respectively, less than four hundred inhabitants, 
but whose inhabitants in the aggregate equal or exceed . the 
number necessary for one Representative, may, if each so de- 
cides by major vote, in meetings called for that purpose, be au- 
thorized to unite for the purpose of electing a Representative; 
and the votes of such united towns or wards shall be cast, re- 
turned, coun>ted and declared as votes for Senators are now 
cast, returned, counted and declared; and such towns as are 
not contiguous, or do not thus vote, shall be allotted representa- 
tion a proportionate part of the time, as the number of their 
inhabitants, respectively, bears to the number required for one 
Representative. (5) Following each general census of the 
United States, should the increase of population in the differ- 
e'nt towns and wards be so disproportionate as to require a re- 
apportionment of the three hundred and one members, in order 
to preserve the proportion and ratio here established, the leg- 
islature shall make such reapportionment of Representatives; 
but the same must be done by a strict adherence to the basis, 
proportion, and ratio here recognized. 

This plan had two features which the convention seemed to 
approve. First, it fixed the number of Eepresentaitives at 
about 300; and, second, it retained the ratio of inequality first 
adopted by the ^%thers" in 1784. But it was open to the ob- 
jection that the number required for the first representative 
would be about 800, and 'that this number must increase with 
the growth of the population of the state. 

The debate on these various proposals was protraoted, and 
shared in by a large number of delegates from all parts of the 
state. 

On December 11 the committee of the whole voted to 
recommend to the convention the town system, with 600 in- 
habitants for the first Eepresentative, and such a number for 
the second and each additional Representative as would pro- 
vide a House of Representatives of not less than 280 members 
nor more than 300 members. This recommendation was re- 
ferred to the committee on the legislative department. (J. 
pp. 447-458.) 

This committee on December 17 made a report to the con- 
vention, jecommending an amendment to the constitution 



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246 MANTJAL OF THE OQNBTirUTION 

making 800 inhabitants necessary for the first Representative, 
and 1,600 the necessary number for each additional Bepresen- 
tative. Twelve of the twenty members of the committee 
signed this report. (J. pp. 641-646.) 

The minority of the committee reported in favor of 600 
and 1,800 respectively. (J. pp. 646-650.) 

By a vote of 177 to 199 a motion to substitute the minority 
report for that of the majority was lost, and the majority re- 
port was adopted. (J. p. 746.) 

This proposed amendment was submitted to the qualified 
voters as Question Nine as follows: 

Do you approve of amending the provision as to representa- 
tion in the House of Eepres^ntatives by making 800 inhabi- 
tants necessary to fthe election of one Eepresentative, and 
2,400 inhabitants necessary for two Representatives, and 1,600 
necessary for each additional Representative; with the proviso 
that a town, ward, or place having less 'than 800 inhabitants 
may send a Representative a proportionate part of the time; 
or that such towns, wards, and places, when contiguous, may 
unite to elect a Representative if each town so decides by 
major vote; — as proposed in the amendment to the constitu- 
tion? 

It was rejected by as vote of 20,295 to 13,069. 

So much time had been consumed in the discussion of rep- 
resentation in the house that, when the committee on the 
legislative department reported adversely all resolutions to 
amend the articles of the congititution relating to the Senate, 
the convention adopted the report without debate. 

X. To provide for voting precincts. 

A resolution was introduced by Mr. Baker of Bow to give 
the legislature authority to establish more than one place 
of public meeting in each town or ward for 'the purpose of 
casting votes. (J. p. 33.) 

This proposed amendment met with almost no opposition 
in the convention, and was submitted to the qualified voters 
as Question Ten, as follows: 



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MANTJAL OF THE CX)N18TirUTiaN 247 

Do you approve of giving the legislature authori'ty to estab- 
lish more than one place of public meeting within the limits 
of each town or ward in the state for the casting of votes and 
the election of officers under the constitution, and for that 
purpose to divide any town or ward into voting precincts; — 
as proposed in the amendment to the constitution? 

It was rejected by a vote of 16,747 to 13,391. 

The text of the amendments voted upon, together with the 
result of the vote, is given on pages 247-254. 

On December 19 the convention resolved "that such of the 
proposed amendments as shall be approved by the requisite 
number of votes shall take effect and be in force at the times 
hereinafter mentioned, to wit: the amendment relative to 
represenltation in the House of Representatives at the date 
when the legislature in session at its adoption, or next in ses- 
sion thereafter, shall adjourn, and the other amendments 
when their adoption is proclaimed by the Governor." 

The convention, after having provided by resolution for 
its reassembling at the call of its President, or in case of his 
death, of the Governor of the state, should he deem it neces- 
sary, on December 19 adjourned sine die. The journal of its 
proceedings was published by order of the convention. 

AMENDMENTS TO THE CONSTITUTION PROPOSED IN 1902. 

AwEsny^HEJUT No. 1. 

Add at the end of article eleven of the bill of rig'hts the fol- 
lowing: 

But no person shall have the right to vote, or be eligible to 
office under the constitution of this state, who shall not be able 
to read the constitution in the English language, and to write; 
provided^ hotoever, that this provision shall not apply to any per- 
son prevented by a physical disability from complying with its 
requisitions, nor to any person who how has the right to vote, 
nor to any person who shall be sixty years of age or upwards 
on the first day of January, A. D. 1904. 

AMENDffldlENT NO. 2. 

Amend article 47, part second, of the constitution by adding 
to it the words "Provided that no person shall be so nominated 



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248 MANUAL OF THE OONBTirUTION 

and recommended until he shall have been examined and found 
duly qualified by an examining" board appointed by the gover- 
nor"; so that the said article 47 shall read as follows; 

Abt. 47. The captains and subalterns in the respective regi- 
ments shall be nominated and recommended by the field officers 
to the Governor, who is to issue their commissions immediately 
on receipt of such recommendation; provided that no person 
shall be so nominated and reconunended until he shall have 
been examined and found duly qualified by an examining board 
appointed by the Governor. 

AhEESMfiCEMr No. 3. 

Amend article 66, part second, of the constitution by striking 
out the words "and Commdssary-General" and inserting the 
words "and the" between the word "Secretary" and the word 
"Treasurer," 'SO that the said article 66 shall read as follows: 

Art. 66. The Secretary and the Treasurer shall be chosen by 
joint ballot of the Senators and Representaitives, assembled in 
one room. Rejected. 

AMEOXjyhEEaxrr No. 4. 

Amend article 6, part second, of the constitution so that it 
shall read: 

Akt. 6. The public charges of government, or any part there- 
of, may be raised by taxation upon polls, estates, and other 
classes of property, including franchises and property when 
passing by will or inheritance; and there shall be a valuation 
of the estates within the state taken anew once in every five 
years, at least, and as much oftener as the General Court shall 
order. 

Ameiq>me!Nt No. 5. 

Amend article 76, part second, of the constitution by the addi- 
tion of the following words: 

And the General Court are further empowered to give to police 
courts jurisdiction to try and determine, subject to the respon- 
dent's right of appeal and trial by jury, criminal causes wherein 
the punishment is less than imprisonment in the state prison; 
so that when amended said section shall read: 

Abt. 76. The General Court are empowered to give to jus- 
tices of the peace jurisdiction in civil causes when the damages 
demanded shall not 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 em- 



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MANXTAL OF THE CONSTirUTION 249 

powered to give to police courts jurisdiction to try and deter- 
mine, subject to the respondent's right of appeal and trial by 
jury, criminal causes wherein the punishment is less than im- 
prisonment in state prison. Rejected. 

AMgaSDMENT No. 6. 

Amend article 6 of the bill pf rights by striking therefrom 
the word "evangelical," and inserting the word "Christian" in 
place thereof, and by striking out the word "towns" from said 
section wherefer it appears, and by striking out the word 
"Protestant;" also by striking out the words "And every denom- 
ination of Christians" from the third clause of said article 6, 
and inserting the words "All religious sects and denominations" 
iu place thereof, so that the same as amended shall read: 

Abtt. 6. As morality and piety, rightly grounded on Christian 
principles, will give the best and greatest security to govern- 
ment, and will lay in the hearts of men the strongest obliga- 
tioxis to due 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 the people of this state have a right to empower, and 
do hereby fully empower the legislature to authorize, from 
time to time, the several parishes, bodies corporate, or religious 
societies within this state to make adequate provision, at their 
own expense, for the support and maintenance of public teach- 
ers of piety, religion, and morality. Provided, nottoithstandingy 
that the several parishes, bodies corporate, or religious societies 
sl^all 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 relig- 
ious sect or denomination shall ever be compelled to pay toward 
the support of the teacher or teachers of another persuasion, 
sect, or denomination. All religious sects and denominations, 
demeaning themselves quietly and as good subjects of the state, 
shall be equally under the protection of the law; and no subor- 
dination 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 min- 
istry, but all such contracts shall remain and be in the same 
state as if this constitution had not been made. Rejected. 

Ameni>¥ewt No. 7. 

The word "male" is hereby stricken out of article 27, part 
second, of the constitution. Rejected. 



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250 MANUAL OF THE OQN8TITUTION 

AMjuaiMeESJT No. 8. 

Article 82 of the constitution is amended by adding the follow- 
ing: 

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 cap- 
italization, and provision should be made for %he supervision 
and government thereof: 

Therefore, all just power po4ssessed by the state is hereby 
granted to the General Count to enact laws to prevent the oper- 
ations within the state of all persons and associations, and all 
trusts and corporations, foreign or domestic, and the oflBcers 
thereof, who endeavor to raise the price of any article of com- 
merce, or to destroy free and fair competition 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 proceeding* in respect to all 
the wrongs herein declared against. 

AfMXSNDIMiENrr No« 9. 

Amend articles 9 and 10 of part second of the constitution by 
striking out the word "six," and inserting instead thereof the 
word "eight*'; and by striking out the word "eighteen," and in- 
serting instead thereof the word "twenty-four"; and by strik- 
ing out the word "twelve," and inserting instead thereof the 
word "sixteen"; and 'by adding to section 10 the following: "Pro- 
vided that the legislature may authorize contiguous towns, or 
contiguous towns and wards, having, respectively, less than eight 
hundred inhabitants, but whose inhabitants in the aggregate 
equal or exceed eight hunJdred, to unite for the purpose of elect- 
ing a Bepresentative, if each town so decides by major vote at 
a meeting called for the purpose; and the votes of towns thus 
united shall be cast, counted, returned, and declared as the 
votes for Senators are cast, counted, returned, and declared; 
and the Governor shall, fourteen days before the first Wednes-r 
day of each biennial session of the legislature, issue his sum- 
mons to such persons as appear to be chosen Representatives, 
Jby a plurality of votes, to attend and take their seats on that 
day;" so that said sections, as amended, shall read as follows: 

Art. 9. There shall be, in the legislature of this state, a rep- 
resentation of the people, biennially elected, and founded upon 



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MANTTAL OP THE (X):NSTITUTI0N 251 

principles of equality; and, in order that such representation 
may be as equal as circumstances will admit, every town, or 
place entitled to town privileges, and wards of cities, having 
eight hundred inhabitants by the last general census of the 
state taken by authority of the United States or of this state, 
may elect one Representative; if twenty -four hundred such in- 
habitants, may elect two Representatives; and so proceeding in 
that proportion, making sixteen hundred such inhabitants the 
mean increasing number for any additional Representative : fn'o- 
vided that no town shall be divided, or the boundaries of the 
wards of any city so altered, as to increase the number of Rep- 
resentatives to Which such town or city may be entitled by the 
next preceding census; and provided, further , that, to those 
towns and cities which, since the last census, have been divided 
or had their boundaries or ward lines changed, the General 
Court in session next before these amendments shall take effect 
shall equitably apportion representation in such manner that 
the number shall not be greater than it would have been had 
no such division or alteration been made. 

Art. 10. Whenever any town, place, or city ward shall have 
less than eight hundred such inhabitants, the General Court 
shall authorize such town, place, or ward to elect and send to 
the General Court a Representative such proportionate part of 
the time in each period of ten years as the number of its in- 
habitants shall bear to eight hundred; but the General Court 
shall not authorize any such town, place, or ward to elect and 
send such Representative except as herein provided; provided 
that the legislature may authorize contiguous towns, or contigu- 
ous towns and wards, having, respectively, less than eight hun- 
dred inhabitants, but whose inhabitants in the aggregate equal 
or exceed eight hundred, to unite for the purpose of electing a 
Representative, if each town so decides by major vote at a 
meeting called for the purpose; and the votes of towns thus 
united shall be cast, counted, returned, and declared as the 
votes for Senators are cast, counted, returned, and declared; 
and the Governor shall, fourteen days before the first Wednes- 
day of each biennial session of the legislature, issue his sum- 
mons to such persons as appear to be chosen Representatives, 
by a plurality of votes, to attend and take their seats on that 
day. Rejected. 

AMENDMENrr No. 10. 

Add to the constitution the following: 

The legislature shall have full power and authority to establish 
more than one place of public meeting within the limits of any 



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25t2 MANUAL OF THE (X)N8TirDTI0N 

town or ward in the state for the casting, counting, declaring, 
and returning of votes, and the election of officers under the 
constitution; to prescribe the manner of warning, holding, and 
conducting such meetings; and for that purpose to divide any 
town or ward into voting precincts. Rejected. 

The convention, by resolution adopted December 19, 1902, 
submitted to the qualified voters of the state the foregoing 
proposed amendments in the form of the following questions: 

1. Do you approve of requiring every person, in order to be a 
voter or eligible to office, to be able to read the constitution in 
the English language and to write; the requirement not to ap- 
ply to any person who now has the right to vote, nor to any 
person who shall be sixty years of age or upwards on January 
1, 1904; — as proposed in the amendment to the constitution? * 

2. Do you approve of the requirement that captains and sub- 
alterns in the militia of the state shall, before their nomination 
and appointment, be examined and found duly qualified by an 
examining board appointed by the Governor; — as proposed in 
the amendment to the constitution? 

3. Do you approve of striking out the words "the Commis- 
sary-General" from the requirement that the Secretary of State 
and the State Treasurer, and the Commissary-General shall be 
chosen by the legislature; — as proposed in. the amendment to 
the constitution? 

4. Do you approve of empowering the legislature to impose 
taxes not only upon polls and estates, but also upon other 
classes of property, including franchises, and property when 
passing by will or inheritance; — as proposed in the amendment 
to the constitution? 

5. Do you approve of allowing the legislature to give police 
courts jurisdiction to try and determine, subject to the respon- 
dent's right of appeal and trial by jury, criminal cases wherein 
the punishment is less than imprisonment in the state prison; 
— as proposed in the amendment to the constitution? 

6. Do you approve of amending the bill of rights by striking 
out the word "evangelical" before the word "principles," and 
inserting the word **Christian" ; and striking out the word "Pro- 
testant" before the words "teachers of piety, religion and mo- 
rality"; and striking out the word "towns" in two places where 
the le-gislature is empowered to authorize "towns, parishes and 
religious societies" to support and maintain teachers of religion 
and morality; and striking out the words "and every denomina- 
tion of Christians," and inserting the words "all religious sects 



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MAKTITAL OF THE (XWOTITOTION 258 

and denominations," where equal protection of the law is as- 
sured;— as proposed in the amendment to the constitution? 

7. Do you approve of striking out the word "male" before 
the word "inhabitant" in the clause which provides that every 
male inhabitant twenty-one years of age (with certain excep- 
tions) shall have a right to vote; which clause is supplemented 
by the existing provision that every such person shall be con- 
sidered an inhabitant for the purpose of electing and being 
elected to office; — as proposed in the amendment to the consti- 
tution? 

8. Do you approve of granting to the General Court all just 
powers possessed by the state to enact laws to prevent the oper- 
ations within the state of all persons and associations, trusts 
and corporations, who endeavor to raise the price of any article 
of commerce or to destroy free and fair competition in the 
trades and industries through combination, conspiracy, monop- 
oly, or any o'ther unfair means; — as proposed in the amendment 
to the constitution? 

9. Do you approve of amending the provision as to representa- 
tion in the House of Representatives by making 800 Inhabitants 
necessary to the election of one Representative, and 2,400 inhab- 
itants necessary for two Representatives, and 1,600 necessary 
for each additional Representative, with the proviso that a town, 
ward, or place having less than 800 inhabitants may send a 
Representative a proportionate part of the time; or that such 
towns, wards, and places, when contiguous, may unite to elect a 
Representative if each town so decides by major vote; — as pro- 
posed in the amendment to the constitution? 

10. Do you approve of giving the legislature authority to es- 
tablish more than one place of public meeting within the limits 
of each town or ward in the state for the casting of votes and 
the election of officers under the constitution, and for that pur- 
pose to divide any town or ward into voting precincts; — as 
proposed in the amendment 4:0 the constitution? 



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?54 



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MANUAL OP THE OONSTITUTION 255 



PROCLAMATION. 



STATE OF NEW HAMPSHIRE. 

Executive Department, 

CoNOOBD, March 26, 1903. 
Be it known, that I, Nahuni J. Bachelder, Governor of the 
state of New Hampshire, in obedience to the request of the 
constitutional convention of said state bolden in December, 

1902, do hereby proclaim to the people of this state that the 
constitution of the state is amended as provided for in the 
first, second, fourth, and eighth propositions or questions sub- 
mitted by said constitultional convention to the qualified 
voters of the state at meetings held in the several towns, city 
wards, and places in this state on the second Ttiesday of 
March, 1903. 

All the alterations and amendments in said constitution 
covered by said several propositions or questions have been 
adopted, and the constitution is thus amended by the suf- 
frages of more than two thirds of the legal voters present 
at said meetings, and voting upon said questions. 

I further proclaim to the people of this state that the con- 
sltitution of the state is not amended as provided for in the 
third, fifth, sixth, seventh, ninth, and tenth propositions or 
questions submitted by said convention to the qualified voters 
of the ^tate at meetings held in the several towns, city wards, 
and places in this state on the second Tuesday of March, 

1903, as neither of these last-mentioned propositions or ques- 
tions, nor the amendments in the constitution covered by the 
same, were adopted by the suffrages of 'two thirds of the legal 



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256 MANUAL OF THE CONSTITTJTION 

voters presen't at said meetings, and voting npon said ques- 
tions. 

Given under my hand and the seal of said state 
at the Council chamber this twenty-sixth day 
[seal.] of March, A. D. 1903, and of the indepen- 
dence of the United States of America the one 
hundred and twenty-seventh. 

NAHTJM J. BACHELDEE. 
By the Governor, 
Edwakd N. Pearson, Secretary of State. 

Constitution unchanged since 1902, — ^By act approved 
March 10, 1909, the legislature provided for taking the sense 
of the people on calling a convention to revise the constitu- 
tion at the biennial election on the Tuesday following the firsu 
Monday in November, 1910. A majority of the qualified 
voters at that election favoring the summoning of such a con- 
vention, the legislature, by act approved April 15, 1911, pro- 
vided for the election of delegates thereto on the second Tues- 
d'ay of March, 1912, and its assembling at Concard on the 
first Wednesday of June. 

These adts of the legislature, and the vote in the several 
towns, wards, and unincorporated places of the state upon 
calling a convention are printed in the appendix. 



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THE BASIS OF EEPRESENTATION IN NEW HAMP- 
SHIRE PREYIOUS TO THE ADOPTION OF THE 
CONSTITUTION OF 1784. 

The people of New Hampshire first appear as participants 
in a representative legislative body in 1641, when, in response 
to an order from the General Court of the colony of Massa- 
chusetts, the town of Hampton sent one deputy to the General 
Court at Boston. Strawberry Bank, or Portsmouth, was ad- 
mitted to a similar privilege in 1642, arid Dover in 1643. 
From this time until 1679, when the jurisdiction of Massachu- 
setts over New Hampshire terminated, each of these towns 
was represented, sometimes by one deputy and sometimes by 
two, in the General Court of Massachusetts. 

September 18, 1679, New Hampshire entered upon a sep- 
arate political existence by the commission of its first inde- 
pendent chief magistrate, John Cutt, a merchant of 
Portsmouth, as President. With him were associated nine 
Councillors. This commission provided that within three 
months after taking oath of office the President and Council 
should "... issue forth Sum'ons under Seal by Us 
appointed to be used in the nature of writs for the calling of a 
Generall Assembly of the said Prov: using & observing there 
such rules and methods (as to the persons who are to Chuse 
their deputies, & the time and place of meeting) as they shall 
judg most convenient." An examination of such commissions 
of later Governors as have been published does not reveal any 
essential modification of these directions for convening a Gen- 
eral Assembly. 

In pursuance of the foregoing instructions the first Assem- 
bly was convened at Portsmouth March 16, 1680. It con- 
sisted of eleven members, three each from Portsmouth, Dover, 
and Hampton, and two from Exeter. The aforesaid towns at 

267 



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258 MAJNUAL OF THE CONSTITUTION 

this time had respectively 71, 61, 57, and 20 inhabitants quali- 
fied to vote, so that the original basis of representation was 
about one member to twenty voters. 

This first Assembly passed the following act, which was ap- 
proved by the Governor and Council: 

"It is enacted by this assembly and the authoritv thereof, 
y* y® severall constables in each town of y® province doe wnme 
and call together the free men of theire respective townes, on 
y® first Monday in february, annually, and from among them- 
selves to make their election of Deputies for y® Gen" Assem- 
bly, who are to meet at Portsm® on y® fijst Tuesday of March, 
by 10 of y® Clock in y® forenoon, and y® number of Deputies 
for each towne to be as followeth, viz*: 3 for y® towne of 
Ports",' 3 for y® towne of Hampton, 3 for y® towne of Dover, 
and 2 for y® towne of Exeter, whose names, after their elec- 
tion and acceptance, y® severall Consa^ shall make return of 
to y® Assembly, as above under theiiT 'hands . . /' 

This Assembly at the same time defined "freemen" by the 
following act: 

"It is ordered by this Assembly and the authority thereof, 
y* all Englishmen, being Protestants, y* .are settled Inhab- 
itants and freeholders in any towne of this Province, of y® age 
of 24 years, not viceous in life but of honest and good conver- 
sation, and such as have 20^ Rateable estate w**^out heads of 
persons having also taken the oath of allegiance to his Maj*, 
and no others shall be admitted to y® liberty of being freemen 
of this Province, and to give theire votes for the choice of 
Deputies for the Generall Assembly, Constables, Selectmen, 
Jurors andl other officers and concemes in y® townes where 
they dwell; provided this order give no liberty to any ^son or 
^sons to vote in the dispossion or distribution of any lands, 
timber or other properties in y® Towne, but such as have reall 
right thereto; and if any difference arise about s^ right of vot- 
ing, it shall be judged and determined by y® Presid* and 
Councill w*^ the Gen" Assembly of this Province." 

On the fourteenth of November, 1682, these qualifications 
were so modified 

"That all persons, setled inhabitants & freeholders in any 
Town of this Province of Twenty one years, and no other. 



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JiAirUAL OF THE OONSTITUTION 259 

Shall haye liberty of giving their votes for the choice of As- 
semblymen, Jurors, Trustees or Overseers for the respective 
Towns, Constables, or other necessary Town officers, or in any 
Town concerns. Nor shall any be chosen Assemblymen, 
Jurors, or Trustees &c. for the Towns, but such. And fur- 
ther, No person shall be deemed a freeholder, but such as hath 
a ratable estate of 15^ according to valuation as stated by 
law.^^ 

The foregoing enactment remained in force nearly seven- 
teen years, when, on the seventh of August, 1699, the qualifi- 
cations were again revised in the following manner: ^ 

"And be it further enacted by the authority afore said, 
That no person Inhabiting within this Province, other than 
Freeholders of the value or income of Forty Shillings per 
Annum, or upwards in Land, or worth Fifty Pounds Sterling 
at the least, in personal Estate, shall have any vote in the 
Election of Representa'tives, or be capable of being elected, to 
Serve in the General Assembly; and the Tryal of such Quali- 
fications as aforesaid shall be by the last Lists of Rates and 
assessments, which the Selectmen of each respective Town are 
hereby required to bring with them for that end, upon all 
days, and times appointed for such Elections/* 

From the passage of the act of 1680, which assigned rep- 
resentation to the four original towns, until 1698, no list has 
been found which gives the Representatives, together with, 
their respective towns; but it appears from the Journals of 
the Council and Assembly that as early as 1693 the Assembly 
had increased from eleven to thirteen, one member having 
been returned from the "Isle of Shols." The other probably 
appeared! foir Newcastle, or Great Island. In 1698, however, 
it is certain that, in addition to the eleven Representatives 
from the four original towns, Newcastle returned two. 

From this time forward the growth of the Assembly is most 
clearly indicated by the following table compiled from the 
Province Papers, dates after 1698 indicating when towns are 
definitely known first to have sent Representatives: 



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260 



MANUAL OF THE OOKfiTITUTION 



1698. 



1715. 

1716. 
1727. 
1732. 

1739. 
1752. 



1756. 
1762. 



1768. 



Hampton .... 

Dover ..... 
Portsmouth .... 

Exeter 

Newcastle .... 

Kingston 

Newington .... 

Stratham . . . . 

Londonderry . . . 
Greenland .... 

Durham 

Newmarket .... 
South Hampton 
Plaistaw and Hampstead 
Salem and Pelham . 
Dunstable and Merrimack 
Chester ..... 
Somersworth .... 
Nottingham West and Litchfield 
Amherst and Bedford 
Kensington .... 
Harrington .... 
Rochester .... 

Keene 

Winchester .... 
Charlestown .... 



3 Representatives. 



Representative. 



Several minor changes in representation which do not lend 
themselves readily to tabulation should also be noted. In 
1762 Dunstable and Merrimack, which formerly had been 
grouped together with one Representative, were sepamted 
and regrouped, Dunstable with Hollis, and Merrimack with 
Monson. Each of these new groups was allowed one Repre- 
sentative, which added one to the total. In 1722 Hampton 
Falls, which was set of! from Hampton in 1712, was assigned 
one member, and the latter town, which previously had sent 
three, was reduced to two. A similar readjustment occurred 
again in 1727, when Rye, which was incorporated in 1726, 
was allowed a Representative, and Newcastle, £rom which it 
was taken, was reduced from two to one. These two last 
mentioned changes did not affect the total representation, nor 
did the grouping of Atkinson with Plaistow and Hampstead 



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MANUAL OF THE CSONSTITUTION 261 

in 1770. Dover returned only one Representative for each 
triennial term of the Assembly from 1755 until 1762, but sent 
two in the latter year, and thereafter until the first Provincial 
Congress. 

In 1727 the term of service of Representatives was limited 
to three years. Previous to that date the term had been 
indefinite, and Assemblies conltinued in existence until dis- 
solved by the Governor, when a new election was ordered. 

A list of ratable polls prepared for the General Assembly in 
1768 shows that, in the case of the four original towns repre- 
sented, while the proportion of polls to population had greatly 
increased, the apportionment had become extremely irregular. 
Portsmouth had increased from 71 polls in 1679 to 910 in 
1768; Dover, from 61 to 384; Hampton, from 57 to 199; and 
Exeter, from 20 to 390. But each of these towns, during the 
entire period from 1680 to the first Provincial Congress in 

1774, was represented by the same number of deputies pro- 
vided by the act of 1680, except Dover during the period 
1755-1774, as previously described. 

During the period from 1698 to 1774, however, it is to be 
noticed that each town or group of towns, when admitted 
to representation, whatever its population, was allowed only 
one deputy, and was given no more till the end of the period. 

The last session of the provincial General Assembly, whose 
basis of representation from its beginning in 1680 has now 
been traced, was a-djoumed by Gov* John Wentworth July 15, 

1775, by message from Fort William and Mary, whither he 
had withdrawn at the opening of the revolutionary conflict. 
For some time, however, the necessity of some stable form of 
government during the impending struggle had been clearly 
foreseen, and, in spite of Governor Wentworth's protests of 
illegality, the Assembly, as early as the 28th of May, 1774, 
had taken measures through a committee to provide for a rep- 
resentative governing body. 

As an immediate result of this action, on July 6, 1774, a 
call was issued to the "several towns and parishes" to send 
deputies to Exeter upon the 2^ of July; and in accordance 



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262 MANUAL OF THE OONSTITUTION 

with this call eighty-five delegates appeared on the appointed 
day. The journals of this body, known as the First Provin- 
cial Congress, were not preserved', but an account of the pro- 
ceedings was published in the New Hampshire Gazette of July 
29, 1774. The membership, as far as it is known, has been 
compiled from town records* Portsmouth sent seven, Dover 
and Exeter each five, Hampton four, Kingston three, Chester, 
Durham, East Kingston, Epping, Greenland, Lee, Rye, Som- 
ersworth and Stratham each two, and! twenty-two other towns 
are known to have sent one each. Of the remaining twenty- 
one members no record can be found. 

A Second Provincial Congress met at Exeter January 25, 
1775, with 144 delegates in attendance, though from town 
records a list of only 121 can be compiled. 

A Third Provincial Congress met April 21, 1775, in the 
same town, with a membership of 109. According to the 
journal of thiis Congress the number of Representatives was 
considered inadequate properly to express the mind of the 
people on the important question of raising an army. 

Pausing here to examine again the basis of representation, 
we discover that for the first three Provincial Congresses 
there was no attempt ait equal apportionment. Dover, with a 
population of 1665, sent five delegates to the First Congress, 
while Rochester, with 1,548 inhabitants, was represented by 
only one. To the Second Congress, Dunstable, with a popula- 
tion of 705, sent three delegates, and Durhain, with a popula- 
tion of 1,214, was represented by only two. Exeter sent five 
to the Third Congress to represent 1,741 inhabitants, while 
Londonderry returned but one member for a population of 
1,290. Such examples might be multiplied. 

The Fourth Provincial Congress met at Exeter May 17, 
1775, with a membership of 151. On November 4, toward 
the end of a long session, it was 

"Voted, That the Delegates or Representatives to be chosen 
to represent this Colony in Future shall be chosen by the 
voices or Votes of the Electors and not by the value of their 

Estates. 



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MANUAL OF THE OONSTITXJTION 



263 



"That every Elector for Representatives in this Colony be 
Possessed of a Freehold or real Estate to the value of Twenty 
Pounds Lawf^ money in such Town or place where the Elec- 
tion shall be. 

"That every Person so elected &hall be worth Three hun- 
dred Pounds L^ money in real Estate in this Colony; the 
Election to be adjudged of by the Selectmen & the moderator 
of the meeting, saving an Appeal to the Congress or House of 
Representatives. 

"That every Town, Parish, or Precinct in this Colony con- 
taining one hundred Freeholders as aforesaid may send one 
Delegate or Representative to the Congress or General Assem- 
bly; and that Every such Town, Parish, or Precinct having a 
greater number of Freeholders, may send a member for every 
hundred sudh Freeholders. 

"That Precepts be sent to every Town, Parish, or Precinct 
in this Colony, Directing them to Elect a member & send to 
the Congress to be holden at Exeter in said Colony on the 
.... day of ... . next, if such Town, Parish, or Pre- 
cinot contain one hundred such Freeholders, and if not, then 
to couple with one or more other such Towns or Parishes 
untill they make up that number of such Freeholders." 

Ten days later, on Noyember 14, it was voted: 

"That every Legal Inhabitant paying Taxes shall be it voter. 

"That every Person Elected shall have a Real Estate in 
this Colony of the value of Two hundred Pounds lawful . 
money. 

"That no person shall be allowed a seat in Congress who by 
themselves, or any Person at their Desire Treat With Liquor 
&c any Electors on that Account. 

"That the Towns, Parishes, & Places in this Colony be rep- 
resented as Follows, viz. 



Portsmouth, 


Three 


Chester, 


Two 


Hampton, 


one 


Candia, 


one 


North Hampton, 


one 


♦Raymond & 1 


one 


Exeter, 


Two 


Poplin, J 




Londonderry, 


Two 


Brentwood, 


one 


New Castle, 


one 


♦Hampton Falls & 


one 


Rye, 


one 


Seabrook, 




♦Kingston & 1 




Nottingham, 


one 


East Kingston, J 


one 


♦Deerfield & "1 
Northwood, J 


otie 



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264 

Sandown & 

♦Hawke, 
Gireenland, 
Newington, 
Stratham, 
New Market, 
Southampton 
Newtown, 
Kensington, 

♦Plaistow & 
Atkinson, 
Hampstead, 
Salem, 
pelham. 



KANXTAL OF THE CONSTITUTION 



} 



n 



} 



Dover, 

iMadbury, 

Durham, 

Lee, 

Somersworth, 

Barrington, 
*Gilmanton & 

Barnstead, 
♦Sanbomton & 

Meredith, 

Kochester, 



} 



} 



Amherst, 

Litchfield & 
♦Nottingham W 

Dunstable, 

HoUis, 
♦Merrimack 

Bedford, 

Derryfield & 
♦Goffstown, 

Weare, 

Hopkinton, 

Henneker, 
♦Dearing, 

Hillsborough 

Society Land, 

Francestown & 
♦New Boston, 



} 



} 



one 

one 
one 
one 
one 

one 

one 

one 

one 
one 
one 

Two 
one 
one 
one 
one 
one 

one 

one 
one 

Two 
one 

one 
one 



one 

one 
one 



& 



♦Canterbury 
Loudon, 

♦Epsom &' 
Allenstown, 
Chichester 
Pembroke, 
Windham, 

Bow & 
♦bunbarton 
Concord, 
Epping, 



n 



.} 



In Hockingham, 

Leavittstown, ^ 
♦Wakefield & 

Middleton, 
♦New Durham, 

the Gore & 

Wolfeborough, 
♦MoQltonborough, 

Sandwich & 

Tamworth, 

In Strafford, 



} 



New Ipswich, 
♦Boscawen & 
Salisbury, 

Temple & 
♦Peterborough 
♦Wilton & 
Lyndeborough, 
Mile strip & 
Duxbury Farm, 
♦Mason 
Raby, 

New Breton, 1 
♦Warner, 
j>orrygtown & 
Fishersfield, 

In Hillsborough, 



on & 1 

y' J 



one 



one 
one 



one 



one 
one 



38 



one 

13 

one 
one 



one 



one 



17 



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HANTJAL OF THE COmiTITDTION 



265 



' Slip, J 



•Eindge, 

Jaffrey & 

Peterboro' 
♦Dublin & 

Mjpnadnock No. 

Packersfield/ 
♦Stoddard, 

Washington, 

Gilsom, 

Marlow, 

Surry & 

Alstead» 

Hinsdal<e & 
♦Chesterfield, 

Winchester, 

Richmond, 

Swanzey 

Fitzwilliam 



J 



liam, J 



New Chester, 
♦Plymouth, 

Cockermouth, 

Alexandria, 

Rumney, 

Holderness, 
♦Campton, & 

Thornton, 

Lebanon, 
♦Hanover, 

Relhan, 

Canaan, 

Cardigan & 

Grafton, 

Lyme, 
♦Orford, 

Dorchester, 

Wentworth, 

Piermont & 

Warren, 

Rockingham, 

Strafford, 

Hillsborough, 



one 



38 
13 
17 





Keene, 




one 


Westmoreland, 




Walpole, 


one 


Charlestown, 




♦Cornish, 




Plainfield, 




Protectworth & 


one 


Grantham, 




CJaremont, 




♦Unity, ^ 




one 


Acworth, 
Lempster, 




one 


SaviUe, 
Croydon & 




one 


Newport, 




one 




one 


In Cheshire, 




♦Haverhill, -i 






Bath, 




one 


Lyman, 
Gunthwaite, 
Landaff & 
'Morristown, , 




one 


Apthorp, 




♦Lancaster, 




Northumberland, 




Stratford, 




Cockbum, 


one 


Conway, 




Shelburne, 




and the Towns 




above, 





one 
one 
one 
one 



one 



one 



15 



one 



Cheshire, 
Grafton, 

Total, -> 



15 
6 

89 



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266 MANUAL OF THE OONBTITDTTON 

"That Precepts signed by the President of this Congress, Be 
sent to the Selectmen of each Town Named in this List singly 
to be represented, to Elect & choose a Person to Kepresent 
them in Congress to Meet at Exeter on the Twenty-first day of 
December next; also to the Town or Parish marked* where 
Towns or Parishes are classed together. To Notify the several 
Towns or Parishes in their respective Classes to meet at the 
most convenient Place in thier Town or Parish to accommo- 
date the whole Electors, To choose some Qualified to Repre- 
sent them as aforesaid: and all Selectmen are directed to give 
the Electors fifteen days Notice of the time and occasion of 
meeting. Said Members when met to set in Congress as often 
and so long as they shall judge requisite for Acting the Pub- 
lick Business of this Colony: And to be Impoweted by their 
constituents to Prosecute such measures as they may deem 
Necessary for the Publick good During the Term of one year 
from their first meeting, Unless they shall see fit to Dissolve 
themselves sooner. 

"And in case there should be a recommendation from the 
Continental Congress for this Colony to Assume Crovernment 
in any way that will require a house of Representatives, That 
the said Congress for this Colony be Impowered to Resolve 
themselves into such a House as may be recommended, and 
to remain such for the aforesaid Term of one year/^ 

In addition to equalizing the apportionment of representa- 
tion the effect of the enactments of the fourth Congress was 
greatly to reduce the membership of succeeding bodies, an 
-effect which becomes at once evident in the comparatively 
small numbers of the next Congress, of which the roll shows 
but seventy-five. 

This, thie fifth Congress, met December 21, 1775, pursuant 
to precepts issued by the preceding body. On January 5, 
1776, in accordance with a recommendation of the Conti- 
nental Congress dated November 3, 1775, it was voted: "That 
this Congress take up Civil Government"; also "That this 
Congress Assume the Name, Power, & Authority of a House 
of Representatives or Assembly for the Colony of New Hamp- 
shire"; and that precepts should be issued' for an annual elec- 
tion as they should thereafter prescribe. 



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MANUAL OF THE CX)NlSTirDTtON. 267 

In accordance with this provision, the House of Eepresenta- 
tives voted on the eighteenth of Septemher, 1776, 

"That Precepts signed by the President of the Council And 
Speaker of the House of Eepresentatives, Issue to the Same 
Towns, Parishes and Places in this State for the choice of a 
New House of Eepresentatives (as issued for the same number 
of Representatives for the present House) to meet at Exeter 
on the third Wednesday in December next & to continue for 
one year. . . ." 

The act of November 14, 1775, passed by the fourth Pro- 
vincial Congress, which had temporarily determined the basis 
of representation, appears to have remained in force through- 
out the remainder of the period until the constitution adopted 
in 1783 went into effect on June 2, 1784. The number of 
Representatives varied slightly from time to time, on account 
of occasional revisions in the grouping of the less populous 
towns, but no radical changes were made until New Hamp- 
shire emerged from her political vicissitud-es a full fledged 
state. 



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THE BASIS OF REPEESENTATION IN THE HOUSE OF 
REPRESENTATIYES IN NEW HAMPSHIEE SINCE 1784 



Under the constitution of 1784 everytown, parish, or place 
entitled to town privileges, having 150 ratable polls, was en- 
titled to send one Eepresentaitive to the General Court; and 
300 was made the mean increasing number of ratable polls 
to entitle a town, parish, place, etc., to an additional Eepre- 
sentative/ It is of interest to note that this basis and ratio 
remained fixed for more than ninety years, or until changed 
by the convention of 1876. 

And even then allowing four inhabitants for each ratable 
poll, the change of base from ratable polls to population did 
not change the ratio. Thus the only changes made in the 
constitution of 1784 materially affecting representation have 
been those relating to the smaller towns. 

Convention of 1791-92. The first House of Eepresentatives 
elected under the cons-titution of 1784 contained only ninety- 
one members; and up to September 7, 1791, when the first 
convention for revising that constitution assembled, the larg- 
est number had been ninety-four. 

In that convention, however, because of the growth of the 
population of the state, the fear was commonly expressed 
that the House of Representativee would soon become too 
large; and two plans for reducing the number of Representa- 
tives were laid before the convention, as follows: 

1. It was proposed to change the number of ratable polls 
required for a Representative from 150 to 200.* This propo- 
sition was rejected, 31 yeas and 70 nays. 

^ The Constitution of MasBachusetts of 1780 established the same basis, 160 
raitable polls for the first repreeentative, but made 225 the mean increasing 
number for an additional representative. 

' ProYinoe and State Papers, vol. X. p. 44. 

268 



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MANUAL OF THE OONSTITTJTION 269 

2. Mr. Plumer of Epping proposed to limit the number of 
Representatives to sixty, and to divide the state into districts 
for their election. This proposal was rejected, yeas, 22; 
nays, 73/ 

On September 16 a committee on alterations and amend- 
ments was appointed to take into consideration the constitu- 
tion with the several resolutions and proposed amendments, 
and report at the next session, and the convention then ad- 
journed to February 8, 1792. 

At the adjourned session this committee reported in favor 
of the following clause, to be added to the constitution of 
1784: 

"Provided, nevertheless, that whenever the number of 
members of the House of Representatives shall exceed llO, it 
shall be the duty of the legislature to make such arrangement 
as that the members shall not exceed at any time that num- 
ber, nor shall the towns and districts entitled to send Repre- 
sen'tatives at any time be less than 80."' 

Under date of February 21, 1792, is the following record: 

"Proceeded to the consideration of the several articles or 
paragraphs (of the proposed draft of a revised constitution) 
under the head House of Representatives. 

"On the first paragraph much debate ensued, and motion 
was made to strike out the words ^three hundred,^ and insert 
^two hundred twenty-five' as the mean increasing number, to 
determine which the yeas and nays were called and were as 
follows: 

"19 yeas, 79 nays. So the motion wa^ lost, and no altera- 
tion was made to said article. 

"The next paragraph, contained in a proviso to prevent the 
number of Representatives being more than 110 at any one 
time hereafter, &c., was rejected.'^ 

Thus the House of Representatives, as constituted^ under 
the constitution of 1784, remained unchanged. 

^ Province and State Papers, vol. X, pp. 48, 49. 

^ Province and State Papers, vol. X, p. 67. 

» Province and State Papers, vol. X, pp. 107, 108. 



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J 



270 MANUAL OF THE CONSTITUTION 

Covweniion of 1860-51 . In the next convention called to 
revise the constitution of the state, which met in Concord, 
November 6, 1850, the basis and ratio of representation was 
one of the chief subjects of discussion. The population of 
the state, which in 1786 (the state census for that year was 
the first taken under the constitution) had been 95,801, had 
now grown to 317,976; and the membership of the House of 
Kepresentatives had increased from ninety-one to two hun- 
dred eighty-eight. It was generally recognized that so large 
a body was unwieldy, and incapable of legislating to the best 
advantage, and that it imposed an unnecessary burden upon 
the taxpayers. Many plans for reducing the number of mem- 
bers of the House of Representatives were presented. Those 
most favored in the early stages of dlebate were the four 
following: 

I. On Novem'ber 13 Mr. Hoit of Exeter moved to strike 
out the whole of the ninth, tenth, and eleventh articles of the 
constitution, and insert the following: 

"House of Eepresentatives. — The House of Representatives 
shall consist of not less than 200 nor more than 250 members, 
chosen annually by the cities, towns, and parishes entitled to 
town privileges according to population as shown decennially 
by the national census. The population of the state shall be 
divided by 250, and the number of times the resulting quo- 
tient is contained in each town or city will show the number 
of Repres€fntatives to which each city or town shall be entitled. 
Provided, however, that in respect to those toavns, and those 
towns only, which by this process could not be represented in 
the legislature, a fraction of one-half or more shall be enti- 
tled to one Representative. Provided, moreover, that each 
town, however small in population, shall be allowed one Rep- 
resentative w^henever a new apportionment of the state tax 
is made by the legislature.'^' 

II. On November 15 Mr. Hayes of Madbury offered in the 
convention the following resolution, which was referred to the 
committee of the whole: 

1 The "Daily Patriot," November 14, 1850. 



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MANUAL OF THE CONSTITUTION 271 

"Besolved that every town or place in this sitate entitled 
to town privileges shall be entitled to elect at least one Eepre- 
sentative; that every such town or place having 700 legal vot- 
ers ^hall ibe entitled to elect two Representatives ; every such 
town or place having 1,500 legal voters shall be entitled to 
elect three Repiesenftaitives; every such town or place having 
2,500 legal voters shall be entitled to elect four Representa- 
tives ; every such town' or place having 5,000 legal voters shall 
be entitled to elect five Representatives; and no town or place 
shall elect more than five."^ 

III. On November 15, in the committee of the .whole, 
Mr. Lane of Gilford moved an amendment as a substitute 
for that under consideration offered by Mr. Hoit, as follows: 

^^Resolved that in fixing the basis of representation it is 
expedient that the same be so arranged that every town, par- 
ish, or ward, or place entitled to town privileges, having 150 
ratable polls of twenty-one years of age and upwards, may 
elect one Eepresentative; if 750 ratable polls, may elect two 
Representatives; and so proceeding, making 1,000 ratable polls, 
the number required for each additional Representative after 
the second! Such towns, parishes, wards, or places as have 
less than 150 ratable polls, may elect a representative such 
portion of the time as the aggregate number of their ratable 
polls shall bear to the number of 150/'^ 

IV\. On December 12, after the committee of the whole 
had made their report to the convention, Mr. Plumer of Ep- 
ping offered the following resolution: 

^^Resolved that a committee of 'thirty-six members be- 
raised, to whom shall be referred the subject of dividing the 
state into thirty-six senatorial districts to be made by this 
convention, and of providing that there shall be six Represen- 
tatives chosen from each senatorial district, the Representa- 
tives so chosen to be elected separately by the several towns, 
cities, or wards in said district according to the number of 
their ratable polls, or in such other equitable mode as shall 
be provided by the legislature, having regard as near as may 
be to town representation, no alteration to be made in such 
senfitorial districts of tener than once in ten years, or the tak- 
ing of a census by the United States, and then only by a vote 
of two-thirds of both houses of the legislature."' 

1 The "Daily Patriot," November 16, 1850. 
» The "Daily Patriot," December 13, 1850. 



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272 MANUAL OF THE OONSTITXmON 

These dijBEerent proposals, for which various substitutes and 
amendments were offered, were discussed in the committee of 
the whole for four weeks. 

On Decemher 10 the chairman of the committee of the 
whole reported to the convention Mr. Lane's plan with 
amendments, as follows: 

"Eesolved that in fixing the basis of representation it is 
expedient that the same be so arranged that every town, par- 
ish, ward, pr place entitled to town privileges, having 150 
ratable polls of twenty-one years of age and upwards, may 
elect one Representative; if 750 ratable polls, may elect two 
Eepresenta/fcives; if 1,550 ratable polls, may elect three Eepre- 
sentatives; if 2,550 ratable polls, may elect four Representa- 
tives; and so proceeding, making 1,000 ratable polls required 
for each additional Representattive after the third. 

"Such towns, parishes, wards, or places as have less than 
150 ratable polls may elect a Representative such portion of 
the time as the aggregate number of their ratable-polls shall 
bear to the number of 150, provided that such towns or places 
as shall not have 150 ratable polls, audi shall be conveniently 
located for that object, may, on application to the legislature, 
be classed for the choice of a Representative, such classed 
towns not to contain less than 150 ratable polls in each Rep- 
resentative district so formed."' 

On December 12 Governor Steele of Peterborough intro- 
duced the following amendment to the foregoing plan, which 
was adopted by the convention: 

"Provided, further, that all towns, cities, or places which 
now are or may hereafter be divided into sections or wards for 
the choice of Representatives, shall, for the purpose of appor- 
tioning the number of Representatives to the number of rata- 
ble polls, be considered as undivided/'* 

On the same day Mr. Bartlett of Portaimouth moved to 
amend the amendment by striking out all after the words, 

^ From the manuscript Journal of the Constitutional Convention of 1850- 
51. p. 171. 
* Ibid., p. 186. 



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MANUAL OF THE OONSTITUTION 273 

"Resolved that in fixing the basis of representation/^ and 
inserting the following instead thereof, "That the towns in 
each of the thirty-six senatorial districts be authorized to send 
to the house ( ) Representatives, to be apportioned 

among the seveml towns in the districts as the legislature 
may direct/' 

This amendment was rejected — yeas, 92; nays, 174/ 
On December 13 Mr. Eastman of Conway introduced the 
following amendment to Mr. Lane's plan as modified by the 
convention: "By striking out the word fifty wherever it oc- 
curs in the first provijso, and inserting the words seventy-five 
instead thereof."* This amendment was adopted. 

On the same day the question was put, "Will the conven- 
tion agree to the amendment reported by the committee of 
the whole relating to the basis and ratio of representation as 
amended, which is as follows: 

"Resolved ithat on fixing the basis of representation it is 
expedient that the same be so arranged that every town, par- 
ish, ward, or place entitled to town privileges, having 175 rata- 
ble polls of twenty-'one years of age and upwandls, who shall 
have resided in this state six months or more immediately pre- 
ceding their enrollment, paupers and foreigners not natural- 
ized excepted, may elect one Representative; if 750 ratable 
polls, may elect two Representatives; if 1,550 ratable polls, 
may elect three Representatives; if 2,550 ratable polls, may 
elect four Representatives; and so proceeding, making 1,000 
ratable polls the number required for each additional Repre- 
sentative after the third; such towns, parishes, wards, or 
places as have less than 175 ratable polls may elect a Repre- 
sentative sudi portion of the time as the aggregate number 
of their ratable polls shall bear to the number of 175; pro- 
vided that such towns or places as shall not have 175 ratable 
polls, and shall be conveniently located for the object, may, 
on application to the legislature, be classed for the choice of 
a Representative, such classed towns not to contain less than 
175 ratable polls in each representative district so formed: 
provided, further, that all towns, cities, or places which now 
are or may hereafter be divided into sections or wards for the 
choice of Representatives shall, for the purpose of apportion- 

1 Prom the manuscript Journal of the Constitutional Convention of 1850-51, 
p. 191. 
» n)id., p. ai. 



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274 MANUAIi OF TKB OONSTITXJTION 

ing the number of Bepresentatives to the number of ratable 
polls, be considered as undivided/ ** 

The yeas and nays were called and the proposed amend- 
ment to the constitution was adopted — ^yeas, 129; nays, 119." 

This amendment was duly submitted to the people on the 
second Tuesday of March, 1851, in the form of the second 
question, as follows: "Do you approve of a House of Eepresen- 
tatives to be constituted and chosen as provided in the 
amended Constitution?" It was rejected — ^yeas, 6,147; nays, 
33,750 — more than four fifths of the votes having been cast 
against it. 

Convention of '1S76. In the convention that assembled at 
Concord December 6, 1876, no part of the constitution was 
more continuously under discussion than that relating to the 
House of Bepresentatives. 

Among the causes which led the convention to take up the 
subject of basis and ratio of representation, the three follow- 
ing were the most important: 

1. There was a wide-spread feeling that the House of Rep- 
resentatives was too large. The number of its members at 
the June session, 1876, was 391. 

2. It was alleged that lax or corrupt officials often had in- 
terpreted the term "ratable polls," upon which by the con- 
stitution representation had been based, so as to promo'te per- 
sonal, local, or partisan interests. 

3. There was a provision in the constitution of 1784 giving 
the legislature the power to issue a writ -for the election of a 
Eepresentative to the General Court from any town containing 
less than 150 ratable polls, and so situaJfced that it could not 
conveniently be classed'. The population of New Hampshire 
by the census of 1870 showed practically no gain over that of 
1850; but the membership of the House of Bepresentatives 
had been increased from two hundred eighty-eight in 1851 to 
three hundred ninety-one in 1876. One potent cause for this 

^ From the manuscript Journal of the Constitutional Convention of 1850- 
hi, p. 212. 



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MANUAL OF THE OaNSTirUTIOi^^ 275 

remarkable increase was found in the fact that partisan con- 
siderations often had led the legislature to grant the petitions 
of small towns for the privilege of sending Eepresentatives. 

The long discussion in the convention over the basis of rep- 
resentation began with the proposal that the number of mem- 
bers of the House of Eepresentatives be reduced by choice of 
one of the four following methods: 

"1. Shall ithe number of Representatives to the House be 
diminished by increasing the ratio of representation? 

"2. Shall the number of Representatives to the House be 
diminished by districting the state into representative dis- 
tricts? 

"3. Shall the number of Representatives to the House be 
diminished by diminishing by definition the number of rata- 
ble polls? 

"4. Shall the number of Representatives to the House be 
diminished by a classification of all towns having less than 150 
ratable polls?"' 

Numerous specific plans for reducing the number of mem- 
bers of the House were submitted, of which the following are 
the morQ important: 

Mr. Page of Haverhill introduced the following amend- 
ment: 

"Amend article 9 by striking out all after the word- ^priv- 
ileges* in the fifth line, and adding the words ^having 400 
inhabitants, may elect one Representative; if 2,000 inhabi- 
tants, may elect two Representatives; if 4,000 inhabitants, 
may elect three Representatives; and so proceeding in that 
proporJdon, making 2,000 inhabitants the mean increasing 
number for every additional Representative, the number of 
inhabitants in each case to be taken to be the number shown 
by the last preceding official census taken under the authority 
of the TTnited States; and no towns shall be so divided or, 
cities warded as to increase their ratio of representatiou/ "' 

On December 12 Mr. Sargent of Concord introduced the 
following resolution: 

» Journal of the Constitutional Convention of 1876, p. 61. 
« Ibid., pp. 66, 67. 



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276 MANUAL OF THE CONSTITUTION 

"Resolved that the state be divided into 100 representa- 
tive districts, to be formed so as to contain as nearly as may 
be an equal number of inhabitants, and in such a way as to 
conform to the existing county, town, and ward lines so far 
as may be, and that each of said districts shall be entitled to 
send two Eepresentatives to the General Court. The legisla- 
ture may from time to time change these districts so as to 
make them conform as nearly as may be to the foregoing con- 
ditions, but in no case shall any change be made in said dis- 
tricts oftener than once in ten years."' 

Mr. Badger of Concord introduced the following: 

"Amend by striking out articles 9, 10, 11, and inserting 
therefor the following words, *The House of Representatives 
shall consist of not less than ( ), nor more than ( ) 

members, chosen by the cities, towns^ and places entitled to 
town representation, according to population as shown by the 
decennial census of the United States as follows: the whole 
population of the state to be divided by the maximum number 
of Representatives, and the quotient arising by dividing the 
population of any city, town, or place by the first resulting 
quotient shall determine the number of Representatives to 
which any city, town, or place may be entitled. Provided, 
however, that all cities, towns, places which cannot be repre- 
sented by this process sh^U be entitled to representation such 
portion of the time as their respective populations bear to the 
first resuking quotient. Provided, however, that every city, 
town, and place, however small its population, shall be enti- 
tled to representation each year when a new apportionment of 
the state tax is made.^ "* 

Other detailed plans were introduced by Mr. Gallinger of 
Concord and by Mr. Farr of Littleton, both of which were 
withdrawn in favor of one introduced by Mr. Lyford of Can- 
terbury, which proposed to make six hundred inhabitants the 
basis for the first Representative, and twelve hundred addi- 
tional inhabitants the mean increasing number for an addi- 
tional Representative.' 

Mr. Gallinger estimated that on this basis the house would 
contain not more than three hundred members, probably less." 

^ Journal of the Constitutional Convention of 1876, p. 13S. 
"Ibid., p. 188. 



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MANUAL OF THE OONSTrTUTION 277 

Upon the main question being put, "Is it desirable to re- 
duce the number of members of the House ?^' a division was 
called for, whereupon 268 members voted in the affirmative, 
and none in the negative. 

The question of the proper definition of the term "ratable 
poUs^^ was frequently under discussion, and numerous facts 
were brought out showing the effects of the different interpre- 
tations in the past. 

During the first half-century under the constitution there 
had been no definition of ratable polls, either by statute or by 
the courts. But in 1834 the superior court was requested by 
the House of Representatives to give its opinion on the fol- 
lowing questions: 

"1. Are aliens ratable polls, within the intent and mean- 
ing of those provisions of the constitution of this state which 
relate to the number of Representatives to. this House to 
which the several towns in this state are entitled? 

"2. Whether persons over seventy years of age are ratable 
polls within the intent and meaning of the same provisions of 
said constitution and laws of this state ?^' 

At the June session, 1835, the superior court communicated 
to the House of Representatives its opinion on the above 
questions, in effect as follows: 

The term "ratable polls" as used in the constitution in- 
cludes all male polls twenty-one years of age and upwards, 
subject to be made taxable, and which are made 'taxable. 

Aliens are to be included in determining the representation 
of towns because they are taxable by existing laws. 

Persons over seventy years of age are to be excluded, be- 
cause they are excused from taxation. (N. H. Reports, Vol. 
VIII, pp. 573-576.) 

In 1842 the term "ratable polls" was defined by statute as 
follows: 

"In determining the number of Representatives to which 
any town is entitled, every male inhabitant of the age of twen- 
ty-one years and upwards shall be considered a ratable poll." 
(Rev. Stat., 1842, Chap. 29, Sect. 3.) 



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278 MANUAL OP THE OONSTITDTION 

In 1847 this definition was amended^ and the meaning lim- 
ited to 

"Every male inhabitant of twenty-one years of age and up- 
wards, who is a legal voter in such town or pla-ce, or, not 
being a legal voter, has re»ided therein twelve months next 
preceding the election at which such Kepresentative or Repre- 
sentatives are to be chosen, or who has been taxed and has 
paid a poll tax within such town during the year preceding 
the same election/'(Laws of N. H., 1847, Chap. 493, Sect. 1.) 

But again, in 1871, a law was passed which in effect reen- 
acted.the statute of 1842. The act of 1871 is as follows: 

"In d'etermining the number of Representatives to which 
any town or ward is entitled, every male inhabitant therein 
who is a voter, and any other person of twenty-one years of 
age and upwards, and who is liable or subjected by law to a 
poll tax, shall be considered a ratable poll.^* (Laws of N. H., 
1871, Chap. 5, Sect. 4.) 

At the suggestion of Mr. Hatch of Keene. 

"1. All members in favor of basing representation upon 
the number of ratable polls were requested to stand and be 
counted, and 14 members so voted. 

"2. All members in favor of basing representation upon 
legal voters were requested to stand and be counted, and 44 
members so voted. 

"3. All members in favor of basing representation upon 
population were requested to stand and be counted, and 232 
members so voted."' 

On December 14, on motion of Mr. Pagre of Haverhill, the 
following resolution was adopted: ^'Resolved 'that population 
be the basis of representation." Yeas, 177; nays, 15.* 

Upon motion of Mr. Riamsdell of N'as'hua the convention 
voted that a committee of twenty be appointed to take into 
consideration the question of the basis of representation. 
This committee was as follows: Messrs. J. J. Bell of Exeter 
(chairman), Wendell of Portsmouth, Wheeler of Dover, Wood- 

^ Journal of the Constitutional Convention of 1876, p. 221. 
'Ibid., p. 222. 



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MANUAL OF THE CONSTITUTION 279 

man of Somersworth, Cole of Gilford, Whipple of Laconia, 
Hubbard of Tamworth, Mason of Moultonborongh, Gallinger 
of Concord, Shirley of Andover, Eamsdell of Nashua, Wood- 
bury of Pelham, Hatch of Keene, Buffum of Walpole, ToUes 
of Claremont, Sturpc of Sunapee, Murray of Canaan, Putnam 
of Warren, Burton of Lancaster, Bedel of Colebrook.^ 

Mr. Mars ton of Exeter, in a long speech in which he de- 
fended the old basis of representation and the importance 
of a large house, said: 

"All the trouble, as I think, and all the increase of repre- 
sentation which 'has created the whole desire, and induced 
many people to think that there ought to be a diminution in 
the House of Representatives, arise from an abuse of the law 
. . . It went so far that the legislature gave to the little 
town of Gosport (annexed to Rye in 1876) the right to send a 
Representative, and it only cast 12 votes.'^* 

Mr. Bell of Exeter, for the special committee of twenty to 
whom was referred the various propositions basing the repre- 
sentation upon population, reported that the committee, after 
consideration of the several propositions, recommended the 
adoption of the following amendments to the constitution: 

Strike out Articles 9, 10 and 11, and insert the following: 

"There shall be in the legislature of this state a representa- 
tion of the people, biennially elected, and founded upon prin- 
ciples of equality; and, in order that such representation may 
be as equal as circumstances will admit, every town and place 
entitled to town privileges, and wards of cities, having 600 in- 
habitants by the last preceding general census of the state, 
taken by authority of the United States or of this state, may 
elect one Representative; if 1,800 such inhabitants, may elect 
two Representatives; and so proceeding in thiat proportion, 
making 1,200 such inhabitants the mean increasing number 
for every adlditional Representative; provided that no town 
shall be divided, or the boundaries of the wards of any city so 
altered, as to increase the number of Representatives to which 
such town or city may b.e entitled by the then next preceding 

^ journal of the Constitutional Convention of 1876, pp. 224, 226. 
s Ibid., pp. 234, 235. 



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280 MAJSnUAL OF THE CONSTITUTION 

census; and provided, further, that the legislature in session 
next before these amendments shall take effect shall equitably 
apportion the Eepresentatives to those towns which may have 
been divided, or whose boundaries have been changed since 
the last census, and in those cities the boundaries of the wards 
of which have been altered since the last census, in such man- 
ner that the number of Representatives shall not be grea»ter 
than it would have been had no division or alteration been 
made. 

"Article 10. Such towns, places, or wards as have less 
than 600 such inhabitants shall be classed by the General 
Court for the purpose of choosing a Representative, so that 
each such class shall contain at least 600 such inhabitants, and 
be seasonably notified thereof; and in every class formed for 
the a;bove mentioned purpose the first annual meeting shall be 
held in the town, place, or ward wherein most of the inhab- 
itants reside, and afterward in that which has the next high- 
est number, and so on, biennially, in rotation through the sev- 
eral towns, places, or wards forming the district. 

"Artici^ 11. Whenever any town or place entitled to 
town privileges, and wards of cities, shall not have 600 such 
inhabitants, and be so situated as to render the classing there- 
of with any other town, ward, or place very inconvenient, the 
General Court shall determine when such town, place, or ward 
shall send a Representative such proportionate part of the time 
as the number of its inhabitants shall bear to six hundred; 
and the legislature shall not grant to any town, place, or ward 
any special privilege to send a Representative."* 

In the debate upon the report of this committee of twenty 
the chief objection urged was that it granted representation 
to the cities by wards in such a way that while three thousand 
inhabitants would give a town a right ito three Representa- 
tives, by division of a city of the same population into wards 
of six hundred each it would be entitled to five Representa- 
tives. 

On December 15 the report of the special committee of 
twenty was adopted by the convention, yeas, 266; nays, 76.' 

This amendment was submitted to the legal voters of the 
state on the second Tuesday of March, 1877, in the form of 
Question Four, as follows: "Do you approve of a House of 

^ Journal of the Conetitutional Conyention of 1876, pp. 230, 231. 
» Ibid., p. 252. 



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MANUAL OF THE CONSTITUTION 281 

Bepresentatives based upon population, and constituted and 
chosen as provided in the amended constitution ?^^ It was 
ratified with the following vote: Yeas, 31,924; nays, 10,878. 
This amendment, by enactment of the legislature, went into 
effect on August 17, 1878. (Laws of N. H., 1878, Chap. 67, 
Sect. 7.) 

Convention of 1889, In the convention of 1889 several 
resolutions were introduced relating to the basis and ratio of 
representation. One proposed to change the mean increasing 
ratio from twelve hundred to eighteen hundred for an addi- 
(tional Representative/ Another proposed to allow the voters 
in the classed towns to cast their ballots for Representatives 
in the towns in which they dwelt.' 

By the amendment of 1876 it was provided that in every 
class the first meeting for the election of a Representative 
"should be held in the town, plaee, or ward wherein most of 
the inhabitants reside, and afterwards in that which has the 
next highest number, and so on, biennially, in rotation 
through the several towns, places, and wards forming the dis- 
trict.^^* Still another plan proposed to give every town a Rep.- 
resentative.* 

All these resolutions were referred to the committee on fu- 
ture amendments, which reported on January 10 that it was 
inexpedient to adt on the subject.' 

Mr. Harvey of Surry introduced the following resolution, 
which was reported favorably by the committee: 

"Resolved that Article 10 of the constitution be stricken 
out, and Article 11 be amended so as to read as follows: 
^Whenever any town, place, or city ward shall have less than 
600 such inhabitants, the General Court shall authorize such 
town, place, or ward to elect and send to the General Court a 
Representative such propo»rtionate part of the time as the 
number of its inhabitants shall bear to 600. And the General 
Court shall not authorize any town, place, or wtard to elect 
and send such Representative except as herein provided.^ ''* 

^ Journal of the Constitutional Convention of 1889, p. 54. 

Ubid., p. 60. 

"Amended ConBtLtuUon 1876, part II, sect. 10. 

* Journal of the Constitutional Convention of 1889, p, 112. 

•IhJd., p. 145. 

•Ibid., pi>. 138, 139; 212, aiS. 



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282 MANUAL OF THB CONSTITUTIOK 

Many petitions from the inhabitants of classed ftowns were 
received, all showing that in those towns there was great dis- 
satisfaction with that part of the constitution, as amended in 
1876, which related to the classification of towns. The two 
principal reasons were: 1. Where a small town was classed 
with a large one, the practical working of the plan showed 
that the large town always had the Kepresentative, and the 
smaller town was practically unrepresented; 2. In sevenal 
towns it often had been necessary for voters to travel a dis- 
tance of twenty miles to the polls in order to vote. This had 
resulted in practically disfranchising certain sections, and in 
some cases the vate cast had never equaled fifty per cent, of 
the legal voters. The report of the committee was accepted 
by the convention on January 11, and the resolution adopted.^ 

This proposed amendment to the constitution was duly sub- 
mitted by the convention to the legal voters of the state in 
the foriti of Quesftion Seven: "Do you approve of amend- 
ing the constitution with reference to representation in 
classed towns as proposed in the amended constitution?" It 
was adopted by them at the annual town meetings on the sec- 
ond Tuesday of March, 1889, yeas, 30,002; nays, 12,846. 

In the convention of 1902 no other single subject received 
so much consideration as the basis and ratio of representation. 
More than twenty different resolutions relating to it were in- 
troduced, andi nearly all of them provided for fixing some 
limit to the number of ihe members of the House of Rep- 
resentatives. Although the population of the state at that 
time was only about 411,000, the number of the members of 
its House (397) made it, with one or two exceptions, the 
largest legislative assembly in the world. After prolonged 
discussion of these various proposals, this convention, like 
some of its recent predecessors, was found to be divided be- 
tween those favoring a town system and those advocating the 
adoption of the district system. 

The committee on legislative departmen't, to which these 
competing plans were referred made a report on December 

1 Journal of the Conwtitutional Convention of 1889, p. 259. 



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MAJNUAI* OF THE CONSTITUTION 283 

17, Tecommending an amendment to the constitution (Pt. 2, 
Arts. 9 and 10) making 800 inhabitants necessary for the first ' 
Representative and 1,600 for each 'additional Representative* 
This report was adopted by the convention, and this amend- 
ment was submitted to the qualified voters as Question Nine, 
as follows: 

9. Do you approve of amending the provision as to rep- 
resentation in tthe House of Representatives by making 800 
inhabitants necessary to the election of one Representative, 
and 2,400 inhabitants necessary for two Representatives, and 
1,600 necessary for each additional Representative; with the 
proviso that a town, ward, or place having less than «00 in- 
habitants may send a Representative a proportionate part of 
the time; or that such towns, wards, and places when con- 
tiguous may unite to elect a Representative if each town so 
decides by major vote ; — as proposed in the amendment to the 
constitution? 

It was rejected by a vote of 20,295 to 13,069. 



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APPENDIX. 



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J 



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APPENDIX. 



LAWS OF 1909. 
Chapter 175. 



JOINT KE601.TJTI0N TO PBOVIDIB FOB TAKING fTHE (9iEN8E OF THS 
QUAUFIED V0TEB8 OF THE STATS AJ3 TO THE EXFEDIXNCY OF 
CLAIMING A CONSnrUTrONAL OONVENTIOW. 



SaCTION 

1. Warrants for election in No- 
vember, 1910, to contain 
article on question of calling 
constitutional convention. 



Sbction 

2. Question of calling constitu- 

tional convention to be 
printed on ballots.^ 

3. Returns of votes on the ques- 

tion. 



Resolved by the Senate and HoMse of Representatives in General 
Court convened: 

Seotton 1. That the selectmen of the several towns and 
places in thi« state are directed to insert in their warrants call- 
ing town meetings for the biennial election to be holden on the 
Tuesday next following the first Monday in November, 1910, 
an article which shall require the sense of the qualified voters 
to be taken on the following question, namely: Is it expedient 
that a convention be called to revise the constitution? 

Sect. 2. The Secretary of State, in the preparation of the 
ballots for use in the biennial election in November, 1910, shall 
have printed in the ballots the following question: Is it ex- 
pedient that a convention be called to revise the constitution?, 
and so arrange the form of the ballots that the sense of the 
voters may be taken on this question. 

Sect. 3. The town clerks of the several towns and wards in 
this state shall, within thirty days after said biennial election, 
make returns to the Secretary of State of the number of votes 
cast for, and also of the number of votes cast against the call- 
ing of a convention to revise the constitution. 



Approved March 10, 1909. 



287 



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288 



MA^rUAL OF THE CONSTITUTION 



VOTE OF STATE BY COUNTIES ON CALLING CONSTITUTIONAL CON- 
VENTION, NOV. 8 (Tuesday following first Monday), 1910.* 





Total vote. 


Yes. 


No. 


Population 
by census 
of 1910. 


Rockingham 


4,237 
3,871 
2,080 
1,321 
5,417 
11,269 
2^694 
2,044 
3,284 
2,419 


2,250 
1,172 
589 
3,216 
8,165 
1,495 
1,015 
1.551 
1.408 


1,993 
1,621 
906 
732 
2,201 
3,104 
1,199 
1,089 
1,733 
1,011 


52,188 
38,951 
21,309 
16,316 
53,335 
126,072 


Strafford 


Belknap 


Carroll 


Merrimack 


HIllBborough 


Cheshire 


Sullivan 


19,337 


Qrafton ...." 


41,652 


Coos 


30,753 






Totals 


192.364 


23,105 


15,541 


430,572 







♦For vote of town see Manual of the General Court. 1911, p. .210-224. 
LAWS OF 1911. 
Ghaftobsr 187. 

AN" ACT PKOVIMNG FOB^A CX)TTVBNfnON OF IXEiliEGATESB FOB THE PUB- 
PGSiE OF BEVISING THE C^NBTXTUnON". 



Sbction 



Delegates, when chosen. 
Who eligible for election. 
Delegates, how chosen 

proportioned. 
Certificates of election. 
Blank form of certificates. 



and 



Section 

6. Convention to meet when. 

7. Arrangement of amendments. 

8. Books, documents, etc. 

9. Transportation of delegates. 
10. Takes effect on passage. 



Be it Enact€d\ hy the Senate cmd House of Representatives in General 
Court convened :^ 

SEonoiN 1. That at the election in the several towns of this 
state to be holden on the second Tuesday of March, A. D. 1912, 
and at a special election in the several cities of this state to 
be holden on said second Tuesday of March, A. D. 1^12, dele- 
gates to a convention to revise the constitution of this state 



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MANUAL OP THE OaNSTITDTION 289 

shall be chosen, and an article therefor shull be inserted in the 
warrants calling said meetings; and all the laws relating to the 
election of Kepresentatives to the General Court, so far as the 
same may be applicable, shall apply to the election of delegates 
except as herein otherwise provided. 

Sbctt. 2. Any person shall be eligible to a seat in said con- 
vention who by the laws of this state is a qualified voter in the 
town or district from which he may be elected. 

Sextt. 3. The delegates shall be chosen in the same manner 
and proportioned as the Representatives to the present General 
Court, provided that each and every town shall be entitled to 
send one delegate at least. 

Sect. 4. Town clerks and clerks of supervisors of election 
shall deliver to the person or persons elected a certificate of his 
or their election. 

Sect. 5. The Secretary of State is directed to prepare and 
seasonably transmit to the several town clerks suitable blank 
forms for certificates of the election of delegates. 

Sbot. 6. The delegates so chosen shall meet in convention 
at the capitol in Concord on the first Wednesday of June, A. D. 
1912, at 11 'O'clock in the forenoon, and shall proceed to organ- 
ize themselves in convention by choosing by ballot one of their 
number as President, and such other officers as they may deem 
necessary; they shall be the judges of election and returns of 
their own members, and may establish rules of proceeding, and, . 
when organized, shall proceed to revise the constitution. 

Sect. 7. If the alterations or amendments of the constitution 
shall be agreed to by said convention, they shall be so arranged 
and prepared that the same can be voted on by the people 
separately, unless the convention shall be of the opinion that 
it is impracticable so to prepare and arrange them, in which 
ease the amendments shall be voted on together; and in either 
case the convention shall prescribe the mode of publication of 
the amendments, the time and manner in which the same shall 
be submitted to the people for their approval, and may pass 
an ordinance in relation to the manner of ascertaining their 
decision, and declaring and publishing the same, the time when 
such amendments as shall be approved s^all take effect, and 
may do any and all other things which they deem necessary 
to carry out the purpose and object of such convention. 

Sect. 8. It shall be the duty of the Secretary of- State to 
furnish said convention such books, documents, papers, sta- 
tionery, and printing as the convention shall require or order. 

Sect. 9. The Governor is hereby authorized and directed to 



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290 MANUAL OF THE CONSTITUTION 

contract prior to the session of the constitutional convention 
for the steam railroad transportation of the delegates, officers, 
and employees of the same. Said contract shall be made in the 
name of the state, and the cost thereof ^hall be paid from the 
treasury upon the warrant of the Governor. Such payment 
shall be in lieu of all mileage of delegates and officers of the 
constitutional convention; and for his attendance each member 
shall receive three dollars per day during the said convention, 
except that the clerk and assistant clerk shall receive the same 
pay as a member of the convention and one hundred dollars 
each additional for making up the journals, the same to be paid 
out of the treasury. 
Sect. 10. This act shall take effect from and after its passage. 

Approved April 15, 1911. 

CHAFltER 247. 

70IN^T BBBOtLTJTION PBOYlOmQ TOB TBE PATICENT OF THE EXPENSES 
OF A COirVENTION TO SEYIS'E THE CONSTITUTION. 

Resolved hy the Senate and House of Representatives in General 
Court convened: 

That a sum not exceeding twenty-five thousand dollars be 
and is hereby appropriated to pay the expenses of a convention 
to revise the constitution; and the Governor is authorized to 
draw his warrant for so much of said sum as may be necessary 
for that purpose. 

Approved April 15, 1911. 



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MANUAL OF TH© CON6TITTJTION 



291 



DELEGATES TO CONSTITUTIONAL CONVENTION JUNE 5, 

1912. 

ROCKINGHAM COUNTY. 



Atkinson, Charles I. Pressey. 
Auburn, Edward C. Oriffln. 
Brentwood, John J. Knights. 
Candia, George H. MoDuflee. 
Chester, Cyrus F. Marston. 
Danville, Clarence M. Collins. 
Deerfleld, Jonathan H. Batchelder. 
Derry, William H. Benson, 

Frederick J. Shepard, 

John E. Webster. 
East Kingston, William D. Ingaais. 
Bpping, John Leddy. 
Exeter, Henry W. Anderson, 
Edwin G. Eastman, 
Arthur O. Fuller, 
John Scammon. 
Fremont, Joseph B. Sanborn. 
Greenland, Harrie A. Holmes. 
Hampstead, Frank W. Etnerson. 
Hampton, Horace M. Lane. 
Hampton Falls, George C. Healey. 
Kensington, Stewart E. Rowe. 
Kingston. Leonard W. Collins. 
Londonderry, 

Rosecrans W. Pillsbury. 
Newcastle, James W. Pridham. 
Newflelds, George E. Leighton. 



Newington, Frederick Pickering. 
Newmarket, Charles A. Morse, 
George H. WiUey. 
Newton, John E. Hayf ord. 
North Hampton, James R. Dow. 
Northwood. WUliam H. Towle. 
Nottingham, Perley B. Batchelder. 
Plaistow, Fred P. Hill. 
Portsmouth: 
Ward 1, William T* Entwistle. 

John August Hett. 
Ward 2, Charles H. Batchelder, 
Harry E. Boynton, 
Frederick M. Sise. 
Ward 3, John L. Mitchell. 
William H. Moran. 
Ward 4, Ernest L. Guptill. 
Ward 5, Eugene B. Eastman. 
Raymond, William G. Brown. 
Rye, Albert H. Drake. 
Salem, George C. Gordon, 

Lester Wallace Hall. 
Sandown, John W. Levering. 
Seabrook, Charles D. Foote. 
South Hampton, Frank M. Jewell. 
Stratham, George e!. Gowen. 
Windham, John E. Cochran. 



STRAFFORD COUNTY. 



Barrington, Frank H. Clark. 
Dover: 
Ward 1, Ernest B. Folsom, 
Clarence I. Hurd. 
Ward 2, John Main, 

Herbert K. Otis, 
George H. Sherry. 
Ward 3, George G. Neal, 

Arthur G. Whittemore. 
Ward 4, Ellsha R. Bro^n, 

Alonzo Melvin Foss, 
Daniel Hall. 
Ward 5, John H. Wesley. 
Durham, All)ert DeMeritt. 
Farmington, Ulysses S. Knox, 

Charles W. T. Willson. 
Lee, Louis H. Snell. 
Madbury, Charles G. Sanders. 
Middleton, William F. Hanson. 



Milton, Fred B. Roberts. 

New Durham, Zanello D. Berry. 

Rochester: 

Ward 1, Albert L. Richards. 

Ward 2, Frank B. Preston. 

Ward 3, Walter S. Meader. 

Ward 4, Aurelle Beaudoin, 
Isidofe P. Marcotte. 

Ward 5, Orrin A. Hoyt. 

Ward 6, Albert Wallace. 
Rollinsford, Gardner Grant. 
Somersworth : 

Ward 1, John N. Haines. 

Ward 2, Fred H. Brown. 

Ward 3, Louis P. Cote. 

Ward 4, Michael P. Flanagan, 
George Letoumeau. 

Ward 5, Treffle Leclerc. 
Strafford, Woodbury W. Durgin. 



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BELKNAP COUNTY. 



Alton, Charles H. McDuffee. 
Bamstead, Frank H. Moore. 
Belmont, Edwin C. Bean. 
Center Harbor, Leonard B. Morrill. 
Gilford, James R. Morrill. 
Oilman ton, George C. Parsons. 
Laconia: 

Ward 1, True B. Prescott. 

Ward 2, Edward M. Richardson. 

Ward 3, John T. Busiel. 



Ward 4. Oscar L. Toung. 
Ward 5, William D. Veasey. 
Ward 6, Benjamin F. Drake, 
George H. Saltmarsh. 
Meredith, Simeon M. Bstes. 
New Hampton, Herbert M. Thjmg. 
Sanbomton. Robert M. Wright 
Tilton, William B. Fellows, 
Charled E. Tilton. 



CARROLL COUNTY. 



Albany, James T. Povall. 

Bartlett, Ralza E. Andrews. 

Brookfleld, George A. Wlggin. 

Chatham, Hazen Chandler. 

Conway, Holmes B. Fifleld, 
James L. Gibson, 
Arthur R. Shirley. 

Baton, Henry H. Robertson. 

Effingham, James L. Wormwood. 

Freedom, George F. Huckins. 

Hart's Location, Charles H. Morey. 



Jackson, Nelson I. Trickey. 
Madison, Edward E. Hoyt. 
Moultonborough, James E. French. 
Ossipee, Frank Weeks. 
Sandwich, Paul Wentworth. 
Tamworth, Edward S. Pollard. 
Tuftonboro, Robert Lamprey. 
Wakefield, William W. Berry. 
Wolfeboro, Sewall W. Abbott, 
■ Frank P. Hobbs. 



MERRIMACK COUNTY. 



Allenstown, Charles H. Smith. 
Andover, George W. Stone. 
Boscawen, Willis G. Buxton. 
Bow, Henry M. Baker. 
Bradford, Everett Kittredge. 
Canterbury, Henry L. Clough. 
Chichester, John L. T. Shaw. 
Concord : 
Ward 1, George E. Farrand, 

John E. Marden. 
Ward 2, Clarence I. Tibbetts. 
Ward 3, Abijah Hollis. 
Ward 4, Allen Hollis, 

James O. Lyford, 
John M. Mitchell. 
Wai^ 5, Charles R. Corning, 

Arthur P. Morrill. 
Ward 6, Charles P. Bancroft, 
Henry A. Kimball, 
Nathaniel E. Martin. 
Ward 7. William W. Flint, 
Edward J. Hatch, 
Frank P. Quimby. 
Ward 8, Howard F. Hill. 
Ward 9, Edward J. Gallagher, 
John Henneberry. 
Danbury, Harry G. Dean. 



Dunbarton, Bradford Burnham. 
Epsom, Warren Tripp. 
Franklin: 

Ward 1, Rufus P. Gardner. 

Ward 2, Charles H. Bean, 

Prank E. Woodbury. 

Ward 3, Thomas P. Clifford, 
Seth W. Jones. 
Henniker, Charles A. Wilkins. 
Hill. Ellon S. Little. 
Hooksett, Fred N. Mitchell. 
Hopkinton, Arthur J. Boutwell. 
Loudon, Albert B. Sargent. 
Newbury, Joseph A. Donigan. 
New London, Justin O. Wellman. 
Northfield, Edwin J. Young. 
Pembroke, George W. Fowler, 
Henry T. Fowler, 
Joseph A. Rainville. 
Plttsfleld, Edward Everett Clark. 

Nathaniel S. Drake. 
Salisbury, John Shaw. 
Sutton, Milton B. Wadleigh. 
Warner, £Sdward H. Carroll. 
Webster, Harvey p. Sawyer. 
Wllmot, Fred E. Goodhue. 



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293 



HILLSBOROUGH COUNTY. 



Amherst. Horace T. Harvell. 

Antrim. Hiram W. Eldredge. 

Bedford, George D. Soper. 

Bennington. Arthur J. Pierce. 

Brookline, Orville D. Fessenden. 

Deering, E^dwin F. Dutton. 

FranceBtown. Edson H. Patch. 

Goffstown, George P. Hadley, 
Alvin P. Seeton. 

Greenfield. Willis D. Hardy. 

Greenville, Daniel J. Brown. 

Hancock, Clarence H. Ware. 

Hillsborough. Charles S. Flanders, 
George W. Haslet. 

HoUis, Daniel W. Hayden. 

Hudson, Henry C. Brown. 

Litchfield. Amos Saunders. 

Lyndeborough, Walter S. Tarbell. 

Manchester: 
Ward 1. Narclsse Richer. 
James A. Sayers, 
Joseph Tait. 
Ward 2, Charles B. Brown, 
Elliot C. Lambert, 
Jesse B. Pattee, 
George H. Warren, 
Allan M. Wilson. 
Ward 3, John G. Crawford, 
Joseph O. Gagnon, 
Edwin F. Jones, 
Ektgene G. Libbey, 
Ludwig Lindquist, 
Hobart PUIsbury. 
Ward 4, John B. Cavanaugh, 
Henry B. Fairbanks, 
William G. Garmon, 
George L Haselton, 
Frederick W. Shontell. 
Harrie M. Young. 
Ward 5, James A. Broderick, 
Martin Connor, 
William B. Eagan, 
James L. Glynn, 
Thomas F. Howe, 
Peter J. Magan, 
Patrick J. Ryan, 
Thomas F. Sheehan. 
Ward 6, Joseph P. Chatel, 

Joseph M. McDonough. 
Almua W. Morse. 
Robert I. Stevens. 
Ward 7, Edward B. Woodbury. 
Ward 8, Arthur J. Moquin, 



Ward 8, Herman Rodelsperger, 
Rudolph Schiller, 
Charles C. Tinkham. 
Henry J. VanVliet. 
Ward 9, Theophlle G. Biron, 
Odilon Demers, 
Francois X. Gagne, 
Euclide F. GeofCrion, 
Winfred D. Hebert, 
Horace Martel, 
Armelle Turcotte. 
Ward 10, Joseph Chevrette. 
John J. Connor. 
John J. Donnelly. 
Frank J. Leclerc. 
Mason, Albert B. Eaton. 
Merrimack, Everett B. Parker. 
Milford, Arthur L. Keyes. 

Clinton A. McLane. 
Fred T. Wadleigh. 
Mont Vernon, Frank J. Conner. 
Nashua : 
Ward 1, Harry P. Greeley, 

Charles J. Hamblett. 
Ward 2, Charles O. Andrews, 

Robert A. French. 
Ward 3, James A. Gllmore, 
John P. Lampron, 
Frank Rancour. 
Ward 4, Edward B. Parker. 
Ward 5, BYederlck J. Gaffney. 
Ward 6, Edward H. Wason. 
Ward 7, Thomas F. Moran. 

Frederick D. Runnells. 
Arthur K. Woodbury. 
Ward 8, Horace H. Phaneuf, 
John F. Shea. 
Willard C. Tories. 
Ward 9, Frank B. Clancy. 

Charles Dionne. Jr., 
Joseph Ducharme, 
George Theriault. 
New Boston, Samuel L. Marden. 
New Ipswich, William E. Davis. 
Pelham, Charles W. Hobbs. 
Peterborough, Eben W. Jones, 
Ezra M. Smith. 
Sharon, George M. Smith. 
Temple, Willie W. Colburn. 
Weare, Byron L. Morse. 
Wilton, George E. Bales. 
Windsor. Joseph R. Nelson. 



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MAINTJAL OF THB OONSTITUTION 



CHESHIRE COUNTY. 



Alatead, John W. Prentisa. 
Chesterfield. Darid W. Slade. 
Dublin, Willard H. Pierce. 
Fltzwilliam, Amos J. Blake. 
GUsum, Osmon H. Hubbard. 
Harrisvllle, Thomas J. Winn. 
Hinsdale, Gardner S. Howe, 

Edalbert J. Temple. 
Jaffrey, George H. Duncan, 

Will J. Mower. 
Keene: 
Ward 1, OrvlUe E. Cain. 

Charles . M. Norwood. 
Ward 2, Adolf W. Pressler. 
Jerry P. Wellman. 
Ward 3, Martin V. B. Clark, 

Charles C. Sturtevant. 
Ward 4, Robert E. Faulkner. 



Ward 5, Joseph Madden. 
Maplboraugh, Levi A. Puller. 
Marlow, Rockwell F. Craig. 
Nelson, James E. Ruffle. 
Richmond, Almon Twltchell. 
RIndge, Charles W. Fletcher. 
Roxbury, David B. Nlms. 
Stoddard, Henry E. Spalding. 
Sullivan, Leslie H. Goodnow. 
Surry, Hiram F. Newell. 
Swanzey, George B. Whltcomb. 
Troy, Melvln T. Stone. 
Walpole, Dan4el W. Connors, 
Frank A. Spaulding. 
Westmoreland, Elmer T. Nlms. 
Winchester, John P. Ball, 

David O. Fisher. 



SULLIVAN COUNTY. 



Ac worth, Guy S. Neal. 

Charlestown. Oscar C. Young. 

Claremont, Hartley L. Brooks, 
Henry N. Hurd, 
Emerson A. Qulmby, 
George P. Rossiter, 
James Duncan Upham. 

Cornish, Fenno B. Comings. 

Croydon, Edgar W. Davis. 

Goshen, Burk Booth. 

Grantham, William H. Howard. 



Langdon, Charles Winch. 

Lempster, Hiram Parker. 

Newport, Jesse M. Barton, 
John W. Johnson, 
Ernest A. Robinson. 

Plainfleld, Charles A. Tracy. 

Springfield, Carl B. Phllbrlck. 

Sunapee, Murvin A. Bailey. 

Unity, Chai^les A. Newton. 

Washington, Melvin B. Hizson. 



GRAFTON COUNTY. 



Alexandria, Ned A. Mathews. 

Ashland, ElUs G. Gammons. 

Bath, John H. DeGross. 

Benton, Leblna H. Parker. 

Bethlehem, Fred D. Lewis. 

Bridgewater, No choice. 

Bristol, Henry C. Whipple. 

Campton, Darius Moulton. 

Canaan, Charles O. Barney. 

Dorchester, Henry M. Merrill. 

Baston, Charles A. Young. 

Ellsworth, Vernle H. Avery. 

Enfield, Thomas J. Carlton, 
Eugene A. Wells. 

Franconia, Henry Spooner. 

Grafton, George S. Barney. 
. Groton, Charlie D. Jewell. 

Hanover, Edward P. Storrs, 
Frank A. Updike. 

Haverhill, Edward M. Clark, 

William E. Lawrence, 
William F. Whitcher. 

Hebron, Albert E. Moore. 

Holderness, Robert P. Curry. 

LandafC, Raymond B. Stevens. 



Lebanon, William S. Carter, 
William H. Hatton, 
Reuben C. True, 
Thomas P. Waterman. 

Lincoln, George E. Henry. 

Lisbon, George Conrad Brummer, 
Erl C. Oakes. 

Littleton, James H. Bailey, 

Richard T. EJastman, 
. George A. Veazie. 

Livermore, No election. 

Lyman, Arthur N. Shute. 

Lyme, David A. Grant. 

Monroe, Daniel R. Gilchrist 

Orange, Chanles H. Ford. 

Orford, Robert O. Cam 

Piermont, Samuel H. Ames. 

Plymouth, Davis B. Keniston, 
Frederick P. Weeks. 

Rumney, Henry W. Herbert. 

Thornton, Frank L. Hazeltine. 

Warren, Frank C. Clement. 

WatervlUe, Clarence H. Green. 

Wentworth, Calvin T. Shute. 

Woodstock, George H. Green. 



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MANUAL OF THE CONSTITUTION 



295 



COOS COUNTY. 



Berlin: 
Ward 1, Henry A. Smith, 
Patrick J. Smyth, 
John T. Stewart. 
Ward 2, Herbert I. Goss, 
John B. Noyes, 
lEdmund Sullivan. 
Ward 3, Johannes J. Haai vei, 
Robert B. Wolf. 
Carroll, Edward M. Sheehe. 
Clarksville, Willis A. Harriman. 
Colebrook, Jason H. Dudley, 

Thomas F. Johnson. 
Columbia, Frank P. Lang. 
Dalton, Henry F. Whitcomb. 
Dummer, Adam W. Wight 
Brrol, Arthur E. Bennett. 



Oorham, Alfred R. Evans. 

Jefferson, Don C. Clough. 

Lancaster, Pred C. Cleveland, 
Irving W. Drew, 
George F. Morris. 

Milan, Frank M. Hancock. 

Northumberland, Henry H. Hayes, 
Judson A. Potter. 

Pittsburg. George W. Baldwin. 

Randolph, Arthur L. Watson. 

Shelburne. James Simpson. 

Stark, William T. Pike. 

Stewartstown, Perley Knapp. 

Stratford, John C. Pattee. 

Whitefield, Mitchell H. Bowker. 
Benjamin C. Garland. 



PUBLIC STATUTEIS OF NEW HAMPSHIRE. 
(Chase's edifion, 1901.) 

Chapter 22. 
oouitoilor districts. 



Section 

1. Number and power of coun- 

cilor districts. 

2. Limits of district No. 1. 

3. Limits of district No. 2. 



Section 

4. Limits of district No. 3. 

5. Limits of district No. 4. 
€. LimiU of district No. 5. 



Section l. The state is divided into five councilor districts, 
each of which may choose one councilor biennially. 

Sect. 2. Councilor district number one contains the towns of 
Allenstown, Barnstead, Candia^ Chichester, Deerfield, Epping, 
Epsom, Gilford, Gilmanton, Greenland, Laconia, Loudon, New- 
castle, Newinglon, Newmarket, North Hampton, Northwood, 
Nottingham, Pittsfield, Portsmouth, Raymond, Rye, Stratham, 
and the county of Strafford. 

Sect. 3. Councilor district number two contains the towns of 
Atkinson, Auburn, Bow, Brentwood, Chester, Danville, Derry, 
Ihinbarton, East Kingston, Exeter, Fremont, Hampstead, Hamp- 
ton, Hampton Falls, Hooksett, Hudson, Kensington, Kingston, 
Litchfield, Londonderry, Manchester, Newton, Pelham, Plaistow, 
Salem, (Sandiown, Seabrook, South Hampton, South Newmarket 
[Newfields], and Windham. 



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MANTJAL OF THE OQNSTITUTION 



Sect 4. Councilor district number three contains the towns 
of Amherst, Antrim, Bedford, Bennington, Brookline, Deering, 
Francestown, Goffstown, Greenfield, Greenville, Hancock, HoUis, 
Lyndeboroug^h, Mason, Merrimack, Milford, Mont Vernon, 
Nashua, New Boston, New Ipswich, Peterborough, Sharon, Tem- 
ple, Weare, Wilton, Windsor, and the county of Cheshire. 

SioCT. 5. Councilor district number four contains the towns of 
Andover, Ashland, Belmont, Boscawen, Bradford, Bridgewater, 
Bristol, Canterbury, Concord, Banbury, Franklin, Hanover, Hen- 
niker. Hill, Hillsborough, Hopkinton, Lebanon, Lyme, Newbury, 
New Hampton, New London, Northfield, Orford, Pembroke, 
Salisbury, Sanbornton, Sutton, Tilton, Warner, Webster, Wilmot, 
and the county of Sullivan. 

Sect. 6. Councilor district number five contains the towns of 
Alexandria, Alton, Bath, Benton, Bethlehem, Campton, Canaan, 
Center Harbor, Dorchester, Easton, Ellsworth, Enfield, Fran- 
conia, Grafton, Grotoh, Haverhill, Hebron, Holderness, Landaff, 
Lincoln, Lisbon, Littleton, Livermore, Lyman, Meredith, Monroe, 
Orange, Piermont, Plymouth, Rumney, Thornton, Warren, 
Waterville, Wentworth, Woodstock, and the counties of Carroll 
and Coos. 

CB;APTtES 23. 

SENATXyRlAL ms'rabiCTs. 



Sbctiok 

14. Limits of district No. 13. 

15. Limits of district No. U. 

16. Limits of district No. 16. 

17. Limits of district No. 16. 

18. Limits of district No. 17. 

19. Limits of district No. 18. 

20. Limits of district No. 19. 

21. Limits of district No. 20. 

22. Limits of district No. 21. 

23. Limits of district No. 22. 

24. Limits of district No. 23. 

25. Limits of district No. 24. 



Section l. The state is divided into twenty-four senatorial 
districts, each one of which may elect one Senator to the legis- 
lature biennially. 

Sect. 2. Senatorial district number one contains Coos county. 

Sect. 3. Senatorial district number two contains Bath, Ben- 
ton, Bethlehem, Dorchester, Easton, Ellsworth, Franconia, Gro- 
ton, Haverhill, Hebron, Landaff, Lincoln, Lisbon, Littleton, Liv- 



Section 




1. 


Number of senatorial 


districts 


2. 


Limits of district No. 


1. 


3. 


Limits of district No. 


2. 


4. 


Limits of district No. 


3. 


5. 


Limits of district No. 


4. 


6. 


Limits of district No. 


5. 


7. 


Limits of district No. 


6. 


8. 


Limits of dtstrict No. 


7. 


9. 


Limits of district No. 


8. 


10. 


Limits of district No. 


9. 


11. 


Limits of district No. 


10. 


12. 


X.imits of district No. 


11. 


13. 


Limits of district No. 


12. 



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MANUAL OF THE CONSTITUTION 297 

ermore, Lyman, Monroe, Rumney, Thornton, Warren, Water- 
ville, Wentworth, and Woodstock. 

Sect. 4. Senatorial district number three contains Alexan- 
dria, Bristol, Canaan, Danbury, Enfield, Grafton, Hanover, Hill, 
Lebanon, Lyme, New London, Orange, Orford, Piermont, and 
Wilmot. 

SisoT. 5. Senatorial district number four contains Alton, Ash- 
land, Belmont, Bridgewater, Campton, Center Harbor, Gilford, 
Gilmanton, Holderneds [Laconia, ward 1], Moult onborough, New 
Hampton, Plymouth, Sandwich, Tuftonborough, and Wolfebor- 
ough. 

Sect. 6. Senatorial district number five containa^ Albany, 
Bamstead, Bartlett, Brookfield, Chatham, Conway, Eaton, Effing- 
ham, Farmington, Freedom, Hart*s Location, Jackson, Madison, 
Middleton, New Durham, Ossipee, Strafford, Tamworth, and 
Wakefield. 

Sect. 7. Senatorial district number six contains Andover, 
Franklin, Laconia [wards 2, 3, 4,] Meredith, Northfield, Salis- 
bury, Sanbornton, and Tilton. 

Sect. 8. Senatorial district number seven contains Acworth, 
Charlestown, Claremont, Cornish, Croydon, Goshen, Grantliam, 
Langdon, Lempster, Newport, Plainfield, Springfield, Sunapee, 
and Unity. 

Sect. 9. Senatorial district number eight contains Alstead, 
Antrim, Beimington, Bradford, Deering, France&town, Greenfield, 
Hancock, Lyndeborougli, Marlow, Mont Vernon, New Boston, 
Newbury, Stoddard, Sutton, Walpole, Washington, Weare, and 
Windsor. 

Sect. 10. Senatorial district number nine contains Boscawen, 
Bow, ward seven of Concord, Dunbarton, Gofl^stown, Henniker, 
Hillsborough, Hooksett, Hopkinton, Warner, and Webster. 

Sect. 11. Senatorial district number ten contains wards two, 
four, five, six, and nine of Concord. 

Sbot. 12. Senatorial district number eleven contains Aliens- 
town, Auburn, Candia, Canterbury, Chichester, wards one, three, 
and eight of Concord, Deerfield, Epsom, Loudon, Pembijoke, 
Pittsfield, and Raymond. 

Sect. 13. Senatorial district number twelve contains Har- 
rington, Milton, Northwood, Nottingham, Rochester, and Som- 
ersworth. 

Sect. 14. Senatorial district number thirteen contains Gil- 
sum, Keene, Marlborougli, Nelson, Roxbury, Sullivan, and Surry. 
Sect. 15. Senatorial district number fourteen contains Ches- 
terfield, Dublin, Fitzwilliam, Harrisville, Hinsdale, Jaffrey, Rich- 
mond, Rindge, Swanzey, Troy, Westmoreland, and Winchester. 
Sect. 16. Senatorial district number fifteen contains Amherst, 



Digitized by VjOOQIC 



298 



MAjmAL OF THE OONfiTITDTrON 



Brookline, Greenville, HoUis, Mason, Milford, 'New Ipswich. 
Peterborough, Sharon, Temple, and Wilton. 

SxxTT. 17. Senatorifd district number sixteen contains wards 
one and two of Manchester. 

Sbot. 18. Senatorial district number seventeen contains wards 
three, four, and seven of Manchester. 

Sect. 19. Senatorial district number eighteen contains wards 
five, six, eight, nine, and ten of Manchester. 

Sect. 20. Senatorial district number nineteen contains Bed- 
ford, Derry, Litchfield, Londonderry, Merrimack, wards one, two, 
and three of Nashua, and Windham. - 

Sbot. 21. Senatorial district number twenty contains Hudson, 
wards four, five, six, seven, eight, and nine of Nashua, Pelham, 
and Salem. 

Sect. 22. Senatorial district number twenty-one contains At- 
kinson, Brentwood, Chester, Danville, East Kingston, Exeter, 
Fremont, Hampstead, Hampton, Hampton Falls, Kensington, 
Kingston, Newton, Plaistow, Sandown, Seabrook, South Hamp- 
ton, and South Newmarket [Newfields]. 

Sect. 23. Senatorial district number twenty-two contains 
wards one, two, and three of Dover, Durham, Lee, Madbury, and 
BoUinsford. 

(Sect. 24. Senatorial district number twenty-three contains 
wards four and five of Dover, Epping, Greenland, Newington, 
Newmarket, North Hampton, ward three of Portsmouth, Hye, 
and Stratham. 

Sect. 25. Senatorial district number twenty-four contains 
Newcastle and wards one, two, four [and five] of Portsmouth. 

LAWS OP 1911. 
Chapter 84. 

JJS ACT HEIiATINO TO TBX3 XUECTIOV OF XEPWSBEOIfTAnXEVEB TO THE 
OENERAXj 0OI7BT. 



Sbction 

8. Repealing clause; act takes ef- 
fect on passage. 



Sbction x 

1. Apportionment of Representa- 

tives. 

2. In towns of lees than <S0O popu- 

lation. 

Be it EnactedH hy the 8mat€ <md House of Representatives in CfmertU 
Court convened: 

Sectiow 1. Until another general census of the state is taken 
and officially promulgated, the following named towns and 
wards may send Representatives to the General Court under the 
authority of the constitution eus follows: one Representative 
each for Alton, Bamstead, Belmont, Gilford, Gilmanton, Laconia, 
ward 1, Laconia, ward 3, Meredith, New Hampton, Sanbornton, 



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MANUAL OP THS OONSTITXTTION 299 

Bartlett, Moultonborough, Ossipee, Sandwich, Tamworth, Tuf- 
tonboro, Wakefield, Alstead, Chesterfield, Fitzwilliam, Hanis- 
ville, Hinsdale, Keene, ward 4, Keene, ward 5, Marlborough, 
Bindge, Swanzey, Troy, Westmoreland, Columbia, Jefferson, 
Milan, Pittsburg, Stewartstown, Stratford, Whitefield, Ashland, 
Bath, Bethlehem, Bristol, Campton, Canaan, Enfield, Graftour 
Holderness, Lincoln, Lyme, Orford, Rumney, Warren, Wood- 
stock, Amherst, Antrim, Bedford, Bennington, Francestown, 
Greenville, Hancock, Hollis, Hudson, Lyndeborough, Merrimack, 
Nashua^ ward 4, Nashua, ward 6, New Boston, New Ipswich, 
Pelham, Weare, Wilton, AUenstown, Andover, Boscawen, Bow, 
Bradford, Canterbury, Chichester, Concord, ward 2, Concord, 
ward 3, Concord, ward 8, Epsom, Franklin, ward 1, Henniker, 
Hooksett, Hopkinton, Loudon, New London, Northfield, Sutton, 
Warner, Wilmot, Auburn, Brentwood, Candia, Chester, Deerfield, 
Epping, Fremont, Hampstead, Hampton^ Kingston, Londonderry, 
Newcastle, Newton, North Hampton, Northwood, Nottingham, 
Plaistow, Portsmouth, ward 4, Portsmouth, ward 5, Raymond, 
Rye, Seabrook, Stratham, Windham, Barrington, Dover, ward 5, 
Durham, Milton, Rochester, ward 1, Rochester, ward 2, Roches- 
ter, ward 3, Rochester, ward 5, Somersworth, ward 1, Somers- 
worth, ward 2, Somersworth, ward 3, Somersworth, ward 5, 
Strafford, Charlestown, Cornish, Plainfield, Sunapee. 

Two Representatives each from Laconia, ward 2, Laconia, ward 
4, Laconia, ward 5, Laconia, ward 6, Tilton, Wolfeboro, Jaffrey, 
Keene, ward 1, Keene, ward 2, Keene, ward 3, Walpole, Winches- 
ter, Colebrook, Gorham, Northumberland, Hanover, Lisbon, 
Plymouth, Goffstown, Hillsborough, Manchester, ward 7, Nashua, 
ward 1, Nashua, ward 2, Nashua, ward 5, Peterborough, Con- 
cord, ward 1, Concord, ward 5, Concord, ward 9, Franklin, ward 
2, Franklin, ward 3, Pittsfield, Portsmouth, ward 1, Portsmouth, 
ward 3, Salem, Dover, ward 1, Dover, ward 3, Farmington, 
Rochester, ward 4, Rochester, ward 6, Rollinsford, Somersworth, 
ward 4. 

Three Representatives each from Conway, Berlin, ward 1, Ber- 
lin, ward 3, Lancaster, Haverhill, Littleton, Manchester, ward 1, 
Milford, Nashua, ward 3, Nashua, ward 7, Nashua, ward 8, Con- 
cord, vmrd 4, Concord, ward 6, Concord, ward 7, Pembroke, New- 
market, Portsmouth, ward 2, Dover, ward 2, Dover, ward 4, 
Newport. 

Four Representatives each from Berlin, ward 2, Nashua, ward 
9, Derry, Exeter. 

Five Representatives from Lebanon. 

Six Representatives each from Manchester, ward 2, Manches- 
ter, ward 4, Manchester, ward 6, Manchester, ward 8, Manches- 
ter, warrf 10, Claremont. 

Seven Representatives from Manchester, ward 3. 



Digitized by VjOOQIC 



I, 1920. 

1920. 



300 MAmXAL OP THE OONSTITITTION 

Eight Kepresentatives from Manchester, ward 5. 

Nine Representatives from Manchester, ward 9. 

Sbct. 2. The following named towns, not having six hundred 
inhabitants according to the census of 1910, and having a right 
under the constitution to elect a Representative such propor- 
tional part of the time as the number of their inhabitants, ac- 
cording to said census, bears to six hundred, may elect one 
Representative in each of the years set opposite their names in 
the following list: 

Effingham—in the years 1912, 1914, 1916, 1918, 1920. 
Freedom— in the years 1912, 1914, 1916, 1918, 1920. 
Dublin— in the years 1912, 1914, 1916, 1918, 1920. 
Carroll— in the years 1912, 1914, 1916, 1918, 1920. 
Alexandria— in the years 1912, 1914, 1916, 1918, 1920. 
Piermont— in the years 1912, 1914, 1916, 1918, 1920. 
Thornton— in the years 1912, 1914, 1916, 1918, 1920. 
Wentworth— in the years 1912, 1914, 1916, 19i8, 1920. 
Greenfield- in the years 1912, 1914, 1916, 1918, 1920. 
Danbury— in the years 1912, 1914, 1916, 1918, 1920. 
Hill— in the years 1912, 1914, 1916, 1918, 1920. 
Greenland— in the years 1912, 1914, 1916, 1918, 1920. 
Hampton Falls— in the years 1912, 1914, 1916, 1918, 
Center Harbor— in the years 1914, 1916, 1918, 1920. 
Jackson— in the years 1912, 1916, 1918, 1920. 
Madison — in the years 1912, 1914, 1916, 1918. 
Gilsum— in the yearsi 1914, 1916, 1918, 1920. 
Marlow— in the years 1912, 1914, 1916, 1918. 
Dalton— in the years 1912, 1916, 1918, 1920. 
Stark- in the years 1912, 1914, 1916, 1920. 
Franconia— in the years 1912, 1916, 1918, 1920. 
Landaff— in the years 1912, 1914, 1918, 1920. 
Monroe— in the years 1912, 1914, 1918, 1920. 
Brookline— in the years 1912, 1914, 1916, 1920. 
Dunbarton— in the years 1912, 1914, 1916, 1920. 
Salisbury— in the years 1912, 1914, 1916, 1920. 
Webster— in the years 1912, 1914, 1916, 1918. 
Atkinson — in the years 1914, 1916, 1918, 1920. 
Danville— in the years 1912, 1914, 1918, 1920. 
Newlields— in the years 1912, 1914, 1918, 1920. 
Lee— in the years 1914, 1916, 1918, 1920. 
New Durham— in the years 1912, 1914, 1918, 1920, 
Acworth— in the years 1912, 1916, 1918, 1920. 
Springfield— in the years 1912, 1914, 1916, 1920. 
Unity— in the years 1912, 1914, 1916, 1918. 
Eaton— in the years 1912, 1916, 1920. 
Richmond— in the years 1912, 1916, 1920. 
Shelburne— in the years 1912, 1916, 192( 



1920. 

Digitized by VjOOQIC 



MANUAL OF THE <X>N&TITUTION 301 

1920. 
1920. 



Groton — ^in the years 1912, 1916, : 
Lyman — in the years 1912, 1916, lynv. 
Deering— in the years 1912, 1916, 1920. 
Mason — in the years 1912, 1916, 1920. 
Mont Vernon — in the years 1912, 1916, 1920, 
Newbury — in the years 1912, 1916, 1920. 
East Kingston— in the year^ 1912, 1916, 1920. 
Kensington — in the years 1912, 1916, 1920. 
Sandown— in the years 1912, 1916, 1920. 
Madbury— in the years 1912, 1916, 1920. 
Croydon — in the years 1912, 1916, 1920. 
Goshen — in the years 1912, 1916, 1920. 
Langdon— in the years 1912, 1916, 1920. 
Lempster — in the years 1912, 1916, 1920. 
Washington— m the years 1912, 1916, 1920. 
Albany — in the years 1914, 1918. 
Brookfield — in the years 1914, 1918. 
Chatham — ^in the years 1914, 1918. 
Nelson — in the years 1914, 1918, 
Stoddard— in the years 1914, 1918. 
Sullivan — ^in the years 1914, 1918. 
Surry — in the years 1914, 1918. 
Clarksville — in the years 1914, 1918. 
Dummer — in the years 1914, 1918. 
Errol— in the years 1914, 1918. 
Benton — in the years 1914, 1918. 
Bridgewater — in the years 1914, 1918. 
Dorchester — in the years 1914, 1918. 
Easton— in the years 1914, 1918. 
Hebron— in the years 1914, 1918. 
Litchfield— in the years 1914, 1918. 
Temple — in the years 1914, 1918. 
Newington — in the years 1914, 1918. 
South Hampton — ^in the years 1914, 1918. 
Middleton— in the years 1914, 1918. 
Grantham — in the years 1914, 1918. 
Hart's Location — in the year 1920. 
Roxbury — ^in the year 1914. 
Randolph — in the year 1916. 
Wentworth's Location — in the year 1918. 
Ellsworth — in the year 1914. 
Livermore — in the year 1920. 
Orange — in the year 1916. 
Waterville — in the year 1912. 
Sharon — in the year 1912. 
Windsor — in the year 1918. 



Sect. 3. All acts and parts of acts inconsistent with this act 
are hereby repealed, and this act shall take effect upon its 
passage. 

Approved March SO, 1911. ^.^.^.^^^ ^^ GoOglc 



302 



MAiOJAL OF THE OONflrTITUTION 



POPULATION OP NDW HAMP 
From the Thirteenth CenBUs of the United States, piopulation 



Counties. 


1910. 


1900. 


1890. 


1880. 


1870. 


1860. 


The State 

Bedknap 


430.572 
21.309 
16.316 
30.659 
30.753 
41.652 

126.072 
53.335 
52,188 
38,951 
19,337 


4U.588 
19,526 
16,895 
31.321 
29.468 
40.844 

112.640 
52,430 
51,118 
39,337 
18,009 


376.530 
20.321 
18.124 
29,579 
23,211 
37.217 
93.247 
49,435 
49,660 
38,442 
17 304 


346.991 
17.948 
18,224 
28.734 
18.580 
38.788 
75.634 
46,300 
49,064 
35.558 

IS 1R1 


318,300 
17,681 
17.332 
27.265 
14.932 
39,103 
64,238 
42,151 
47,297 
30.243 
18.058 


326.073 
18.549 


Carroll 


20.465 


Cheshire 

Coos 


27,434 
13,161 


Oraf ton 


42,260 


Hillsborough .... 

Merrimack 

Rockingham .... 

Strafford 

Sullivan 


62,140 
41,408 
50.122 
31,493 
19 041 









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^MtnjXL OF THE OONETITUTIOK 



303 



SHIRB BT COUNTIES, 1790-1910. 

b7 CountlM and Minor CiYil DlYisioni. Bolletln, 19, l^^S. 



1860. 


1840. 


1S30. 


1820. 


1810. 


1800. 


1790. 


817,976 


284,574 


269,328 


244,161 


214,460 


183,868 


141,886 


17,721 














20,157 






^ 








30,U4 


26.429 


27,016 


46,376 


40,988 


38.825 


28,772 


11.863 


9,849 


8,388 


6,549 


3,991 






42,343 


42,3U 


38,682 


32,989 


28,462 


23,093 


13.472 


57.478 


42,494 


87,724 


53,884 


49,249 


43.899 


32,871 


40,337 


36.263 


34,614 










49,194 


46,771 


44,325 


65,246 


60,175 


46,427 


43,169 


29,374 


61.127 


68,910 


61,U7 


41.696 


32,614 


23.601 


19,376 


20.840 


19.669 











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304 



KAINUAL OP THE OONSTITUTION 



POPULATION OP NEW HAMPSHIRE WITH THE TOTAL INCREASE, 

PERCENT. OP INCREASE. AND DENSITY AS SHOWN AT 

EACH CENSUS. 1790-1910. 

Prom Thirteenth Census of the United States. Population by Counties aad 
Minor Civil DiyisionB. Bulletin, pp. 1-8. 



Censufi year. 


Population. 


Total increase. 


Percent of 
increase. 


Density to 
square mile. 


1910 


430,572 


18.984 


4.6 


47.7 


1900 


411,688 


35.058 


9.3 


45.7 


1890 


376,530 


29.539 


8.5 


41.8 


1880 


846.991 


28,691 


9.0 


38.5 


1870 


818.300 


7.773* 


2.4* 


35.3 


1860 


326.073 


8,097 


2.5 


36.2 


1860 


317,976 


33.402 


11.7 


35.3 


1840 


284.574 


15.246 


5.7 


31.6 


1830 


269.328 


25.167 


10.3 


29.9 


1820 


244.161 


29.701 


13.8 


27.1 


1810 


214.460 


30.602 


16.6 


23.8 


1800 


183.868 


41.973 


29.6 


20.4 


1790 


141.885 




.... 


15.8 



* Decrease. 



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MANUAIi OF THE CONSTITUTION 



305 



POPULATION OP CITIES AND TOWNS IN NEW HAMPSHIRE HAVING 
IN 1910 2.500 INHABITANTS OR MORE. AND OP ALL IN- 
CORPORATED VILLAGES, 1910. 1900. AND 1890. 
(Prom Thirteenth Census of the United States, 1910. Population by Counties 
and Minor Civil Divlalons 1910. 1900, and 1890. p. 834.) 



Cities. 



Berlin 

Concord 

Dover ........ 

P^nklln 

Keeno 

Laconia 

Manchester ., 

Nashua 

Portsmouth . 
Rochester .... 
Somersworth 
Towns. 
CUtremont ... 

Con^way 

Derry 

Exeter 

Farmington .. 
Goffstown .... 
Haverhill .... 
Lancaster .... 

Lebanon 

LltUeton ..... 

Mllford 

Newmarket .. 

Newport 

Pembroke 

Walpole 

Villages. 

Hanover* 

Littleton* .... 



County. 



Co5s 

Merrimack . , 

Strafford 

Merrimack . . 

Cheshire 

Belknap 

Hillsborough 
Hillsborough 
Rockingham 

Strafford 

Strafford . . . . 



Grafton 
Grafton 



Sullivan 

Carroll 

Rockingham 

Rockingham . 

Strafford 

Hillsborough 

Grafton 

Oo5s 

Grafton 

Grafton , 

Hillsborough .... 
Rockingham . . j>. 

Sullivan 

Merrimack 

Cheshire 



1910. 



11,780 
21,497 
13.247 
6.132 
10,068 
10,183 
70,063 
26,005 
11,269 
8.868 
6,704 

7,529 
3.413 
5.123 
4,897 
2,621 
2,579 
3,498 
3,054 
5,718 
4,069 
3,939 
3,348 
3,765 
3,062 
2,668 

1,340 
3,059 



1900. 



19,632 

13,207 

5,846 

9,165 

8,042 

56,987 

23,898 

10.637 

8,466 

7.023 

6,498 
3.154 
3.583 
4,922 
2,265 
2.528 
3,414 
3,190 
4,965 
4.066 
3,739 
2,892 
3,126 
3,183 
2,693 



1890 



3,729 

17,004 

12,790 

4,086 

7,446 

6,143 

44,126 

19,3U 

9,827 

7,396 

6,207 

5,565 
2,331 
2,604 
4,284 
3,064 
1,981 
2,545 
3,373 
3,763 
3.365 
3.014 
2,742 
2,628 
3,172* 
2,163 



* Part of Hanover town ; incorporated 

* Part of Llttletown town. 



as Hanover village precinct. 



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306 



MAKTJAL OP THE OONflTITXJTION 



POPULATION OF COUNCILOR DISTRICTS IN NEW HAMPSHIRE, 1910. 
COMPILED FROM THIRTEENTH CENSUS, 1010. 

DistrlctNo 1 82,714 

" 2 102,484 

»« 3 82.075 

" 4 88,878 

" 5 79,370 



POPULATION OF SENATORIAL DISTRICTS IN NEW HAMPSHIRE, 1910. 
COMPILED FROM THIRTEENTH CENSUS, 1010, WITH THE YALUA- 
TION AND AMOUNT OF TAXES PAID IN 1911. 





Amount of 


Amount of 


Population, 
1910. 


Inventory. 
1911. 


taxes paid. 
1911. 


80,753 


017,649,563 


0403,822.21 


20,443 


11,411.662 


286,568.^6 


18,4M 


11,156,564 


200,834.18 


17,790 


10,461,452 


237,870.36 


17,071 


8,470,2-27 


188,686.82 


21,666 


11.420,690 


262,937.89 


18,917 


11.762.968 


240.210 76 


13.716 


9,-^87,894 


176.940 41 


17,015 


10,306.695 


216,528.01 


13,470 


7,764,9<i2 


186.582.16 


17,700 


9,682.467 


206,617.18 


19,680 


10,886,961 


234,309.71 


12,792 


9,719.460 


168,340.17 


13.806 


I0,647,8<i8 


206.451.74 


13,188 
10,15ft 


8,465,343 


162,695.61 


17,915 
41,908 
18,030 










4,976,887 


227,656.08 


21,978 


2,486.899 


294,886.91 


17,183 


9,388,620 


189,491.08 


11,740 


0,286,340 


174,765.44 


16,417 
9,719 











District No 


. 1. 


»♦ 


S 


(f 


8. 


•« 


4. 


ti 


6. 


It 


6. 


*t 


7. 


11 


8. 




9 


11 


10. 


t< 


11 


<« 


12. 


*t 


13. 


tt 


14 


it 


15 


<< 


16. 


«< 


17. 


i« 


18 


t< 


10 


tt 


20 


it 


21. 


tt 


22. 


(i 


83. 


(t 


24 



The €U9se8Bors of the cities of New Hampshire not being required to re- 
port the yaluation and amount ol taxes paid l>y the wards of its cities, 
these statistics are not available for 1911 for the two cities of Manchester 
and Portsmouth, nor those for the valuation of the different wards of 
Nashua. The total valuation and amount "Of taxes paid tor 1911. therefore, 
cannot be stated for the senatorial districts Nos. 16. 17. and 18, among which 
the wards of Manchester are divided, nor for the districts Nos. 23 and 24. 
which embrace different wards of Portsmouth, nor the total valuation ot 
districts Nos. 19 and 20. between which the wards of Naehua are divided. 



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POPULATION OF NEW HAiMPSHIRE BY TOWNS. 

POFCXJ^I^EIOIN] OF N^EW !HiAiMP3HIBX: BY TOWNS AS SHOWN BY THE 

State CEaNsus m 1775 and the Unteed States CEavsufiES 1790— 

1910, AND the NUMBEOEt OF REPBX»ENTATIYES OF EACH TOWN 
ReTUKNED to ,ITHE GjENlHRATi COUBI IN 1784, AND AT EACH 

Decqsinniai. Period, 1791—1911. 

(Compiledl from Province Papers, United States Censuses, 
House Journals, New Haiui)shire Registers, and newspaper 
files.) 

This table includes only existing towns. Each town is en- 
tered under the county to which it now belongs. If at the date 
of any census it belonged to another county this fact is indi- 
cated in the population column. 

In the Representative column c stands for classed town and p 
for a town sending a Representative "a proportionate part of 
the time." A blank in this column signifies that in the given 
year the town failed to return a Representative. 



Digitized by VjOOQIC 



308 



MJLNTJAL OF THE OONBTITUTrON 



ROCKINGHAM 
COUNTY. 



1775 


1784 




i 




> 




5 


§ 




^ 









§• 


% 


PU 


tf 



1790 



1791 



1800 



1801 



1810 



1811 



1820 



1821 



1830 



1831 



i 

a 



AtkiDBon , 

Auburn 

Brentwood 

Candia 

Chester 

Danville 

Deerfield 

Derry 

East Kingston.. 

Epping 

Exeter 

Fremont 

Greenland 

Hampstead 

Hampton 

Hampton Falls.. 

Kensington 

Kingston 

Londonderry 

Newcastle 

Newflelds 

Newington 

Newmarket 

Newton 

North Hampton. 

Northwooa 

Nottingham 

Plaistow 

Portsmouth 

Ward 1 

Ward 2 

Ward 3 

Ward 4 

Ward 5 

Ras^mond 

Rye 

Salem 

Sandown 

Seabrook 

South Hampton. 

Stratham 

Windham 



575 c 



1,100 
744 

1.599 
504 
929 

428 

1,569 

1,741 

552 

759 

768 

862 

645 

797 

961 

2,590 

449 



1,289 
540 



313 



575 
4.590 3 



683 
870 

1,084 
459 
607 
498 

1.137 
529 



479 

976 
1,040 
1,902 

420 
1,619 

358 

1.233 

1,722 

493 

634 

724 

853 

541 

800 

906 

2.622 

634 

542 

1,137 

530 

657 

744 

1,068 

521 

4,720 



727 
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1.218 
561 
715 
448 



474 



1,186 

2,046 

389 

1,878 

392 

1,121 

1,727 

408 

548 

790 

875 

519 

776 

785 

2,650 

524 

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1,027 
450 
653 
950 
964 
469 
5,339 



808 
890 
1,077 
501 
628 
387 
890 
751 



556 

905 
1,290 
2,030 

412 
1,851 

'442 

1,182 

1,759 

462 

592 

738 

990 

570 

781 

746 

2.766 

592 

508 
1,061 

454 

851 
1,095 
1.068 

424 
6,934 



1,020 
1,179 
504 
774 
427 
874 
742 



663 



1,273 

2,262 

421 

2,133 

443 

1,158 

2.114 

453 

634 

751 

1,098 

572 

709 

847 

8,127 

932 

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1,083 

477 

764 
1.260 
1.120 

492 
7,327 



961 
1.127 
1,311 
527 
885 
416 
892 



891 
1,362 
2,039 

5 

2.0 

2,178 

442 

1,263 

2.759 

429 

681 

913 

1,103 

583 

717 

929 

1,469 

850 

'549 
2,013 

510 

767 
1,342 
1,157 

591 
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1,172 ! 

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1 
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1 
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1 
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c 
5 



Digitized by 



Google 



MANTJAL OF THE CONSTirUTION 



309 



1840 


1841 


1850 


1861 


I860 


1861 


1870 


1871 


1880 


1883 


1890 


1891 


1900 


1901 


1910 


1911 




s 




i 




i 




i 




i 




s 




i 




t 








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> 




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5 


1 


K 


% 


1 


i 


i 


^ 


1 


1 


1 


1 


2 


^ 


1 


1 


9 




9 


9 












9 










1 


1 


i 


1 


1 


1 


1 


1 


£ 


1 


1 




£ 


1 


£ 


1 


557 


1 


600 




546 




488 1 502 I 




483 


p 


442 




440 


p 


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810 




886 




815 1 


719 




631 


1 


682 




637 




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923 




887 




895 


1 


999 




967 


1 


957 




759 




1,430 


1 


1,482 




1,575 




1,456 


2 


1,340 




1.108 


1 


1.057 




993 




2,173 


2 


1.301 




1,275 




1,153 




1.136 




958 


1 


861 




818 




538 


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614 




620 




548 




613 




666 


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615 




517 




1.950 


2 


2,022 




2.066 




1,768 




1,569 




1,220 


1 


1,162 




917 




2.034 


2 


1,850 




1.995 




1.809 




2,140 




2.604 


2 


3.583 




5.123 




551 




532 




598 




553 




576 




461 


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496 




413 




1.235 




1,663 




1,414 




1,270 




1,536 




1,721 


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1,641 




1,649 




2.925 




3.329 




8,309 




3,437 




3,569 




4,284 


4 


4.922 




4.897 




429 




509 




579 




527 




624 




726 


1 


749 




622 




726 




730 




762 




695 




695 




647 


1 


607 




575 




890 




789 




930 




935 




959 




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1 


823 




796 




1.320 




1,192 




1,230 




1.177 




1,184 




1,330 


1 


1.209 




1.215 




656 




640 




621 




679 




678 




622 


1 


560 




552 




665 




700 




672 




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614 




547 


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524 




417 




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1,192 




1,216 




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1,080 




1,120 


1 


1,132 




1.015 




1,556 




1,731 




1.717 




1,406 




1,363 




1,220 


1 


1,408 




1,533 




742 




891 




692 




667 


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610 




488 


p 


581 




624 








516 




786 




808 




829 




856 


1 


647 




503 




*543 




472 




475 




414 




433 




401 


p 


390 




296 




2.730 




1,937 




2,034 




1.987 




2,368 




2,742 


2 


2,892 




3.348 




541 




685 




850 




868 




1,006 




1.064 


1 


924 




962 




885 




822 




771 




723 




774 




804 


1 


812 




783 




1.172 




1.308 




1,502 




1,430 




1,345 




1.478 


1 


1,304 




1,059 




1.193 




1,268 




1.297 




1,130 




1,095 




988 


1 


638 




607 




626 




748 




861 




879 




1,002 




1.065 


1 


1.027 




1.173 




7.887 




9,738 




9,336 




















11,269 
















3".726 




3'.26i 




3,366 


'3 


2,644 




2,710 
















3,652 




3,759 




3,730 


3 


3,105 




3,333 
















1,833 




1,115 




1,317 


1 


1.843 




2,174 




.... 
















1.555 




1,480 


1 


1,391 
1,654 




1,560 
1,492 




989 




l!256 


i 


1,269 




i,m 




1,653 




I'.m 


i 


1.100 




1.203 




1,205 




1.295 


1 


1,199 




993 




1.111 




978 


1 


1,142 




1,014 




1.408 




1.555 




1.670 




1,603 




1,809 




1.806 


2 


2.041 




2,117 




625 




566 


i 


553 




496 




500 




475 


p 


400 




380 




1.392 




1,296 


1 


1,549 




1.609 




1,745 




1.672 


1 


1.497 




1.425 




462 




472 


1 


549 




448 




383 




370 


p 


297 




279 




875 




840 




859 




769 




720 




680 


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926 




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753 




695 




632 


1 


641 




656 





Digitized by 



Google 



310 



MANtUAI. OP. THB OONfiTITUTION 



STRAPPORD 
COUNTY. 



1775 



1784 



1790 



1791 



1800 



1801 



1810 



1811 



1820 



1821 



1830 



4 



n 
& 



1881 



s 

a 



I 



Barrlngton .. 
Dover 

Ward 1 .... 

Ward 2 .... 

Ward 3 .... 

Ward 4 .... 

Ward 5 .... 

Durham 

Parmington . 

Lee 

Madbury .... 
Mlddleton ... 

Milton 

New Durham 
Rochester .. 

Ward 1 ... 

Ward 2 ... 

Ward 3 ... 

Ward 4 ... 

Ward 5 ... 

Ward 6 ... 
Rollinsford . 
Somersworth 

Ward 1 ... 

Ward 2 ... 

Ward 3 ... 

Ward 4 ... 

Ward 5 ... 
Strafford . . . 



1,665 
1,666 



1,214 

964 
677 
233 



648 




2,470 
1,998 



1,247 

1,629 
692 
617 

664 
2,867 



943 



2,773 
2,062 



1,126 

1,029 

978 

644 

431 

*742 
2,646 



932 



3,664 
2,228 



1,449 
1,272 
1,329 



1,005 
888 
,118 



878 



1,610 
2,871 



1,638 
1,716 
1,2: 
669 
482 
1,232 
1,168 
2.471 



841 



2,144 



1.896 
6,449 



1,606 
1,464 
1,009 
610 
662 
1,273 
1.162 
2.166 



3,090 



2,200 



Digitized by 



Google 



MAWUAL or THB OONBTrrCTKHJ 



311 



1840 


1841 


1860 


1861 


1860 


1861 


1870 


1871 


1880 


1881 


1880 


1891 


1900 


L901 


1910 


1911 




i 




i 




s 




s 




i 




i 




s 




s 




> 




> 




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► 




> 




> 




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& 


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s 


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1,844 




1,752 


1 


1,963 


2 


1.581 


2 


1.497 


1 


1,408 


1 


1.206 


1 


900 


1 


6,458 




8.196 


6 


8,502 7 








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13,247 


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'742 




1,874 




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2,387 




2^458 














2,880 




2,696 




3.007 




3,018 




8.386 
















4,639 




2,224 




2.276 




2,384 




2,427 
















1,083 




2,950 




3,348 




3,861 




3,584 














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2,043 




1,937 




1,567 




1,392 




1,498 




1.497 


*i 


1,634 




l',298 




962 




871 




996 




823 




1,380 




1.699 


2 


2,276 




2,063 




3,044 




3,064 




2,265 




2,621 




926 




862 .. 


871 




776 




716 




606 




545 




479 




489 




483i 1 


496 




408 




397 




867 




336 




331 




482 




476 


1 


530 




476 




355 




207 




800 




291 




1.322 




1.629 


1 


1.862 




1.598 




1,516 




1,640 




1,625 




1.642 




1,032 




1.049 


1 


1,178 




973 




772 




579 




626 




528 




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2 


3,384 




4.103 




5,784 


5 


7,396 




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1.222 

1,517 

1,894 

964 

1,738 




8.868 
1,176 
1.235 
1,566 
2,043 
987 
1.872 




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1,862 


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2'.669 




1,666 


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l,7i2 


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2,663 


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1,701 




1,836 




8,283 




4,943 


3 


4,787 


4 


4,604 


4 


5.586 


6 


6,207 


6 


1,285 
1,167 
1,104 




6,704 
1.120 
1.186 
1.200 




.... 




.... 




.... 1 . . 


.... 




.... 




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2,183 




2,200 




.... 




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1,284 




998 




2,021 


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1.864 


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1,040 




786 





Digitized by 



Google 



312 



MANiUAI. OF THE OONSTITUTION 





1775 

i 
1 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


1831 


BELKNAP 
COUNTY. 


CO 

> 

s 

a 

Pi 


1 


1 

a 

0. 


d 
c 

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1 


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1 

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Barnstead 

Belmont 

Center Harbor... 

Gilford 

Gilmanton 

L«aconia 

Ward 1 

Ward 2 

Ward 3 

Ward 4 

Ward 5 

Ward 6 

Meredith 


♦100 
♦252 

♦775 

♦259 
•450 


c 

c 


1 

' ! 

L 

L 


♦445 1 
♦807 

♦iieis 

♦88i 

♦652 

♦1,587 


c 

1 

c 
c 

1 


♦721 
♦1.161 

♦263 

♦3;752 

♦i.eoo 

♦1.095 
♦2,695 


c 

1 

c 
2 

i 

c 
1 


♦1.279 
♦1,477 

♦349 

♦4,338 

♦1.946 
♦1,293 
♦2,884 


1 

1 

c 

'2 
i 

c 
2 


♦2,058 
♦1,805 

♦486 
♦1,816 
♦3,527 

♦2.4i6 
♦1,500 
♦3,329 


1 
1 

c 
1 
2 

i 

c 
2 


♦1,993 
♦2,047 

♦577 
♦1,872 
♦3.816 

♦2,683 
♦1,904 
♦2,866 


1 
2 

"i* 
1 
3 

2 


New Hampton... 

Sanbornton 

Tilton 


1 
2 



♦Strafford County. 



Digitized by 



Google 



MANUAL OF THE OQKSTITUTION 



313 



1840 


1841 


1850 


18R1 


1860 


1861 

en 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


1910 


1911 




s 




s 






i 




i 




i 




i 








> 




> 




> 




> 




t 




> 




> 




> 








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a 


1 


1 


1 


1 


1 


p 


1 


3 


1 


I 


g 


p 


1 


5 


9 


1 


2 

3 


1 


9 




1 


I 


9 




9 




1 

■p 


1 


5 

3 


i 


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a 


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o, 


P. 


o. 


o< 


p. 




p. 


a 


p. 


s* 


p< 


a 


p. 


£ 


& 


& 


& 


£ 


s 




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(S 


o 

PL< 


£ 


£ 


0) 

PS 


£ 


_i 


•2,002 


2 


1,795 


2 


2,018 


2 


1,768 


2 


1,476 




1,372 


1 


1.500 


1 


1,348 




♦1.945 


2 


1.848 


2 


1,885 


2 


1,543 




1,296 




1,264 


1 


1,072 


1 


1,081 












1.189 


1 


1,165 




1,226 




1,142 


1 


1,294 


1 


1,390 




^579 


i 


543 


1 


484 


1 


446 




521 




479 


p 


422 


p 


420 




•2,072 


2 


2,425 


2 


2,811 


3 


3,361 




2,821 




3.585 


3 


661 


1 


744 




♦3,485 


3 


3,282 


3 


2,073 


2 


1,642 




1,485 




1,211 


1 


1,100 


1 


968 






•• 






1,806 


1 


2,309 




3,790 




6,143 


5 


iii 

1,466 
1,073 
1.466. 
1,488 
2,137 


2 
2 

1 
2 


10,183 
1.133 
2,031 
936 
1,886 
1.941 
2.266 




♦3,351 


3 


31521 


3 


1,944 


i 


I'.m 


2 


i,m 


2 


1.642 


"i 


1,713 


i 


1,638 




•1,809 


1 


1,612 


1 


1,596 


1 


1,257 


1 


1.059 


1 


935 


1 


852 


1 


821 




•2,745 


3 


2.685 


3 


2,743 


2 


1,286 


1 


1,192 


1 


1.027 


1 


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1 


850 






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1.147 


1 


1,282 


1 


1.521 


1 


1,926 


2 


1,866 


2 



•Strafford County. 



Digitized by 



Google 



314 



MANTUAL OF THE CONSTITUTION 



CARROLL 
COUNTY. 



1776 



1784 



1790 



1791 



I 

O, 



1800 



1801 



1810 



1811 



5 



1820 



5 



1821 



188« 



1831 



Albany 

Bartlett 

Brookfleld 

Cbatbam 

Conway 

B^ton 

Effingham 

Freedom 

Hart's Location. 

Jackson 

Madison 

Moultonborough.. 

Ossipee 

Sandwich 

Tamworth 

Tuftonborough .. 

Wakefield 

Wolfeboro 



•273 
'♦83 



•272 

•26 

♦245 

♦151 

♦320 
♦211 



♦141 
t248 

*t58 
•674 
♦253 
♦154 



♦565 
♦339 
♦905 
♦266 
♦109 
♦646 
♦44'^ 



c 


♦264 





♦194 


C 


♦209 


c 


♦326 


c 


t548 c 


t436 


c 


t5U| c 


t644 


, , 


♦504 c 


♦657 


c 


♦690 c 


♦671 


• • 


tl83 .. 


t201 


c 


t298 


c 


♦419 


c 


♦705 


♦1.080 


1 


♦1.365 




♦1,601 


c 


♦381 d 


♦535 


c 


♦1,071 




♦1,432 


.. 


♦451 1 c 


♦876 


c 


♦1.368 


.. 


♦1.911 




.... 




*t35 


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't65 


* ' 


t33 




tl80 


c 


t244 


c 


t363 




t515 


c 


♦857 


c 


♦994 


• * 


♦1.279 


*j 


•1.422 


c 


♦804 


c 


♦1,205 




♦1,793 




•1,936 


c 


♦1.413 




♦2,232 




♦2,368 




•2,743 


c 


♦T57 


o 


•1,134 




•1,442 




•1.654 


c 


♦357 


c 


♦709 




•1,282 




•1.875 




♦835 


1 


♦1,166 




♦1,518 




♦1,470 


c 


♦941 


1 


♦1,376 




♦1,794 




♦1.928 



♦Strafford County. 
tCooB County. 



Digitized by 



Google 



MANTTAL OF THE OON8TITUTIOK 



315 



1840 


1841 


1860 


1861 


1860 


1861 


1870 


1871 


18S0 


1881 


1890 


1891 


1900 


1901 


1910 


L911 




(B 




8 




« 




n 




« 




CO 




K 




m 




O 






tf 




c 




a> 




V 




9i 




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33 


















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1 


c 




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1 




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1 


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1 


1 


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1 


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9 


3 


S 


3 


t 


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3 


t 


3 


1 


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i 


5 

9 


s 


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A 


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o, 


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& 


£ 


& 


& 


S 


£ 


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£ 


& 


£ 


>g 


£ 


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♦406 


c 


456 




430 




339 




361 


c 


377 


P 


210 


p 


289 


p 


t706 


1 


t761 




735 




629 




tl.044 


1 


1,247 


1 


1.013 


1 


1.197 


1 


•653 


1 


652 




510 




416 




428 


c 


349 


P 


296 


p 


247 


P 


♦523 


c 


516 




489 




446 




421 


p 


329 


P 


267 


p 


209 


P 


♦1,801 




1,767 




1,624 




1.607 




2.094 


2 


2,331 


2 


3.154 


3 


8.413 


3 


♦1,710 


1 


1,743 




780 




657 




629 


1 


514 


P 


365 


P 


380 


P 


♦1,195 


1 


1,252 




1,209 




904 




866> 


1 


720 


1 


600 


1 


558 


P 


♦926 


1 


910 




917 




737 




714 


1 


630 


1 


594 


P 


542 


P 


t44 


c 










26 




70 


c 


187 


P 


38 


P 


85 


P 


t584 


c 


t589 


c 


631 




474 




464 


c 


579 


P 


624 


1 


452 


P 










826 




646 




586 


c 


554 


P 


529 


P 


507 


P 


♦1.752 




1,748 


*i 


1,448 




1,299 




1,254 


1 


1,034 


1 


901 


1 


783 


1 


♦2,170 


2 


2,128 


2 


1,997 




1,822 




1,782 


1 


1,630 


1 


1.479 


1 


1.354 


1 


♦2,625 


2 


2.577 


2 


2,227 




1.854 




1,701 


1 


1,303 


1 


1.077 


1 


928 


1 


♦1,717 


1 


1.766 




1,678 




1,344 




1,274 


1 


1,026 


1 


1.050 


1 


993 


1 


♦1,281 


1 


1,305 


i 


1,186 




949 


- 1 


923 


1 


767 


1 


663 


1 


612 


1 


♦1.396 




1,405 


1 


1.478 




1.185 




1.392 


1 


1,528 


1 


1.645 


1 


1,543 


1 


•1,918 


2 


2,088 


2 


2,300 


2 


1,995 


2 


2,222 


2 


3.020 


3 


2.390 


2 


2.224 


2 



♦Strafford County. 

tCoos County. 

tThe returns for Hart's Location were given with Bartlett for 1880. 



Digitized by 



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316 



MANTAL OF THE OOiNSTITUTION 





1776 


1784 


1780 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


1831 


HILLSBOROUGH 
COUNTY. 


i 


> 
a 

p. 
v 


1 


1 

t 


§ 

i 


> 
zi 
S 

0, 


§ 

1 


i 

> 

1 
1 


d 



1 
1 


i 

1 
i 


1 

1 


S 

>- 

1 


Amherst 

Antrim 

Bedford 

Bennington 

Brookline 

Deering 

Francestown 

Goftstown 

Greenfield ..•: 

Greenville 

Hancock 

Hillsborough 

Hollis 

Hudson 

Litchfield 

Lyndeborough 

Manchester 

Ward 1 

Ward 2 

Ward 3 

Ward 4 

Ward 5 

Ward 6 

Ward 7 

Ward 8 

Ward 9 

Ward 10 

MAson 

Merrimack 

Milford 

Mont Vernon 

Nashua 


1,428 
**495 

"m 

831 
.... 

:::: 

1.255 
649 
284 
713 
285 

501 
606 
.... 

■705 

569 
960 
•749 
546 

*49i 
837 
623 


1 
c 



c 
c 

i 

c 
c 

1 

1 

"i 

•• 

;: 

l 

i 

i 

1 

c 

c 
1 
1 


2,369 

528 
898 

928 

982 

1,275 

634 

798 
1.441 
1,064 

357 
1.260 

362 

922 
819 

632 

1.262 

1.241 

♦791 

861 

259 

747 

1.924 

1,106 

120 


1 
C 

1 

c 

c 
c 

1 
i 


1,470 
1.059 
1.182 

'454 
1.24i 
1,355 
1,612 

934 

l'.i26 

1,311 

1.657 

1,267 

372, 

976 

557 

1,179 
926 
939 
680 
862 

l,49i 


1 
c 

1 

i 

1 
1 
c 

'i 
1 
1 
1 

i 

i 

1 
c 

i 

:; 

1 


1.554 

1,277 
1,296 

538 
1.363 
1,451 
2.000 

980 

1.184 
1,592 
1.529 
1.376 

382 
1,074 

615 

1*677 
1.048 
1,U7 
762 
1.049 

.... 


:::: 

1.619 


1 

c 

1 

i 

1 
1 
1 

c 

i 
1 
1 
1 
c 

1 

c 

*i 
1 

1 
1 
1 

i 

1 
1 
1 

'i 
2 
1 
c 


1.622 
1,330 
1.375 

'592 
1.416 
1.479 
2.173 
974 

I'.iis 

1.982 
1.543 
1,227 

466 
1,168 

761 

I'iii 

1.162 

1.243 

729 

1,142 

1.686 

1.278 

•1.040 

1,500 

391 

752 

2.781 

1,070 

237 


1 

'i 

1 
1 

*i 

c 


1.657 
1,309 
1.564 

-6^ 
1.227 
1.540 
2.213 

946 

l'.2i6 
1,792 
1,501 
1,282 

506 
1,147 

877 

1,403 

1.191 

1.303 

763 

2,417 

1,686 

1,673 

1,075 

1,984 

371 

647 

2,430 

1.041 

226 


1 
1 

1 

*i* 

1 
1 
2 

1 

*i' 
1 

1 
1 
1 
1 
1 

i' 
1 
1 
1 
2 


Ward 1 

Ward 2 

Ward 3 

Ward 4 

Ward 5 

Ward 6 

Ward 7 

Ward 8 

Ward 9 

New Boston 


i* 


New Ipswich 

Pelham t r t t - . 


1.266 1 . . i i;396 

•918 1 , ^998 

1,333 1 1 1,537 

428 . . 1 446 

867, 1 I 941 

2.517 1 I 2.634 

1,010 1 ; 1,017 

249 c 1 238 


1 
1 


Peterborough 

Sharon • • . . • ■ 


1 
1 


Temple 

Weare 


1 
2 


Wilton 


1 


Windsor 


c 




1 •••• 





•Rockingham County. 



Digitized by 



Google 



MANUAL OF THE CONSTITUTION 



317 



1840 It! 


41 1850 1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


1910 


1911 


< 


Q 


i 




i 




u5 

Of 








09 




i 




i 






> 




> 




> 




> 




> 




> 




> 




1 


zi 




































"S 




"S 












s 


1 ] 


1 1 


5 


1 


a 


1 


a 


1 




a 

O 


5 


1 


* 


1 


5 

a 


1 i 


2 9 




♦3 

9 




3 




3 

p 


% 
^ 


9 


S 
^ 


9 




9 




c. c 


a. a 


p. 


P. 


a 


c 


a 


o. 


a 


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o. 


c 


o. 


o. 


A 


£ i 


\i o 


<u 


O 


a> 


o 


^ 


o 


a> 


o 


o 


o 


0^ 


o 


a> 


i tu 


tf 


Ph 


tf 


CXh 


tu 


ti 


tu 


ta 


PU 


tf 


Pu 


tf 


1.565 


1 1,613 


1 1 


1,508 




1,353 1 


1 

1.225 1 1 


1,063 1 


1 
1,231 1 1 


1,060 


1 


1.225 


1 1,143 1 1 


1,123 




904 1 


1.172 1 


1,248 1 


1,366 1 


1.236 


1 


1,556 


1 1,905 2 


1,172 




1,221 


1 


1,204 1 


1,102 1 


1,148 1 


1.110 


1 




. 541 1 


450 




401 


1 


443, p 


542 , p 


667 1 


690 


1 


652 


I 718 1 


756 




741 


1 


698 1 


548' p 


506 1 


501 


P 


1.124 


1 890 1 


793 




722 1 1 


674! 1 


531 p 


486 p 


353 


P 


1.307 


1 1,114 1 


1,082 




932 1 


937 1 


837 1 


693 1 


602 


1 


2,376 


2 2,270 2 


1.740 




1.656 2 


1.699 1 


1.981 2 


2,528 1 2 


2,579 


2 


834 


1 716 1 1 


692 




527 1 


649 1 


607 1 


POq 1 


574 


P 




1 . . 








1,072, 1 


1.266 1 


Ijm 1 


1,374 


1 


1*345 


1 1,012 1 


*844 




692 i 


689 


1 


637 1 


fri:J 1 


642 


1 


1,807 


2 1,685 


2 


1,623 




1,595 


2 


1.646 


1 


2.120 , 2 


Z.:^A 2 


2,168 


2 


1,333 


1 1,293 




1,317 




1.079 


1 


1,077 


1 


1.000 1 


mo 1 


935 


1 


1,148 


1 1,312 


1 


1,222 




1.066 


1 


1,046 


1 


1,092 1 


l.LM ; 1 


1.344 


1 


480 


1 1 447 




362 




345 


1 


291 p 


262 p 


243 1 p 


255 


P 


1.032 


1 1 968 




823 




820 i 1 


818 


1 


657 1 


6S6 1 


660 


1 


3,235 


3 13,932 




















70.063 










3;364 


2 


4*,684 


2 


2',692 


*2 


3*,868 *3 


a'.Bas *3 


3.508 


■3' 








2,504 


2 


2.460 


2 


2,421 


2 


3,488 3 


6,^1 5 


6.642 


6 








3,192 


3 


4.296 


4 


6,200 


5 


7,132 6 


7,320 6 


8.427 


7 








3,442 


3 


4,073 


3 


5,981 


5 


6,837 6 


B32^ 6 


7.624 


6 








3,200 


2 


3,170 


3 


6,845 


6 


7,551 6 


6, cm ! 8 


9.993 


8 








2.863 


2 


3,253 




3,283 


3 


4,665 


4 


i.sm, 4 


6,663 


6 








1,031 




1,660 


*i 


2,417 


2 


2.194 


2 


1.757 • 1 


1,864 


2 








611 




540 1 


2,791 


2 


8,401 


7 


^,ms 5 

7.9S« 1 7 


7.363 

10.831 


6 
9 




















.... 


:: 


4,:t!34 


4 


7.158 


6 


l'.275' 


i 1^626 




1^559 




1^364 




646 




629 : 1 


4m 


P 


325 


P 


1,114 


1 1,250 




1.119 




1,066 




1,042 




961 1 1 


1,234 


1 


1,039 


1 


1,456 


1 2,150 




2,223 




2,606 




2,398 




3,014 3 


Z.l^ \ 3 


3,939 


3 


720 


1 722 




726 




601 




517 




479 p 


"ir,:! 1 p 


413 


P 


6,054 


4 5,820 




10.066 


10 












...... 


26,006 














l,i63 




1,416 




2,020 2 


2.;^4. 2 


2,678 


2 












1.376 


1 


1,361 




1,823 2 


£.271 2 


2.149 


2 












7b7 




1,376 




2,464 2 


3.47fi 3 


3,487 


3 












718 




1,205 




1,438; 1 


i,r>7ij 1 


1.517 


1 


. .. .' 










1,884 




1.730 




1,653 ' 1 


ISkA 1 


1,932 


2 


-»...• 










2,494 




3.527 




5,138 4 


lJ4i> 1 


1,649 


1 












1,204 




1,466 




2,604 2 


3,477 3 


3,687 


3 












937 




1,327 




2,171 2 


a.iXS2 3 
4,;'-ll 1 4 


3,920 
5,086 


3 

4 


1,569 


i 1,477 




1,369 




1.241 




1,144 




1,067 i 


1,002 1 1 


982 


1 


1,578 1 


1 1,877 




1,701 




1,380 




1,222 




969 1 


su! 1 


927 


1 


1.003 


1 1,071 




944 




861 




848 




791 


1 


875 1 1 


826 


1 


2,163 


2 2.222 




2,265 




2,236 




2,206 




2,507 


2 


2,527 ! 2 


2,277 


2 


261 


1 226 




260 




182 




203 




137 


P 


122 ' p 


71 


P 


576 


1 579 




501 




421 




402 




342 


P 


ai;^ p 


284 


P 


2.375 


2 2,436 




2.310 




2,092 




1,829 


2 


1,650 


1 


i,Fj:jS 1 


1,325 


1 


1,033 


1 1,161 




1,369 




1,974 


2 


1,747 


1 


1,850 


2 


i.fise 1 


1,490 


1 


177 


c 172 




136 




81 


1 


65 




62 


P 


m p 


24 


P 



Digitized by 



Google 



318 



MANtTAL OP THB OOlNfiTirUTION 





1776 


1784 


1790 


1791 


1800 


1801 


1810 


ISlt 


1820 


1821 


1830 


1831 


MERRIMACK 
COUNTY. 


1 
1 
1 


i 

> 

a 

a 

1 
1 


1 

at 

I 


i 

> 

Si 


§ 
% 

9 

1 


> 

3 

a 

1 


1 
9 

1 


1 

a 

1 


% 


t 
1 

a 


1 

1 




Allenstown 

Andover 

Boscawen 

Bow 


♦149 .. 

tl79 .. 
t585| .. 
♦350 1 o. 


♦264 
t645 

tl.l08 
♦668 
t217 

♦1,038 
♦491 

♦1,747 

;:;: 
:::: 

nil 

t917 
♦799 

n!i27 

t312 

tl*,7i5 
♦1,084 
t331 
t3U 
♦606 
♦956 
♦888 
tl.372 
t520 
t863 


c 
i 

i 

c 

1 

c 

c 
c 

*i 

1 

*i 

c 
2 

i 


♦315 
tl.l33 
n.414 

♦719 

t740 
♦1.114 

♦775 
♦2,052 

ti.22a 

♦1,034 

tl.476 
t61S 

t2,6i6 

♦1,279 
t626 
t617 
♦925 
♦982 
♦987 

n.767 
t878 

n.569 


c 

1 
1 
c 
c 

1 
1 
1 

c 

1 
1 

*i 

c 

*i 

1 

c 
c 

1 
1 
1 
1 

c 

1 


♦846 
n.259 
tl.829 

♦729 
tl,034 
♦1,526 

♦951 
♦2,393 

! !!'. 
.... 

:::: 

^346 
tl,256 
♦1,156 

tl,668 
t896 

t2,2i6 
•1,472 
t568 
t692 
♦1,057 
♦1,153 
♦1,060 
tl.913 
tl.328 
tl.838 

t298 


c 
c 

2 

•; 
'. ] 

G 

1 
1 

C 


•433 

tl,642 
t2,llS 
♦935 
tl,318 
♦1,696 
♦1,010 
♦2,888 

tl.450 
♦1,336 

tl.906 

tm 

t2,«7 
♦1,694 

♦1,304 
♦1,256 
♦1,178 
t2.016 

teio 


2 

•• 

i 

1 
*i 


481 
1.324 
2,093 
1,065 
1.285 
1.663 
1.084 
3,727 

i786 
1,067 
1,418 
1,370 

1*725 

n.090 

880 

2,474 

1,642 

798 

913 

1.169 

1.312 

1.271 

1,379 

1,424 

2,221 

834 




Bradford 

Canterbury 

Chichester 

Concord 

Ward 1 

Ward 2 

Ward 8 

Ward 4 

Ward 5 

Ward 6 

Ward 7 

Ward 8 

Ward 9 

Danbury 

Dunbarton 

Ei>Bom 


♦723 

♦418 

♦1,062 

t497 
♦387 

t367 
tl96 

tl',685 
♦349 
tl30 

♦744 
t498 
t262 


c 
c 

1 

c 

c 
c 

'i 

1 

c 

1 c 

1 

c 

1 

c 
c 


1 

1 
1 


Franklin 

Ward 1 

Ward 2 

Ward 3 

Hennlker 

Hill 


1 


Hooksett 

Hopklnton 

Lioudon 




Newbury 

New London.... 

Northfield 

Pembroke 

Pittsfield 

Salisbury 

Sutton 

Warner 

Webster 

Wllmot 


i 







•Rockingham County. tHiUsborough County. (Orafton County. 



Digitized by 



Google 



MANUAL OF THE CONSTITUTION 



319 



1810 


1841 


1850 


1861 


1800 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


1910 


1911 




d 




» 




m 




n 




d 




d 




d 




d 




o 




o 




a> 




4> 




v 




« 








9) 




> 




> 




> 




> 




> 




> 








> 












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1 

3 


1 


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1 






1 


1 


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a 


a 



n 

as 


1 


1 


1 

a 


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•-4 


g 


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K- 1 



g 


.-. 


z 


9 


g 


9 


g 




a 


1 


a 




0. 




a 


Q, 






A 


0, 


a 


a 




£ 


^ 


& 


£ 


& 


£ 


£ 


& 


& 


£ 


& 


& 


& 



0* 


& 


455 




526 




414 




804! 1 


1,707 1 


1,476 


1 


1,496 


1 


1,467 




1.1«8 




1,220 




1,243 




1,206 1 1 


1,204 1 


1.090 


1 


1.179 


1 


1.201 




1.965 




2.063 




2,274 




1,687 i 1 


1,381 1 


1.487 


1 


1,455 


1 


1,240 




1.001 




1,055 




909 




745 1 


734 1 


T25 


1 


617 


1 


676 




1.831 




1,341 




1.180 




1,0«1 ' 1 


960 


1 


810 


1 


805 


1 


695 




1,643 




1,614 




1,522 




1.169 1 


1,083 


1 


964 


1 


821 


1 


680 




1.028 




997 




1,041 




871 .. 


784 


1 


661 


1 


598 


P 


606 




4.897 




8,676 




10,8d6 












, 


, . 




21,497 
















1,439 i 


1.62i 


*i 


1.848 


2 


1,911 


*2 


1,964 




. . . • 








.... 




829' 1 


762 


1 


863 


1 


758 


1 


688 




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.... 




717 i 1 


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2,232 2 


2,436 


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2,667 


2 


2.609 


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2,612 




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2,736 


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3,130 


3 


3,604 3 


3,390 


3 


4.196 
















1.489 


1 


1,621 


1 


2,883 2 


8,178 
1.212 
1.892 


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2 


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1,268 
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i 


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592 




950 




915 


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901 




778 


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524 p 


661 


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513 




1.205 




1.366 


1 


1,216 




998 


1 


909 


1 


815: 1 


771 


1 


726 




1.280 




1,261 


1 


1.600 




2,301 


3 


3,265 


3 


4,085 3 


1.572 
2,866 
1,909 


*i 
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2 


6,132 
1.429 
2.664 
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1.715 




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603 


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1,257 




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2.466 




2,169 


2 


2,178 




1.814 




1,836 




1.817 


2 


1,652 


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1,640 




1,552 


2 


1.638 




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1.228 


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897 




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1 


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1,362 




1,387 


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2.038 


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1,667 




1.537 




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♦Grafton County. 



Digitized by 



Google 



320 



MA^rUAL OF THE OOKSTITimON 



1776 1784 



1790 1791 1800 



1801 



1810 



1811 1820 



1821 



1830 



1831 



CHESHIRE 
COUNTY. 






AlBtead 

Chesterfield ... 

Dublin 

Fitzwilliam ... 

Gllsum 

Harrisville 

Hinsdale 

JafFrey 

Keene 

Ward 1 

Ward 2 

Ward 3 

Ward 4 

Ward 6 

Marlborough .. 

Marlow 

Nelson 

Richmond 

Rindge 

Roxbury 

Stoddard 

Sulliyan 

Surry 

Swanzey 

Troy 

Walpole 

Westmoreland 
Winchester — 



317 


1 


1,111 


874 


1 


1.905 


305 


c 


901 




c 


1,038 


178 


c 


298 
'522 


351 


1 


1,235 


756 


1 


1,314 


322 


c 


*786 


207 


c 


313 


186 


c 


721 


864 


1 


1.380 


542 




1,143 


224 


c 


701 
220 


215 


c 


448 


647 


1 


1,157 


658 




l'.245 


758 


i 


2,018 


1,238 


1 


1.209 



1.666 
2.161 
1.188 
1.240 
484 

'634 
1,341 
1,645 



1,185 

543 

977 

1,390 

1,196 

i.iis 

488 

569 

1.271 



1 1.743 
1 2,066 
1 1.413 



1 


1.694 


1 


1,611 




1,659 


1 


1,839 


1 


2,110 




2,046 


1 


1.184 


1 


1,260 




1,2L8 


1 


1,301 


1 


1,167 




1,229 


c 


513 


c 


601 




642 


i 


'740 


i 


'890 




'937 


1 


1,336 


1 


1.339 




1,354 


1 


1,646 


1 


1.895 




2,374 


*i 


l,i42 




'766 




822 


c 


566 




597 




645 




1,076 




907 




875 




1,290 




1,391 




1,301 




1,226 




1,298 




1,269 








366 




322 




l.i32 




1,203 




1.159 




516 




682 




555 




564 




570 




539 




1,400 




1,716 




1.816 








676 




676 




1.894 




2,020 




1,979 




1,937 




2,029 




1,647 




1,478 




1.849 




2,052 



Digitized by 



Google 



MANUAL OF THE OOfNBTITCrTrON 



321 



1840 


1841 


1800, 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


1910 


1911 




s 




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£ 




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9 


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9 


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2 


9 


2 


9 


g 


3 


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t 


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1 




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1 


£ 




1 


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1 


Pi 


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1 


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1,454 




1,426 




1,318 




1,213 




1.087 




870 


1 


799 


1 


711 


1 


1,765 




1,680 




1.434 




1,289 




1.173 




1.046 


1 


981 


1 


770 


1 


1,075 


J 


1.088 


Cl 


1,096 




930 




456 


p 


582 


P 


620 


1 


571 


P 


1,366 




1.4S2 




1.294 




1,140 




1,187 




1.122 


1 


987 


1 


1,148 


1 


656 




668 




676 




590 




663 




643 


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590 


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623 


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1.968 




i',3ii 




1^342 




1.868 




2.258 


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2 


1,673 


1 


1.411 




1.497 




1.453 




1.256 




1.267 




1.469 


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1.891 


2 


1.895 


2 


2,610 




3.392 


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4,320 




5,971 


6 












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10.068 


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1.384 


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1.671 


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1.926 


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1.974 


2 


















1,166 




1.215 


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1.366 


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1.286 




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701 




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438 




332 


P 


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P 


231 


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1,128 




1,015 


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P 


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P 


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P 


1,161 




1.274 




1,231 


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1,107 




934 




996 


1 


856 


1 


706 


1 


286 




260 




212 


1 


174 




126 


c 


129 


P 


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P 


66 


P 


1,006 




1.106 




944 


1 


667 




553 


c 


400 


P 


367 


P 


257 


P 


496 




468 




376 


1 


347 




382 


c 


337 


P 


287 


P 


266 


P 


481 




556 




389 




318 




326 


c 


270 


P 


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P 


213 


P 


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2,106 




1.798 


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1,626 




1,661 


1 


1.600 


1 


1.570 


1 


1,656 


1 


683 




759 




761 


1 


767 




796 


1 


999 


1 


1,527 


1 


1,331 


1 


2,015 


2 


2,034 




1,868 


2 


1,830 




2.018 


2 


2.163 


2 


2,693 


2 


2.668 


2 


1,546 




1,678 




1,285 


1 


1,266 




1,096 


1 


830 


1 


875 


1 


768 


1 


2,065 


2 


3,296 


2 


2.225 


2 


2.097 


2 


2.444 


2 


9..f^84 


2 


2.274 


2 


2.282 


2 



Digitized by 



Google 



322 



]o:nVal of the constitution 



1776 



1784 



1790 



1791 



1800 



1801 



1810 1811 



1820 


1821 




i 




> 




v 


d 


n 






1 


1 


o 


«j 


Pu 


tf 



1830 



1831 



SULLIVAN 
COUNTY. 



1 



Acworth 

Charlestown 
Olaremont . . 

Cornish 

Croydon 

GoBhon 

Grantham . . 

Langdon 

Lempster 

Newport 

PUdnfleld ... 
Springfield .. 
Sunapee .... 

Unity 

Washington 



t594 
t523 
t309 
tl43 

t74 

ti28 
tl57 
t308 

't65 
tl46 
tl63 



t704 

tl,093 

tl.436 

t982 

t537 



t244 
t415 
t780 
tl,024 
t210 
t267 
t538 
t545 



tl,376 
tl,364 
tl.888 

n,m 

t984 
t383 
t713 
t484 
t729 
11,286 
tl.435 
1670 
t366 
t902 
t819 



tl,523 
tl,601 
t2.004 
tl,606 
t862 

tses 

t864 

t632 

t864 

n,427 

tl.468 

t814 

t447 

tl,044 

t820 



11,479 




1,401 


11,702 




1.773 


V2.,m 




2,528 


11,701 




1.687 


tl.4)60 




1,057 


t687 




772 


tlj)82 




1.079 


fiS54 




667 


ID50 




999 


tl.^T9 




1,913 


tl.460 




1,681 


r967 




1.202 


1(103 




637 


tl.377 




1.258 


*992 


' ^ 


1.135 



tCheshire County. 



Digitized by 



Google 



MJLNtrAL OP THE CONSTITUTION 



323 



1840 1841 



1850 



1851 



1860 



1861 



1870 1871 



1880 1881 



1890 



1891 



1900 



1901 



1910 



1911 



1 



o 
:3 



I 



5 

I 



1,450 

1,722 

3,217 

1,726 

956 

779 

1,036 

615 

941 

1.958 

1,552 

1,252 

795 

1.238 

1.103 



1,251 

1,644 

3,606 

1,606 

861 

659 

784 

575 

906 

2,020 

1.! 

1,270 

787 

961 

1,053 



1,180 

1,758 

4,0^ 

1.520 

755 

576 

648 

478 

820 

2.077 

1,620 

1.021 

778 

887 

897 



1,050 

1,741 

4,063 

1,334 

652 

507 

608 

411 

678 

2.163 

1.589 

781 

808 

844 

839 



1 


982 




717 


2 


1.567 




1,466 


4 


4,704 




5,565 


1 


1,156 




954 


1 


606 




512 




511 




384 


i 


540 




424 


1 


364 




306 


1 


602 




519 


2 


2,612 




2,623 


a 


1.372 




1,173 


1 


732 




540 


1 


895 




900 


1 


814 




653 


1 


682 




569 



604 


P 


1,473 


1 


6,498 


6 


962 


1 


372 


P 


345 


p 


374 


P 


339 


P 


391 


P 


3.126 


3 


1,114 


1 


439 


P 


946 


1 


572 


P 


464 


P 



536 

1,496 

7,529 

1,006 

324 

329 

286 

340 

883 

3.706 

987 

422 

1.071 

504 

360 



Digitized by 



Google 



324: 



MANUAL OF THE OONSTITDTTON 



1776 


1784 


1790 




i 






> 












*j 




o 


3 


o 


:i 


2 


^ 


A 


p< 


a 


£ 


£ 


£ 



1800 1801 1810 1811 



1820 1821 



1880 



1831 



GRAFTON 
COUNTY. 



Alexandria 

Ashland 

Bath 

Benton 

Bethlehem 

Bridgewater . . . 

Bristol 

Gampton 

Canaan 

Dorchester 

Easton 

Ellsworth 

Enfield 

Franconia 

Grafton 

Groton 

Hanover 

Haverhill 

Hebron 

Holdemess 

Landaff 

Le/banon 

Lincoln 

Lisbon 

Littleton 

Livermore 

Lyman 

Lyme 

Monroe 

Orange 

Orf ord 

Piermont 

Plymouth 

Rumney 

Thornton 

Warren 

WatervUIe 

Wentworth 

Woodstock 



137! c 
144 



190 
67 



50 



118 
434 
365 

172 
40 
347 

**47 



252 



168 



237 
117 



c 


298 


c 


493 


c 


88 


.. 


'28i 


c 


395 


c 


483 


c 


175 


c 


"m 


c 


72 


c 


403 


c 


373 


1 


1.380 


c 


552 


c 


■3*29 




292 


1 


1,180 




22 


c 


313 


c 


96 


c 


'262 


c 


816 


c 


131 


c 


540 


c 


426 


c 


625 


c 


411 


c 


385 


c 


206 


c 


241 



303 


c 


409 


825 


*i 


1.3i6 


69 


c 


162 


171 


c 


422 


664 


c 


1,104 


635 


c 


873 


835 


1 


1,094 


349 


c 


537 


* 47 


c 


142 


1,121 


1 


1,291 


129 


c 


358 


682 


c 


931 


391 


c 


549 


1,912 


1 


2,135 


805 


c 


1,106 


281 


c 


563 


531 


c 


835 


461 


c 


650 


1,574 


1 


1,808 


41 


c 


100 


663 


c 


1,126 


381 


c 


873 


633 


c 


948 


1,318 


1 


1.670 


m 


c 


229 


988 


1 


1.265 


670 


c 


877 


743 


1 


937 


624 





765 


535 


c 


794 


336 


c 


506 


488 


c 


645 


83 


c 


203 



707 


c 


1.083 


1.498 


1 


1.626 


315 


c 


441 


467 


c 


665 


727 


1 


783 


675 


1 


799 


1,047 


1 


1,313 


1.198 


1 


1,428 


584 


c 


702 


"213 


c 


*234 


1,370 




1,492 


873 


c 


443 


1,094 


1 


1,207 


688 


• c 


689 


2,222 


2 


2,361 


1,609 


1 


2,153 


572 


c 


538 


1,160 


1 


1.429 


769 


1 


951 


1,710 


1 


1.868 


32 


c 


50 


1,126 


1 


1,485 


1.096 


1 


1,435 


1,270 


'i 


1,321 


1.824 


1 


1,804 


298 


c 


406 


1,568 


1 


1,829 


1,016 


1 


1.042 


983 


1 


1.175 


864 


1 


993 


857 


1 


1,049 


544 


c 


702 
69 


807 


1 


924 


224 


c 


291 



Digitized by 



Google 



MAKUAL OF THE CONSTITaJTION 



3:35 



1840 


1841 


1860 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


1910 


1911 




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00 




09 




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n 




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m 




v 




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5 


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c 



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c 
5 


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1 


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c 


1 


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cu 


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CJ 


5 


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£ 


2 


^ 


1 


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g 


J 


S 


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9 


t 


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9 


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Pi 


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IK 


tu 


tf 


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Pi 


1.284 


1,273 


1 


1,253 


1 


876 


1 


828 


1 


679 


1 


630 


1 


571 


P 














885 


1 


960 


1 


1,193 


1 


1.289 


1 


1,412 


1 


1,695 


i 


1,574 


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1,366 


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1,168 


1 


1,032 


1 


936 


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378 


P 


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P 


209 


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219 


P 


779 


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896 


1 


998 


1 


1,400 


1 


1.267 


1 


1.261 


1 


i;201 


1 


747 


1 


667 


1 


560 


1 


463 


1 


384 


c 


3S2 


p 


244 


P 


187 


P 


1,1S3 


1 


1,108 


1 


1,124 


1 


1,416 


1 


1.352 


1 


1,624 


1 


1,600 


1 


1,478 


1 


1,513 


1 


1,439 


1 


1.S20 


1 


1,226 


1 


1.163 


1 


962 


1 


999 


1 


846 


1 


1,676 


1 


1,682 


2 


1,762 


2 


1,877 


2 


1,762 


1 


1,417 


1 


1,444 


1 


1.406 


1 


769 


1 


711 


1 


691 


1 


689 


1 


585 


c 


379 


p 


306 


P 


241 


P 






.... 












302 


c 


248 


P 


249 


P 


226 


P 


366 


c 


320 





"m 


c 


193 


c 


209 


c 


150 


p 


107 


P 


46 


p 


1,614 


1 


1.742 


2 


1,8Y6 


2 


1,662 


2 


1,680 


1 


1,439 


1 


1.846 


2 


1.448 


1 


623 


c 


584 


1 


708 


1 


549 


1 


560 


c 


594 


p 


656 


1 


504 


p 


1,201 


1 


1,259 


1 


1,150 


1 


907 


1 


934 


1 


787 


1 


748 


1 


641 


1 


870 


1 


776 


1 


778 


1 


583 


1 


566 


c 


464 


p 


346 


P 


. 319 


p 


2,613 


2 


2,350 


2 


2,306 


2 


2,086 


2 


2,147 


2 


1.817 


2 


1,884 


2 


2,075 


2 


2.784 


2 


2.405 


2 


2,291 


2 


2,271 


2 


2,456 


2 


2.546 


2 


3,414 


3 


3.498 


3 


506 


1 


565 


1 


475 


1 


382 


1 


329 


c 


246 


p 


214 


p 


213 


p 


1,528 


1 


1,744 


2 


1,765 


2 


793 


1 


703 


1 


595 


p 


662 


1 


652 


1 


957 


1 


948 


1 


1,012 


1 


883 


1 


506 


c 


499 


P 


500 


p 


526 


p 


1,7W 


2 


2.136 


2 


2.322 


2 


3.094' 3 


3.364 


3 


3,763 


3 


4,966 


4 


6,718 


5 


76 


c 


57 


c 


71 


c 


71 


c 


66 


c 


110 


p 


641 


P 


1,278 


1 


1.682 


1 


1,881 


1 


1,886 


2 


1,844 


2 


1.807 


2 


2,060 


2 


2,221 


2 


2,460 


2 


1.778 


2 


2,006 


2 


2,292 


2 


2,446 


3 


2.936 


2 


3,365 


3 


4.066 


3 


4,069 


3 


















103 


c 


156 


P 


191 


P 


64 


P 


1,480 


*i 


1,442 


i 


■743 


i 


*658 




654 




543 : p 


426 


P 


374 


P 


1.786 


1 


1.617 


1 


1,672 


2 


1,358 




1,313 




1,164 




1.060 


1 


-1.007 


1 










619 




532 




604 




478 




546 


P 


429 


p 


463 


i 


451 


i 


382 




340 




336 




245 




213 


p 


176 


p 


1,707 


1 


1.406 


1 


1.255 




1,119 




1,050 




916 




890 


1 


799 


1 


1,057 


1 


948 


1 


949 




792 




752 




709 




637 


1 


592 


p 


1.281 


1 


1,290 


1 


1,407 




1.409 




1.719 




1.862 




1,972 


2 


2.200 


2 


1.110 


1 


1,109 


1 


1,103 




1,165 




1,050 




947 




837 


. 1 


850 


1 


1.045 


1 


1,011 


1 


967 




840 




775 




632 




652 


P 


563 


P 


938 


1 


872 


1 


1,152 




960 




786 




875 




799 


1 


701 


1 


63 




42 


c 


48 


c 


33 


c 


54 


c 


39 




50 


. P 


16 


p 


1.119 


*i 


1,197 


1 


1.055 


1 


971 


1 


939 


1 


698 




617 


1 


595 


P 


472 


c 


418 


c 


476 


c 


405 


c 


367 


c 


341 




628 


1 


1.063 


1 



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326 



MAMJIAL OF THE OONSTirDTION 



776 1784 1790 



1791 



1890 



1801 



1810 



1811 



1820 



1821 



1830 1881 



COOS COUNTY. 



9 



S 

i 



Berlin .. 

Ward 1 

Ward 2 

Ward 3 
Carroll . 

Clarksville 

Colebrook 

Columbia 

Dalton 

Dummer 

Brrol 

Gorham 

Jefferson 

Lancaster 

Milan 

Millsfleld 

Northum1>erland 

Pittsburg 

Randolph 

Sherburne 

Stark 

Stewartstown ^ 

Stratford 

Wentworth's Location 
Whitelleld 



•4 

•14 
♦50 



4 

•61 



•57 



•41 



29 c 
28 c 
14 1 



35 
161 



117 



48 
*i46 



"is 




12 


'm 


c 


325 


109 


c 


142 


62 


c 


235 

7 

38 


45 




176 


112 


c 


197 


440 


c 


717 
14 


206 


c 
c 


'281 
"62 


140 


c 


211 


99 


c 


186 


281 


c 


339 

"si 



"19 




*476 


c 


281 


c 


347 


c 


42 




26 




295 




252 


c 


844 


1 


57 




296 


c 


"to 






c 


218 




363 


c 


335 




m 





73 



108 

532 
442 
532 

66 

82 
111 
495 
1,187 
243 

33 
342 
301 
143 
312 
236 
529 
443 

36 
685 



•Grafton County. 



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iANTJAl. OF TEE OOMBTITUTION 



327 



1840 


1841 


18S0 18>1 


18«0 1861 


1870 1871 


1880 1881 


1890 1891 


1900 


L901 


1910 


1911 




i 




s 




i 




i 




i 




s 




to 




s 








> 




> 




> 




> 




^ 


" 


>• 




> 




:p 












13 












Ti 




*i 


1 


Si 

a 

1 


§ 

1 


1 


1 


1 


1 






§ 
9 


1 


1 


i 


1 

- a 


B 


§ 


1 


tU 


a 


Ck 








A 


o, 


p. 








A 




a, 




S 


£ 


£ 


£ 


£ 


£ 


£ 


£ 


& 


£ 


& 


£ 


& 


£ 


& 


116 


c 


173 


c 


433 





529 


c 


1,144 


1 


3,729 


3 


3.676 
3,324 
2,486 




11,780 
4.033 
4,597 
3.150 


'i' 


m 


c 


'296 





iii 


c 


'378 


c 


*632 


i 


m 


i 


710 




569 




88 


c 


187 


c 


249 





269 


1 


328 


c 


a26 


p 


307 




271 




743 


1 


908 


1 


1,118 


1 


1,372 


1 


1,580 


1 


1,736 




1,876 




1,905 




620 


1 


762 


1 


798 


1 


752 


1 


762 


1 


606 




690 




619 




664 


1 


751 


1 


666 


1 


773 


1 


570 


p 


596 




692 




475 




57 


c 


171 


c 


289 


c 


317 


c 


464 


c 


455 




349 




292 




104 


c 


138 





178 


c 


178 


c 


161 


c 


178 




305 




2U 




156 


c 


224 


c 


907 


1 


1,167 


1 


1.383 


1 


1.710 




1,797 




2,166 




675 


c 


629 


1 


700 


1 


826 


1 


951 


1 


1,062 




1,080 




1,061 




1,316 


1 


1,559 




2,020 


, , 


2,248 


2 


2,721 


2 


8,373 




3,190 




3,064 




386 


c 


m 





789 


1 


710 


1 


895 


1 


1.029 




1,135 




924 




12 


c 




c 






28 




62 


c 


62 




41 




12 


• • • 


399 


c 


"m 





"m 


i 


955 


*i 


1,062 


1 


1,356 




1,977 




2,184 




315 


c 


425 


c 


413 


c 


400 


1 


581 


c 


669 




687 




624 




115 


c 


113 


c 


118 


c 


138 


c 


203 


c 


137 




137 




137 




350 


c 


480 





318 


c 


269 


1 


262 





336 




283 




306 




349 


c 


418 


c 


426 


c 


464 





690 


1 


703 




733 




448 




630 


1 


747 


1 


771 


1 


909 


1 


968 


1 


1.002 




1,150 




1.128 




441 


c 


552 





716 


1 


886 


1 


1,016 


1 


1,128 




968 




844 




25 


. 










38 




55 


c 


26 




61 




51 




751 


1 


857 


*i 


1,015 


'' 


1,196 


1 


1,828 


2 


2.041 


2 


2.157 


'i 


1,635 





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328 



MANUAL OF THE CONSTITUTION 



NUMBER OF REPRESENTATIVES RETURNED TO THE GENERAL 
COURT OF NEW HAMPSHIRE FOR EACH YEAR, 1784-1913. 

(Compiled from Journals of the House, State Papers, New Hampshire Regi- 
ters, and flies of newspapers.) 



Yoar. 


No. 


Year. 


No. 


Year. 


No. 


Year. 


No. 


1784-5 


91 


1810-11 


180 


1840-1 


253 


1870-1 


335 


1785-6 


94 


1811-12 


175 


1841-2 


249 


1871-2 


329 


1786-7 


89 


1812-13 


179 


1842-3 


239 


1872-8 


361 


1787-8 


67 


1813-14 


184 


1843-4 


243 


1873-4 


356 


1788-9 


83 


1814-15 


179 


1844-6 


246 


1874-5 


356 


1789-90 


72 


1815-16 


189 


1845-6 


247 


1875-6 


373 






1816-17 


190 


1846-7 


261 


1876-7 


391 






1817-18 


194 


1847-8 


286 


1877-8 


361 






1818-19 


193 


1848-9 


282 


1878-9 


370 






1819-20 


192 


1849-50 


274 


1879-81 


280 


1790-1 


86 


1820-1 


197 


1860-1 


288 


1881-3 


309 


1791-2 


88 


1821-2 


192 


1851-2 


282 


1883-6 . 


313 


1792-3 


96 


1822-3 


199 


1862-3 


291 


1885-7 


308 


1793-4 


109 


1823-4 


201 


1853-4 


269 


1887-9 


306 


1794-5 


124 


1824-5 


209 


1854-5 


311 


1889-91 


313 


1795-6 


132 


1825-6 


210 


1855-6 


313 






1796-7 


132 


1826-7 


212 


1866-7 


314 






1797-8 


136 


1827-8 


216 


1857-8 


318 






1798-9 


137 


1828-9 


221 


1858-9 


316 






1799-1800 


138 


1829-30 


226 


1869-60 


305 






1800-1 


150 


1830-1 


223 


1860-1 


327 


1891-3 


852 


1801-2 


147 


1831-2 


230 


1861-2 


319 


1893-5 


359 


1802-3 


153 


1832-3 


228 


1862-3 


321 


1895-7 


368 


1803-4 


154 


1833-4 


227 


1863-4 


329 


1897-9 


357 


1804-5 


159 


1834-5 


203 


1864-5 


331 


1899-1901 


859 


1805-6 


162 


1835-6 


226 


1865-6 


328 


1901-1903 


397 


1806-7 


160 


1836-7 


232 


1866-7 


326 


1903-1905 


393 


1807-8 


165 


1837-8 


226 


1867-8 


330 


1905-1907 


391 


1808-9 


164 


1838-9 


247 


1868-9 


332 


1907-1909 


391 


1809-10 


171 


1839-40 


246 


1869-70 


334 


1909-1911 
1911-1913 


887 
393 



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MANTJAL OF THE (XWSTirUTION 329 

NOTES TO TABLE OF QUALIFICATIONS FOR SUFFRAGE. 
1 The constitutions of some states enumerate among those who are ex- 
cluded from the suffrage Idiots, lunatics, persons under guardianship and 
soldiers and sailors In the service of the United States. The provisions of 
the constitutions of other states granting the suffrage generally to persons 
possessing certain qualifications are Interpreted as excluding idiots, luna- 
Ucs, and other persons who are deemed Incapable of exercising legal 
volition. Apparently the legislatures of most, If not all the sUtes are held to 
be competent to prescribe by law such conditions to the exercise of the 
suffrage as registration before voting and use of a special form of ballot, 
which are deemed necessary and reasonable to protect the privilege, and 
to prevent impositions and other frauds. 

* Declarant means a male person of foreign birth, who shall have declared 
his Intention to become a citizen of the United States, conformably to the 
naturalization laws of the United States. 

" "Immediately preceding the election at which he offers to vote." 

* Poll tax must be paid on or before the first day of February next pre- 
ceding the election. Poll tax is a general requirement, but the educational 
and property qualifications are alternatives. 

* The property and educational qualifications given in the table apply to 
those who registered as electors after January 1, 1908. The constitution of 
1901 provided that a person might register as an elector before December 20, 
1902, if he (1) had served In the land or naval forces of the United States 
in the war of 1812, or In the war with Mexico, or In any war with the In- 
dians, or in the war between the states, or in the war with Spain, or In the 
land or naval forces of the Confederate States, or of the state of Alabama 
in the war between the states; or (2) was the lawful descendant of such 
person; or (3) was of good moral character, and understood the duties and 
olhllgatlons of citizenship under a republican form of government. 

A person so registered was to remain an elector during life. 

• "Qualifications for voters at school elections shall be as are now, or 
as may hereafter be provided by law." (Const. Art. vn, Sec. 8.) 

» "Who shall exhibit a poll tax receipt or other evidence that he has paid 
hlB poll tax at the time of collecting taxes next preceding such election." 
(Const Art. XXI.) 

• "Provided no native of China shall ever exercise the privileges of an 
Sector." 

• Or by the treaty of Queretaro. 

10 "Provided that no person shall be denied the right to vote at any school 
election, or to hold any school district office, on account of sex." (Const. 
Art. VII, Sec. 1.) And "The general assembly may enact laws to extend 
the right of suffrage to women of lawful age, and otherwise qualified. No 
such enactment shall be of effect until submitted to the vote of the qualified 
electors at a general election, nor unless the same be approved by a major- 
ity of those voting thereon." (Idem, Sec. 2.) 

» "Upon all questions submitted to taxpayers, as such, of any municipal 
or other political subdivision of this state, the qualifications of such tax- 
payers as voters shall be those of age and residence prescribed by this 
article, and women taxpayers shall have the right to vote at all such 
elections, without registration, in person or by their agents authorized In 
writing; but ail other persons voting at such elections shall be registered 
voters." (Const. Art. 199.) 

M He must have paid his poll tax on or before the Slst day of December 
oC each year for the two years preceding the year in which he offers to 
▼Ota (Const. Art. 108.) 

" But those who were legal voters on January 1, 1867, or sons or grand- 
sons of the same not less than twenty-one years of age at the date of the 



Digitized by VjOOQIC 



330 MAKUAIi OF THB OONSTTTUTION 

adoption of the present state oonstitution (1898) » and those naturalized prior 
to January 1, 1898, are not required to possess the educationsil or property 
qualification, provided they had resided in the state for five years preceding 
their registration, and registered prior to September 1, 1896. 

i« "Whenever any question Is submitted to a vote of the electors which 
involves the direct expenditure of public money or the Issue of bonds, every 
woman having the qualifications of male electors who has property assessed 
for taxes in any part of the district or territory to be affected by the result 
of such election shall be entitled to vote thereon." (Const, p. 9, Art. 4.) 

" "Any woman of the age of twenty-one (21) years and upward, and pos- 
sessing the qualifications requisite to a mole voter, may vote at any election 
held for the purpose of choosing any ofiicer of schools or any members of 
library boards, or upon any measure relating to schools or libraries, and 
shall be eligible to hold any ofllce pertaining to the management of schools 
and libraries." (Const. Art. VII, Sec. 8.) 

^" "Who have adopted the customs and habits of civilization." 

17 "Persons of Indian blood residing in the state who have adopted the 
language, customs, and habits of civilization, and shall have been pro- 
nounced (by any district court of the state) capable of enjoying the rights 
of citizenship." 

i» "But any minister of the gospel in charge of an organized church shall 
be entitled to vote after six months' residence in the election district, if 
otherwise qualified." (Const. Art. 12, Sec. 241.) 

u» "Women shall be eligible to hold the ofllce of county superintendent of 
schools or any school district office, and shall have the right to vote at any 
school district election." (C^nst. Art. IX, Sec. 10.) 

^ "The legislature shall provide by law for the payment of an annual 
poll tax . . . and . . . may, in its discretion, moke such payment a 
condition to the right of voting." (Const. Art. II, Sec. 7.) 

» "Every Inhabitant of the state, etc." (Const., Part First, Art. II); 
"every male inhabitant, etc." (Const., Part Second, Art. XXVII.) 

The statutory construction of what constitutes an inhabitant is found in 
Chap. 31, Sec. 8, of Pub. SUt. of N. H. (1901), which reads: 

^No person shall be considered as dwelling or having his home in any 
town, for the purpose of voting or being voted for at any meeting, unless 
he shall have resided within such town six months next preceding the day 
of meeting. 

i» "Women possessing the qualifications prescribed in this section for male 
electors shall be qualified electors at aM such school elections; provided 
that if a majority of the qualified voters of any school district shall, not 
less than thirty days before any school election, present a petition to the 
couny commissioners against woman suffrage in such district, the provisions 
of this section relating to woman suffrage shall be suspended therein, and 
such provision shall become again operative only upon the filing with said 
board of a petition signed by a majority of the qualified voters favoring 
the restoration thereof. The board of county commissioners shall certify the 
suspension or restoration of such suffrage to the proper school district." 
(Const. Art. VII, Sec. 1.) 

5«» "On or before the first day of May of the year in which he proposes 
to vota" (Const. Art VI, Sec. 4.) 

^ "Any woman having the qualifications enumerated in section 121 of this 
article as to age, residence, and citizenship, and including those now quali- 
fied by the laws of the territory, may vote for all school officers, and upon 
all questions pertaining solely to school matters, and be eligible to any 
school oflttce." (Const. Art. V, Sec. 128.) 

^ The legrislative assembly shall be empowered to maJce further ex- 
tensions of suffrage hereafter, at its discretion, to all citizens of mature 



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MANUAL OP THE CONSTITUTION 331 

age and Bound mind, not convicted of crime, without regard to sex; but no 
law extending or rertrloting the right of suffrage shall he in force until 
adopted by a majority of the electors of the state voting at a general 
election." (Const. Art V, Sec. 122.) 

^ "And may prescribe penalties for falling, neglecting, or refusing to vote 
at any general election." (Const. Amends. Art. 2, Sec. 127.) 

"" "Until otherwise provided by law, all female citizens of this sUte, 
possessing like qualiflcationE of male electors shall be qualified to vote 
at school district elections or meetings." (Const. Art. Ill, Sec. 3.) 

=» "But no person who was on January 1st, 1866, or at any time prior 
thereto, entitled to vote under any form of government,, or who at that 
time resided in some foreign nation, and no lineal descendant of such person 
shall be denied the right to register and vote because of his inability to 
read and write section* of such constitution." (Const. Art. Ill, Sec. 4a.) 
*• "If twenty-two years of age or upward." 

^ "Provided that no person shall at any time be allowed to vote in the 
election of the city council of any city, or upon any proposition to Impose 
a tax, or for the expenditure of money in any town or city, unless he shall 
within the year next preceding have paid a tax assessed upon his prop- 
erty therein, valued at least at $134." 

" "Proi?i(f€d that ministers in charge of an organized church, and teach- 
ers of public schools shall be entitled to vote after six monUis' residence 
in the state, otherwise qualified." ((Jonst. Art. II, Sec. 4.) 

*^ Prior to January 1, 1898, those who could read any section of the state 
constitution, or understand and explain it when read, were entitled to 
register, and after such registration were to remain during life qualified 
electors. 

'^ "Any woman having the qualifications enumerated in Section 1 of this 
article as to age, residence, and citizenship, and including those now quali- 
fied by the laws of the territory, may vote at any election held solely for 
school purposes, and may hold any ofilce in the state except cui otherwise 
provided in this constitution." (Conet. Art. VII, Sec. 9.) 

^ "Or, if he come of age at such time that no poll tax shall have been 
assessable against him for the year preceding the year in which he offers 
to register, has paid one dollar and fifty cents in satisfaction of the first 
year's poll tax assessable against him"; (Const. Art. II, Sec. 20.) 

5» "No person who, during the late war between the states, served in the 
army or navy of the United States, or the Confederate States, or any state 
of the United States, or of the Confederate States, shall at any time be re- 
quired to pay a poll tax as a prerequisite to the right to register or vote." 
(Const. Art. II, Sec. 22.) 

»« During the years 1902 and 1903 a person was eligible to register as an 
elector if he (1) had served in time of war in the army or navy of U. S., 
of the Confederate States, or any state of U. S., or of the (Confederate 
States; or (2) was a son of such a person; or (3) owned property upon 
which he had paid ajt least |1 in taxes during the previous year; or (4) 
was able to read and grive a reasonable explanation of any section of the 
state constitution, or, if unable to read such section, to understand and 
give a reasonable explanation of it when read. A person so registered was 
not required to register again, and might be aided in the preparation of 
his ballot by such officer of election as he should designate. 

A person who registered after January 1, 1904, had to possess the quali- 
fications outlined In the table. 

" By amendment of 1896, but was not to affect the right of franchise 
of any person who was then a voter. "The legislature shall enact laws de- 
fining the manner of ascertaining the qualifications of voters as to their 
ability to read and speak the English language." (Const. Amends. Art. 
VI, Sec. 1.) 

» "Who have once been declared by law of (Congress to be citizens of the 
United States, and civilized persons of Indian descent, not members of any 
tribe." 



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332 MANUAL OP,TKB OONSTITUTION 

OFFENSES FOR WHICH THE CONSTITUTIONIS OF THE SEV- 
ERAL STATES OF THE UNION PRESCRIBE DISFRAN- 
CHISEMBNT, OR FOR WHICH THEIR LEGISLA- 
TURES MAY ENACT LAWS PRESCRIBING 
DISFRANCHISEMENT, 1912. 

Alabamia — ^Treason, felony,* bribery, perjury, forgery, embezzle- 
ment, certain election misdemeanors, infamous crimes, lar^ 
ceny, malfeasance in office and miscegenation.' 

Arizona — Treason,* felony.* 

Arkansas — ^Felony.* 

California — -Bribery,* perjury,* forgery,* dueling, embezzlement 
or misappropriation of public moneys, infamous crimes,* 
malfeasance in office, or other high crimes.* 

Colorado.* 

Connecticut^ — Bribery, perjury, forgery, dueling, fraudulent 
bankruptcy, infamous crimes,* larceny.* 

Delaware*® — Felony." 

Florida — Felony," bribery, perjury^ dueling, election wager, in- 
famous crimes, larceny. 

Georgia" — ^Treason, bribery, embezzlement of public funds, lar- 
ceny, malfeasance in office." 

Idaho — ^Treason," felony," bribery," embezzlement of public 
funds," infamous crimes," bigamy or polyg«,my." 

Illinois — ^Infamous crimes." 

Indiana — Infamous crimes." 

Iowa — Infamous crimes. 

Kansas" — ^Treason,*" felony," bribery, defrauding United States 
or any of the states thereof. 

Kentucky" — ^Treason, felony, bribery. See note **. 

Louisiana— <See note **. 

Maine — Bribery." 

Maryland** — Briberj^*' illegal voting,*' infamous crimes, larceny. 

Massachusetts. 

Michigan. 

Minnesota — Treason,** felony,** bribery,** perjury,** infamous 
crimes.** 

Mississippi** — Bribery, perjury, forgery, dueling, embezzlement, 
larceny,* burglary, arson, obtaining money or goods under 
false pretences, bigamy. 

Missouri — Felony,*^ election misdemeamors,*^ infamous crimes.*^ 

Montana — Felony.** 

Nebraska — Treason,** felony.** 

JJ^evada — ^Treason,** felony,** bribery,*' dueling, embezzlement or 
defalcation of public funds.** 



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MANUAIi OF THE CX>NeTITIPTION 333 

•N€W Hamipshire. 

Niew Jersey — Treason," bribery,'^ perjury," forg-ery," larceny," 
subornation of perjury, blasphemy, piracy, arson, rape, 
sodomy, polygamy, conspiracy, moirder, "robbery."" 

New Mexico — Felony," infamous crimes." 

New York — Bribery," election wager,*® infamous crimes." 

North Carolina — ^Crimes punishable by imprisonment.** 

North Dakota— Treason,** felony.** 

Ohio — Bribery,** perjury,*" infamious crimes.** 

Oklahoma — Felony.** 

Oregon — Felony.* 

Pennsylvania — Bribery,*® wilful violation of the election laws." 

Rhode Island — ^Bribery,** infamous crimes.*^ 

South Carolina*^ — Bribery, perjury, forgery, crimes against the 
election laws, larceny, miscegenation.** 

South Dakota — Treason,*® felony.*® 

Tennessee — Bribery," infamous crimes.** 

Texas — Felony,** bribery,** perjury,** forgery,** dueling, other 
high crimes.** 

Utah — Treason,** crime against the election franchise.** 

Vermont — Bribery.** 

Virginia" — Treason,*^ felony,*^ bribery,*' perjury,*' forgery,*' duel- 
ing," embezzlement,*' petit larceny,*' obtaining money op 
property under false pretences.*' 

Washington — Infamous crimes.*® 

West Virginia — Treason,*® felony,*® bribery.*® 

Wisconsin — Treason,** felonjs** bribery,** dueling," election 
wager,*'* infamous crimes,** larceny.** 

Wyoming — Infamous crimes.** 

NOTES TO TABL/B OF OFFENSES. 

* "Any crime punishable "by imprisonment in the penitentiary." (Ala. 
Const. Art. VIII, Sec. 182.) 

* Other offenses named a»re murder, arson, receiving stolen property, ob- 
taining property or money under false pretenses, subornation of perjury, 
robbery, aesault with intent to rob, burglary, assault and battery on the 
wife, bdgamy, living in adultery, sodomy, incest, rape, crime against 
nature, vagrancy and tramping. The constitution ailso provides that "those 
who shall by reason of conviction of crime be disqualified from voting at 
the time of the ratiflcatiion of this constitution (1901)." shall be disquali- 
fied from voting. (Ala. Const. Art. VIII, Sec. 182.) 

» "Unless restored to civil rights." (Arizona Const. Art. VII, Sec. 2.) 

* No law shall be enacted whereby the right of suffrage shall be im- 
paired or forfeited, except for the oommiseion of a felony. (Ark. Const. 
Art. Ill, Sec. 2.) 

^ *The constitution expreesly disfranchises for Infamous crime, em- 
bezzlement or misappropriation of public money, and dueling, and says 
that laws shall be made to exclude from the right of suffrage persons con- 



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334 MANUAL OF THB OONKPITUTION 

▼ioted of the above etarred orimee. (Gal. Conet. Art II» Sec. 1; Art. XX, 
Sec. 2; Art. XX, Sec. U; Amend Art. II. Sec. 1 [18M].) 

* "No peraon while confined in any public prison ahall be entitled to 
vote, but every such person who was a Qualified elector prior to such 
imprtoonment, and who is released therefrom by virtue of a pardon, or 
by virtue of having served out his full term of Imprisonment, •hall, with- 
out further action, be invested with all the rights of citizenship, except as 
otherwise provided in thle constdtution." (CoHo. Const. Art VII, Sec. 10.) 

7 "The General Assembly shall have power, by a vote of two-thirds of the 
members of both branches, to restore the privileges of an elector to those 
who may have forfeited the same by a conviction of crime." (Oonn. Convt. 
Art. XVII, Amend.) 

>* "These crimes are treason, felony, and tho 'crimen falsi/ which term 
Includes crimes which involve a charge of such falsehood as may injuri- 
ously aftect the public administration of Justice by the introduction therein 
of falsehood and fraud, such as forgery, perjury, subornation of perjury, 
and conspiracy to procure the absence of a witness." 

* Theft is the term used in the constitution. 

^*'The legislature may make the forfeiture of the right of suffrage a 
punishment for crime. 

^^ The constitution of 1897 further provides that persons convicted of 
certadn electoral misdemeanors therein enumerated, if males, shall be in- 
capable of voting for a period of ten years. (Del. Const. Art. V, Sec. 7.) 

" "Unless r«»tored to civil rights." (Pla. Const. Art VI, Sec. 4.) 

u "Unless such person shall have been pardoned." (Qa. Const Art 11, 
Sec. 2.) 

^«And any crime involving moral inturpitude, punishable by the laws ot 
this state with imprisonment in the penitentiary. (Ga. Conet. Art. II, Sec. 
2.) 

" And not restored to the rights of citizenship. (Idaho Const Art. VI, 
Sec. 3.) 

^ The constitution disfranchises any person who practices, teaches, as- 
sists, counsels, aids, or encourages bigamy or polygamy, or belongs to or 
in any way aids a society which uphottds that sort of doctrine. (Idaho 
Const. Art. VI, Sec. 3.) 

XT "The General Assembly shall pass laws excluding from the right of 
suffrage persons convicted of infamous crimes. (111. Conet Art. VII, Sec. 7.) 

u* "The General Assembly shall have power to deprive of the right of 
suffrage, and to render ineli^ble any person convicted of an infamous 
crime." (Ind. Const Art n. Sec. 8.) 

» No person who has been dishonorably discharged from the service of 
the United States is qualified to vote or hold office in Kansaa unless re- 
instated. 

^ "No person who has ever voluntarily borne arms against the govern- 
ment of the United States, or in any manner voluntarily aided or abetted 
in the attempted overthrow of said government, except all persons who 
have been honorably discharged from the milUary service of the United 
States fiince the first day of April, A. D. 1861, provided that they have 
served one year or more therein, shall be qualified to vote or hold office 
in this state, until such disability shall be removed by a law passed by a 
vote of two-thirds of all the members of both branches of the legislature." 
(Kans. CJonst. Art. V, Sec. 2.) 

» "Unless restored to civil rights." (Kans. Const Art V, Sec. 2.) 

n "But persons her^y excluded may be restored to their civil rights by 
executive pardon. (Ky. Const Sec. 145.) 



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MANUAL OF THB OONaTITUTION 335 

» "Such high mlademeanor as the General Awembly may declare shall 
operate as an exclusion from the right of suffrage." (Ky. Ck>n»t. Sec. 145.) 

»* Persons are not permitted to rote "who have been convicted of any 
crime punishable by Imiprleonment in the penitentiary, and not atfterwarda 
pardoned with express restoration of franchise." (La. Const Art, 202.) 

» Since 1876 "the legislaiture may enact laws excluding from the fight 
of suffrage for a term not exceeding ten years," for this crime at any 
election. (Me. Const. Art. IX, Sec. 13.) 

"• "No person above the age of twenty-one years, convicted of larceny 
or other infamous crime, unHess pardoned hy the Governor, shall ever 
thereafter be entitled to vote at any election in this state." (Md. Const 
Art. I, Sec. 2.) 

"These crimes forever ddsquaOJfy for voting. (Md. Ck>n»t. Art. I, Sec. 8.) 

*» "Unless restored to civil rights." (Minn. Const. Art. VII, Sec. 2.) 

^ "The legislature shall have full power to exclude from the privilege of 
electing or being elected any person convicted of bribery, perjury, or other 
infamous crime." (Minn. Const. Art. IV, Sec. 15.) 

■" "The legislature may by a two-thirds vote of both houses, of all mem- 
bers elected, restore the right of suffrage to any person disqualified by reason 
of crime; but the reasons therefor shall be spread upon the Journals, and 
the vote shall be by yeas and nays." (Miss. Const. Art XII. Sec. 263.) 

w "The General Assembly may enact laws excluding from the right of 
voting all persons convicted of felony or other infamous crime, or mis- 
demeanors connected with the exercise of suffrage." (Mo. Const Art VIII, 
Sec. 10.) 

"^ Unless pardoned. (Mont. Const. Art. IX, Sec. 2.) 

*" "Under the law of the state, or of the United States, unless restored to 
civil rights." (Neb. Const. Art. VII, Sec. 2.) 

■ ■* "In any state or territory of the United States, unless restored to civil 
rights." (Nev. Const Art. II, Sec. 1.) 

» The constitution of Nevada, Art. IV, Sec. 10, makes Ineligible for of- 
fice persons convicted of embezzlement, or defalcation of public funds, or 
bribery, and provides that the legislature shall as soon as practicable make 
these crimes punishable as felonies; and by Art. II, Sec. 1, felony dis- 
franchises. 

■• The constitution of New Jersey, Art. n. Sec. 1, says that "no person 
convicted of a crime which excludes him from being a witness, unless 
pardoned or restored by law to the right of suffrage, shall enjoy the right 
of an elector." The laws of the state make persons convicted of the tabu- 
lated crimtft incompetent as witnesses, and if the crime is perjury a par- 
don does not remove the incompetency. 

w "The legislature may pass laws to deprive persons of the right of 
suffrage who shall be convicted of bribery. (N. J. Const. Art. II, Sec. 2.) 

«* "Unless restored to political rights." (N. M. Const Art. VII, Sec. 1.) 

'^ "The legislature shall enact laws excluding from the right of suffrage 
all persons convicted of bribery or any infamous crime." (N. Y. Const 
Art II. Sec. 2.) 

^ Disfranchises *'at such election," as do ail corrupt offers to give or re- 
celve money or other valuable thing for a vote, in IxKth New York and 
Pennsylvania. 

*^ "No person who has been convicted, or who has confessed' his guilt 
in open CJourt upon indictment of any crime, the punishment of which now 
is, or may hereafter be imprisonment in the state's prison shall be per- 
mitted to vote unless the said person shall be first restored to citizenship 
in the manner prescribed by law." (N. C. Const. Art VI, Sec. 2.) 



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336 MAKXJAL OF THE OONSTITDTION 

« Unlew restored to oivU rights. (N. (D. Const. Art. II (Amend.), Sec. 
127.) 

« "The General Assembly shall have power to exclude from the privilege 
of voting, or of being eligible to office, any person convicted of bribery 
perjury, or other Infamous crime. (Ohio Const Art. V, Sec. 4.) 

« Subject to such exceptions as the legislature may prescribe, and unless 
citizenship shsJl have been restored in the naanner provided by law (Okla 
Const Art III, Sec. 1.) ' ^ 

«Any person convicted of this offense "ahaU in addition to any penal- 
ties provided by law be deprived of the right of suffrage absolutely for a 
term of four years." (Pa. CJonst Art. VIII, Sec. 9.) 

*• UnUl expressly restored thereto by act of the General Assembly. (R L 
Const. Art II, Sec. 4.) * v • 

*' "Provided that the pardon of the Governor shall remove such ddsquali- 
flcations." (S. C. Const Art. II, Sec. 6.) 

« Other crimes mentioned include burglary, arson, obtaining goods or 
money under false pretenses, robbery, adultery, Mgamy, wife-beating, house- 
breaking, receiving stolen goods, breach of trust with fraudulent Intent 
fornication, sodomy, Incest, and assault with intent to ravish. (S. C Const 
Art. II, Sec. (S.) 

• "Unless restored to civil rights." (S. D. Const. Art. VII, Sec. 8.) 

••"Any elector who shall receive any gift or reward for his vote, in 
meat, drink, money, or otherwise, ehtdl suffer such punishment as the 
laws shall direct, and any person who shall directly or Indirectly give, 
promise, or bestow any such reward to be elected shall thereby be rendered 
incapable, for «lx . . . years, to serve In the office for which he was 
elected, and to be subject for such further punishment as the legislature 
shall direct" (Tenn. Const Art. X, Sec. 3.) 

" "Laws may be passed excluding from the right of suffrage persons who 
may be convicted of infamous crimes," (Tenn. C^nst. Art. IV. Sec. 2.) 

" "Subject to such exceptions as the legrislature may make." (Tex. Const 
Art. VI, Sec. 1.) 

" Laws shall be made to exclude from the right of suffrage persons con- 
victed of these crimes. (Tex. Const. Art XVI, Sec. 2.) 

»• "Unless restored to civil rights." (Utah Conat Art IV, Sec. 6.) 

** "Any elector who fhal\ receive any gift or reward for his vote, in 
meat, drink, monies or otherwise shall fortelt his right to elect at that time, 
and shall suffer such other penalties as the law shall direct; and any per- 
son who shall directly or Indirectly, give, promise, or bestow any such re- 
wards to be elected shall thereby be rendered Incapable to serve for the 
ensuing year, and be subject to auch further punlshmnt as a future legis- 
lature shcdl direct." (Vt. Const. (?hap. II. Sec. 34.) 

*• "Persons who, prior to the adoption of this constitution (1902) were 
disqualified from voting .by conviction of crime, either within or without 
the rtate, and whose dlsaJbilltles shall not have been removed." are "ex- 
cluded from registering and voting." (Va. Const Art. II, Sec. 23.) 

»T "Convicted after the adoption of this constitution (1902), either within 
or without this state," of these crimes. (Va. Const Art. n. Sec. 23.) 

*M "While citizens of this state, after the adoption of this constitutl(m 
(1902) . . . either within or without this state." (Va. Const Art. 11, 
Sec. 23.) "The Geaeral Assemlbly shall have power, by a two-thirds vote, 
to remove disabilities Incurred under Section Twenty-three, of Article- 
Two, of this Constitution, with reference to dueling." (Idem, Art. IV, 
Sec. 57.) 

«» "Unless restored to their civil rights." (Wash. Const Art. VI. Sec. 3.) 

w "No person who is under conviction of treason, felony, or bribery in aa 



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MANUAL OF THE OONSTITDTION 337 

election shall be permitted to vote while such dUalfiUty continues/* (Const, 
of W, Va., Art. IV, Sec. L) Thla phwwe, "^bile such disability conUnues," 
has not received Judicial interpretation in West Virginia, but is construed 
by election officers to mean during imprisonment. 
" "Unless restored to civil rights." (Wis. Const. Art. in. Sec. 2.) 
^ "Laws may be passed excluding from the right of suffrage all persons 
who have been convicted of bribery, or larceny, or any infamous crime, 
and deprivinfir every person who shall make, or become directly interested 
in any bet or wager depending upon the result of any election, from the 
right to vote at such election." (Wis. CJonst. Art. Ill, Sec. 6.) 
"0 Forever disqualifies as an elector. (Wis Const. Art. XIII, Sec. 2.) 
•* "Unless restored to civil rights." (Wyo. Const. Art. VI, Sec. 6.) 

In addition to the persons who are disfranchised for the 
offenses named in the foregoing table, the constitutions of 
many states expressly exclude the foUowing classes of persons, 
or some of them: idiots, lunatics, persons under gtuardianship, 
paupers, persons excused from paying taxes upon their own 
request, soldiers and sailors in the service of the United States, 
Indians not taxed, and, in a few states, natives of China. 



Digitized by VjOOQIC 



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MANUAL OP THB OONBTITDTION 



NUMBBK OF MEMOBEIlfi OP THE SENATE AND HOUSE OP 

EBPBEJ&ENTATIVES IN THE LiBGISiLATXIRE OP THE 

SEVEOEIAL STATES OP THE UNION, 1912. 



STATES. 



Senate. 



HouBe. 



Maine 

New Hampshire 

Vermont 

MassachusettB 
Rhode Island .. 
Connecticut ... 

New York 

New Jersey . . . , 
Pennsylvania . . 
Delaware 

Maryland 

Virginia 

West Virginia . , 
North Carolina 
South Carolina 

Georgia , 

Plorida 

Kentucky , 

Tennessee 

Alabama .* 

Mississippi 

Arkansas 

Louisiana 

Texas 

Oklahoma 

Ohio 

Indiana 

Dlinois 

Michigan 

Wisconsin 

Minnesota 

Iowa 

Missouri 

Kansas 

Nebraska 

South Dakota . . 
North Dakota . 



31 


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30 


246 


40 


240 


38 


72 


35 


255 


51 


150 


21 


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50 


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17 


35 


27 


101 


40 


100 


30 


87 


50 


120 


42 


124 


44 


184 


32 


68 


38 


100 


33 


99 


35 


106 


45 


136 


35 


100 


42 


115 


31 


133 


44 


109 


34 


117 


50 


100 


51 


153 


32 


100 


33 


100 


63 


119 


50 


108 


34 


142 


40 


125 


33 


100 


45 


104 


47 


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MANUAL OF THE OON8TITUTION 



349 



STATES. 



Senate. 



House. 



Montana . . . 

Idaho 

Wyoming . . 
Colorado . . . 
New Mexico 

Arizona 

Utah 

Nevada ..... 
California . . 

Oregon 

Washington 



27 


73 


23 


51 


27 


56 


35 


65 


24 


49 


19 


35 


18 


45 


19 


48 


40 


80 


30 


60 


42 


96 



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UNIYERSirV OF GAUFORNIA LIBRARY 
BERKELEY 

Return to desk £tom which borrowed. 
This hock is DUE on the last date stamped below. 



17 



y^^ 



y/r 



v\ 



r 



r \ 



7 \'B 

16JuP59MW 
m STACKS 

JUL 2 1959 



REC'C LD 



LD 21-100m-H.'49(B7146Bl6)476 



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YC 08735 




UNIVERSITY OF CALIFORNIA LIRRAR^ 



I 




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