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Full text of "Manual of the constitution of the state of New Hampshire"

GIFT OF 

HERFORD BACON 
MEMORIAL LIBRARY 




MANUAL 



OF THE 



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, 




CONCORD, 1902. 



PRINTED BY IRA C. EVANS Co., CONCORD. 
BOUND BY RUMFORD PRINTING Co., CONCORD. 




CONTENTS. 



Page. 

I. Preface 5 

II. Constitution of New Hampshire established October 31, 1783, as 

subsequently amended and in force December 1, 1902 9 

III. Index to Constitution 48 

IV. Sketch of the Constitutions of New Hampshire, including 

Name and bounds 59 

Early government 59 

Revolutionary government 62 

Suggestions of Gen. John Sullivan on plan of government 

for New Hampshire 65 

First Constitutional Convention, 1775-76 70 

Temporary Constitution of January 5, 1776 71 

Proclamation of new plan of government 74 

Character of government formed 75 

Declaration of Independence of New Hampshire 77 

Preparation for another Convention 79 

Second Constitutional Convention, 1778 81 

Draft of Constitution submitted to the people for approval 

and ^rejected, 1779 83 

Third Constitutional Convention, 1781-83 89 

Address of Convention to the people upon submitting first 

draft of proposed constitution, 1781 99 

Constitution (third draft) as approved by the people and 

established October 31, 1783 109 

Fourth Constitutional Convention, 1791-92 140 

Amendments proposed (72) first series, 1792 147 

Popular vote thereon 169 

Amendments proposed (second(series) 1792 171 

Popular vote thereon 190 

Constitution unchanged, 1792-1852 190 

Fifth Constitutional Convention, 1850-51 191 

Amendments proposed (15) first series, 1851 195 

Popular vote thereon 212 

Fifth Constitutional Convention, second session, 1851 214 

Amendments proposed (3) second series, 1851 216 

Popular vote thereon 218 

Constitution unchanged, 1852-77 218 



4 CONTENTS. 

IV. Sixth Constitutional Convention, 1876 219 

Amendments proposed (13), 1876 224 

Popular vote thereon 228 

Constitution unchanged, 1877-89 230 

Seventh Constitutional Convention, 1889 230 

Amendments proposed (7), 1889 234 

Popular vote thereon 238 

Constitution unchanged since 1889 239 

V. The basis of representation in New Hampshire previous to the 

adoption of the Constitution of 1783. By George Hill Evans 240 

VI. The basis of representation in the house of representatives in New 

Hampshire since 1783. By William Hugh Mitchell 253 



APPENDIX. 



Page. 

1. Chapter 22 of Public Statutes of New Hampshire, councilor dis- 

tricts, 1901 275 

2. Chapter 23 of Public Statutes of New Hampshire, senatorial [dis- 

tricts, 1901 276 

3. Acts of the General Court of NeAV Hampshire providing for the call- 

ing of a convention to revise the constitution, approved March, 

1901 279 

4. Act of the General Court of New Hampshire relating to the repre- 

sentation of towns, approved March 21, 1901 281 

5. List of delegates returned to the secretary of state as elected to 

the convention to revise the constitution 285 

6. Population of New Hampshire by counties, 1790-1900 292 

7. Increase of population of New Hampshire as shown at each census 

and density to square mile, 1790-1900 294 

8. Total number of males in New Hampshire, arranged according to 

nativity and literacy 294 

9. Total number of males in New Hampshire, arranged according to 

general nativity, color, citizenship and literacy 295 

10. Population of Councilor districts in New Hampshire 296 

11. Population of Senatorial districts in New Hampshire 297 

12. Population of New Hampshire by towns, 1790-1900, and number of 

representatives returned by each town to the General Court at 
each decennial period, 1791-1901 298 

13. Total number of representatives returned to the General Court each 

year, 1784-1901 318 



PREFACE. 



This manual has been prepared, pursuant to a vote of 
the Governor and Council, for the use of the constitu- 
tional convention. This fact has determined both its 
contents and its form. 

The text of the constitution of New Hampshire here- 
with 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 causal relations. No work of that character 
can be written properly until numerous manuscripts now 
in the British or American archives and important rec- 
ords in possession of the State or its towns are made more 
accessible to historical students. The same 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 distinguish- 
ing marks. The Temporary Constitution 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 the people to be a fundamental 
law. The Permanent Constitution, established October 
31, 1783, and drafted in all its important provisions by 
the statesman of the American Revolution, John Adams, 
was unchanged for sixty years, 1792-1852, a fact unpar- 
alleled among the other states except Rhode Island and 



6 PREFACE. 

New Jersey, and now has been in force one hundred and 
twenty years, a longer time than the organic law of any 
other American commonwealth except Massachusetts. 

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. 

The accounts of the basis of representation in New 
Hampshire have been prepared under my direction, the 
former by George Hill Evans, assistant in the library of 
Dartmouth College, and the latter by William Hugh 
Mitchell, graduate-student in history and political sci- 
ence. My indebtedness to both of them has been in- 
creased by further helpful co-operation, without which 
publication must have been delayed. 

My thanks are due to Mr. Edson C. Eastman, publisher 
of Chase's edition of the Public Statutes, 1901, for per- 
mission to reprint the marginal and appended notes to the 
constitution in that edition ; to Hon. Albert S. Batchellor, 
editor of State Papers, for many valuable and scholarly 
suggestions, and to the Secretary of State for his courteous 
assumption of the painstaking and responsible burden of 
correcting the proof-sheets. Any errors which may be 
discovered it is hoped may be explained, if not excused, 
by the narrow limits of time allowed for preparing the 
manuscript and for publication. 

DARTMOUTH COLLEGE, 
HANOVER, NEW HAMPSHIRE, 

November 18, 1902. 



CONSTITUTION 



STATE OF NEW HAMPSHIRE, 

ESTABLISHED OCTOBER 31, 1783, AS SUBSE- 
QUENTLY AMENDED AND IN FORCE 
DECEiMBER i, 1902. 



PART FIRST. -BILL OF 

RIGHTS. 
ARTICLE 

1. Equality of men; origin and 

object of government. 

2. Natiiral 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 for 
public use. 

13. Conscientiously scrupulous 

not compellable to bear 
arms. 



ARTICLE 

14. Legal remedies to be free, com- 

plete, 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 
punishment. 

19. Searchs and seizures regu- 

lated. 

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. 



10 



MANUAL OF THE CONSTITUTION. 



ARTICLE 

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, instruc- 

tion and petition. 

33. Excessive bail, fines, and pun- 

ishments prohibited. 

34. Martial law limited. 

35. The judiciary ; tenure of office. 

36. Pensions. 

37. The legislative, executive, and 

judicial departments to be 
kept separate. 

38. Social virtues inculcated. 

PART SECOND. -FORM OF 
GOVERNMENT. 

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 of estates. 

7. Members of legislature not to 

take fees or act as counsel. 

8. Legislature to sit with open 

doors. 

HOUSE OF REPRESENTA- 
TIVES. 

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. 



ARTICLE 

11. Biennial election of represent- 

atives 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 lim- 

ited. 

19. Quorum, what constitutes. 

20. Privileges of members of the 

legislature. 

21. House to elect speaker and 

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

22. Senate and executive have 

like powers; imprisonment 
limited. 

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. Inhabitant 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. 



MANUAL OF THE CONSTITUTION. 



11 



ARTICLE 

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. - GOV- 
ERNOR. 

40. Title of governor. 

41. Election of governor; return 

of votes; electors; if no 
choice, legislature to elect 
one of two highest candi- 
dates ; qualifications for gov- 
ernor. 

42. In cases of disagreement, gov- 

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

43. Veto of governor to bills, pro- 

visions as to. 

44. Resolves to be treated like 

bills. 

46. Governor and council to nom- 
inate 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 va- 
cant; speaker of house to 
act when office of president 
of senate also vacant. 

49. Governor to prorogue or ad- 

journ legislature and call 
extra sessions. 



ARTICLE 

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 

election ; governor to con- 
vene; 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. 

SECRETARY, 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. 



12 



MANUAL OF THE CONSTITUTION. 



ARTICLE 

COUNTY TREASURERS, ETC. 

70. County treasurers, registers of 

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

71. Counties may be divided into 

districts for registering 
deeds. 

JUDICIARY POWER. 

72. Tenure of office to be ex- 

pressed in commissions ; 
judges to hold office during 
good behavior, etc. ; remov- 
able by address. 

73. Judges to give opinions, when. 

74. Justices of the peace commis- 

sioned for five years. 

75. Divorces and probate appeals, 

where tried. 

76. Jurisdiction of justices in civil 

causes. 

77. Judges and sheriffs, when dis- 

qualified by age. 

78. Judges and justices not to act 

as counsel. 

79. Jurisdiction and terms of pro- 

bate courts. 

80. Judges and registers of probate 

not to act as counsel. 

CLERKS OF COURTS. 

81. Clerks of courts, by whom ap- 

pointed. 

ENCOURAGEMENT OF LIT- 
ERATURE, ETC. 

82. Encouragement of literature, 

etc. 



ARTICLE 

OATHS AND SUBSCRIPTIONS, 

EXCLUSIONS FROM 

OFFICE, ETC. 

83. Oath of civil officers. 

84. Before whom taken. 

85. Form of commissions. 

86. Form of writs. 

87. Form of indictments, etc. 

88. Suicides and deodands. 

89. Existing laws to continue in 

force, if not repugnant to 
constitution. 

90. Habeas corpus. 

91. Enacting style of statutes. 

92. Governor and judges prohib- 

ited from holding other 
offices. 

93. Incompatibility of offices ; only 

two offices of profit to be 
h olden at same time. 

94. Incompatibility of certain 

offices. 

95. Bribery and corruption dis- 

qualify for office. 

96. Value of money, how com- 

puted. 

97. Constitution, when to take 

effect. 

98. Revision of constitution pro- 

vided for. 

99. Question on revision to be 

taken every seven years. 

100. Enrollment of constitution. 
Note, showing when the differ- 
ent constitutions of the state and 
the constitutional amendments 
were adopted. 



MANUAL OF THE CONSTITUTION. 13 

PART FIRST. 

BILL OF RIGHTS. 

ARTICLE I st . All men are born equally free and independent ; Equality, of 
A , c r i ' r men; origin 

therefore, all government of right originates from the people , and object of 

is founded in consent, and instituted for the general good. fi?iT!SSv!ii3. 

[ART.] 1 2 d . All men have certain natural, essential, and in- Natural 
herent rights, among which are the enjoying and defending life S8 > 9^393. 
and liberty, acquiring, possessing, and protecting property, and, }^ ^ 590 ' 
in a word, of seeking and obtaining happiness. Ixvii, 59. 

[ART.] 3 d . When men enter into a state of society, they Society, its 
surrender up some of their natural rights to that society, in amfpufposes. 
order to insure the protection of others ; and, without such an ^ 9 - 
equivalent, the surrender is void. 

[ART.] 4 th . Among the natural rights, some are in their Rights of con- 
very nature unalienable, because no equivalent can be given or liJiSabie! 1 " 
received for them. Of this kind are the rights of conscience. liii> 9> lix ' 225 ' 

[ART.] 5 th . Every individual has a natural and unalienable Religious 
right to worship God according to the dictates of his own con- recognized. 
science and reason; and no subject shall be hurt, molested, oriviii%40. 
restrained, in his person, liberty, or estate, for worshiping God }^ 22 4 5 8 ' 
in the manner and season most agreeable 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.] 6 th . As morality and piety, rightly grounded on Public wor- 
evangelical principles, will give the best and greatest security to ffeSy to 



government, and will lay in the hearts of men the strongest egpouraged. 
obligations to due subjection, and as the knowledge of these is lxvi - 23 - 
most likely to be propagated through a society by the institu- 
tion 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 

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



14 



MANUAL OF THE CONSTITUTION. 



Right of elect- 
teachers. ' 
liLU'b! 138. 



Ixvi, 230. 



Free tolera- 
liii?9. 



Existing con- 
affected? 



State sover- 
?x\i, 369. 



Accounta- 



Ixvii, 49. 

No hereditary 
place. * 



to time, the several towns, parishes, bodies corporate, or relig- 
ious 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 of 
contracting with them for their support and maintenance. And 
no p erson o f 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 denomina- 
tion. 

And every denomination of Christians, demeaning themselves 
quietly and as good subjects of the state, shall be equally under 
the protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established by 
law. 

And nothing herein shall be understood to affect any former 
contracts made for the support of the ministry; but all such 
contracts shall remain and be in the same state as if this con- 
stitution had not been made. 

[ART.] 7 th . The people of this state have the sole and 
exclusive right of governing themselves as a free, sovereign, 
and independent state, and do, and forever hereafter shall, 
exercise and enjoy every power, jurisdiction, and right pertain- 
ing thereto which is not or may not hereafter be by them 
expressly delegated to the United States of America in congress 
assembled. 

[ART.] 8 th . All power residing originally in, and being de- 
' rived from, the people, all the magistrates and officers of 
government are their substitutes and agents and at all times 
accountable to them. 

[ART.] 9 th . No office or place whatsoever in government 
shall be hereditary, the abilities and integrity requisite in all 
not being transmissible to posterity or relations. 



1-ifiU,; MANUAL OF THE CONSTITUTION. 15 

[ART.] io th . Government being instituted for the common Right of revo- 

benefit, protection, and security of the whole community, and Hi, 592! 

- Ixv, 113. 

not for the private interest or emolument of any one man, 

family, or class of men, therefore, whenever the ends of govern- 
ment 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 
government. The doctrine of non-resistance against arbitrary 
power and oppression is absurd, slavish, and destructive of the 
good and happiness of mankind. 

[ART.] II th . All elections ought to be free; and every in- Elections and 



habitant of the state, having the proper qualifications, has 



equal right to elect and be elected into office. lx, 385. 

[ART.] 12 th . Every member of the community has a rig 
to be protected by it in the enjoyment of his life, liberty, and reciprocal. 
property. He is, therefore, bound to contribute his share in er ^y for pub- 
the expense of such protection, and to yield his personal |j i 2 of iso^ii, 22. 
service, when necessary, or an equivalent. But no part of a y|] ^ViS' 393' 
man's property shall be taken from him or applied to P u ^^ C xV?4764 xxv* 

uses without his own consent or that of the representative body 541. xxvii, m. 

xxxv, 141. 
of the people. Nor are the inhabitants of this state con- xxxyi, 404. 

trollable by any other laws than those to which they or their fj,^. liv/590.' 
representative body have given their consent.^j^igj^^jj^; S^e^SiSi! 

[ART.] 13 th . No person who is conscientiously scrupulous Ixv.ns. 
about the lawfulness of bearing arms shall be compelled thereto, tiously scru- 
provided he will pay an equivalent. conipellable to bear arms. 

[ART.] 14 th . Every subject of this state is entitled to aLegalreme- 
certain remedy, by having recourse to the laws, for all injuries f,J| f c OI ri_ 
he may receive in his person, property, or character, to obtain pj-o^' p tf 
right and justice freely, without being obliged to purchase it ; g-^jjj 9 ' B40< 
completely and without any denial ; promptly and without Ixv, 113. 
delay; conformably to the laws. 

[ART.] 15 th . No subject shall be held to answer for any Accused en- 
crime or offense until the same is fully and plainly, substantially an( j substan- 
and formally, described to him. or be compelled to accuse or 
furnish evidence against himself. And every subject shall have 



16 MANUAL OP THE CONSTITUTION. 

may produce a right to produce all proofs that may be favorable to himself, 

fuYly heard, to meet the witnesses against him face to face, and to be fully 

Sm'., 367. heard in his defense by himself and counsel. And no subject 



e arreste d, imprisoned, despoiled, or deprived of his 
lii, 459.lv, 179. property, immunities, or privileges, put out of the protection of 

Ixiii, 406. the law, exiled, or deprived of his life, liberty, or estate, but 

Ixiv, 442 ; 491. 

Ixvi. 577, 633. by the judgment of his peers or the law of the land. 

Ixvil, 279. 

No person to [ART.] 1 6 th . No subject shall be liable to be tried, after an 
ac( l u ^tal, for the same crime or offense ; nor shall the legislature 



quittal ; trial make any law that shall subject any person to a capital punish- 

ital cases. ment (excepting for the government of the army and navy, and 

Ixvii, 278, 279, , 

280. the militia in actual service) without trial by jury. 

Criminal [ART.] 17*. In criminal prosecutions, the trial of facts in 

county%x- tne vicinity where they happen is so essential to the security of 

eral insurrec- ^ e ^ e ' ^berty, and estate of the citizen, that no crime or 

ti 031 - offense ought to be tried in any other county than that in which 

Ivi, 175. it is committed, except in cases of general insurrection in any 

Ixi 423, 426. 

Ixvi, 504. ' 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] 1 shall think proper to direct the trial 
in the nearest county in which an impartial trial can be obtained. 

Penalties to [ART.] i8 th . All penalties ought to be proportioned to the 

tioned P to~ nature of the offense. 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 severity is exerted against all offenses, the 
people are led to forget the real distinction in the crimes them- 
selves and to commit the most flagrant with as little corn- 

True design of punction as they do 2 the lightest [offenses] 3 . For the same 
n ' reason, a multitude of sanguinary laws is both impolitic and 
unjust, the true design of all punishments being to reform, not 
to exterminate, mankind. 

1 Substituted for "assembly," 1793. 

2 "Those of" stricken out, 1793. 

3 Substituted for " dye," 1793. 



MANUAL OP THE CONSTITUTION. 17 

fART.1 io th . [Every subject hath a right to be secure from Searches and 

seizures regu- 

all unreasonable searches and seizures of his person, his houses, lated. 

i, 140. 

his papers, and all his possessions. Therefore, all warrants to xxv/541. 

search suspected places or arrest a person for examination or xivif/sS' 
trial, in prosecutions for criminal matters, are contrary to this j^yi}^^ 
right, if the cause or foundation of them be not previously 
supported by oath or affirmation, and if the order, in a warrant 
to a civil officer, to make search in suspected places or to arrest 
one or more suspected persons or to seize their property, be 
not accompanied with a special designation of the persons or 
objects of search, arrest, or seizure ; and no warrant ought to 
be issued but in cases and with the formalities prescribed by 
law.] 1 

[ART.] 2o th . In all controversies concerning property and Trial by jury 

. in civil causes, 
in all suits between two or more persons, except in cases in ii, 422. ix, 336. 

which it has been heretofore otherwise used and practiced [and 415. xS/362. ' 
except in cases in which the value in controversy does not ?5. V '^i, X 550. V ' 
exceed one hundred dollars and title of real estate is not COB" 455^ 179* IvSl 
cerned], 2 the parties have a right to a trial by jury; and this 51 ' 2 - lvii >55;iiO; 

146; 334. Ivill, 

method of procedure shall be held sacred, unless, in cases 60 ;182; 425. lix, 

350, 561. Ixii, 
arising on the high seas and such as relates to mariners wages, 231. Ixv. 201. 

the legislature shall think it necessary hereafter to alter it. 

[ART.] 2i st . In order to reap the fullest advantage of the Only qualified 
inestimable privilege of the trial by jury, great care ought to be servers ju- 
taken that none but qualified persons should be appointed to fS.lfy^jom- 
serve; and such ought to [be] 3 fully compensated for their pensated - 
travel, time, and attendance. 

[ART.] 22 d . The liberty of the press is essential to the Liberty of the 
security of freedom in a state ; it ought, therefore, to be in- 
violably preserved. 

fART.l 23 d . Retrospective laws are highly injurious, op- Retrospective 

1 laws prohib- 
pressive, and unjust. No such laws, therefore, should belted. 

made, either for the decision of civil causes or the punishment^, 431; 554. 

iv, 16 ; 287. x, 386. xviii, 547. xxiii, 382. xxiv, 351. xxvii, 294. xx'xii, 413. 
xxxix, 304; 377; 505. li, 376, 383; 559. liv, 167. Ivi, 466. Ixiv, 295; 409. 

Ixv, 37; 126. 

1 Substituted for original article 19, 1793. 

2 Inserted, 1877. 

3 Not in engrossed copy of 1793. 



18 MANUAL OF THE CONSTITUTION. 

Militia. [ART.] 24 th . A well-regulated militia is the proper, natural, 

and sure defense of a state. 

armies^ [ART.] 25 th . Standing armies are dangerous to liberty, and 

ought not to be raised or kept up without the consent of the 
legislature. 

Military,, sub- [ART.] 26 th . In all cases and at all times, the military 

power. ^ ought to be under strict subordination to, and governed by, the 
civil power. 

Quartering of [ART.] 27 th . No soldier, in time of peace, shall be quar- 
tered 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 magistrate, in a manner ordained by the legislature. 

Taxes to be [ART.] 28 th . No subsidy, charge, tax, impost, or duty shall 
be established, fixed, laid, or levied, under any pretext what- 
soever, without the consent of the people or their represent- 
atives in the legislature, or authority derived from that body. 

Suspension of [ART.] 29 th . The power of suspending the laws or the 

legislature execution of them ought never to be exercised but by the 
legislature, or by authority derived therefrom, to be exercised 
in such particular cases only as the legislature shall expressly 
provide for. 

fpe e e e c d h m f [ART.] 30 th . The freedom of deliberation, speech, and de- 
bate 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. 

Meetingsof [ART.] 3i st . [The legislature shall assemble for the redress 

for what. o f public grievances and for making such laws as the public 
good may require.] 1 

[ ART -] 3 2d - The people have a right, in an orderly and 



struction, and peaceable manner, to assemble and consult upon the common 
petition. 

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. 

1 Substituted for original Article 31, 1793. 



MANUAL OF THE CONSTITUTION. 19 

TART.] 33 d . No magistrate or court of law shall demand Excessive 

bail, fines, and 

excessive bail or sureties, impose excessive fines, or inflict cruel punishments 

prohibited. 

or unusual punishments. i, 374. xxv, 541. 

FART."! 14 th . No person can in any case be subjected to law Martial law. 

. . limited, 

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. 

[ART.] 35 th . [It is essential to the preservation of the rights Thejudiciary ; 
of every individual, his life, liberty, property, and character, office, etc. 
that there be an impartial interpretation of the laws and admin- xxxiii, 89. 
istration of justice. It is the right of every citizen to be tried f^; f& 
by judges as impartial as the lot of humanity will admit. It is, j^yi' 503' 624. 
therefore, not only the best policy, but for the security of the 
rights of the people, that the judges of the supreme judicial 
court should hold their offices so long as they behave well, 
subject, however, to such limitations on account of age as may 
be provided by the constitution of the state, and that they 
should have honorable salaries, ascertained and established by 
standing laws.] 1 

[ART.] 36 th . Economy being a most essential virtue in all Pensions, 
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. 

[ART.] 37 th . In the government of this state, the three The legisla- 
tive, execu- 
essential powers thereof to wit, the legislative, executive, and tive, and judi- 

- i , , cial depart- 

judicial ought to be kept as separate from, and independent ments to be 

of, each other as the nature of a free government will admit cr^gg 861 
as is consistent with that chain of connection that binds the jviiff 451. 
whole fabric of the constitution in one indissoluble bond of lxiii ' 574 - 
union and amity. 

[ART.] 38 th . A frequent recurrence to the fundamental prin- Social virtues 

inculcated, 
ciples of the constitution and a constant adherence to justice, lviii : 624. 

moderation, temperance, industry, frugality, and all the social 
virtues, are indispensably necessary to preserve the blessings of 

1 Substituted for original Article 35, 1793. 



20 MANUAL OF THE CONSTITUTION. 

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

PART SECOND. 

FORM OF GOVERNMENT. 

Name of body [ART. i.] l The people inhabiting the territory formerly 

politic. called The Province of New Hampshire do hereby solemnly and 

mutually agree with each other to form themselves into a free, 

sovereign, and independent body politic, or state, by the name 

of THE STATE OF NEW HAMPSHIRE. 

GENERAL COURT. 

Legislature, [ART. 2.] The supreme legislative power within this state 
tuted. shall be vested in the senate and house of representatives, each 

Iviii, 549. of which shall have a negative on the other. 
Ixiii, 625. [ART. 3.] The senate and house shall assemble [bienni- 

lxvii, 6 46,'279. all Jj ' 2 on the fir st Wednesday of [January] 3 and at such other 
General court, times as they may judge necessary, and shall dissolve and be 
amf^issSve! dissolved seven days next preceding the said first Wednesday 
of [January] 3 [biennially] , 4 and shall be styled THE GENERAL 
COURT OF NEW HAMPSHIRE. 

Power of [ART. 4.] The general court shall forever have full power and 

to establish""* authority to erect and constitute judicatories and courts of 

lxvi? S 279 record or other courts, to be holden in the name of the state, for 

the hearing, trying, and determining all manner of crimes, 

offenses, pleas, processes, plaints, actions, causes, matters, and 

things whatsoever, arising or happening within this state, or 

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

2 Substituted for " Every Year," 1879. 

3 Substituted for " June," 1889. 

* Substituted for "annually," 1879. 



MANUAL OF THE CONSTITUTION. 21 

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 judicatories are 
hereby given and granted full power and authority from time to 
time to administer oaths or affirmations for the better discovery 
of truth in any matter in controversy or depending before them. 

[ART. 5.] And, further, full power and authority are hereby To make laws, 
given and granted to the said general court, from time to time efin e their* 8 ' 
to make, ordain, and establish all manner of wholesome and SSesf ira? 
reasonable orders, laws, statutes, ordinances, directions, an d 



instructions, either with penalties or without, so as the same be taxes. 
not repugnant or contrary to this constitution, as they may iv, 566. 
judge for the benefit and welfare of this state and for the gov-xv/88. 
erning and ordering thereof and of the subjects of the same, for xxx> 279. 
the necessary support and defense of the government thereof; xlif ^73' 427 
and to name and settle [biennially] ,* or provide by fixed laws xlvhi 41 ^ 



for the naming and settling, all civil officers within this state, pi, 9-_ 
such officers excepted the election and appointment of whom 347. 

. . - lxi,264; 631. 

are hereafter in this form of government otherwise provided for; Ixiv, 402; 560. 

and to set forth the several duties, powers, and limits of the bcvii, 279. 

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 constitu- 

tion ; 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 inhabi- 

tants of, and residents within, the said state, and upon all 

estates within the same, to be issued and disposed of by war- 

rant, under the hand of the [governor] 2 of 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 gov- 

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



22 MANUAL OP THE CONSTITUTION. 

ernment of this state and the protection and preservation of the 
subjects thereof, according to such acts as are or shall be in 
General court force within the same: [provided, that the general court shall 
?rom ibi author- not authorize any town to loan or give its money or credit, 
izing towns di re ctly or indirectly, for the benefit of any corporation having 
corporations. f or its object a dividend of profits, or in any way aid the same 

IVlj ol4. i-ii 

by taking its stock or bonds.] 1 

Valuation of [ART. 6.] And, while the public charges of government or 
iv t! 568 S ' an y P art thereof shall be assessed on polls and estates in the 

IviilS. manner that has heretofore been practiced, in order that such 
lx, 347. assessments may be made with equality there shall be a valua- 

tion 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. 

Members of [ART. 7.] [No member of the general court shall take fees, 
nlSt^take be of counsel, or act as advocate in any cause before either 
counsel &Ct ^ branch of the legislature; and, upon due proof thereof, such 

member shall forfeit his seat in the legislature.] 2 

Legislature to [ART. 8.] [The doors of the galleries of each house of the 
doors. " legislature shall be kept open to all persons who behave decently, 
except when the welfare of the state, in the opinion of either 
branch, shall require secrecy.] 2 

HOUSE OF REPRESENTATIVES. 3 

Representa- fART. 9.] [There shall be, in the legislature of this state, a 
biennially. 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 P^ ace 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- 

2 Inserted, 1879. 

3 Inserted, 1793. 

4 Provisions under tins head followed those under head "senate" 
prior to 1793. 



MANUAL OP THE CONSTITUTION. 23 

portion, making twelve hundred such inhabitants the mean in- 
creasing 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 representatives 
to which such town or city may be entitled by the next preced- 
ing census; and provided further, that, to those towns and Nmnber O f 

cities which since the last census have been divided or had representa- 

tives not to be 
their boundaries or ward lines changed, the general court in increased by 

session next before these amendments shall take effect shall towns. 
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.] l 

[ART. 10.] 2 . 

[ART. 10 (ii) 3 .] [Whenever any town, place, or city ward Small towns 

, may elect a 
shall have less than six hundred such inhabitants, 5 the general proportionate 

court [shall] 6 authorize such town, place, or ward to elect and part 
send to the general court [a representative] 7 such proportion- 
ate part of the time as the number of its inhabitants shall bear 
to six hundred ; but the general court shall not authorize any 
[such] 7 town, place, or ward to elect and send such representa- 
tive, except as herein provided.] 4 

[ART. ii (12).] The members of the house of representa- Biennial elec- 
tives shall be chosen [biennially] 8 in the month of [Novem- Je^attvesm 6 " 
ber] is, and shall be the second branch of the legislature. November. 

[ART. 12 (13).] All persons qualified to vote in the election Qualification 
of senators shall be entitled to vote, within the 9 district 10 where 
they dwell, in the choice of representatives. 

1 Substituted for original Article 9, 1878. 

2 Stricken out, 1889. Subject covered by next section. 

3 Indicates numbering of sections previous to 1889. 
* Substituted for original Article 11, 1878. 

6 " And be so situated that it cannot conveniently be classed with 
any other town, place, or ward," stricken out, 1889. 

6 Substituted for "may," 1889. 

7 Inserted, 1889. 

8 Substituted for " annually," 1878. 

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

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



24 MANUAL OF THE CONSTITUTION. 

Kepresenta- [ART. 13 (14)-] Every member of the house of representa- 
elected,and lives shall be chosen by ballot, and, for two years, at least, 
qualifications ngxt preceding his election, shall have been an inhabitant of 
ln>i ' 9 - this state; l shall be, at the time of his election, an inhabitant 

of the town, parish, or place he may be chosen to represent; 2 
and shall cease to represent such town, parish, or place imme- 
diately on his ceasing to be qualified as aforesaid. 

Compensation [ART. 14 (15)-] [The presiding officers of both houses of 
turef 18 the legislature shall severally receive out of the state 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 : provided, 
however, that when a special session shall be called by the gov- 
ernor, such officers and members shall receive for attendance an 
additional compensation of three dollars per day for a period 
not exceeding fifteen days, and the usual mileage.] 3 

Vacancies in [ART. 15 (16).] All intermediate vacancies in the house of 
filled.' representatives may be filled up from time to time in the same 

manner as [biennial] 4 elections are made. 

House to im- [ART. 16 (17).] The house of representatives shall be the 
the^enate. 16 grand inquest of the state, and all impeachments made by them 

shall be heard and tried by the senate. 

Mpney bills to [ART. 17 (18).] All money bills shall originate in the house 
nc)use. ate in f representatives, but the senate may propose or concur with 

amendments, as on other bills. 

Powerofad- [ART. 18 (19).] The house of representatives shall have 
power to adjourn themselves, but no longer than two days at a 
time. 

1 " 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. 

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

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

14 Substituted for " annual,'M878. 



MANUAL OP THE CONSTITUTION. 25 

[ART. iq (20 Vl A majority of the members of the house of Quorum.what 

3 J . constitutes. 

representatives shall be a quorum for doing business, but, when 

less than two thirds of the representatives elected shall be pres- 
ent, the assent of two thirds of those members shall be neces- 
sary to render their acts and proceedings valid. 

[ART. 20 (21).] No member of the house of representatives Privileges of 

members of 
or senate shall be arrested or held to bail on mesne process the legisla- 

during his going to, returning from, or attendance upon, the ure ' 
court. 

[ART. 21 (22).] The house of representatives shall choose ^eak^and 6 * 

their own speaker, appoint their own officers, and settle the officers, settle 

rules of pro- 
rules of proceedings in their own house [and shall be judge ofceedings, and 

. . .._.,.. punish mis- 

the returns, elections, and qualifications of its members, as conduct. 

pointed out in this constitution.] 1 They shall have authority \' ' 



to punish by imprisonment every person who shall be guilty 
disrespect to the house, in its presence, by any disorderly and 
contemptuous behavior, or by threatening or illtreating 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 execu- 
tion 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. 

[ART. 22 (23).] The senate [governor] 8 and council shall Senate and 

executive 
have the same powers m like cases, provided, that no imprison- have like 

ment by either for any offense exceed ten days. prisonn?ent r fimited. 

[ART. 23 (24).] The journals of the proceedings and all Journals and 
public acts of both houses of the legislature shall be printed and polished; 
published immediately after every adjournment or prorogation, Jly^and pro- 
and, upon motion made by any one member, the yeas and nays*^*^ 5?g 
upon any question shall be entered on the journal, and anylii. 622. 
member of the senate or house of representatives shall have a 

1 Inserted 1793. 

a Substituted for " president," 1793. 



26 MANUAL OP THE CONSTITUTION. 

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. 1 

Senate, how [ART. 24 (25).] The senate shall consist of [twenty- 
tenure of ' four] 2 members, who shall hold their office for [two years] 3 from 

the first Wednesday of [January] 4 next ensuing their election. 
Senatorial [ART. 25 (26).] And, that the state maybe equally repre- 

constituted. sented in the senate, the legislature shall, from time to time, 
divide the state into [twenty-four] 5 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 the said districts, and timely 
make known to the inhabitants of the state the limits of each 
district. 

Election of [ART. 26 (27).] The freeholders and other inhabitants of 
xUv^esI' eac ^ district, qualified as in this constitution is provided, shall 
xlv,597. [biennially], 6 give in their votes for a senator at some meeting 

holden in the month of [November]. 7 

Senators, how [ART. 27 (28).] The senate shall be the first branch of the 
and by whom . . . . . . . . . c .. 

chosen ; right legislature, and the senators shall be chosen in the following 

xliv U 39V404. manner, viz.: every male inhabitant of each town, and parish 
78 ' 279 ' w ^h town privileges, and places unincorporated, in this state, 
of twenty-one years of age and upward, excepting paupers and 
persons excused from paying taxes at their own request, shall 
have a right, at the [biennial] 8 or other meetings of the inhabi- 
tants of said towns and parishes, to be duly warned and holden 

1 Entire provisions relating to senate stricken out and these provi- 
sions substituted, 1793. 

2 Substituted for " twelve," 1878. 

3 Substituted for "one year," 1878. 

4 Substituted for " June," 1889. 

6 Substituted for "twelve," 1878. 

6 Substituted for " annually," 1878. 

7 Substituted for " March," 1878. 

8 Substituted for " annual," 1878. 



MANUAL OF THE CONSTITUTION. 27 

[biennially], 1 forever, in the month of [November], 2 to vote, in 
the town or parish wherein he dwells, for the senator in the 
district whereof he is a member. 

[ART. 28 (29).] Provided, nevertheless, that no person shall Qualifications 
be capable of being elected a senator 3 who is not of the age of 1111,9^ 
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. 

[ART. 29 (30).] And every person qualified as the constitu- Inhabitant 
tion provides shall be considered an inhabitant, for the purpose xliv, 404 ; 635. 
of electing and being elected into any office or place within this xl 
state, in the town, parish, and plantation where he dwelleth and jxii^i 
hath his home. 

[ART. 30 (3O.1 And the inhabitants of plantations and Inhabitants of 

uuincorpo- 

places unincorporated, qualified as this constitution provides, rated places; 
, , their rights, 

who are or shall be required to assess taxes upon themselves x ii v , 635. 

towards the support of government, or shall be taxed therefor, xlv ' 595> 603 ' 
shall have the same privilege of voting for senators, in the plan- 
tations and places wherein they reside, as the inhabitants of the 
respective towns and parishes aforesaid have. And the meet- 
ings of such plantations and places, for that purpose, shall be 
holden [biennially] 1 in the month of [November], 2 at such 
places respectively therein as the assessors thereof shall direct ; 
which assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen and 
town clerks have in their several towns by this constitution. 

[ART. 31 (32).] The meetings for the choice of governor. Biennial 
council, and senators shall be warned by warrant from the select- how warned, 
men, and governed by a moderator, who shall, in the presence conducted; 
of the selectmen (whose duty it shall be to attend), in open votes? e^c. 
meeting, receive the votes of all the inhabitants of such towns xHv,398,407; 
and parishes present and qualified to vote for senators ; and 5|y 

ll 

1 Substituted for " annually," 1878, 

2 Substituted for " March," 1878. 

3 " 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 hundred 
pounds, lying within the state," stricken out, 1852. 



28 MANUAL OF THE CONSTITUTION. 

Iviii, 621. shall, in said meetings, in presence of the said selectmen andot 
lxvi,383. the town clerk in said meetings, 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 
thirty days, at least, before the first Wednesday of [Janu- 
ary], 1 or to the secretary of the state at least twenty days before 
the said first Wednesday of [January] ; J 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 

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

countVotes senators on the first Wednesday of [January], 1 [biennially], 2 

amfSotify the tne governor and a majority of the council for the time being 

elected 8 shall, as soon as may be, examine the returned copies of such 

iiii, 476; 640. records, and fourteen days before the first Wednesday of [Jan- 

Iviii, 621. uary] , l 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. 

Vacancies in [ART. 33 (34)-] And, in case there shall not appear to be a 
filled. ' senator elected by a majority of votes for any district, the defi- 

ciency 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 

1 Substituted for "June," 1889. 

2 Substituted for " annually," 1878. 



MANUAL OP THE CONSTITUTION. 29 

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]. 1 

[ART. 34 (35).] The senate shall be final judges of the elec- Se nate^ judges 

tions, returns, and qualifications of their own members, as elections. 

Ivi, 570, 574. 
pointed out in this constitution. lxviii,56. 

TART, n C^6Vl The senate shall have power to adjourn Adjourn- 

, merits limited 
themselves, provided such adjournment do not exceed two days except in im- 

at a time : provided, nevertheless, that, whenever they shall sit cases? m< 
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. 

[ART. 36 (37).] The senate shall appoint their president ^nate^ 
and other officers, and determine their own rules of proceedings, own officers; 
And not less than [thirteen] 2 members of the senate shall make 
a quorum for doing business; and, when less than [sixteen] 3 
senators shall be present, the assent of [ten], 4 at least, shall be 
necessary to render their acts and proceedings valid. 

[ART. 37 (38).] The senate shall be a court, with full power Senate to try 

and authority to hear, try, and determine all impeachments mente; mode 
. re re of proceeding, 

made by the house of representatives against any omcer or om- 

cers of the state, for bribery, corruption, malpractice, or malad- 
ministration in office, with full power to issue summons or com- 
pulsory process for convening witnesses before them ; 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. 
And every officer impeached for bribery, corruption, malprac- 
tice, or maladministration in office shall be served with an 

1 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. 

2 Substituted for '"seven," 1879. 

3 Substituted for " eight," 1879. 
* Substituted for " five," 1879. 



30 MANUAL OF THE CONSTITUTION. 

attested copy of the impeachment and order of senate thereon, 
with such citation as the senate may direct, setting forth the 
time and place of their sitting to try the impeachment ; which 
service shall be made by the sheriff or such other sworn officer 
as the senate may appoint, at least fourteen days previous to the 
time of trial ; and, such citation being duly served and returned, 
the senate may proceed in the hearing of the impeachment, giv- 
ing the person impeached, if he shall appear, full liberty of pro- 
ducing witnesses and proofs and of making his defense by him- 
self and counsel ; and may, also, upon his refusing or neglecting 
to appear, hear the proofs in support of the impeachment, and 
render judgment thereon, his non-appearance notwithstanding ; 
and such judgment shall have the same force and effect as if the 
person impeached had appeared and pleaded in the trial. 

Judgment on [ART. 38 (39).] Their judgment, however, shall not extend 
limited. m * 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 TART. 39 (40).] Whenever the governor shall be im- 
to preside on , , . . c . , . ..... 

impeachment peached, the chief justice of the supreme judicial court shall, 

fxv??634! n0r ' during the trial, preside in the senate, but have no vote therein. 

EXECUTIVE POWER. 

GOVERNOR. 1 

Title of gov- [ART. 40 (41).] There shall be a supreme executive magis- 
fxvf r 634 trate ' who sna11 be stvled tne Governor of the State of New 

Hampshire, and whose title shall be His Excellency. 

Election of [ART. 41 (42).] The governor shall be chosen [biennially], 2 

furn r ofvotes " in the montn of [November], 3 and the votes for governor shall 
electors; if no be received, sorted, counted, certified, and returned in the same 

1 Entire provisions relating to president stricken out and these pro- 
visions substituted, 1793. 
8 Substituted for " annually," 1878. 
3 Substituted for " March," 1878. 



MANUAL OF THE CONSTITUTION. 31 

manner as the votes for senators ; and the secretary shall lay the choice, leg- 
same before the senate and house of representatives on the first elect one of 
Wednesday of [January], 1 to be by them examined; and, in candidates 8 
case of an election by a majority of votes through the state, the 8nri%8S. 
choice shall be by them declared and published ; and the quali- 
fications 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 Qualifications 
this office unless, at the time of his election, he shall have been for governor, 
an inhabitant of this state for seven years next preceding, and 
unless he shall be of the age of thirty years. 2 

[ART. 42 (43).] In cases of disagreement between the two In cases of; " 
houses with regard to the time or place of adjournment or proro- 
gation, the governor, with advice of council, shall have a right 
to adjourn or prorogue the general court, not exceeding ninety legislature, 
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 [January] 1 . And, in case of any infec- If infectious 
tious distemper prevailing in the place where the said court 
any time is to convene, or any other cause whereby dangers 
may arise to the health or lives of the members from their elsewhere, 
attendance, the governor may direct the session to be holden 
at some other, the most convenient, place within the state. 

[ART. 43 (44).] Every bill which shall have passed both Veto of gov- 
ernor to bills, 
houses of the general court shall, before it become a law, be provisions as 

presented to the governor; if he approve, he shall sign it, butxl'v, 607. 
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 

Substituted for "June," 1889. 

2 "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. 



MANUAL OF THE CONSTITUTION. 

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 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. 

belated* [ ART> 44 (45)-] Every resolve shall be presented to the gov- 

like bills. ernor, 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 prescribed in the case of a bill. 

?oun e cflto and C ART - 45 (46).] All judicial officers, the attorney-general,! 

nominate and coroners, 2 and all officers of the navy and general and field offi- 

appoint offi- 

cers; nomina-cers of the militia shall be nominated and appointed by the 

tion three , .. . 

days before governor and council, and every sucli nomination shall be made 



at least tnree da y s P rior to sucil appointment ; and no appoint- 
ment shall take place unless a majority of the council agree 
thereto. 
Governor and [ART. 46 (47).] The governor and council shall have a neg- 

negative on ative on each other, both in the nominations and appoint- 
each other . _, ... 

ments. 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. 

[ ART - 47 (4 8 )-] Tne captains and subalterns in the respect- 



mend, and ive regiments shall be nominated and recommended by* the 
governor to ~. 

appoint, com- field officers to the governor, who is to issue their commissions 
paiiy officers. , . . .... . . 

immediately on receipt of such recommendation. 

se r nate?2tc f to ^ ART ' 4 8 (49)-] Whenever the chair of the governor shall 

act as govern- become vacant, by reason of his death, absence from the state, 
or when office 

vacant. or otherwise, the president of the senate shall, during such 

Ixvi, 363. 

1 " Solicitors, all sheriffs " stricken out, 1879. 

3 "Registers of probate" stricken out, 1879. 



MANUAL OF THE CONSTITUTION. 33 

vacancy, have and exercise all the powers and authorities 
which, by this constitution, the governor is vested with when 
personally present ; but, when the president of the senate shall 
exercise the office of governor, he shall not hold his office in 

the senate. [Whenever the chair both of the governor and of Speaker of 

liouse to act 
the president of the senate shall become vacant, by reason of when office of 

their death, absence from the state, or otherwise, the speaker senate also 
of the house shall, during such vacancies, have and exercise all vacan 
the powers and authorities which, by this constitution, the gov- 
ernor 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.] 1 

[ART. 49 (50).] The governor, with advice of council, shall Governor to 
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 anyone recess of said court: and, during the sessions - 
sessions of said court, to adjourn or prorogue it to any time the 
two houses may desire ; and to call it together sooner than the 
time to which it may be adjourned or prorogued, if the welfare 
of the state should require the same. 

[ART. 50 (51).] The governor of this state, for the time Powers and 

, . , . r / i . duties of gov- 

being, shall be commander-m-chief of the army and navy and ernor as coin- 
all the military forces of the state by sea and land; and shall SSef ; 6 fimita- 
have full power, by himself or by any chief commander or other tlon - 
officer or officers, from time to time to train, instruct, exercise, 
and govern the militia and navy ; and for the special defense 
and safety of this state, to assemble in martial array and put 
in warlike posture the inhabitants thereof, and to lead and 
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 without the limits of this state ; and also to kill, 
slay, destroy, if necessary, and conquer, by all fitting ways, 
enterprise, and means, all and every such person and persons 
as shall at any time hereafter, in a hostile manner, attempt or 
enterprise the destruction, invasion, detriment, or annoyance 
of this state ; and to use and exercise over the army and navy 
1 Inserted, 1889. 



34 MANUAL OF THE CONSTITUTION. 

and over the militia in actual service the law martial, in time 
of war, invasion, and also in rebellion declared by the legisla- 
ture to exist, as occasion shall necessarily require ; and sur- 
prise, by all ways and means 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 intrusted 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. 

Pardoning [ART. 51 (52).] The power of pardoning offenses, except 

such as persons may be convicted of before the senate, by im- 
peachment of the house, shall be in the governor, by and with 
the advice of council ; but no charter of pardon, granted by the 
governor, with advice of council, before conviction, shall avail 
the party pleading the same, notwithstanding any general or 
particular expressions contained therein, descriptive of the of- 
fense or offenses intended to be pardoned. 

Militia offi- [ART. 52 (53).] No officer, duly commissioned to com- 

cers, removal mand in thg militia> shall be removec i f rom 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. 
conrn3 ndn n ~ [ART. 53 (54).] The commanding officers of the regiments 

sioned offi- shall appoint their adjutants and quartermasters : the briga- 

cers.by whom ,. , . . , . . 

appointed. diers, their brigade-majors ; the major-generals, their aids ; the 

captains and subalterns, their non-commissioned officers. 
mil^a?nto [ ART - 54 (55)-] The division of the militia into brigades, 

brigades, reg- regiments, and companies, made in pursuance of the militia 



MANUAL OP THE CONSTITUTION. 35 

laws now in force, shall be considered as the proper division ofiments.and 

companies, 
the militia of this state, until the same shall be altered by some 

future law. 

[ART. 55 (56).] No moneys shall be issued out of the treas- ^vfni'rom 

ury of this state and disposed of (except such sums as may be treasury only 

by warrant of 

appropriated for the redemption of bills of credit or treasurer's governor, 

pursuant to 

notes, or for the payment of interest arising thereon) but by law. 

warrant under the hand of the governor for the time being, by 
and with the advice and consent of the council, for the neces- 
sary support and defense of this state and for the necessary 
protection and preservation of the inhabitants thereof, agreeably 
to the acts and resolves of the general court. 

[ART. 56 (57).] All public boards, the commissary-general, Accounts of 

all superintending officers of public magazines and stores be- stores, etc., to 

. be rendered 
longing to this state, and all commanding officers of forts and quarterly. 

garrisons within the same shall, once in every three months, 
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 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 com- 
manding officer shall exhibit to the governor, when required by 
him, true and exact plans of such forts, and of the land and 
sea, or harbor or harbors adjacent. 

[ART. 57 (58).] The governor and council shall be compen- 2?Sf "ov"- 

sated for their services, from time to time, by such grants as ernor and 

council, 
the general court shall think reasonable. 

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

COUNCIL. 1 

[ART. 59 (60).] There shall be [biennially] 2 elected by bal- Councilors ; 

mode of elec- 
lot five councilors, for advising the governor m the executive tion, etc. 

1 Entire provision as to Council stricken out and these provisions 
substituted 1793. 

2 Substituted for " annually," 1878. 



36 



MANUAL OF THE CONSTITUTION. 



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



Occurring 
afterward ; 
new election. 



Governor to 
convene ; 
duties. 



Impeachment 
of councilors. 



Secretary to 
record pro- 
ceedings of 
council. 



part of government. The freeholders and other inhabitants 
in each county, qualified to vote for senators, shall, some- 
time in the month of [November], 1 give in their votes for one 
councilor, which votes shall be received, sorted, counted, certi- 
fied, and returned to the secretary's office, in the same manner 
as the votes for senators, to be by the secretary laid before the 
senate and house of representatives on the first Wednesday of 
[January]. 2 

[ART. 60 (61).] And the person having a majority of votes 
in any county shall be considered as duly elected a councilor; 
but, if no person shall have a majority of votes in any county, 
the senate and house of representatives shall take the names of 
the two persons who have the highest number of votes, in each 
county and not elected, and out of' those two shall elect, by 
joint ballot, the councilor wanted for such county; and the 
qualifications for councilors shall be the same as for senator. 

[ART. 6 1 (62).] If any person thus chosen a councilor shall 
be elected governor or member of either branch of the legisla- 
ture and shall accept the trust, or if any person elected a coun- 
cilor shall refuse to accept the office, or in case of the death, 
resignation, or removal of any councilor out of the state, the 
governor may issue a precept for the election of a new councilor 
in that county where such vacancy shall happen ; and the choice 
shall be in the same manner as before directed ; and the gov- 
ernor 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, cor- 
ruption, malpractice, or maladministration. 

[ART. 63 (64).] The resolutions and advice of the council 
shall be recorded by the secretary in a register, and signed by 
all the members present agreeing thereto ; and this record may 

1 Substituted for "March," 1878. 

2 Substituted for "June," 1889. 



MANUAL OP THE CONSTITUTION. 37 

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. 

TART. 64 (65).] The legislature may, if the public good shall Councilor dis- 

, tricts pro- 
hereafter require it, divide the state into five districts, as nearly vided for. 

equal as may be, governing themselves by the number of rat- 
able polls and proportion of public taxes, each district to elect 
a councilor; and, in case of such division, the manner of the 
choice shall be conformable to the present mode of election in 
counties. 

[ART. 65 (66).] And, whereas the elections appointed to be Elections by 
made by this constitution on the first Wednesday of [January] 1 may bVad- 
[biennially], 2 by the two houses of the legislature, may not j^t day ; 
be completed on that day, the said elections may be adjourned ord er thereof. 
from day to day until the same be completed. And the order 
of the elections shall be as follows : The vacancies in the 
senate, if any, shall be first filled up ; the governor shall then 
be elected, provided there shall be no choice of him by the peo- 
ple ; and, afterwards, the two houses shall proceed to fill up the 
vacancy, if any, in the council. 

SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC. 

[ART. 66 (67).] The secretary, treasurer, and commissary- Election of 
general shall be chosen by joint ballot of the senators and repre- treasurer,' and 
sentatives, assembled in one room. 



[ART. 67 (68).] The records of the state shall be kept in the State records, 
office of the secretary, 8 and he shall attend the [governor] 4 and duty'of s^cre- 
council, the senate and representatives, in person or by deputy, x^cxv, 679. 
as they may require. 

[ART. 68 (69).] [The secretary of the state shall at all times Deputy secre- 
have a deputy, to be by him appointed, for whose conduct in 
office he shall be responsible ; and, in case of the death, re- 

1 Substituted for "June," 1889. 

2 Substituted for " annually," 1879. 

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



38 MANUAL OF THE CONSTITUTION. 

moval, 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.] 1 

Secretar^to [ART. 69 (70).] [The secretary, before he enters upon the 
business of his office, shall give bond, with sufficient sureties, 
in a reasonable sum, for the use of the state, for the punctual 
performance of his trust.] 1 

COUNTY TREASURERS, ETC. 

Srerafregis?" C ART - 7 (7 1 )-] [ The county treasurers [registers of probate, 
bates<5icit solicitors > sheriffs], 2 and registers of deeds shall be elected by 

ors, sheriffs, the inhabitants of the several towns in the several counties in 

and registers 

of deeds. 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 electing them.] 8 

be l dMded nay C ART - 71 (72).] [And the legislature, on the application of 

into districts the major part of the inhabitants of any county, shall have au- 

ing deeds. thority to divide the same into two districts for registering 

deeds, if to them it shall appear necessary, each district to elect 

a register of deeds ; and, before they enter upon the business of 

their offices, shall be respectively sworn faithfully to discharge 

the duties thereof, and shall severally give bond, with sufficient 

sureties, in a reasonable sum, for the use of the county, for the 

punctual performance of their respective trusts.] 4 

JUDICIARY POWER. 

fice ?o 6 be ex-~ ! [ ART - 7 2 (73)0 The tenure that a11 commissioned officers 
commissions- s ^ a ^ ^ ave ^ v * aw * n ^ e ^ r on ^ ces sna ^ be expressed in their re- 
judges to hold spective commissions. All judicial officers, duly appointed, 
goodbehav- commissioned, and sworn, shall hold their offices during good 
behavior, excepting those concerning whom there is a different 

1 Inserted, 1793. 

8 Inserted, 1877. 

3 Substituted for original section, 1793. 

* Inserted, 1793. 



MANUAL OF THE CONSTITUTION. 39 

provision made in this constitution : provided, nevertheless, the 
[governor], 1 with consent of council, may remove them upon 
the address of both houses of the legislature. 

[ART. 73 (74)-] Each branch of the legislature, as well as judges to 
the [governor] 1 and council, shall have authority to require the frtl| n pmions ' 
opinions of the justices of the superior court upon important x f v '^ 7 ' 
questions of law and upon solemn occasions. Ivi, 577. Ix, 585. Ixii, 704. Ixiii, 574. 

FART. 74 (70-1 In order that the people may not suffer Justices of 

peace com- 
from the long continuance in place of any justice of the peace missioned for 

who shall fail in discharging the important duties of his office jjJ^S*" 
with ability and fidelity, all commissions of justices of the peace jxlli 1 ^." 
shall become void at the expiration of five years from their re- 
spective dates; and upon the expiration of any commission, the 
same may, if necessary, be renewed, or another person ap- 
pointed, as shall most conduce to the well being of the state. 2 

TART. 7C (76).] All causes of marriage, divorce, and ali- Divorces and 

probate ap- 
mony, and all appeals from the respective judges of probate, peals, where 

shall be heard and tried by the superior court, until the legisla- tr 
ture shall by law make other provision. 

[ART. 76 (77).] [The general court are empowered to give Jurisdiction 

Y'. & . of justices in 

to justices of the peace jurisdiction in civil causes, when the civil causes. 

damages demanded shall not exceed [one hundred dollars] 3 and 11 ' 
title of real estate is not concerned, but with right of appeal to 
either party to some other court.] 4 5 

[ART. 77 (78).] [No person shall hold the office of judge of Judges and 

sheriffs, when 
any court, or judge of probate, or sheriff of any county, after he disqualified 

has attained the age of seventy years.] 2 Ixiufli. 

[ART. 78 (7Q.V1 TNo judge of any court or justice of the Judges and 

justices not to 
peace shall act as attorney, or be of counsel to any party, or act as counsel. 

originate any civil suit, in matters which shall come or be 
brought before him as judge or justice of the peace.] 4 

1 Substituted for " president," 1793. 

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

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

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



40 MANUAL OF THE CONSTITUTION. 

Jurisdiction [ART. 79 (80). ] [All matters relating to the probate of 

probate wills and granting letters of administration shall be exercised by 

xxxix,' no. the judges of probate in such manner as the legislature have 

directed or may hereafter direct; and the judges of probate 

shall hold their courts at such place or places, on such fixed 

days, as the conveniency of the people may require and the 

legislature from time to time appoint.] 1 

Judges and fART. 80 (8 1).] [No judge or register of probate shall be of 

t0 counsel, act as advocate, or receive any fees as advocate or 
counsel, in any probate business which is pending or may be 
li, 600. brought into any court of probate in the county of which he is 

judge or register.] 1 

CLERK OF COURTS. 

Clerksof [ART. 81 (82.)] [The judges of the courts (those of probate 

excepted) shall appoint their respective clerks, to hold their 
office during pleasure ; and no such clerk shall act as an attor- 
ney or be of counsel in any cause in the court of which he is 
cletk, nor shall he draw any writ originating a civil action.] 2 3 

ENCOURAGEMENT OF LITERATURE, ETC. 

Encourage- [ART. 82 (83).] Knowledge and learning generally diffused 

ature,etc. lter " tnrou g n a community being essential to the preservation of a 
Ivi 3 509. ^ ree g vernment and spreading the opportunities and advan- 

Iviii, 624. tages of education through the various parts of the country 

being highly conducive to promote this end, it shall be the duty 
of the legislators and magistrates, in all future periods of this 
government, to cherish the interest of literature and the sci- 
ences, and all seminaries and public schools ; to encourage pri- 
vate and public institutions, rewards, and immunities for the 
promotion of agriculture, arts, sciences, commerce, trades, 
manufactures, and natural history of the country ; to counte- 
nance and inculcate the principles of humanity and general 

1 Inserted, 1793. 

2 Substituted for original section, 1793. 

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



MANUAL OF THE CONSTITUTION. 41 

benevolence, public and private charity, industry and economy, 
honesty and punctuality, sincerity, sobriety, and all social affec- 
tions and generous sentiments, among the people : [Provided, 
nevertheless, that no money raised by taxation shall ever be 
granted or applied for the use of the schools or institutions of 
any religious sect or denomination]. 1 

OATH AND SUBSCRIPTIONS. EXCLUSION FROM OFFICES. COM- 
MISSIONS. WRITS. CONFIRMATION OF LAWS. HABEAS 
CORPUS. THE ENACTING STYLE. CONTINUANCE OF OFFI- 
CERS. PROVISION FOR A FUTURE REVISION OF THE CON- 
STITUTION. ETC. 

[ART. 83 (84).] Any person chosen [governor] ,2 councilor, Oath of civil 
senator, or representative, military or civil officer (town officers 
excepted), accepting the trust, shall, before he proceeds to ex 
cute the duties of his office, make and subscribe the following 
declaration, viz. : 

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

I, A B, do solemnly and sincerely swear and affirm that I will 
faithfully and impartially discharge and perform all the duties 
incumbent on me as , according to the best of my abil- 
ities, agreeably to the rules and regulations of this constitu- 
tion and the laws of the state of New Hampshire. So help me 
God. 

[Any person having taken and subscribed the oath of alle- 
giance, [and the same being filed in the secretary's office], 4 he 
shall not be obliged to take said oath again.]* 

Provided, always, when any person chosen or appointed as 
aforesaid shall be of the denomination called Quakers, or shall 
be scrupulous of swearing and shall decline taking the said 

1 Inserted, 1877. 

2 Substituted for " president," 1793. 

3 Substituted for original oath, 1793. 

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

8 Inserted, 1793. 
4 



42 MANUAL OF THE CONSTITUTION. 

oaths, such [person] 1 shall take and subscribe them, omitting 
the word " swear," and likewise the words " So help me God," 1 " 1 
subjoining, instead thereof, " This I do under the pains and 
penalties of 'perjury '." 

Before whom [ART. 84 (85).] [And the oaths or affirmations shall be 
taken and subscribed by the governor, before the president of 
the senate, in presence of both houses of the legislature ; and 
by the senators and representatives first elected under this con- 
stitution, 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 man- 
ner as the legislature shall from time to time appoint.] 2 

Form of com- [ART. 85 (86).] All commissions shall be in the name of the 
state of New Hampshire, signed by the [governor], 3 and at- 
tested by the secretary or his deputy, and shall have the great 
seal of the state affixed thereto. 

Form of writs. [ART. 86 (87).] All writs issuing out of the clerk's office, in 

xy 3 !?. anv f ^ e courts f l aw > sna ll be in the name of the state of 

xix, 394. New Hampshire, shall be under the seal of the court whence 

Ivii, 188. 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. 

Form of in- [ART. 87 (88).] All indictments, presentments, and informa- 

ix, 468. tions shall conclude, against the peace and dignity of the state" 

Suicides and [ART. 88 (89).] The estates of such persons as may destroy 
deodands. their Qwn liyes glia jj not for that o ff ense j )e forfeited, but descend 

or ascend in the same manner as if such persons had died in a 
natural way. Nor shall any article which shall accidentally oc- 
casion the death of any person be henceforth deemed a deodand, 
or in any wise forfeited on account of such misfortune. 

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

2 Substituted for original section, 1793. 

3 Substituted for "president," 1793. 



MANUAL OF THE CONSTITUTION. 43 

TART. 89 (90).] All the laws which have heretofore been Existing laws 

to continue 
adopted, used, and approved in the province, colony, or state in force, if not 

of New Hampshire, and usually practiced on in the courts of constitution, 
law, shall remain and be in full force until altered and repealed i}, 5 i. 173 ' 
by the legislature, such parts thereof only excepted as are y^j^^o 
repugnant to the rights and liberties contained in this constitu- x Ui && 
tion : provided, that nothing herein contained, when compared xxiv, 223. 
with the twenty-third article in the bill of rights, shall be con- xliii, 502. 

cc , , Hv, 286, 548. 

strued to affect the laws already made respecting the persons or ixvi, 300. 
estates of absentees. 

[ART. 90 (91)-] The privilege and benefit of the habeas Habeas cor- 
corpus shall be enjoyed in this state in the most free, easy, 
cheap, expeditious, and ample manner, and shall not be sus- 
pended by the legislature except upon the most urgent and 
pressing occasions, and for a time not exceeding three months. 

[ART. 91 (92).] The enacting style, in making and passing Enacting ^ 
acts, statutes, and laws, shall be, Be it enacted by the Senate^^- 

IYIII *V7^ 

and House of Representatives in General Court convened. 

[ART. 92 (93).] No [governor] 1 or judge of the [supreme Governor and 
judicial] 2 court shall hold any office or place under the author- hibited from 
ity of this state, except such as by this constitution they are offices.* ' 
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 at Incompatibil- 
the same time more than one of the following offices within this only two offi- 
state, viz. : judge of probate, sheriff, register of deeds; and to\ holden 
never more than two offices of profit, which maybe held by at same time * 
appointment of the [governor] * or [governor] * and council, 
or senate and house of representatives, or superior or inferior 
courts, military offices and offices of justices of the peace ex- 
cepted. 

[ART. 94 (95).] [No person holding the office of judge o 
any court (except special judges), secretary, treasurer of the offices. 

1 Substituted for " president," 1793. 

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



44 MANUAL OP THE CONSTITUTION. 

state, attorney-general, commissary-general, military officers 
receiving pay from the continent or this state (excepting officers 
of the militia occasionally called forth on an emergency), regis- 
ter 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 officers with whom it is their duty to settle such 
accounts, members of congress, or any person holding any 
office under the United States, shall at the same time hold the 
office of governor, or have a seat in the senate or house of 
representatives or council ; but his being chosen and appointed 
to and accepting the same shall operate as a resignation of 
their seat in the chair, senate, or house of representatives, 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.] l 

Bribery and [ART. 95 (96).] No person shall ever be admitted to hold a 
corruption seat - in t j ie legislature, or any office of trust or importance under 
office. this government, who, in the due course of law, has been con- 

victed of bribery or corruption in obtaining an election or 
appointment. 

Value of [ART. 96 (97).] In all cases where sums of money are men- 

coinputed OW tioned in this constitution, the value thereof shall be computed 

in silver at six shillings and eight pence per ounce. 

Constitution, [ART. 97 (98).] [To the end that there may be no failure of 
effort.* ta 6 justice or danger to the state by the alterations and amend- 
ments made in the constitution, the general court is hereby fully 
authorized and directed to fix the time when the alterations and 
amendments shall take effect, and make the necessary arrange- 
ments accordingly.] 28 

Revision of [ART. 98 (99).] It shall be the duty of the selectmen and 
provided^for. assessors of the several towns and places in this state, in warn- 
ing the first annual meetings for the choice of senators, after 
the expiration of seven years from the adoption of this constitu- 

1 Substituted for original section, 1793. 

2 See act of December 14, 1792. 

3 Substituted for original section, 1793. 



MANUAL OF THE CONSTITUTION. 45 

tion 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 consti- 
tution ; 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 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 meet- 
ings, 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 representatives to the general 
court : provided, that no alterations shall be made in this con- 
stitution before the same 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. 

TART. 00 (ioo).l [And the same method of taking the sense Question on 
.. L , . revision to be 

of the people as to a revision of the constitution and calling a taken every 

convention for that purpose shall be observed afterward, at 86 
the expiration of every seven years.] l 

FART. 100 (ioi).l This form of government shall be enrolled Enrollment 
,, J j . , , J ju of constitu- 

on parchment and deposited in the secretary's office, and be a tion. 

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. 

1 Substituted for last section of original Constitution, 1793. i 



46 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 corre- 
spond . . . with the committees ... in our sister colonies, and 
to exhibit to this house an account of such their proceedings when re- 
quired." This committee called a convention of delegates from the 
several towns at Exeter on July 21, 1774. Four other similar conven- 
tions followed, the last one convening on December 21, 1775. On Janu- 
ary 5, 1776, the convention resolved itself into a house of representa- 
tives 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 in- 
structed 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 convention continued in existence 
over two years, during which time two constitutions were framed, sub- 
mitted to the people, and rejected. A third one which had been ap- 
proved 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 
effectual adherence to the principles of the constitution and to correct 
any violations thereof as well as to make such alterations as from ex- 
perience may be found necessary." On the second Wednesday of Feb- 
ruary, 1792, this convention voted to submit 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 re- 
jected under the heads, Senate, Governor and Council, by reason 
whereof the amendments were rendered inconsistent and contradict- 
ory. 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 Constitution of 
the State of New Hampshire." 

In the years 1799, 1806, 1813, 1820, 1832, 1833, 1837, 1844, and 1846 the ques- 
tion of calling a constitutional convention was submitted to the people 
and they voted in the negative. In 1849 the question was again sub- 



MANUAL OF THE CONSTITUTION. 47 

mitted and was approved by a large majority. The legislature accord- 
ingly 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 affirm- 
ative action 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 major- 
ity was in favor of holding a convention and the legislature by act 
dated July 18, 1876, called a convention to meet in Concord on Decem- 
ber 6, 1876. This convention proposed amendments changing the Con- 
stitution 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 was in favor of a convention, and 
the legislature, by act of November 5, 1887, called one to meet at Con- 
cord, January 2, 1889. Seven amendments were submitted by this con- 
vention, 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 
convention was again taken in the years 1894 and 1896 with a negative 
result. 

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 indi- 
cating 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 l, 1793, and all others on the first Wed- 
nesday 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 ; and those of 1889, April 2, 1889. 

The numbering of the sections of Part II first appeared in the Re- 
vised 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.] 



INDEX TO THE CONSTITUTION OF NEW HAMP- 
SHIRE. 



Absentees, laws respecting estates of 43 

Accused, constitutional rights of 15 

to be tried in what county 16 

not compelled to give evidence against himself 16 

not deprived of life, etc., but by law of the land 16 

not to be tried after acquittal 16 

to have right to meet witnesses face to face 16 

Acquittal, no trial for crime after 16 

Acts and resolves, to be printed and published immediately after passage 25 

Address, removal of officers by 34, 39 

Adjournment of house of representatives 24 

of senate 29 

by governor, of legislature, when 31 

Affirmation equivalent to oath, when 42 

Amendments, to state constitution, how made 44 

when to take effect 44 

Appointments by governor and council , how made 32 

of military officers 32 

Appraisal for taxation, valuation of estates taken 22 

Armies, how raised 18 

Arms, certain persons not compelled to bear 15 

Army and navy, standing, dangerous 18 

Arrests, members of legislature exempt from, when 25 

Arts, legislature to promote 40 

Assembly, right of, secured 18 

Attorney -general, appointed by governor and council 32 

Bills and resolves, vote by yeas and nays, when 31 

to be presented to governor 31 

if disapproved, returned 31 

objections entered on journal 31 

if not returned in live days become laws 32 

if again passed sent to other house 32 

become laws, when 32 

same proceedings upon resolves 32 

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

Clerk, of supreme court, how appointed 40 

to sign writs 42 

not to act as counsel, etc 40 



MANUAL OF THE CONSTITUTION. 49 

Commander-in-chief, governor to be 33 

powers of 33, 34 

Commissary -general, appointment and duties of 35, 37 

to render account to governor 35 

Commissions, tenure of office to be expressed in 38 

how made and signed 42 

Compensation, members Of legislature 24 

governor and council 35 

justices of supreme court 35 

Constitution, to be enrolled ; deposited where 45 

prefixed to printed laws 45 

how amended, etc 45 

Conventions, constitutional, how called ; duties 44 

Conviction, of certain crimes, disqualifies, how 44 

Coroners, how appointed 32 

Councilor districts, how constituted 37 

Councilors, qualifications of 27, 36 

new election, when 36 

votes for, how received, returned, etc 36 

laid before senate, when 36 

election in joint convention, when 36 

order of such elections 37 

vacancies 36 

oath of office 41 

subject to impeachment 36 

Counties, may be divided into districts, for what 38 

County treasurer, elected how 38 

Courts, legislature may establish 20 

powers of 20 

not to demand excessive bail 19 

opinions of, maybe required, when 39 

jurisdiction 39 

Courts-martial, officers removed by 34 

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

tried in county where committed, except 16 

no subject to be tried for, after acquittal 16 

Criminal prosecutions, respondents, constitutional rights of 16 

to be tried in what county 16 

Debate, freedom of, in legislature 18 

Deodands, abolished 42 

Departments of government to be kept distinct 19 

Deputy secretary of state, appointment and duties 37 

Districts, councilor 37 

senatorial 26 

for registry of deeds 38 

Due process of law secured to litigants 16 

Dwelling-houses, searches of 17 



50 MANUAL OF THE CONSTITUTION. 

Education, legislature to promote 40 

Elections, to be free 30 

by joint convention 28, 36 

order of 37 

of state officers 37 

governor 27, 36 

and councilors 27, 36 

senators 26, 27 

members of house 22 

county officers 38 

duties of town officers at 27, 28 

in unincorporated places 27 

Eligibility to office, constitutional right 15 

Eminent domain, property not to be taken without pay 15 

Enacting style, of statutes, etc 43 

Encouragement of literature, sciences, arts, etc 40 

Evidence, accused not to furnish against himself 15 

Ex Post Facto laws, not passed 17 

Executive power to be independent of other departments 19 

Exemptions from arrest on civil process of members of the legislature. . 25 

Forts, commanders to render accounts 35 

exhibit plan of 35 

Freedom of speech and press secured 18 

all men secured 14 

General court, how constituted 20 

oaths of members, before whom 41, 42 

speaker, how chosen 25 

when to assemble and dissolve 20 

freedom of speech in 18 

powers of 20, 21 

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

erect courts 20 

impose fines, etc 21 

taxes 21 

make laws, etc 21 

name civil officers 21 

order valuation of estates 22 

journals and public acts published, when 25 

yeas and nays entered, when 25, 32 

protest of member entered, when 26 

objections of governor to bill entered 31 

may call for record of governor and council 37 

require opinions of court, when 39 

not to authorize towns to loan money, etc., to corporations 22 

doors of galleries to be kept open, except 22 

bills to be presented to governor 31 

if not approved returned 31 



MANUAL OP THE CONSTITUTION. 51 

General court, bills proceedings upon return 32 

if not returned in five days become laws 32 

member of, not to take fees ; penalty for 22 

governor may adjourn or prorogue 33 

special sessions, how called 33 

compensation at 24 

may authorize towns to support teachers of religion 14 

Government, originates from the people 13 

Governor, supreme executive magistrate 30 

chosen when ; style ; title 30, 31 

qualifications of 31 

electors of 31 

votes for, how received, returned, etc 31 

laid before senate, when 31 

if election by people, declared 31 

if not, elected in joint convention 31 

order of such elections 37 

oath of office ; before whom 41, 42 

warrant of, money paid out on 21, 35 

nominations and appointments by 32 

removals from office by 34, 39 

may issue precept for new election 29, 36 

to issue summons to senators 28 

may direct place of holding session, when 31 

bills to be presented to, procedure 31 

resolves to be presented to, procedure 32 

to dissolve general court, when 31 

issue military commissions 32 

military officers to render accounts to 35 

exhibit plans of forts to 35 

to be coinmander-in-chief ; powers 33, 34 

how compensated 35 

trial of, on impeachment 30 

vacancy in office of, how filled 33 

Governor and council to be convened when and for what 36 

resolutions, etc., to be recorded, etc 36 

to have negative on each other 32 

negatives to be signed by 32 

how compensated 35 

may adjourn or prorogue general court, when 33 

may call together, when 33 

certain officers appointed by ; procedure 32 

appointments to be signed by 32 

removals from office by 39 

warrant upon treasury for money 35 

to examine election returns 28 

power of pardoning offenses 34 

may require opinions of court, when 39 

law martial not to be exercised without consent of 34 



52 MANUAL OF THE CONSTITUTION. 

Habeas corpus to be enjoyed, how 43 

suspension of writ of, limited 43 

Hereditary offices prohibited 14 

House of representatives, representation 22, 23 

towns not to be divided, etc 23 

small towns, how represented 23 

members of, chosen how 24 

qualifications of 24 

compensation of 24 

oath of ; before whom 41, 42 

privileges of 25 

powers of 24 

quorum, what 25 

two-thirds assent requisite when 25 

vacancies in, how filled 24 

may adjourn for two days 24 

impeachments by 24 

money bills to originate in 24 

may require opinions of court, when 39 

Impeachment, by house of representatives 24 

senate to try 24, 29 

members to be sworn 29 

officer impeached, how summoned 30 

may produce witnesses, etc 30 

may compel attendance of witnesses. 30 

accused not appearing, procedure 30 

judgment to be what 30 

party convicted liable to indictment 30 

of governor, procedure 30 

members of council liable to 36 

Indictments, how to conclude 42 

Inhabitant may mean what 27 



Journals, objection of governor to bill entered in 31 

protest entered in, when 26 

yeas and nays entered in, when 25, 32 

publication of 25 

Judges, should be impartial 19 

how appointed 32 

tenure of office of 19 

removal of 39 

salaries of to be honorable 19 

disqualified after 70 years of age 39 

qualifications of 39 

Judges of probate, jurisdiction of 40 

not to be counsel, etc 40 



MANUAL OF THE CONSTITUTION. 53 

Judges of probate not to hold office after 70 years of age 39 

not to hold other office 43 

to hold courts, where 40 

appeals from, where heard 39 

Judicial officers, how appointed 32 

removed 39 

term of office 39 

disqualified after 70 years of age 39 

Judicial power independent of other departments 19 

Jurisdiction of supreme court 39 

Jurors, who to be 17 

to be fully paid 17 

Jury trial secured in certain cases 16, 17 

civil cases, when 17 

capital cases, except 16 

Justice to be obtained freely, etc 15 

Justices of the peace, jurisdiction of 39 

term of office of 39 

not to be of counsel, etc 39 

Law martial, no person subject to, except 19 

not to be exercised when 34 

Law of the land, subjects entitled to benefit of 15 

Laws should provide remedies 15 

sanguinary denounced 16 

not to be suspended, except 18 

inhabitants controlled by what 15 

enacting style of 43 

in force until repealed, unless 43 

Legislative power to be independent of other departments 19 

Legislature, how constituted 20 

oaths of members of, before whom 41, 42 

speaker of, how chosen 25 

when to assemble and dissolve 20 

freedom of speech in 18 

powers of 20, 21 

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

erect courts 20 

impose fines, etc 21 

taxes 21 

make laws, etc 21 

name civil officers 21 

order valuation of estates 22 

journal and public acts published, when 25 

yeas and nays entered, when 25, 32 

protest of member entered, when 26 

objections of governor to bill entered 32 

may call for record of governor and council 37 

require opinions of court, when 39 



54 MANUAL OF THE CONSTITUTION. 

Legislature, not to authorize to loan money, etc., to corporations 22 

doors of galleries to be kept open, except 22 

bills to be presented to governor 31 

if not approved, returned 31 

proceedings upon return 31 

if not returned in five days, become laws 32 

member of, not to take fees, etc. ; penalty 22 

governor may adjourn or prorogue 31 

special sessions of, how called 33 

compensation at 24 

may authorize towns to support teachers of religion 14 

Liberty of the press preserved 17 

Magistrates accountable to the people 14 

not to demand excessive bail, etc 19 

Martial law, how applied 19 

to be exercised when 34 

Military subordinate to civil power 18 

Militia, well regulated, necessary 18 

governor commander-in-chief of 33 

divided into brigades, etc 34 

National Guard, commander-in-chief, who 33 

powers of 33 

officers of, how appointed 32 

removal of 34 

commissary -general, duties of 35 

Money, how paid out of treasury 35 

value of, how computed 44 

bills, to originate in house 24 

senate may propose amendments to 24 

Name, of state, established 20 

Natural rights, what are 13 

certain inalienable 13 

Navy, officers of, how appointed 32 

Nominations, of officers, how made 32 

Non-resistance, doctrine of, denounced 15 

Oath, required of certain officers 41, 42 

affirmation equivalent to, when 42 

administered by whom 42 

Office, general eligibility to 15 

not to be hereditary 14 

Officers, incompatibility of certain offices 43 

general court to elect, when 20 

prescribe duties, etc 21 

to take what oaths 41, 42 

military, how appointed 32 

removed 34 



MANUAL OF THE CONSTITUTION. 55 

Officers, judicial, etc., how appointed 32 

removed 39 

term of 39 

disqualified after 70 years 39 

Pardon, power of governor and council 34 

not of person impeached 34 

before conviction, not to avail 34 

Penalties, to be proportionate to offense 16 

Pensions, grant of, limited 19 

from other governments, effect of 43 

Presentments, how to conclude 42 

President of senate, how appointed 29 

to act as governor when 32 

Press, liberty of, preserved 17 

Prisoner, rights of 15 

Privileges, governor and council have same power 25 

of members of legislature 25 

breach of, how punished 25 

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

Prorogations, of general court, by governor 33 

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 21 

design of 16 

capital, not inflicted without jury trial, except 16 

legislature may impose 21 

Quorum, of senate 29 

assent of ten, when 29 

of house of representatives 25 

assent of two thirds, when 25 

Register of deeds, elected how 38 

eligibility of 40 

may be two for county 38 

not to hold other office 43 

oath of 41 

Register of probate, elected, how 38 

not to act as counsel 40 

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 



56 MANUAL OF THE CONSTITUTION. 

Remedies, for injuries, should be certain, etc 15 

Removal, by address, of what officers 34, 39 

Representation, legislative, of towns how determined 22 

Representatives, in legislature, qualifications of 24 

oaths of 41, 42 

Revision of constitution, vote on, to be taken every seven years 44 

convention for, called, when 45 

delegates, how chosen 45 

return of votes 45 

alterations to be approved 45 

to take effect when 45 

Revolution, right of, declared 15 

Rights, natural, what are 13 

Rules of house, how settled 25 

senate 29 

Salaries, of governor 35 

Schools, encouragement of 40 

of religious sect, money not granted to 41 

Science, legislature may promote 40 

Search warrants, unreasonable, forbidden 17 

Searches and seizures, regulated 13 

Secretary of state, chosen how 37 

bond of 38 

to have deputy 37 

may remove deputy 37 

records kept in office of 37 

to attend governor and council 37 

record resolutions, etc., of council 37 

election returns to be sent to 28, 31 

to attest and seal commissions 42 

lay votes before legislature 31, 36 

other general duties of 37 

deputy, how appointed 37 

to act as secretary, when 38 

duties of 38 

Seizure, protection against unjust 17 

Senate, how constituted 26 

powers of, etc 29 

term of office 26 

qualifications of members of 27 

districts, hoAV constituted 26 

election , when 26 

how warned 26, 28 

qualifications of voters 26 

who considered inhabitant 27 

unincorporated places, who may vote in 27 

meetings in 27 

governor and council to examine returns 28 

issue summons 28 



MANUAL OF THE CONSTITUTION. 57 

Senate final judges of election of its members 29 

oath of office 41, 42 

before whom taken 42 

quorum, what constitutes 29 

assent of ten, when 29 

to appoint officers 29 

determine rules of procedure 29 

try impeachments 25, 29 

vacancies in, how filled 28 

if no election, by joint convention 28 

order of such elections 37 

other vacancies by new elections 29 

may require opinions of court, when 39 

punish offenders 25 

imprisonment by, limited 25 

may adjourn for how long 29 

in impeachment cases 29 

Senatorial districts, how constituted 26 

Senators, qualifications of 27 

oath of 41 

Sentence, cruel, not to be inflicted 19 

capital, not without jury trial, except 16 

Sheriffs, election of 38 

qualifications of 38 

tenure of office of 39 

not to hold other office 43 

Social virtues, law givers and magistrates to observe 20 

Soldiers, not to be quartered in private house, w hen 18 

Solicitors, elected, how 38 

Speaker, how chosen 25 

salary of 24 

to act as governor when 33 

Special sessions, how called and when 33 

compensation at 24 

State, sovereignty of, declared 14 

treasurer, chosen how 37 

Statutes, enacting clause of, what 43 

Suicides, estates of, not forfeited 42 

Supreme court, justices of, tenure of office of 19 

salaries of 19 

chief justice of, to preside at impeachment of governor 30 

opinion of, may be required by whom, when 39 

general jurisdiction of 38 

Suspending laws, power of, how exercised 18 



Taxation, right of, on what founded 15 

none without legislative consent 18 



58 MANUAL OP THE CONSTITUTION. 

Taxation, taxes, how imposed 22 

money raised by, not granted to religious schools 41 

valuation of estates for, taken how often 22 

Teachers of religion, towns may support, when 14 

who not compelled to pay 14 

Tenure of office, to be expressed in commission 38 

of judicial officers 38 

justices of the peace 39 

Town, how represented in general court 22 

when less than 600 inhabitants 23 

not to be divided to increase representation 23 

aid corporations 22 

take stock in corporations 22 

Treasury, money paid out from, how 35 

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

Unincorporated places, elections in 27 

Vacancies, in office of governor 32 

council 36 

senate 28 

house of representatives 24 

to be filled in what order 37 

holding other office creates, when 43 

Veto, effect of governor's 31 

Voters, who are 15 



Writs, in name of state. 
seal, teste, etc..., 



SKETCH 



OF THE 



CONSTITUTIONS OF NEW HAMPSHIRE. 



Name and Bounds. The territory now under the juris- 
diction 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 
Hampshire, 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 Hamp- 
shire became a province its boundaries were fixed, much 
the same as now, by royal authority, on the south and 
east in 1740, and on the west in 1764. 

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

Early Government. The first settlements in New 
Hampshire were made at Dover in 1623, Portsmouth in 
1631, Exeter in 1638, and Hampton in 1639. For several 
years these early settlements had no general government. 



60 MANUAL OP THE CONSTITUTION. 

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 exer- 
cised both municipal and ecclesiastical jurisdiction. This 
simple plan of government naturally was a reproduction of 
the forms with which the settlers had been familiar in the 
English towns from which they came. When, in 1640, a 
general government became necessary for these settle- 
ments, their political and religious differences prevented 
its formation. The civil strife which distracted England 
made appeal to the Crown hopeless and they sought the 
protection of Massachusetts. That colony already had 
construed its charter of 1629, which only vaguely de- 
scribed its northern boundary, to entitle it to assume juris- 
diction over New Hampshire. Accordingly in 1641-43 
these New Hampshire towns by formal written agreement 
"resigned their jurisdiction to Massachusetts," were 
guaranteed their liberties with the privilege of sending 
deputies to the General Court and became a part of Nor- 
folk county. This union, convenient to the people of 
New Hampshire and agreeable to the people of both 
colonies, was continued 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 invalid, a royal order was issued 
severing them and organizing New Hampshire as a sepa- 
rate royal province. 

Provincial Government. This government was erected 
by the issue of a commission (Provincial Papers, vol. i, pp. 
373-382) from King Charles II. to John Cutt, Esq., of 



MANUAL OF THE CONSTITUTION. 61 

Portsmouth, dated Sept. 18, 1679, constituting a Presi- 
dent 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 Assem- 
bly, 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 reserving to the King 
the 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 voluntary 
combinations, and in their written agreement with Massa- 
chusetts in 1641, this commission issued to John Cutt 
in 1679 marks the formal beginning of constitutional 
government in New Hampshire. 

Despite the appointment in 1685 of Joseph Dudley as 
governor of New England, the reunion of New Hampshire 
with Massachusetts from 1690-92 and their adminis- 
tration by the same governor from 1698 to 1741, New 
Hampshire continued to be a royal province until the 
Revolution. The fundamental instrument of government 
of New Hampshire during this period, 1679-1776, though 
it was violated perhaps as often as followed, was the 
Cutt commission as formally amended by the commis- 
sions of successive royal governors and the informal 
changes wrought in it by the interpretation and admin- 
istration of the laws by the Governor and Council, 
sometimes in harmony, but oftener in conflict, with the 



62 MANUAL OF THE CONSTITUTION. 

Assembly of the people. The only part of the frame 
of government of the people of New Hampshire during 
this period which was ordained and established by them- 
selves 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 custom of 
England 1 . At the meeting of the new Assembly, 1727, the first 
business which they took up was to move for a triennial act. The 
Lieutenant Governor was disposed to gratify them. Both Houses 
agreed in framing an act for a triennial Assembly, in which the dura- 
tion of the present Assembly was limited to three years (unless 
sooner dissolved by the commander-in-chief ), writs were to issue 
fifteen days, at least, before 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, saving an appeal 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. 

Revolutionary Government. Until July, 1774, the gov- 
ernment of New Hampshire in every branch was the 
government incident to a dependent province amenable 

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



MANUAL OP THE CONSTITUTION. 63 

to, and existing by favor of, the mother country. It is 
a slender thread that connects 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 Giddinge 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 
Committees 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 such of their pro- 
ceedings when required." 

From this beginning and through the action of the 
committee 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 
twenty-first day of July, 1774. This convention, or First 
Provincial Congress, as it is generally styled, was suc- 
ceeded by four other conventions of a similar character. 
The second convention assembled at Exeter, Jan. 25, 
J 775- 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 adjourn- 
ment of this Congress events which seemed to make war 
inevitable had taken place in several colonies. The 



64 MANUAL OF THE CONSTITUTION. 

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 opening of the 
revolutionary conflict. On October 18, 1775, New 
Hampshire, through its delegates in the Continental 
Congress, petitioned that body to be allowed to set up 
a government of its own framing as the only means of 
preventing the greatest confusion, but in the lingering 
hope of reconciliation Congress delayed answer till 
November 3, when it not only granted the request of 
New Hampshire but also recommended 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 repre- 
sentation of the people and that the delegates be author- 
ized to " establish 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 continuance of the present dispute 
between Great Britain and the Colonies." 

Soon after the issue of this call Major General John 
Sullivan, 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 
frame of government as he deemed it desirable the people 
of that state now should establish. The large influence 
of Sullivan in shaping the instrument adopted may be 



MANUAL OF THE CONSTITUTION. 65 

discovered not only in the correspondence of the period 
but also by comparison of his letter with the temporary 
constitution. The letter reads as follows : 

GENERAL SULLIVAN TO MESHECH WEARE ON A PLAN 
OF GOVERNMENT. 

(Copied from Amer. Ar., 4 Ser., Vol. IV., p. 241.) 

WINTER HILL, December n, 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 remaining 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 contents 
of this letter to the Provincial Congress having never transpired, and 
my friends 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 



66 MANUAL OF THE CONSTITUTION. 

the first place must observe, that all governments 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. 

Secondly. 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, witli 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 may 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 government con- 
sisting 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 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 Rome, and the final ruin of that empire. This uncon- 
trollable power, so much sought after by designing men, is made use 
of to enslave the people, and either bring about that event, or raises 
the just indignation of the people to extirpate the tyrant thus seeking 



MANUAL OF THE CONSTITUTION. 67 

their ruin. And it sometimes happens that the resentment is so far 
carried by the fury of an enraged populace as totally to destroy the 
remains of government, and leave them in a state of anarchy and 
confusion, and too often have 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, unless when the 
tyranny becomes intolerable. And their fondness 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 
and 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 
governour and the governed, viz., the good of the whole, that one 
interest should unite the several governing branches, and that the 
frequent choice of the rulers, by the people, should operate as a check 
upon their conduct and remind them that a new election would soon 
honour them for their good conduct, or disgrace them for betraying 
the trust reposed in them. 

I by no means object to a Governour, but would have him freely 
appointed by the people, and dependent upon them, and his appoint- 
ment not to continue for a long time unless re-elected at most not 
exceeding three years, and this appointment to be made by the free- 
holders in person, and not by their representatives, as that would be 
putting too dangerous a power in their hands, and possibly a majority 
of designing men might elect a person to answer their own particular 
purpose, to the great emolument of those individuals, and the 
oppression of their fellow-subjects ; whereas, we can never suppose 
the people to have anything but the true end of government, viz. : 
their own good, in view, unless we suppose them idiots or self-mur- 
derers. I am likewise much in favor of a Council and House of 
Representatives, but would have them likewise chosen by the people, 
and by no means for a longer time than three years ; and this mode 
of choosing would effectually destroy that pernicious power distin- 
guishing Governours, 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 



68 MANUAL OF THE CONSTITUTION. 

Province I am now in, are striking witnesses of the justice of this 
observation, nor can I see the least reason for a Governour 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 pro- 
cure an election or reward the electors for having chosen him. Accu- 
sation, if against the Governour, to be tried by the two Houses ; and if 
against either of the other members by the Governour 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 Governour, 
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 sup- 
ply his place till a new election can be made, which President should 
be appointed by free vote of the members of the Council, at their first 
meeting. The infamous practice of bribing people in Great Britain, 
to sell their votes and consequently their liberty, must show the danger 
of permitting so dangerous a practice to be instituted under our Con- 
stitution, to prevent which, and to guard against the undue influence 
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 Governour, which should be 
deposited in a box prepared for that purpose ; and a vote for Council- 
lors and Representatives, sealed up, noted on the back, brought in as 
aforesaid, and deposited 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 meet- 
ing have a perfect list of all votes, with three columns ruled against 
their names, one marked for a Governour, one for a Representative, 
and when a person brings in a vote for one, a mark to be made 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 
examined in meeting, and the election declared. The votes given for 
Counsellors and Governour to be sealed up by the clerk, and for- 
warded by him to the Capital of the Province, where all the votes 



MANUAL OP THE CONSTITUTION. 69 

being had together, a sworn Committee should examine 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 effec- 
tual method to secure the freedom 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, publish 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 officers should be appointed by the three 
branches, and all military officers by the Governour and Council, and 
never superseded in commission but by the same power which created 
them. All laws negatived by a Governour, if revived afterwards, 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 Repre- 
sentatives and two sets of Counsellors, possessed of less wisdom, or to 
have less understanding of the true interests of the people, than a sin- 
gle person has, and that after having a long time to think upon the 
matter, and to consult their constituents thereon. 

And here I must beg leave to observe that however high other peo- 
ple'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 suf- 
fering an interest in government to exist separate from that of the peo- 
ple, 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 improvement 
thereon as your wisdom shall direct ; and though my notions of Gov- 
ernment are somewhat singular, yet, I think this plan will be an im- 
provement 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 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 . 



70 MANUAL OP THE CONSTITUTION. 

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 promote the 
welfare of that Colony, to which I wish the most lasting happiness. 1 
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 frame of government for 
the state of New Hampshire, and 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 Con- 
gress of New Hampshire voted to " take up civil govern- 
ment, to continue during the present contest with Great 
Britain, and resolve themselves into a House of Represent- 
atives, and then choose a Council to continue one year 
from the 2ist 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 con- 
stitution for the rule and government of this colony : 

Matthew Thornton, Meshech Weare, Ebenezer Thomp- 
son, Wyseman Claggett, and Benjamin Giles ; and two 
days later John Giddinge and Joseph Badger were added 
to the committee. 

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 
colony in manner and form following, viz.: 

1 (From Provincial Papers, New Hampshire, Vol. VII, 1764-1776, pp. 685-688.) 
This letter as printed in Moore's and Farmer's Collections, pp. 272-277, bears 
date Dec. 12 and has the following postscript: 

" P. S. Though I have mentioned three years, I am much in favour of an- 
nual elections. 



MANUAL OF THE CONSTITUTION. 71 

TEMPORARY CONSTITUTION. 

IN 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 measures as we should judge best for the public good, 
and in particular to establish some form of government, 
provided that measure should be recommended by the 
Continental Congress, and a recommendation to that pur- 
pose having been transmitted to us from the said Con- 
gress, have taken into our serious consideration the 
unhappy circumstances into which this colony is involved 
by means of many grievous and oppressive acts of the 
British Parliament, depriving us of our natural and consti- 
tutional rights and privileges ; to enforce obedience 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 
destroying 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 inhab- 
itants of this colony employed 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 Council, leaving us destitute of legislation ; and no 
executive courts being open to punish criminal offenders, 
whereby the lives and properties of the honest 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 properties of the 



72 MANUAL OF THE CONSTITUTION. 

inhabitants of this colony, we conceive ourselves reduced 
to the necessity of establishing a form of government, to 
continue during the present unhappy and unnatural con- 
test with Great Britain ; protesting and declaring that we 
never sought to throw off our dependence upon Great Brit- 
ain, but felt ourselves happy under her protection while 
we could enjoy our constitutional rights and privileges, 
and that we shall rejoice if such a reconciliation between 
us and our parent State can be effected as shall be 
approved by the Continental Congress, in whose prudence 
and wisdom we confide. 

Accordingly, pursuant to the trust reposed in us, we do 
resolve that this Congress assume the name, power, and 
authority 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 free- 
holders and inhabitants within this colony, in the following 
manner, viz.: Five in the county of Rockingham, two in 
the county of Strafford, 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 Legis- 
lature, by the name of a Council for this colony, to con- 
tinue 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 
absence that the senior councilor preside. 

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

That 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. 



MANUAL OF THE CONSTITUTION. 73 

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

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

And it is further resolved that if the present unhappy 
dispute with Great Britain should continue longer than 
this present year, and the Continental Congress give no 
instructions 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 
vacancy, 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 county 
be appointed and the time of their continuance in office 
be determined by the two houses, except clerks of courts, 
and county treasurers, and recorders of deeds. 

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 officers 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 Assem- 
bly, signed by the president of the Council and the speaker 
of the House of Representatives, 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 Wednesday in December then next ensuing, in 
such manner as the Council and Assembly shall hereafter 
prescribe. 



74 MANUAL OF THE CONSTITUTION. 

COLONY OF NEW HAMPSHIRE. 

BY THE COUNCIL AND ASSEMBLY, A PROCLAMATION. 

Whereas, the Congress of this colony have, agreeable to 
a recommendation from the honorable Continental Con- 
gress, resolved on and formed themselves upon a plan of 
government 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 Conti- 
nental Congress ; conformable to which said plan of gov- 
ernment, the Council and Assembly have chosen and ap- 
pointed 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 au- 
thority but such as are, or may be, appointed 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 commit- 
tees of inspection, or safety, chosen in the several towns 
through the colony by virtue and in consequence of any 
recommendation 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 ene- 
mies are watching all opportunities to ensnare and divide 
us, every one would strive to. prevent, and, if possible, to 
quell all appearance of party spirit, to cultivate and pro- 
mote peace, union, and good order, and by all means in 
their power to discourage profaneness, immorality, and 
injustice. 

By order of the Council and Assembly at Exeter, the 
1 9th day of March, Anno Domini 1776. 

M. WEARE, 

E. THOMPSON, Secretary. President of the Council. 

God save the people. 



MANUAL OF THE CONSTITUTION. 75 

Character of Government Formed. Chief Justice Joel 
Parker commenting upon this Frame of Government in 
Brewster vs. Hough, New Hampshire Reports, vol. 10, p. 
143, said : 

The constitution of January 5, 1776, was not in fact a grant of 
power by 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 
such 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 contest with Great Britain, and was afterwards 
continued in force one year longer, by the vote of the people. 

Associate Justice William M. Chase, in an address de- 
livered 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 colonies 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 deals with few sub- 
jects only, and is very general in its terms. 



It will be noticed 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 



76 MANUAL OF THE CONSTITUTION. 

judicial functions of government. This was in accordance with a theory 
of government then entertained 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 al- 
ready been intimated, went into effect upon its adoption by the con- 
vention, 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 authority ; and at every adjournment they ap- 
pointed a committee of safety, consisting of from six to sixteen per- 
sons, to act during 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 subject, 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 public uses, and 
passed laws relating to marriages, the care of paupers, the regula- 
tion 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, imper- 
fect, and weak, as was this constitution, for so long a period, dur- 
ing which the stress and demoralization attending a war of revolu- 
tion 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 rebelled 
against the existing government, they were a law-abiding people. 



MANUAL OP THE CONSTITUTION. 77 

NEW HAMPSHIRE DECLARATION OF INDE- 
PENDENCE. 

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

" That Samuel Cutts, Timothy Walker, and John Dud- 
ley, Esqrs., be a committee of this house to join a com- 
mittee 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 COUNCIL, JUNE u, 1776. 

" A vote appointing Sam'l 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 Assem- 
bly for independence of the United Colonies on Great 
Britain, brought up, read, and concurred with this amend- 
ment, that the committee prepare a draft setting forth the 
sentiments and opinion of the Council and Assembly of 
this colony relative to the United Colonies forming them- 
selves into independent States, in order that when passed 
the same may be transmitted to our delegates at the Con- 
tinental Congress, and that Messrs. Hurd, Claggett, and 
the secretary* be added to the committee." 

JUNE 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 

* Ebenezer Thompson. 



78 MANUAL OF THE CONSTITUTION. 

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." 

INDEPENDENCE. 

The draft made by the committee of both houses, relat- 
ing to independency, is as follows, viz. : 

Whereas, it now appears an undoubted fact, that not- 
withstanding all the dutiful petitions and decent remon- 
strances from the American colonies, and the utmost 
exertions of their best friends in England on their behalf, 
the British ministry, arbitrary 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 their own forces, have engaged great num- 
bers of foreign mercenaries, who may now be on their 
passage here, accompanied by a formidable fleet, to ravage 
and plunder the seacoast ; from all which we may reason- 
ably expect the most dismal scenes of distress the ensuing 
year, unless we exert ourselves by every means and pre- 
caution possible ; and whereas, we, of this colony of New 
Hampshire, have the example of several of the most 
respectable 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 thereof, 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 this important object under their immediate consid- 
eration, should be also informed of our resolutions thereon 
without loss of time, we do hereby declare that it is the 



MANUAL OF THE CONSTITUTION. 79 

opinion of this Assembly that our delegates at the Conti- 
nental 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 conducive 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. 

Art: NOAH EMERY, 

Clk. D, Reps. 



PREPARATION FOR ANOTHER CONVENTION. 
IN THE HOUSE OF REPRESENTATIVES. 

December 27, 1777. 

Voted, that it be recommended to the several towns, 
parishes, and places in this State, if they see fit, to instruct 
their representatives at the next session to appoint and call 
a full and free representation of all the people in this 
State, to meet in convention at such time and place as 
shall be appointed by the 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. 



80 MANUAL OP THE CONSTITUTION. 

IN THE HOUSE OF REPRESENTATIVES. 

February 20, 1778. 

Voted, That this house resolve themselves into a com- 
mittee of the whole to join the honorable board, 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 purpose of forming a permanent plan or 
system for the future government of this State. 

FEBRUARY 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 represen- 
tation of all the people in this State, for the sole purpose 
of forming and laying a permanent plan or system for the 
future government 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 



MANUAL OF THE CONSTITUTION. 81 

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. 

WEDNESDAY, 25x11, 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 fore- 
going 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, MARCH 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 con- 
curred. 

Second Constitutional Convention 1778. 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." 
The constitution proposed was signed by John Langdon, 
Pres. P. T. 



82 MANUAL OF THE CONSTITUTION. 

No copy of the journal of this convention is known to 
be in existence. Mr. G. Parker Lyon compiled from town 
records a list of the delegates. From this list it seems 
that about ninety towns were represented by seventy-four 
delegates. Among the more prominent members were 
John Langdon, of Portsmouth ; Nathaniel Folsom and 
John Pickering, of Exeter ; Matthew Thornton, of Lon- 
donderry ; 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. 

" J 779> J une 5th, this Convention completed a Consti- 
tution, chose a committee (Col. Thornton and Col. Bart- 
lett), ' to 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 newspapers.' Returns were ordered to be 
made, 'of the number of voters present at such meeting, 
and how many voted for receiving said plan, and how 
many for rejecting the same, unto this Convention at 
Concord, in this State, on the third Tuesday in September 
next.' ' The constitution thus proposed was signed by 
John Langdon, Pres. pro tern, and E. Thompson, Sec. 

This convention reassembled at Concord on the day 
above named, examined the votes, and found the result a 
total rejection of the new-formed constitution ; and the 
convention dissolved themselves from any further proceed- 
ings in the formation of a constitution.* The following 
was the plan of government submitted to the people by 
this convention and rejected : 

*The above facts are gleaned from the town papers, v. 9, and from the 
New Hampshire Register for 1852. 



MANUAL OF THE CONSTITUTION. 83 

A DECLARATION OF RIGHTS 

AND PLAN OF GOVERNMENT FOR THE STATE OF 
NEW HAMPSHIRE. 

Whereas, by the tyrannical administration of the gov- 
ernment of the king and parliament of Great Britain, this 
State of New Hampshire, with the other United States of 
America, have been necessitated to reject the British gov- 
ernment, and declare themselves independent States ; all 
which is more largely set forth by the Continental Con- 
gress in their resolution or declaration of the fourth of 
July, A. D., 1776; 

And, whereas, it is recommended by the said Conti- 
nental Congress to each and every of the said United 
States, to establish 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 
government, subject to the revisal of our constituents, 
have composed the following declaration of rights and plan 
of government, and recommend the same to our constit- 
uents for their approbation : 

A DECLARATION OF THE RIGHTS OF THE PEOPLE OF THE 
STATE OF NEW HAMPSHIRE. 

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 in- 
consistent with said Declaration of Independence) now 



84 MANUAL OP THE CONSTITUTION. 

are, and shall be, in force here for the welfare 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. 

Sixthly. The extent of territory of this State is, and 
shall be, the same which was under the government of the 
late Governor, John Wentworth, Esq., Governor of New 
Hampshire ; reserving, nevertheless, our claim to the New 
Hampshire grants, so called, situate to the west of Con- 
necticut river. 

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

A PLAN OF GOVERNMENT FOR THE STATE OF NEW HAMP- 
SHIRE. 

First. The State of New Hampshire shall be governed 
by a Council and House of Representatives, to be chosen 
as hereinafter 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 
inhabitants. 

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 Straff ord, two ; to the county of Hillsborough, two ; to 
the county of Cheshire, two ; to the county of Grafton, 
one. 



MANUAL OF THE CONSTITUTION. 85 

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 increased 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, 
amounting to one hundred families and upwards, shall send 
one representative for each hundred families they consist 
of (or such lesser number as they please), or class them- 
selves with some other towns or parishes that will join in 
sending a representative. 

Sixth. All other towns and parishes under the number 
of one hundred families shall have liberty to class them- 
selves together to make the number of one hundred fam- 
ilies or upwards, and being so classed, each class shall send 
one representative. 

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

EigJith. All the male inhabitants of the State of lawful 
age, paying taxes, and professing the Protestant religion, 
shall be deemed legal voters in choosing councilors and 
representatives, 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 upwards, and also of each respective class of 
towns classed together as aforesaid, shall notify the legal 
voters of their respective towns, parishes, or classes, quali- 
fied as aforesaid, in the usual way of notifying town meet- 
ings, giving fifteen days' notice, at least, to meet at some 



86 MANUAL OF THE CONSTITUTION. 

convenient place on the last Wednesday of November 
annually, to choose councilors and representatives. 

Tenth. And the voters being met, and the moderator 
chosen, shall proceed to choose their representative or 
representatives 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 councilors each voter 
shall deliver his vote to the moderator for the number of 
councilors respectively required, with the word councilors 
written thereon, and the voter's name indorsed to prevent 
duplicity. 

Thirteenth. These votes shall be sealed up by the 
moderator, 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. 

Fourteenth. And the said justices of the inferior court 
shall meet together on the said second Wednesday of 
December annually to count the votes, and the persons 
that have most votes to the number of councilors required 
shall be declared 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 annually. 

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 as 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 



MANUAL OF THE CONSTITUTION. 87 

from time to time appoint ; and, being duly sworn, shall 
hold their respective places until the first Wednesday in 
January then next. 

Seventeenth. The Council shall choose their president, 
vice-president, and secretary ; and the House of Repre- 
sentatives shall choose their speaker and clerk. 

Kighteenth. The Council and House of Representatives 
respectively shall determine all disputed elections of their 
own members, regulate their own proceedings, and, on any 
vacancy, order a new election to fill up such vacancy. 

Nineteenth. The said General Court, elected and con 
stituted 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 Representatives only. 

Twentieth. The said Council and House of Represent- 
atives 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-second. The military and naval power of the 
State shall be regulated, and all proper officers thereof 
appointed, as the Legislature by law shall direct from time 
to time. 

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, 
attorney-general, treasurer of the State, and delegates to 



88 MANUAL OF THE CONSTITUTION. 

the Continental Congress, shall be appointed by 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 laws that now are or that here- 
after may be enacted. 

Twenty-fifth. All civil officers of the State shall be 
suitably compensated by fees or salaries for their services. 

Twenty-sixth. No member of the General Court shall 
be judge of the superior court, or inferior court, judge or 
register of probate, or sheriff of any county, or treasurer 
of the State, or attorney-general, or delegate at the Conti- 
nental Congress. 

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 Repre- 
sentatives 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 offences against the State. 

Thirtieth. A quorum of the 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 
government, shall have the force of law, and be esteemed 
the fundamental law of the State. 

Thirty-second. The General Court shall have no power 
to alter any part of this Constitution. In case they should 
concur in any proposed alteration, amendment, or addition, 
the same being agreed to by a majority of the people, 
shall become valid. 



MANUAL OF THE CONSTITUTION. 89 

Third Constitutional Convention of 1781-1783. 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 Government for s d State, & that said Convention 
be held at Concord 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 bl 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 a plan of Government for s d State, & lay the same 
before this House-Concurred, and Mr. Clagett & Mr. 
Gilman joined." 

A little over a week later, on April 5, the House by a 
yea and nay vote of 3 1 to 1 5 passed the following act : 

"Whereas the present situation of affairs in this State 
make it necessary that a full & free Representation of the 
Inhabitants thereof should meet in Convention for thesole 
purpose of forming & laying a permanent Plan or system 
of Government for the future happiness and well being of 
the good people of this State, and this house having 
received instructions from a considerable part of their 
constituents for that purpose ; 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. 



90 MANUAL OP THE CONSTITUTION. 

" 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 approbation 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 approba- 
tion being made to said Convention, and confirmed by 
them, shall remain as a permanent system or form of Gov- 
ernment 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 
alterations from time to time as may be necessary, 
Provided always that after such alterations, the same be 
sent out for the approbation of the People in manner as 
aforesaid, & that the charge & expense of Such Conven- 
tion 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 
convention of delegates to revise the constitution of New 
Hampshire 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 

* Authorities differ as to the date of the first session of the convention. The 
convention was called for the first Tuesday in June, 1781. Bouton in his His- 
tory of Concord, Mr. Lyon in the N. H. Register for 1852, and the editor of the 
N. H. Manual of the General Court for 1889, all accept this date as the correct 
one. On the other hand the version of the constitution proposed in 1781 given 
in the Town Papers, v. 9, appendix, is preceded by the words ". . . in conven- 
tion, begun and held at Concord, on the second Tuesday of June, 1781." 



MANUAL OF THE CONSTITUTION. 91 

Mitchell Sewall, also of Portsmouth, as secretary. John 
Sullivan acted as secretary pro tcm. in at least one session 
in 1782, and Nathaniel Folsom, as president pro tern, in 
1783. The membership 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 Register for 1852, 
of which he was editor. This list shows an attendance of 
54.* Eleven towns voted specifically not to send delegates, 
while nineteen others failed to send any for reasons stated. 
The Connecticut river towns, then disaffected, were not 
represented. Dr. Bouton accepted this list as approxi- 
mately correct. Besides the above mentioned officers may 
be named among the more prominent delegates, John 
Langdon, Ammi Ruhami Cutter, and John Pickering, of 
Portsmouth ; John Taylor Oilman, of Exeter ; Timothy 
Walker, Jr., of Concord ; John Dudley, of Raymond ; John 
McClary, of Epsom ; Otis Baker and Joshua Wingate, of 
Dover ; and Ebenezer Webster, of Salisbury. 

Unfortunately the journal of this convention was not 
preserved, and consequently the records of its proceedings 
are very meager. The work of the convention, therefore, 

*The seeming apathy of many of the towns in the important matter of 
electing delegates to the convention is corroborated by a notice published by 
the convention in the N. H. Gazette, of March 2, 1782, where the following 
words appear: "And whereas the major part of the towns thro' the state 
have hitherto neglected the choosing and sending Delegates to said Conven- 
tion, 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 themselves 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 neg- 
lect no longer, but to proceed to choose and send to said Convention, 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." 



92 MANUAL OF THE CONSTITUTION. 

must be judged largely by its product, the two rejected 
constitutions 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 general outline of the convention, 
which the editor compiled from a bound volume of these 
constitutions formerly belonging to Gov. William Plumer. 

It appears that the convention after having been in ses- 
sion a few days appointed a committee to draft a constitu- 
tion, and then adjourned until 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 
required for acceptance of the constitution ; and in case 
of rejection, either entire or in part, towns were requested 
to state their reasons for such action. 1 In many instances 
committees were chosen by the towns to draft their rea- 
sons, and a member of the committee was appointed to 
present them to the convention. This session was ad- 
journed till the fourth Wednesday of January, 1782. 

Upon the convening of the third session according to 
adjournment it was found that the proposed constitution 
had been rejected. The convention then adjourned until 
the third Wednesday, the 2ist, of August following, when 
a new form of constitution, of which 800 copies were 

T In a notice published March 2, 1782, in the ^V. H . Gazette, pursuant to a res- 
olution of the convention, and signed by President Atkinson, and Secretary 
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." 



MANUAL OF THE CONSTITUTION. 93 

printed, was submitted to the people. This was again 
accompanied by a request that towns voting to reject the 
whole or any part of the constitution should definitely 
state their reasons therefor. It was then voted to adjourn 
till the last Tuesday of December, 1782. At the conven- 
ing of this session it was found that the second proposed 
form of constitution had been rejected. An adjournment 
was therefore made until the first Tuesday of June, 1783. 
At this session a third form of constitution was proposed, 
and, as previously described, in case of rejection, reasons 
therefor were requested. The convention thereupon 
adjourned until October 31, 1783, and being duly con- 
vened on this day found that the constitution had been 
accepted. 

The above facts, gleaned from Governor Plumer's vol- 
ume, 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 con- 
stitution was declared 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 be 
an improvement on all which had been framed in America." 
Massachusetts was undoubtedly regarded as a leader among 
the colonies, and her constitution had the added recom- 
mendation of coming from the pen of John Adams. The 
New Hampshire constitution provided for a smaller council 



94 MANUAL OF THE CONSTITUTION. 

than that of Massachusetts, and chosen in a different man- 
ner. There was a slight difference in the basis of repre- 
sentation ; for, while one representative was, as in Massa- 
chusetts, allowed to one hundred and fifty ratable polls, an 
additional three hundred was required for every additional 
representative, the Massachusetts constitution requiring in 
a similar case but two hundred and twenty-five polls. The 
declaration of religious belief, and of possession of prop- 
erty, required by the Massachusetts constitution, was 
omitted by the New Hampshire instrument. There were 
some other variations of minor importance, such as dates, 
due probably to convenience and local conditions. Many 
explanatory clauses present in the Massachusetts consti- 
tution 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 in- 
teresting and valuable address previously cited, referring 
to the authorship of this constitution, and comparing its 
three successive drafts, said : 

The first draft of the constitution of 1783, which was the basis of the 
other two, was modeled after the constitution adopted by the people of 
Massachusetts in 1780. In fact, the most of its provisions were 
copied from that constitution almost word for word. The authorship 
of the Massachusetts constitution is therefore a matter of special 
interest to us. 

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 



MANUAL OF THE CONSTITUTION. 95 

people. Governor Bullock 1 , in an address before the American Anti- 
quarian 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 behind him. Madison and Hamilton 
were a development of the ten years which followed the full manifes- 
tations 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 unprecedented 
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. Having 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 mind was already stored for the 
emergency. His share in framing our own government, and his sub- 
sequent writings in defense of the general system adopted by the 
American states, in refutation 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 constitu- 
tion for Massachusetts which finally made the constitution of the 
United States. 1 " 

It certainly is not discreditable to the New Hampshire convention 
that they availed themselves of the fruits of this masterly mind. 

The first part of each constitution prepared by this convention 
consisted of a bill of rights containing 38 articles and was substan- 
tially 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 

1 Bullock's Addresses, pp. 310-11. 



96 MANUAL OF THE CONSTITUTION. 

would be recognized and respected without such assertion. It was 
probably unnecessary to declare some of them at that time; but, suf- 
fering as the people of the state and their ancestors had from the 
denial of rights which were natural and inherent, they thought 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 govern- 
ment the people must surrender some of the rights they might other- 
wise enjoy, in order to protect others 1 rights ; but they attempted to 
limit the surrender to the absolute requirements 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 out- 
lawed, or banished, or any ways destroyed, nor will we pass upon 
him, nor will send upon him, unless 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 government's 
safety upon the morality and piety of its citizens, empowered the leg- 
islature to authorize towns, parishes and religious 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 which he did not 
belong, and that all denominations and sects should stand on the 
same footing before the law. This article differed from the corre- 
sponding article 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 article, and the articles (7, 18 and 21) 
declaring the right of the people to govern themselves, the corre- 
spondence that should exist between the punishment and the nature of 



MANUAL OF THE CONSTITUTION. 97 

the crime to which it is affixed, and the care that should be taken in 
selecting jurors, the bill of rights was substantially the same as that 
of the Massachusetts constitution, although the phraseology 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 government into 
three distinct departments, each independent of the others, the leg- 
islative, the executive and the judicial. The details of the plan are 
like those of the Massachusetts constitution except in a few particu- 
lars, mostly attributable to the differences in the population and other 
circumstances of the two states. The Massachusetts constitution 
empowers the legislature to impose and levy reasonable duties and 
excises. This power was never delegated 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 rep- 
resentatives, 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 number of members in the house of representa- 
tives. By the first draft the number was fixed at 50, to be chosen by 
county conventions composed of delegates 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 representative 
if they had 150 ratable polls, two representatives if they had 450, 
and one additional representative for each additional number of 300 
polls. If they had less than 150 ratable polls, they were to be classed. 
This made the number of members variable, increasing as the popula- 
tion increased. 

The supreme executive power was lodged in an officer entitled 
"governor 1 ' 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 curious provision appears in 
the second draft: "To prevent an undue influence in this state, 



98 MANUAL OF THE CONSTITUTION. 

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 kind 
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 office were made by the presi- 
dent 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. 

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 removal 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 having of an 
estate of ^100, and the requirement in all that persons to be eligible 
to the offices of governor, senator and representative must be of the 
Protestant religion, and must be seized of an estate of a 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 con- 
tained a provision making it the duty of legislators and magistrates to 
cherish the interest of literature and the sciences and all seminaries 
and public schools, to countenance and inculcate the principles of 
humanity and general benevolence, public and private charity, indus- 
try and economy, honesty and punctuality in dealings, sincerity, 
sobriety, and all social affections 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 amended from time to time in certain particulars, 



MANUAL OF THE CONSTITUTION. 99 

and, as amended, is still the constitution of the state. People some- 
times speak of "the constitution of 1 792, nl 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 
1783- 

CONSTITUTION PROPOSED IN 1781. 

AN ADDRESS OF THE CONVENTION FOR FORMING A 
CONSTITUTION OF GOVERNMENT FOR THE STATE 
OF NEW HAMPSHIRE Ij8l. 

Friends and Fellow Citizens: The General Assem- 
bly 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, which with 
the humblest deference is submitted to your impartial 
consideration. 

The task of forming a constitution, adapted not only 
to our present situation, but to the probable situation 
and circumstances of remote posterity, 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 establish 
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 presume to hope that the plan 

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



100 MANUAL OP THE CONSTITUTION. 

here offered to view will meet with universal approba- 
tion. 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 points in general, there are new and par- 
ticular ones in the case before us. There is nothing 
which our open, avowed enemies more 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 are 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 
infatuating, that few have ever been able to resist its 
bewitching influence. Wherever power is lodged there 
is a constant propensity to enlarge its boundaries. 
Much more then, will those with whom it is entrusted, 
agonize to retain all that is expressly delegated to 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 perturba- 
tion of spirits that then prevailed, they adopted without 
that thorough discussion and calm deliberation which so 
important an object required. It was not intended to be 
lasting. It was expressly declared by themselves to be 
temporary. 

In this imperfect form, the legislative and executive 
powers of government were vested in one body, to wit, 



MANUAL OP THE CONSTITUTION. 101 

in a General Court, consisting of two branches, a House 
of Representatives and a Council. Nor was any pro- 
vision made therein for the exercise of the executive 
power in the recess of the general assembly. So great 
a defect was soon discovered and felt ; and the court 
thus established by the constitution, without any new 
authority derived from the people, or without even con- 
sulting 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 of an Exclusion Bill. In consequence of which, 
many of the individuals who compose the aftermentioned 
body, assist in enacting laws, in explaining and apply- 
ing them, and in carrying 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 opposition to the present one, 
with this position, that 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 seliish motive, and with a noble independ- 
ency of spirit " even of yourselves judge ye what is 
right." 

Having promised these things, we will proceed to 
consider as critically as the limits of our time will admit, 
the frame of government herewith exhibited to your 



102 MANUAL OF THE CONSTITUTION. 

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 government 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, materials for the political build- 
ing 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 power of expounding and applying them to 
each particular case And the executive, to carry them 
into effect, and give the political machine life and 
motion : These three important powers we have thought 
proper to keep as separate and distinct 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 language 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 great- 
est 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 would 
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 



MANUAL OF THE CONSTITUTION. 103 

upon each other. We shall proceed to consider them 
distinctly. 

The legislative power we have vested in a Senate 
and House of Representatives (with the reserve here- 
after 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 representatives, 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 convenient for the purpose. There is sel- 
dom 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 commit- 
tees out of the whole body ; and experience hath dem- 
onstrated its utility. The convention, therefore, were 
of opinion, that the confining this second branch to the 
number of fifty, which appeared to them sufficiently 
large for every purpose, would be attended with the 
following salutary consequences ; 

First, There would be probably, a greater propor- 
tion of suitable men, than in a larger body. The man- 
ner of their choice, they being twice sifted, would 
likewise greatly promote this. The debates would, of 
course, be conducted with more wisdom and unanimity. 
From their numbers merely, there would be much less 
confusion, and infinitely more dispatch. This would 
of itself, produce an amazing saving in the expense, 
independent of the difference between paying fifty, and 



104 MANUAL OF THE CONSTITUTION. 

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 con- 
tinued, scarce three towns in the State would be each 
entitled to elect one. Should several towns be joined 
together till a number sufficiently large was collected to 
choose a representative, this would be abridging the 
privileges of towns, confounding them with each other, 
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 method 
that appeared to them, in all respects, so unexception- 
able as the one here offered. By allowing every town 
and parish having fifty ratable polls to elect one mem- 
ber 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. Be- 
sides, 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 nature of things will admit. 

These bodies thus chosen, one in each county, after 
dividing the districts as mentioned in the constitution, 
are respectively 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 representative, will, per- 
haps, on examination, be found one of the strongest 



MANUAL OF THE CONSTITUTION. 105 

arguments in its favor. Those interested views, 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 conse- 
quences that may arise from the assembling so large a 
number of people together at the County Conventions. 
To this it is replied, that the county delegates through 
the State, will be divided into five separate and distinct 
bodies that all will sit on the same day and prob- 
ably not more than one day, unless upon extraordinary 
occasions that they will be the chosen ones of the 
people, a most respectable body, with too much busi- 
ness 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 rep- 
resentation, partly on account of the novelty of the 
mode, and partly from a full conviction of the vast im- 
portance of the thing. And we leave it for your faithful 
discussion ; observing as we do 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 
novelty, and being sufficiently explained in the consti- 
tution, we shall pass over with a bare mention, and pro- 
ceed to the Executive power. 



106 MANUAL OF THE CONSTITUTION. 

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 en- 
acted by the legislative body. It ought therefore to 
have the appointment 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 con- 
vention therefore, on the maturest deliberation, have 
thought it best to lodge this power in the hands of one^ 
whom they, have styled the Governor. They have, 
indeed, arrayed him with honors, they have armed him 
with power, 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 made 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 
perfect 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 person 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 im- 
peached, tried and displaced, by the two legislative 
branches ; and is amenable to the laws besides, equally 
with the meanest subject of the State. Thus controlled 
and checked himself, the convention thought it reason- 
able 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 



MANUAL OF THE CONSTITUTION. 107 

not the absolute control over the acts of that body ; 
which they thought indispensably necessary to repel any 
encroachments on the executive power, and preserve 
its independency. 

The Judicial department falls next under our consid- 
eration. 

This comprehends the Judges of the several courts, 
and the Justices of peace throughout the State. These 
are all appointed by the Governor, with the advice of 
Council, but not removable by him in case of malcon- 
duct, but by the legislature and in no case without the 
intervention of that body. 

The Judges all hold their offices during good behavior ; 
the 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 inducement for persons so to qual- 
ify themselves, as an encouragement to vigilance, and 
an antidote to bribery and corruption, adequate, honor- 
able, and permanent salaries to the Judges of the Su- 
preme-Court in a particular manner, we have made essen- 
tial in the Constitution, and do now most strongly recom- 
mend. 

The alteration of Justices' commissions from life to 
five years, is to guard against age, incapacity, and too 
large a number ; to secure the 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 



108 MANUAL OF THE CONSTITUTION. 

one man's giving his attention to many matters suffi- 
ciently to understand them all, which we have too often 
felt; there is a still stronger reason, which is the diffi- 
culty of a man's preserving his integrity in discharging 
the duties of each unstained at least by suspicion. 

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 Rights contains the essential principles of 
the Constitution. It is the foundation on which the 
whole political fabric is reared, and is consequently, a 
most important part thereof. 

We have endeavour'd therein to ascertain and define 
the most important and essential natural rights of men. 
We have distinguished betwixt the alienable and un- 
alienable rights : For the former of which, men may 
receive an equivalent ; 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 concern- 
ing the Great Object of all religious worship and ado- 
ration, therefore to Him alone, and not to man, are they 
accountable for them. 

Thus the Convention have endeavoured to explain as 
particularly 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 community for which the Con- 
stitution 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 



MANUAL OP THE CONSTITUTION. 109 

that they may be amended Considering, therefore, in 
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 
Convention, 

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

THE CONSTITUTION OF 1783. 

CONTAINING A BILL OF RIGHTS, AND FORM OF GOV- 
ERNMENT. 

Agreed upon by the delegates of the people of the 
State of New Hampshire, in convention held at Con- 
cord, on the first Tuesday of June, 1783 ; submitted to 
and approved of by the people of said State, and estab- 
lished by their delegates in convention, October 31, 
1783. (This constitution "took place" on the first 
Wednesday of June, 1784.) 

PART I. 

THE BILL OF RIGHTS. 

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

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



110 MANUAL OF THE CONSTITUTION. 

III. 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. 

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 conscience 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, 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 evan- 
gelical principles, will give the best and greatest secu- 
rity to government, and will lay in the hearts of men the 
strongest obligations to due subjection, and as the knowl- 
edge 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 peo- 
ple of this State have a right to impower, and do hereby 
fully impower, the Legislature 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 main- 
tenance of public Protestant teachers of piety, religion, 
and morality ; 

Provided, not-withstanding, 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 of contracting with them for 
their support and maintenance. And no person of any 



MANUAL OF THE CONSTITUTION. Ill 

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 denomina- 
tion. 

And every denomination of Christians demeaning 
themselves quietly, and as good subjects of the State, 
shall be equally under the protection of the law ; and 
no subordination of any one sect or denomination to 
another shall ever be established by law. 

And nothing herein shall be understood to affect any 
former contracts made for the support of the ministry; 
but all such contracts shall remain, and be in the same 
state as if this Constitution had not been made. 

VII. 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 
hereafter shall, exercise and enjoy every power, juris- 
diction, and right pertaining thereto, which is not, or 
may not hereafter be, by them expressly delegated to 
the United States of America in Congress assembled. 

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

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

X. Government being instituted for the common ben- 
efit, protection, and 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 government. The 
doctrine of non-resistance against arbitrary power and 
oppression is absurd, slavish, and destructive of the 
good and happiness of mankind. 



112 MANUAL OF THE CONSTITUTION. 

XI. All elections ought to be free, and every inhab- 
itant of the State, having the proper qualifications, has 
equal right 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 State controllable by any 
other laws than those to which they or their representa- 
tive 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 cer- 
tain remedy, by having recourse to the laws, for all 
injuries he may receive in his person, property, or 
character, to obtain right and justice freely, without be- 
ing 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, substan- 
tially 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 pro- 
tection of the law, exiled, or deprived of his life, lib- 



MANUAL OF THE CONSTITUTION. 113 

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 
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. 

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, 
when it shall appear to the judges of the superior court 
that an impartial trial cannot be had in the county 
where the offence may be committed, and upon their 
report the 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 
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 seventy is 
exerted against all offences, the people are led to forget 
the real distinction in the crimes themselves, and to com- 
mit the most flagrant with as little compunction as they 
do those of the lightest dye ; for the same reason a mul- 
titude 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 



114 MANUAL OP THE CONSTITUTION. 

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 designa- 
tion 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 shall be held sacred, unless 
in causes arising on the high seas, and such as relate 
to mariners' wages, the Legislature shall think it neces- 
sary hereafter to alter it. 

XXI. In order to reap the fullest advantage of the 
inestimable privilege of the trial by jury, great care 
ought to be taken that none but qualified persons should 
be appointed to serve ; and such ought to be fully com- 
pensated for their travel, time, and attendance. 

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, 
oppressive, and unjust. No such laws, therefore, 
should be made, either for the decision of civil causes 
or the punishment of offences. 

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. 



MANUAL OF THE CONSTITUTION. 115 

XXVII. No soldier in time of peace shall be quar- 
tered 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 magistrate, 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 whatsoever without the consent of the people, 
or their representatives in the Legislature, or authority 
derived from that body. 

XXIX. 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 particular cases only as the Legis- 
lature shall expressly provide for. 

XXX. The freedom of deliberation, speech, and 
debate, in either house of the Legislature, is so essen- 
tial 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. 

XXXI. The Legislature ought frequently to assem- 
ble for the redress of grievances, for correcting, 
strengthening, and confirming the laws, and for making 
new ones, as the common good may require. 

XXXII. The people have a right in an orderly and 
peaceable manner to assemble and consult upon the 
common good, give instructions to their representatives, 
and to request of the legislative body, by way of peti- 
tion or remonstrance, redress of the wrongs done them, 
and of the grievances they suffer. 

XXXIII. No magistrate or court of law shall demand 
excessive 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. 



116 MANUAL OF THE CONSTITUTION. 

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 estab- 
lished 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, execu- 
tive, 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 fundamen- 
tal 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 par- 
ticular 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 
execution of the laws necessary for the good adminis- 
tration of government. 



MANUAL OP THE CONSTITUTION. 117 

PART II. 

THE FORM OF GOVERNMENT. 

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, sovereign, and independent body politic, or 
State, by the name of the State of New Hampshire. 

THE GENERAL COURT. 

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 dis- 
solved seven days next preceding the said first Wednes- 
day of June, and shall be styled THE GENERAL COURT 
OF NEW HAMPSHIRE. The General Court shall forever 
have full power and authority 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, offences, pleas, 
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 crim- 
inal 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 
discovery of truth in any matter in controversy, or 
depending before them. 



118 MANUAL OF THE CONSTITUTION. 

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, ordi- 
nances, directions, and instructions, either with penal- 
ties or without, so as the same be not repugnant or con- 
trary to this Constitution, as they may judge for the 
benefit and welfare 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; 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 
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 be respectively adminis- 
tered 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 within 
the same ; to be issued and disposed of by warrant un- 
der 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 subjects 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 assessments may be made with equality there 



MANUAL OP THE CONSTITUTION. 119 

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. 

SENATE. 

There shall be annually elected by the freeholders 
and other inhabitants of this State, qualified as in this 
Constitution is provided, twelve persons, 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 the State the limits of each district 
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 
General Court shall order otherwise, be districts for the 
election of senators, and shall elect the following num- 
ber, viz. : Rockingham, five ; StrafFord, two ; Hills- 
borough, two ; Cheshire, two ; Grafton, one. 

The Senate shall be the first branch of the Legisla- 
ture, 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 for- 
ever in the month of March, to vote in the town or 
parish wherein he dwells for the senators in the county 
or district whereof he is a member. 



120 MANUAL OF THE CONSTITUTION. 

And every person qualified as the Constitution pro- 
vides 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, pres- 
ent and qualified to vote for senators, and shall sort and 
count the same in the meeting, and in 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 at- 
tested by the selectmen and town clerk, and shall be 
sealed up and directed to the secretary of the State', 
with a superscription 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 cer- 
tificates by him received, into the secretary's office, 
seventeen days at least before the first Wednesday of 
June. 

And the inhabitants of plantations and places unin- 
corporated, qualified as this Constitution provides, who 
are or shall be required 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 re- 
side as the inhabitants of the respective towns and par- 
ishes aforesaid have. . 

And the meetings of such plantations and places for 
that purpose shall be holden annually in the month of 
March, at such places respectively therein as the assess- 
ors thereof shall direct ; which assessors shall have like 



MANUAL OP THE CONSTITUTION. 121 

authority for notifying the electors, collecting and re- 
turning the votes, as the selectmen and town clerks have 
in their several towns by this Constitution. 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 four- 
teen 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 ; and the said presi- 
dent shall in like manner notify the persons elected to 
attend and take their seats accordingly. 

The Senate shall be final judges of the elections, re- 
turns, and qualifications of their own members, as 
pointed out in this Constitution, and shall on the said 
first Wednesday of June, annually, determine and de- 
clare 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 de- 
clared 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 num- 
ber 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. 



122 MANUAL OF THE CONSTITUTION. 

Provided, nevertheless, that no person shall be capa- 
ble 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 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 immediately preceding his election ; and at the 
time thereof he shall be an inhabitant of the district for 
which he shall be chosen. 

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

The Senate shall appoint their own officers, and de- 
termine their own rules of proceedings ; and not less 
than seven members of the Senate shall make a quorum 
for doing business ; and when less than eight senators 
shall be present, the assent of five at least shall be nec- 
essary to render their acts and proceedings valid. 

The Senate shall be a court with full power and au- 
thority to hear and determine all impeachments made 
by the House of Representatives, against any officer or 
officers of the State, for misconduct or maladministra- 
tion in their offices ; but previous to the trial of any such 
impeachment, the members of the Senate shall respect- 
ively be sworn truly and impartially to try and deter- 
mine the charge in question according to evidence. 

Their judgment, however, shall not extend farther 
than removal from office, disqualification to hold or en- 
joy 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, accord- 
ing to laws of the land. 

HOUSE OF REPRESENTATIVES. 

There shall be in the Legislature of this State a rep- 
resentation of the people annually elected and founded 
upon principles of equality ; and in order that such rep- 



MANUAL OP THE CONSTITUTION. 123 

resentation 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 twen- 
ty-one years of age and upwards, may elect one repre- 
sentative ; if four hundred and fifty ratable polls, may 
elect two representatives; and so proceeding in that pro- 
portion, 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 
hundred and fifty ratable polls shall be classed by the 
General Assembly for the purpose of choosing a repre- 
sentative and seasonably notified thereof. 

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

Whenever any town, parish, or place entitled to town 
privileges, as aforesaid, shall not have one hundred and 
fifty ratable 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 second branch of the Legislature. 

All persons qualified to vote in the election of sena- 
tors shall be entitled to vote within the town, district, 
parish, or place where they dwell in the choice of rep- 
resentatives. 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 
inhabitant of this State, shall have an estate within the 



124 MANUAL OP THE CONSTITUTION. 

town, parish, or place which he may be chosen to rep- 
resent of the value of one hundred pounds, one half of 
which to be a freehold, 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 rep- 
resent; shall be of the Protestant religion, and shall 
cease to represent such town, parish, or place immedi- 
ately on his ceasing to be qualified as aforesaid. 

The travel of each representative to the General As- 
sembly and returning home once in every session, and 
no more, shall be at the expense of the State, and the 
wages for his attendance at the expense of the town, 
parish, or places he represents ; such members attending 
seasonably, and not departing without license. All in- 
termediate 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 in- 
quest of the State, and all impeachments made by them 
shall be heard and tried by the Senate. 

All money bills shall originate in the House of Rep- 
resentatives, 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 of the House of Repre- 
sentatives 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 mem- 
bers shall be necessary to render their acts and proceed- 
ings valid. 

No member of the House of Representatives or Sen- 
ate shall be arrested or held to bail on mesne process 
during his going to, returning from, or attendance upon 
the court. 



MANUAL OF THE CONSTITUTION. 125 

The House of Representatives shall choose their own 
speaker, appoint their own officers, and settle the rules 
of proceedings 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 beha- 
vior, or by threatening or ill-treating any of its mem- 
bers, 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 attend- 
ance 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. The Senate, 
president, and council shall have the same powers in 
like cases, provided that no imprisonment by either for 
any offense exceed ten days. 

The journals of the proceedings of both houses of the 
General Court shall be printed and published immedi- 
ately after every adjournment or prorogation ; and upon 
motion made by any one member, the yeas and nays 
u pon any question shall be taken and entered in the 
ournals. 

EXECUTIVE 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 per- 
son 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 



126 MANUAL OF THE CONSTITUTION. 

freehold in his own right, within the State ; and unless 
he shall be of the Protestant religion. 

Those persons qualified to vote for senators and rep- 
resentatives 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 annu- 
ally, give in their votes for a president to the selectmen 
who shall preside at such meeting, and the clerk, in the 
presence and with the assistance of 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 
declaration 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 secre- 
tary of the State seventeen days, at least, before said 
day, who shall lay the same before the Senate and 
House of Representatives on the first Wednesday of 
June, to be by them examined ; and in case of an elec- 
tion by a majority of votes through the State, the choice 
shall be by them declared and published, but if no per- 
son shall have a majority of votes, the House of Repre- 
sentatives 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 persons so elected, on which the Senate shall 
proceed by ballot to elect one of them, who shall be 
declared president. 

The president of the State shall preside in the Senate, 
shall have a vote equal with any other member, and 
shall also have a casting vote in case of a tie. 



MANUAL OF THE CONSTITUTION. 127 

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 should require the 
same. 

In cases of disagreement between the two houses 
with regard to the time of adjournment or prorogation, 
the president, with advice of council, shall have a right 
to adjourn or prorogue the General Court, not exceed- 
ing 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 prevail- 
ing 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 attend- 
ance, the president may direct the session to be holden 
at some other, the most convenient place within the 
State. 

The president 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 ; 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 assem- 
ble in martial array and put in warlike posture the 
inhabitants thereof, and to lead and conduct them, and 
with them to encounter, expulse, repel, resist, and pur- 
sue by force of arms, as well by sea as by land, within 
and without the limits of this state, and also to kill, 
slay, destroy, if necessary, and conquer by all fitting 
ways, enterprise, and means, all and every such person 



128 MANUAL OF THE CONSTITUTION. 

and persons as shall, at any time hereafter, in a hostile 
manner attempt or enterprise the destruction, invasion, 
detriment, or annoyance of this State ; and to use and 
exercise over the army and navy, and over the militia 
in actual service, the law martial in time of war, inva- 
sion, and also in rebellion, declared by the Legislature 
to exist, as occasion shall necessarily require ; and sur- 
prise by all ways and means whatsoever all and every 
such person and persons, with their ships, arms, ammu- 
nition, and other goods, as shall in a hostile manner 
invade or attempt the invading, conquering, or annoy- 
ing this State ; and, in fine, the president hereby is 
intrusted 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 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, 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 Gen- 
eral 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 im- 
peachment of the House, shall be in the president, by 
and with the advice of the council ; but no charter of 
pardon granted by the president, with advice of council, 
before conviction, shall avail the party pleading the 
same, notwithstanding any general or particular expres- 
sions contained therein, descriptive of the offence or 
offences intended to be pardoned. 

All judicial officers, the attorney-general, solicitor- 
general, all sheriffs, coroners, registers of probate, and 
all officers of the navy, and general and field officers of 



MANUAL OF THE CONSTITUTION. 129 

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 such appointment, 
and no appointment shall take place unless three of the 
council agree thereto. 

The captains and subalterns in the respective regi- 
ments shall be nominated and recommended by the field 
officers to the president, who is to issue their commis- 
sions immediately on receipt of such recommendation. 
No officer duly commissioned 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 ap- 
point their adjutants and quartermasters, the brigadiers 
their brigade-majors, the major-generals their aids, the 
captains and subalterns their non-commissioned officers. 
The president 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 companies, made in pursuance of the militia laws 
now in force, shall be considered as the proper division 
of the militia of this State until the same 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 protection and preser- 
vation of the inhabitants thereof, agreeably to the acts 
and resolves of the General Court. 



130 MANUAL OF THE CONSTITUTION. 

All public boards, the commissary-general, all super- 
intending 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, ammuni- 
tion, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
under their care respectively ; distinguishing the quan- 
tity 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 president, when 
required by him, true and exact plans of such lorts, 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 reason of his death, absence from the state or other- 
wise, 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 personally present. 

COUNCIL. 

Annually, on the first meeting of the General Court, 
two members of the Senate and three from the House 
of Representatives shall 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 councilors, or three of them at least,- 



MANUAL OF THE CONSTITUTION. 131 

shall and may from time to time hold and keep a coun- 
cil for ordering and directing the affairs of the State 
according to the laws of the land. The qualifications 
for councilors shall be the same as those required for 
senators. The members of the council shall not inter- 
meddle with the making or trying impeachments, but 
shall themselves be impeachable by the House and 
triable by the Senate for malconduct. 

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 resolu- 
tion 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 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 first be filled 
up ; the president shall then be elected, provided there 
should be no choice of him by the people ; and after- 
wards the two houses shall proceed to the election of the 
council. 

SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC. 

The secretary, treasurer, and commissary-general 
shall be chosen by joint ballot of the senators and rep- 
resentatives 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 deputy, as they may require. 



182 MANUAL OP THE CONSTITUTION. 

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 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 performance of their respective trusts. 

JUDICIARY POWER. 

The tenure that all commission officers shall have by 
law in their offices shall be expressed in their respect- 
ive commissions. All judicial officers, duly appointed, 
commissioned, and sworn, shall hold their offices during 
good behavior, excepting those concerning whom there 
is a different provision made in this Constitution ; -pro- 
vided, nevertheless, the president, with consent of 
council, may remove them upon the address of both 
houses of the Legislature. 

Each branch of the Legislature, as well as the presi- 
dent 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 
continuance in place of any justice of the peace who 
shall fail in discharging the important duties of his 
office with ability and fidelity, all commissions of 
justices of the peace shall become void at the expiration 
of five years from their respective dates; and upon the 
expiration of any commission, the same may, if neces- 
sary, 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 
administration, shall hold their courts at such place or 



MANUAL OF THE CONSTITUTION. 133 

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 
appeals from the respective judges of probate, shall be 
heard and tried by the superior court, until the Legis- 
lature shall by law make other provision. 

CLERKS 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 records 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 what- 
soever. 

DELEGATES TO CONGRESS. 

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

They shall have commissions under the hand of the 
president and the great seal of the State, 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 



134 MANUAL OP THE CONSTITUTION. 

years; nor shall any person, being a delegate, be capa- 
ble 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. 

ENCOURAGEMENT OF LITERATURE, ETC. 

Knowledge and learning generally diffused through 
a community being essential to the preservation of a 
free government, and spreading the opportunities and 
advantages of education through the various parts of the 
country being highly conducive to promote this end, it 
shall be the duty of the legislators and the magistrates 
in all future periods of this government to cherish the 
interest of literature and the sciences, and all seminaries 
and public schools ; to encourage private and public 
institutions, rewards and immunities for the promotion 
of agriculture, arts, sciences, commerce, trades, manu- 
factures, and natural history of the country; to counte- 
nance and inculcate the principles of humanity and 
general benevolence, public and private charity, indus- 
try and economy, honesty and punctuality, sincerity, 
sobriety, and all social affections and generous senti- 
ments among the people. 

OATH AND SUBSCRIPTIONS ; EXCLUSION FROM OFFICES ; 
COMMISSIONS ; WRITS ; CONFIRMATION OF LAWS ; 
HABEAS CORPUS ; THE ENACTING STYLE ; CONTINU- 
ANCE OF OFFICERS ; PROVISION FOR A FUTURE 
REVISION OF THE CONSTITUTION, ETC. 

Any person chosen president, councilor, senator, or 
representative, 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 declaration, viz. : 



MANUAL OP THE CONSTITUTION. 135 

/, A B, do truly and sincerely ackno?vledge, -profess, 
testify, and declare that the State of New Hampshire 
is, and of right ought to be, a free, sovereign, and 
independent State, and do siuear that I will bear faith 
and true allegiance to the same, and that I will endeavor 
to defend it against all treacherous conspiracies and 
hostile attempts whatever ; and I do further testify and 
declare that no man or body of men hath or can have a 
right to absolve me from the obligation of this oath, 
declaration, or affirmation, and that I do make this 
acknowledgment, -profession, testimony , and declaration, 
honestly and truly, according to the common accepta- 
tion of the foregoing words, without any equivocation, 
mental evasion, or secret reservation whatever. So 
help me God. 

I, A B, do solemnly and sincerely siuear and affirm 
that I will faithfully and impartially discharge and 

perform all the duties incumbent on me as 

, according to the best of my abilities, agreeably to 

the rules and regulations of this Constitution, and the 
laws of the State of New Hampshire. So help me 
God. 

Provided^ always, when any person chosen or ap- 
pointed as aforesaid shall be of the denomination called 
Quakers, or shall be scrupulous of swearing, and shall 
decline taking the said oaths, such shall take and sub- 
scribe them omitting the word " swear" and likewise 
the words " So help me God" subjoining instead there- 
of, " This I do under the pains and penalties of 
perjury." 

And the oaths or affirmations shall be taken and sub- 
scribed 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, before the president and three 
of the council of the former Constitution, and forever 



136 MANUAL OF THE CONSTITUTION. 

afterwards before the president and council for the time 
bein<jj ; and by the residue of the officers aforesaid, be- 
fore 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 
by the secretary or his deputy, and shall have the great 
seal of the State affixed 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 
New Hampshire, shall be under the seal of the court 
whence they issue, and bear test of the chief, first, or 
senior justice of the court ; but when such justice shall 
be interested, then the writ shall bear test of some other 
justice of the court, to which the same shall be returna- 
ble, and be signed by the clerk of such court. 

All indictments, presentments, and informations shall 
conclude 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 same manner as if such persons had 
died in a natural way. Nor shall any article which shall 
accidentally occasion the death of any person be hence- 
forth deemed a deodand, or in any wise forfeited on 
account of such misfortune. 

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 noth- 
ing 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. 



MANUAL OF THE CONSTITUTION. 137 

The privilege and benefit of the habeas corpus shall 
be enjoyed in this State in the most free, easy, cheap, 
expeditious, and ample manner, and shall not be sus- 
pended by the Legislature 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 Representatives, in General Court con- 
vened. 

No president or judge of the superior court shall hold 
any office or place under the authority of this State 
except such as by this Constitution they are admitted to 
hold, saving that the judges of the said court may hold 
the offices of justices of the peace throughout the State ; 
nor shall they hold any place or office, or receive any 
pension or salary, from any other State, government, or 
power whatever. 

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 ; military offices and 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 pro- 
bate, 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 deeds, president, professor, 
or instructor of any college, sheriff, or officer of the 
customs, including naval officers, shall at the same time 

10 



138 MANUAL OF THE CONSTITUTION. 

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 
Legislature, or any office of trust or importance under 
the government, who in the due course of law has been 
convicted of bribery or corruption in obtaining an elec- 
tion or appointment. 

In all cases where sums of money are mentioned in 
this Constitution, the value thereof shall be computed in 
silver at six shillings and eight -pence per ounce. 

To the end that there may be no failure of justice, or 
danger arise to this State from a change of the form of 
government, all civil and military officers, holding com- 
missions 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 committed 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 in- 
vested with their respective trusts, powers, and authority. 

This form of government shall be enrolled on parch- 
ment 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 



MANUAL OF THE CONSTITUTION. 139 

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 Assem- 
bly ; -provided, that no alteration shall be made in this 
Constitution before the same shall be laid before the 
towns and unincorporated places, and approved by two 
thirds of the qualified voters present, and voting upon 
the question. 

IN CONVENTION HELD AT CONCORD, 

The 3 ist Day of October, 1783. 

The returns from the several towns being examined, 
and it appearing that the foregoing bill of rights and 
form of government were approved of by the people, 
the same are hereby agreed on and established by the 
delegates of the people, and 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 Constitution at that time, and in the man- 
ner therein described. 

NATHANIEL FOLSOM, 

President, P. T. 

Attest : 

J. M. SEWALL, Secretary* 



140 MANUAL OF THE CONSTITUTION. 

Fourth Constitutional Convention of i JQI-IJQ2. After 
a period of seven years, pursuant to the provisions of 
the Constitution of 1784, and agreeably to precepts 
issued for that purpose, a convention to revise the Con- 
stitution of New Hampshire assembled in Concord, on 
Wednesday, September 7, 1791. It organized by the 
election of Samuel Livermore, of Portsmouth, as presi- 
dent, and John Calf, of Hampstead, as secretary. 

Among the distinguished members of this body, be- 
sides its president and secretary, were William Plumer, 
of Epping, whose active part in this convention caused 
its work to be popularly known as Plumer's constitu- 
tion ; Jeremiah Smith, of Peterborough ; John Pickering, 
of Newington ; Edward St. Loe Livermore, of Ports- 
mouth ; Abiel Foster, of Canterbury ; Timothy Walker, 
of Concord ; Nathaniel Peabody, of Atkinson ; Joshua 
Atherton, of Amherst ; Major Benjamin Pierce, of Hills- 
borough ; Elisha Payne, of Lebanon; Gen. Joseph Cil- 
ley, 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 : 

ist. 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. No member shall speak to another or otherwise 
interrupt the business of the Convention while the Jour- 
nal is reading or when any member is speaking ; nor 
pass between the President and a member speaking. 



MANUAL OP THE CONSTITUTION. 141 

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 Con- 
vention. 

5th. When two members rise at the same time, the 
President shall name the person to speak, but in all 
cases the person first rising shall speak first. 

(P. 41.) 6th. When the President shall stand up to 
put the question, the members shall sit down and keep 
silence. 

7th. No motion shall be debated until the same shall 
be seconded and any member may at any time with- 
draw his motion. 

8th. When a motion shall be made and seconded it 
shall if desired by the President or any member be re- 
duced to writing, 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 ad- 
journ. 

loth. The previous question being moved and 
seconded, the question from the Chair shall be, " Shall 
the main question be now put ? " and if the negative 
prevails the main question shall not then be put. 

(P. 42.) nth. If a question in debate contain sev- 
eral points, any member may have the same divided. 

I2th. Committees of less than five shall be nominated 
by the President, but Committees of five or more shall 
be chosen by ballot. 

I3th. Questions of order shall be determined by the 
President, but any member may appeal to the Conven- 
tion ; and when a member is called to order, he shall 



142 MANUAL OF THE CONSTITUTION. 

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. 

I4th. The yeas & nays if called for by any one mem- 
ber shall be entered on the Journal upon any proposi- 
tion moved to be sent out to the people as an amend- 
ment or alteration to the Constitution ; and each mem- 
ber present, and having heard the debates upon the 
particular question shall give his yea or nay except 
excused by a vote of the Convention : (p. 43.) and in 
the same manner may the yeas and nays be taken and 
entered on the Journal upon all the amendments collect- 
ively agreed to by the Convention to be sent out to the 
people. 

I5th. 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 those in the affirmative standing up, and 
then those in the negative the same ; and every member 
having heard the debates shall vote upon the question, 
except excused by a vote of the 'Convention. 

i6th. No person except a member or an officer of 
this Convention shall be allowed to come within the Bar 
of the House, (i) except such public characters as the 
President may invite, for whom particular seats shall be 
assigned. 

I7th. That it be a rule in conducting business that in 
any stage of a Question a motion to postpone a further 
consideration of any matter in debate, be considered as 
in order, and the main question left open for future dis- 
cussion, (pp. 39-40, 42.) 

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 pro- 
pose such alterations as he may think necessary." 

Eight days later it was voted : 



MANUAL OF THE CONSTITUTION. 143 



< t 



That Mr. Peabody, Mr. Plumer, Mr. Hoit, Mr. 
Smith (Meredith), Mr. Wallace, Mr. Atherton, Mr. 
Page (Charlestown), Mr. Kingsbury, Mr. Payne & Mr. 
Freeman, be a committee to take into consideration the 
Constitution 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 Conven- 
tion at the adjournment, alterations and amendments to 
be submitted to the people." 

On the same date, September 16, the Convention ad- 
journed until the second Wednesday of February, 1792, 
then to meet at Concord, (p. 57.) 

Pursuant to adjournment the Convention reassembled 
at Concord, February 8, 1792. In the absence of the 
president John Pickering was elected president pro tcm. 

The Committee chosen in September last to take into 
consideration the Constitution and the Resolutions 
passed at that session and the several motions for alter- 
ations, reported their opinions as to alterations and their 
reasons therefor : also the Constitution with the pro- 
posed alterations incorporated, (p. 63.) 

On February 24, 1792, this report having been 
amended and adopted, it was voted to submit to the 
legal voters of the State at elections to be held on the 
7th of May, 1792, the proposed amendments to the Con- 
stitution in the form of seventy-two (72) questions, to 
be voted upon separately, (p. 112.) 

The text of these amendments, together with the vote, 
is given on pages 147+. 

On the same day the Convention adjourned to Wednes- 
day, May 3Oth, then to meet at Concord. 



144 MANUAL OF THE CONSTITUTION. 

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 (46) had been adopted 
and twenty-six (26) rejected. The fact that amend- 
ments had been rejected upon which some of those 
adopted depended made further changes imperative. 
On Monday, June 4th, it was voted, " That a Commit- 
tee 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 & Mr. Livermore of Ports- 
mouth, and that they prepare an address to accompany 
the amendments." (p. 144.) 

(The editor of Province and State Papers, Vol. X, 
has searched in vain for an address as ordered to be 
sent out to the people.) (p. 144.) 

This Committee reported on the following day a new 
draft of parts 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 amendments 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 i7 I +- 

On June 5th the Convention adjourned to the first 
Wednesday of September, 1792. 

The Convention reassembled on September 5, 1792, 
when a canvass of the votes showed that the last amend- 
ments to the Constitution had been ratified. 



MANUAL OF THE CONSTITUTION. 145 

" Voted that Mr. Newcomb, Mr. Plumer, & Mr. E. 
S. Livermore, be a Committee to report to the Conven- 
tion a true copy of the Constitution as revised and 
agreed to by the people." (p. 167.) 

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 Hamp- 
shire." (p. 167.) 

The Convention then dissolved, just one year lacking 
two days from the date of their first assembling. 

Because of the large number of changes made in the 
Constitution by this Convention it has been popularly 
known as the " Constitution of 1792." But it will be 
seen from the seventy-two (72) amendments that they 
are in no sense a new Constitution. Judge Allen, in 
State v. Saundcrs, says, " ' The Constitution of 1792 ' 
is a misnomer. In article 20, of the Bill of Rights, and 
in article 89 of the second part of the Constitution l here- 
tofore' means before 1784." (N. H. Reports, Vol. 66, 
p. 72.) 

The Journal of the Convention of 1791-2 has been 
printed in Vol. X, of the Province and State Papers, 
pp. 1-196. 



ARTICLES 



IN ADDITION TO AND AMENDMENT OF THE 



CONSTITUTION 



STATE OF NEW-HAMPSHIRE 



AGREED TO BY THE 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, 



1792. 



MANUAL OF THE CONSTITUTION. 149 

UNDER THE HEAD BILL OF RIGHTS: 

That the following be added to the 6th article. 

I. 

But this shall not be construed to free a person from the obligation 
of his own contract, on his pretence of changing his religious persua- 
sion 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 month 
after the vote obtained for his settlement, to enter his dissent with the 
town or parish clerk against paying or contributing toward the sup- 
port of such minister ; and all minors, who after such settlement shall 
come of age, and all inhabitants 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, re- 
spectively, 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 as 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 con- 
tribute 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. 

ARTICLE 17. That the word " Assembly " be expunged, and the 
word * Legislature " inserted. 



150 MANUAL OP THE CONSTITUTION. 

III. 

ARTICLE 18. That the words "those of," " dye," be expunged, 
and the word " offences" inserted. 

IV. 

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 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 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, or seizure ; and no warrants ought to be issued but 
in cases, 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 between 
two or more persons, excepting in cases wherein it hath been hereto- 
fore 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 reg- 
ulations 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 arti- 
cle before excepted, unless in cases respecting mariners' wages. 

Rejected. 



MANUAL OP THE CONSTITUTION. 151 

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. 

VII. 

Article 35, to be expunged and the following substituted in lieu 
thereof: viz. 

It is essential to the preservation of the rights of every individual, 
his life, liberty, property & character, that there be an impartial inter- 
pretation 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 secu- 
rity of the rights of the people, that the Judges of the Supreme Judi- 
cial Court should hold their offices so long as they behave well, subject 
however to such limitations on account of age as may be provided by 
the Constitution of the State ; and that they should have honorable 
salaries ascertained and established by standing laws. 

UNDER THE HEAD GENERAL COURT. 
VIII. 

The Senate and House shall assemble every year, on the last 
Wednesday of Octor, and at such other times as they may Judge 
necessary and shall dissolve and be dissolved seven days next preceed- 
ing the last Wednesday of October, and shall be stiled the GENERAL 
COURT OF NEW-HAMPSHIRE. Rejected. 

IX. 

No member of the Genl Court shall take fees, be of Council, 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. 



152 MANUAL OF THE CONSTITUTION. 

X. 

The doors of the galleries of each House of the Legislature shall be 
kept open to all persons who behave decently, except when the wel- 
fare of the State in the opinion of either branch shall require secrecy. 

SENATE. 

XI. 

That the several paragraphs under the head of Senate be expunged, 
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 Wednesday of October next ensuing 
their election. Rejected. 

XII. 

And, that the State may be equally represented in the Senate, the 
Legislature shall from time to time divide the State into thirteen dis- 
tricts as nearly equal as may be, without dividing towns and unincor- 
porated places ; and in making this division they shall govern them- 
selves by the proportion of public taxes paid by the said districts, and 
timely make known to the inhabitants of the State the limits of each 
district. Rejected. 

XIII. 

The freeholders and other inhabitants of each district qualified 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 priviledges, 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 duely warned and holden 



MANUAL OF THE CONSTITUTION. 153 

annually forever in the month of March, 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 who shall not have been an 
Inhabitant of this State for seven years immediately preceeding his 
election ; and at the time thereof he shall be an inhabitant of the dis- 
trict 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. 

XVII. 

And the inhabitants of plantations and places unincorporated, qual- 
ified as this Constitution provides, who are or shall be required to 
assess taxes upon themselves towards the support of government, or 
shall be taxed therefor, shall have the same priviledge 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 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 Selectmen and Town Clerks have in their several 
towns by this Constitution. 

XVIII. 

The meetings for the choice of Governor, Counsellors and Senators 
shall be warned by warrant from the Selectmen, and governed by a mod- 
erator, who shall in the presence of the Selectmen (whose duty it shall 
11 



154 MANUAL OF THE CONSTITUTION. 

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 the State, at least thirty 
days before 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's office at least thirty days before 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 majority 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 
last Wednesday of October, he shall issue his summons to such per- 
sons 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 Presi- 
dent 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. 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 Represent- 
atives and such Senators as shall be declared elected, shall take the 



MANUAL OP THE CONSTITUTION. 155 

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 want- 
ing 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. 

Rejected. 
XXI. 

The Senate shall be final judges of the elections, returns and quali- 
fications of their own members as pointed out in this Constitution. 

XXII. 

The Senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time ; Provided neverthe- 
less, 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 five at 
least shall be necessary to render their acts and proceedings valid. 

XXIV. 

The Senate shall be a Court with full power and authority to hear, 
try and determine all impeachments made by the House of Represent- 
atives against any officer or officers of the State, for bribery, corrup- 
tion, mal-practice, or mal-administration in office, with full power 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 



156 MANUAL OF THE CONSTITUTION. 

the charge in question according to evidence. And every officer im- 
peached 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 im- 
peachment ; which service shall be made by the sheriff or such other 
sworn officer as the Senate may appoint, at least fourteen days previous 
to the time of trial ; and such citation being duly served and returned, 
the Senate may proceed in the hearing of the Impeachment, giving 
the person impeached, if he shall appear, full liberty of producing 
witnesses and proofs, and of making his defence by himself and 
Council, and may also upon his refusing or neglecting to appear, hear 
the proofs in support of the impeachment, and render judgment 
thereon, his non-appearance notwithstanding and such Judgment 
shall have the same force and effect, as if the person impeached had 
appeared and pleaded on the trial. Their judgment, however, shall 
not extend 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. When- 
ever the Governor shall be impeached, the Chief Justice of the Su- 
preme Judicial Court, shall during the trial preside in the Senate, but 
have no vote therein. 

UNDER THE HEAD HOUSE OF REPRESENTATIVES. 

XXV. 

That the fifth Caragraph under this head be expunged and the fol- 
lowing 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 Representatives 
shall be chosen by ballot ; and for two years at least next preceeding 
his election, shall have been an inhabitant of this State ; shall have 
an estate within the district which he may be chosen to represent, of 
the value of one hundred pounds, one half of which to be a freehold, 



MANUAL OF THE CONSTITUTION. 157 

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 ceasing 
to be qualified as aforesaid. Rejected. 

XXVI. 

That the sixth article under said head be expunged and the follow- 
ing added : 

The members of both Houses of the Legislature shall be compen- 
sated for their services out of the Treasury of the State by a Law made 
for that purpose ; such member attending seasonably and not depart- 
ing without licence. All intermediate vacancies in the House of Rep- 
resentatives, 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, elec- 
tions & qualifications of its members, as pointed out in this Consti- 
tution. That the last paragraph under the Head of House of Repre- 
sentatives be expunged, and the following added ; viz. 

XXVIII. 

The Journals of the Proceedings, & all the public acts of both 
Houses of the Legislature, 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 
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. 

GOVERNOR. 
XXIX. 

The Governor shall be chosen annually in the month of March, & 
votes for Governor shall be received, counted, sorted, certified & 



158 MANUAL OF THE CONSTITUTION. 

returned in the same manner as the votes for Senators ; & the Secre- 
tary shall lay the same before the Senate & 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 & 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 majority of votes, 
the Senate & 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 ; & 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 Governor, with 
advice of Council, shall have a right to adjourn or prorogue the Gen- 
eral 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 Gen 1 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 dan- 
gers may arise to the health or lives of the members from their attend- 
ance, the Governor may direct the session to be holden at some other 
the most convenient place within the State. 



MANUAL OF THE CONSTITUTION. 159 

XXXIV. 

Every bill, which shall have passed both Houses of the General 
Court, 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 his 
objections to that house in which it shall have originated, who shall 
enter the objections at large on their Journal and proceed to recon- 
sider 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 
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 
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 & 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 & limitations prescribed in the case of a bill. 

Rejected. 
XXXVI. 

All Judicial officers, the Attorney General, Solicitors, all Sheriffs, 
Coroners, Registers of Probate, & and all officers of the Navy, & 
General & field officers of the Militia shall be nominated & appointed 
by the Governor and Council ; & 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 & Council shall have a negative on each other 
both in the nominations appointments. Every nomination & ap- 
pointment shall be signed by the Governor or Council ; & every 
negative shall be also signed by the Governor or Council who made 
the same. 

Rejected. 



160 MANUAL OF THE CONSTITUTION. 

XXXVII. 

The Captains & Subalterns in the respective regiments shall be 
nominated by the field officers, & if approved by the Governor shall 
be appointed by him. Rejected. 

XXXVIII. 

Whenever the Chair of the Governor shall become vacant by rea- 
son of his death, absence from the State or otherwise, the President 
of the Senate, shall, during such vacancy, have and exercise all the 
powers and authorities which by this Constitution the Governor is 
vested with when personally present : But when the President of the 
Senate shall exercise the office of Governor, he shall not hold his 
office in the Senate. 

XXXIX. 

The several paragraphs under the head "President," in the Consti- 
tution, shall be altered by expunging the word "President,' 1 and in- 
serting the word GOVERNOR in lieu thereof. 

XL. 

And the second, third, fourth, sixth, ninth, sixteenth, and last par- 
agraph, 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 Constitution 
shall be expunged, and the following substituted in lieu thereof: 

There shall be annually elected by ballot five Councillors for advis- 
ing the Governor in the Executive part of Government : The free- 
holders and other inhabitants in each county qualified to vote for 
Senators, shall some time in the month of March give in their votes 
for one Councillor ; which votes shall be received, sorted, counted, 
certified and returned to the Secretary's office, in the same manner as 



MANUAL OF THE CONSTITUTION. 

the votes for Senators, to be by the Secretary laid before the Senate 
and house of Representatives 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 person shall have a 
majority of votes in any County the Senate and House of Represent- 
atives 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 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 hun- 
dred 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 inhabitant of this State for 
seven years immediately preceeding his election, and at the time of his 
election an inhabitant of the County in which he is elected. Rejected. 

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 shall accept the trust, or if any person elected 
as Councillor shall refuse to accept the office, or in case of the death, 
resignation, 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. The Governor shall have power 
and authority to convene the Council from time to time at his discre- 
tion, 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. 



162 MANUAL OF THE CONSTITUTION. 

XLVI. 

The members of the Council may be impeached by the House and 
tried by the Senate for bribery, corruption, mal-practice or mal-admin- 
istration. 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 cf the majority, with the 
reasons for such opinion. 

XLVII. 

The Legislature may, if the public good shall hereafter require it, 
divide the State into five districts as nearly equal as may be, govern- 
ing themselves by the number of rateable polls and proportion of 
public taxes, each District to select a Councillor ; and in case of such 
division, the manner of the choice shall be conformable to the present 
mode of election in Counties. 

XLVIII. 

And whereas the elections appointed to be made by this Constitu- 
tion on the last Wednesday of October 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 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. Rejected. 

Under the head SECRETARY, &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 appointed. 



MANUAL OP THE CONSTITUTION. 163 

L. 

The Secretary before he enters upon the business of his office, 
shall give bond with sufficient sureties in a reasonable sum for the use 
of the State, for the punctual performance of his trust. 

COUNTY TREASURER, &C. 

LI. 

That the paragraph under this head in the Constitution be ex- 
punged, 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 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 electing them. 

Lit. 

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 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 
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 determined against him 
twice by Jury. Rejected. 



164 MANUAL OF THE CONSTITUTION. 

LV. 

The General Court are hereby empowered to make alterations 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, and 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 upon verdict 
of a Jury, default, non-suit, or complaint for affirmation of judgment, 
in all cases wheie substantial justice has not been done (except as 
before excepted) in such manner and under such restrictions and 
regulations as to the General Court may 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 article 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 established 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 laws and no suit in equity shall be 
sustained where clear and adequate remedy may be had at law. 

Rejected. 



MANUAL OP THE CONSTITUTION. 165 

LVIII. 

The General Court are empowered to give justices of the peace 
jurisdiction in civil causes when the damages demanded shall not 
exceed four pounds, and title of real estate is not concerned ; but 
with right of 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. 

LX. 

No Judge of any Court or justice of the peace shall act as attorney, 
or be of counsel to any party, or originate any civil suit in matters 
which shall come or be brought before (him) as judge or justice of 
the peace. 

LXI. 

All matters relating to the Probate of Wills and granting letters of 
administration, shall be exercised by the Judges of probate in such 
manner as the Legislature have directed or may hereafter direct and 
the judges of probate shall hold their Courts at such place or places 
on such fixed days as the conveniency of the people may require, and 
the legislature from time to time appoint. 

LXI I. 

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 paragraph under the head "CLERKS OF COURT" in the 
Constitution be expunged, and the following substituted : viz. 



166 MANUAL OF THE CONSTITUTION. 

LXIV. 

The Judges of the Courts (those of Probate excepted) shall appoint 
their respective clerks, to hold their office during pleasure. And no 
such clerk shall act as an attorney, or be of council in any cause in the 
Court of which he is clerk, nor shall he draw any writ originating a 
civil action. 

LXV. 

That the paragraph in the Constitution under the head, "DELE- 
GATES TO CONGRESS," be expunged. 

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: So help me God. 

LXVII. 

Any person 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 Representatives 
first elected under this Constitution as amended 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 officers, before such persons and in 
such manner as the Legislature shall from time to time appoint. 

LXIX. 

That the I5th paragraph in this Constitution under the head 
"OATHS & SUBSCRIPTIONS" AC. be expunged, and the following 
substituted in lieu thereof, viz. : 



MANUAL OF THE CONSTITUTION. 167 

LXX. 

No person holding the office of Judge of any Court except special 
Judges Secretary, Treasurer of the State, Attorney General, Com- 
missary 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, Collectors of excise and State and 
Continental taxes hereafter appointed, and not having settled their 
accounts with the respective officers with whom it is their duty 
to settle such accounts, members of Congress or any person 
holding 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 Rep- 
resentatives 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 Senate or House of Representatives or Council, and the 
place so vacated shall be filled up. No member of the Council shall 
have a seat in the Senate or House of Representatives. 

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 arrangment accordingly. That the last para- 
graph in the 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 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 sense of the qualified voters on the subject of a revision 
of the Constitution : And the meeting being warned accordingly, and 



168 MANUAL OF THE CONSTITUTION. 

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 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 Con- 
vention 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 representatives to the General Court : Pro- 
vided, 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 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. 



MANUAL OP THE CONSTITUTION. 



169 



VOTE ON ARTICLES OF AMENDMENT TO THE CONSTITUTION OF 
NEW HAMPSHIRE, SUBMITTED TO THE PEOPLE MAY 7, 1792. 



Number of 
question. 


>< 





fc 


Number of 
question. 





I 


1 


994 


3,993 


37 


2,077 


1,558 


2 


3,760 


293 


38 


2,422 


1,113 


3 


3,567 


462 


39 


2,467 


1,220 


4 


3,336 


594 


40 


2,104 


1,270 


5 


2,511 


1,554 


41 


2,287 


1,336 


6 


3,080 


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 


4,285 


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 


2,300 


1,500 


51 


2,391 


1,019 


16 


2,542 


1,174 


52 


2,869 


714 


17 


2,763 


1,065 


53 


3,111 


426 


18 


2,343 


1,541 


54 


2,168 


1,368 


19 


2,135 


1,657 


55 


1,540 


1,911 


20 


2,329 


1,191 


56 


2,156 


1,192 


21 


2,693 


1,034 


57 


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 


1,255 


61 


2,899 


450 


26 


2,653 


1,120 


62 


3,268 


294 


27 


2,883 


489 


63 


2,540 


404 


28 


3,087 


460 


64 


2,905 


439 


29 


2,018 


1,769 


65 


2,852 


302 


30 


2,475 


1,163 


66 


3,037 


300 


31 


2,203 


1,454 


67 


3,085 


205 


32 


1,920 


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 


3,104 


226 


36 


2,327 


1,196 


72 


3,327 


187 



12 



A RTICLES 

IN ADDITION TO AND 

AMENDMENT 

OF THE 

CONSTITUTION 

OF THE 

STATE OK NEW HAMPSHIRE 

AGREED TO BY THE 

CO N VE N T I O N 

OK SAID STATE 



AND SUBMITTED TO THE PEOPLE THEREOF FOR 
THEIR APPROBATION 



AUGUST 27, 1792. 



MANUAL OP THE CONSTITUTION. 173 

IN CONVENTION HELD AT CONCORD, THE LAST Wednesday OF May, 
1792, BY adjournment. 

Whereas upon examining the returns from the several towns and un- 
incorporated places, it appears that under the heads senate, governor 
and council, many articles are approved by two thirds of the voters ; 
and many are not approved, by reason whereof said amendments 
are rendered inconsistant, and contradictory : And the convention 
not having the power to reject what has been approved by the 
people as aforesaid, 

THEREFORE, 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 articles which have been 
already approved by more than two thirds of the voters, and not 
inconsistant 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 exclusion bill, 
which is in the following words, "No member of the council shall 
have a seat in the senate or house of representatives," will be repug- 
nant to other parts of the constitution 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 unin- 
corporated places; and in making this division, they shall govern 



174 MANUAL OF THE CONSTITUTION. 

themselves by the proportion of direct taxes paid by the said dis- 
tricts, and timely make known to the inhabitants of the state the 
limits of each district. 

The freeholders and other inhabitants of each district, qualified 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 up- 
wards, 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 March, to vote 
in the town or parish wherein he dwells, for the senator in the dis- 
trict 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 inhabitant 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 the 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 required 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 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 



MANUAL OF THE CONSTITUTION. 176- 

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. 

The meetings for the choice of governour, council, and senators, 
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, 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 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 count}' in which such town or parish shall lie, thirty days 
at least before the first Wednesday of June, or to the secretary 
of the state at least twenty days before the said first Wednesday of 
June : And the sheriff of each county, or his deputy, shall deliver all 
such certificates by him received into the Secretary's office, at least 
twenty days before the first Wednesday of June. 

And that there may be a due meeting of senators on the first 
Wednesday of June annually, the governor, and a majority of the 
council for the time being, shall, as soon as may be, examine the 
returned copies of such records, and fourteen days before the first 
Wednesday of 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 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 



176 MANUAL OF THE CONSTITUTION. 

the following manner, viz. The members of the house of represent- 
atives, 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, 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. 

The senate shall be final judges of the elections, returns, and quali- 
fications, of their own members, as pointed out in this constitution. 

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. 

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 doing business ; and 
when less than eight senators shall be present, the assent of five, at 
least, shall be necessary, to render their acts and proceedings valid. 

The senate shall be a court, with full power and authority to hear, 
try, and determine, all impeachments made by the house of repre- 
sentatives against any officer or officers of the state, for bribery, cor- 
ruption, mal-practice, or mal-administration, in office ; with full power 
to issue summons, or compulsory process, for convening witnesses 
before them : But previous to the trial of any such impeachment, the 
members of the senate shall respectively be sworn truly and impar- 
tially 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 setting 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 



MANUAL OF THE CONSTITUTION. 177 

being duly served and returned, the senate may proceed in the hear- 
ing of the impeachment, giving the person impeached, if he shall 
appear, full liberty of producing witnesses and proofs, and of making 
his defence, by himself and counsel, & may also, upon his refusing or 
neglecting to appear hear the proofs in support of the impeachment, 
and render judgment thereon, his non-appearance notwithstanding; 
and such judgment shall have the same force and effect as if the per- 
son impeached had appeared and pleaded in the trial. Their judg- 
ment, however, shall not extend further than removal from office, 
disqualification to hold or enjoy any place of honour, 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. 

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. 



EXECUTIVE POWER. 

GOVERNOR. 

There shall be a Supreme Executive Magistrate, who shall be styled 
the Governor of the State of Newhampshire, 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 before the senate and house of representa- 
tives, on the first Wednesday of June to be by them examined, & 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. 



178 MANUAL OF THE CONSTITUTION. 

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 preceeding, 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, and unless he shall be of the protes- 
tant religion. 

In cases of disagreement between the two houses, with regard to the 
time or place of adjournment or prorogation, the governor, with advice 
of council, shall have a right to adjourn or prorogue the general court, 
not exceeding ninety days at any one time, as he may determine the 
public good may require, and he shall dissolve the same seven days 
before the said first Wednesday of June. 

And, in case of any infectious distemper prevailing in the place 
where the said court at any time is to convene, or any other cause, 
whereby dangers may arise to the health or lives of the members from 
their attendance, the governor may direct the session to be holden at 
some other the most convenient, place within the state. 

Every bill which shall have passed both houses of the general court, 
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 his objec- 
tions, 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. 

Every resolve shall be presented to the governor, and, before the 
same shall take effect, shall be approved by him, or being disapproved 



MANUAL OF THE CONSTITUTION. 179 

by him, shall be repassed by the senate and house of representatives, 
according to the rules and limitations prescribed in the case of a bill. 

All judicial officers, the attorney-general, solicitors, all sheriffs, 
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 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 council 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 receipt of such recom- 
mendation. 

Whenever the chair of the governor shall become vacant, by reason 
of his death, absence from the state, or other wise, the president of 
the senate shall during such vacancy, have and exercise all the pow- 
ers and authorities which, by this constitution the governor is vested 
with, when personally present; but when the president of the senate 
shall exercise the office of governor, he shall not hold his office in the 
senate. 

The governor, with advice of the 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 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 the time to which it may 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 commander- 
in-chief of the army and navy, and all the military forces of the state, 
by sea and land ; and shall have full power by himself, or by any 
chief commander, or other officer, or officers, from time to time, to 
train, instruct, exercise and govern the militia and navy ; and for the 
special defence and safety of this state, to assemble in martial array, 



180 MANUAL OF THE CONSTITUTION. 

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 without 
the limits of this state; and also to kill, slay, destroy, if necessary, 
and conquer by all fitting ways, enterprize and means, all and every 
such person and persons as shall, at any time hereafter, in a hostile 
manner, attempt or enterprize 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 legislature to 
exist, as occasion shall necessarily require : And surprize, by all ways 
and means 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 Gov- 
ernor shall not, at any time hereafter, by virtue of any power by this 
constitution granted, or hereafter to be granted to him by the legisla- 
ture, 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 Governor, by and with the advice of the council : But no char- 
ter of pardon granted by the Governor, with advice of council, before 
conviction, shall avail the party pleading the same, notwithstanding 
any general or particular expressions contained therein, descriptive of 
the offence 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 
Governour, or by fair trial in court-martial, pursuant to the laws of 
the state for the time being. 



MANUAL OP THE CONSTITUTION. 181 

The commanding officers of the regiments shall appoint their Adju- 
tants and Quarter-masters; the Brigadiers, their Brigade- Majors ; the 
Major Generals, their Aids ; the Captains and Subalterns, 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 companies, 
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. 

No monies shall be issued out of the treasury of this state, and 
disposed of, (except such sums as maybe appropriated for the redemp- 
tion of bills of credit, or Treasurer's notes, or for the payment of inter- 
est 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 neces- 
sary protection and preservation of the inhabitants thereof, agreeably 
to the acts and resolves of the General Court. 

All public boards, the commissary-general, all superintending offi- 
cers of public magazines and stores belonging to this state, and all 
commanding officers of forts and garrisons within the same, shall, 
once, in every three months, officially, and without requisition, and 
at other times when required by the Governor, deliver to him an ac- 
count 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 har- 
bours adjacent. 

The Governor and council shall be compensated for their services, 
from time to time, by such grants as the general court shall think rea- 
sonable. 

Permanent and honourable salaries shall be established by law, for 
the justices of the superiour court. 



182 MANUAL OF THE CONSTITUTION. 

COUNCIL. 

There shall be annually elected, by ballot, five councillors, for ad- 
vising the governor in the executive part of government. The free- 
holders and other inhabitants in each county, qualified to vote for 
senators, shall some time in the month of March, give in their votes 
for one councillor; which votes shall be received, sorted, counted, 
certified, and returned to the secretary's office, in the same manner as 
the votes for senators, to be by the secretary laid before the senate 
and house of representatives on the first Wednesday of June. 

And the person having a majority of votes in any county, shall be 
considered as duly elected a councillor : But if no person shall have a 
majority of votes in any county, the senate and house of representa- 
tives shall take the names of the two persons who have the highest 
number of votes in each county, and not elected, and out of those 
two shall elect by joint ballot, the councillor wanted for such county, 
and the qualifications for councillors shall be the same as for sena- 
tors. 

If any person thus chosen a councillor, shall be elected governor 
or member of either branch of the legislature, shall accept the 
trust: or if any person elected a councillor, shall refuse to accept 
the office; or in case of the death, resignation, or removal of any 
councillor out of the state : the Governor may issue a precept for the 
election of a new councillor in that county where such vacancy shall 
happen; and the choice shall be in the same manner as before 
directed : And the Governor shall have full power and authority to 
convene the council, from time to time, at his discretion ; and, with 
them, or the majority of them, may, and shall, from time to time, 
hold a council, for ordering and directing the affairs of 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 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 agree- 
ing thereto ; and this record may be called for at any time, by either 



MANUAL OP THE CONSTITUTION. 183 

house of the legislature ; and any member of the council may enter 
his opinion contrary to the resolutions of the majority, with the rea- 
sons 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, govern- 
ing themselves by the number of rateable polls, and proportion of pub- 
lic taxes ; each district to elect a councillor : And, in case of such 
division, the manner of the choice shall be conformable to the present 
mode of election in counties. 

And whereas the elections, appointed to be made by this constitu- 
tion, on the first Wednesday of June annually by the two houses of 
the legislature, may not be completed on that day, the said elections 
may be adjourned from day to day, until the same be completed : and 
the 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. 

When the foregoing amendments shall become a part of the consti- 
tution 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 Somersworth, in 
the county of Strafford, this 2/th day of August, anno domini 1792, 
for the purpose of considering the foregoing amendments to the con- 
stitution of the state of New Hampshire, as agreed upon in conven- 
tion ; that there were 14 voters present who voted for the amend- 
ments, and i voter present who voted against the amendments. 

Attest : John Philpot, Town Clerk. 



184 MANUAL OP THE CONSTITUTION. 

In convention resolved, that the following articles of amendments 
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, that the people may be informed 
what is already ratified. 

II. 

That the word assembly, be expunged, and the word legislature 
inserted. 

III. 

That the words " those of n be expunged, and the word " dye " be 
expunged, and the word "offences" inserted. 

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 search suspected places, or ar- 
rest 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 of 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 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 grievances 
and for making such laws as the public good may require. 

VII. 

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 



MANUAL OF THE CONSTITUTION. 185 

of every citizen to be tried by judges as impartial as the lot of human- 
ity will admit, it is therefore not only the best policy, but for the 
security of the rights of the people, that the judges of the supreme 
judicial court should hold their offices so long as they behave well ; 
subject however to such limitations on account of age as may be pro- 
vided 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 general court shall take fees, be of council, 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. 

X. 

The doors of the galleries of each house of the legislature, shall be 
kept open to all persons who behave decently, except when the wel- 
fare of the state in the opinion of either branch shall require secrecy. 

XXVI. 

The members of both houses of the legislature shall be compen- 
sated for their services out of the treasury of the state, by a law made 
for that purpose, such members attending seasonably, and not depart- 
ing without licence. 

All intermediate vacancies in the house of representatives may be 
filled up from time to time, as the annual elections are made. 

XXVII. 

The house of representatives shall be judge of the returns, elec- 
tions, and qualifications of its members ; as pointed out in this consti- 
tution. 

XXVIII. 

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 any 

13 



186 MANUAL OP THE CONSTITUTION. 

one member the yeas and nays upon any question shall be entered on 
the journals ; and any member of the senate or house of representa- 
tives 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, re- 
solve or bill passed, entered on the journals. 

XXXIX. 

The several paragraphs under the head President in the constitution 
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 office, shall 
give bond with sufficient sureties in a reasonable sum, for the use of 
the state, for the punctual performance of his trust. 

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, 
provide nevertheless, the legislature shall have authority to alter the 
manner of certifying the votes & the mode of electing those officers, 
but not so as to deprive the people of the right they now have of 
electing them. 

LII. 

And the legislature, on the application of the major part of the in- 
habitants of any county, shall have authority to divide the same into 
two districts for registering deeds if to them it shall appear necessary, 
each district to elect a register of deeds. 



MANUAL OP THE CONSTITUTION. 187 

LIII. 

The county treasurer and register of deeds before they enter upon 
the business of their offices shall be respectively 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. 

LVIII. 

The general court are impowered to give to justices of the peace 
jurisdiction in civil causes where the damages demanded shall not ex- 
ceed four pounds, and title of real estate is not concerned but with 
right of appeal to either party to some other court, so that a trial by 
jury in the last resort may be had. 

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. 

LX. 

No judge of any court, or justice of the peace shall act as attorney, 
or be of counsel to any party, or originate any civil suit in matters 
which shall come or be brought before him as a judge or justice of the 
peace. 

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 conveniency of the people may re- 
quire, 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. 



188 MANUAL OP THE CONSTITUTION. 

LXIII. 

That the paragraphs under the head of clerks of courts, in the con- 
stitution, 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 office during pleasure, and no 
such clerk shall act as an attorney or be of counsel in any cause in the 
court of which he is clerk, nor shall he draw any writ originating a 
civil action. 

LXV. 

That the paragraphs in the constitution under the head delegates 
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, that I will bear faith and true 
allegiance to the state of Newhampshire, and will support the con- 
stitution thereof. So help me God. 

LXVI I. 

Any person having taken and subscribed the oath of allegiance 
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 of both 
houses of the legislature, and by the senators and representatives 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 officers, before such persons, and in such 
manner as the legislature shall from time to time appoint. 



MANUAL OF THE CONSTITUTION. 189 

LXIX. 

That the fifteenth paragraph in the constitution, under the head 
oaths, subscriptions, &c. 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 general, commis- 
sary 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, in- 
cluding naval officers Collectors of excise, and state and continental 
taxes hereafter appointed and not having settled their accounts with 
the respective officers with whom it is their duty to settle such 
accounts, members of Congress, or any person holding 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 representatives 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 of 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 effect ; and 
make the necessary arrangements accordingly. 

That the last paragraph in the 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 annual meeting for 
the choice of senators, after the expiration of seven years from the 



190 MANUAL OF THE CONSTITUTION. 

adoption of this constitution, as amended to insert expressly in the 
warrant, this purpose among the others, for the meeting, to wit : to 
take the sense of the qualified voters on the subject of a revision of 
the constitution. And the meeting being warned accordingly and 
not otherwise, the moderator shall take the sense of the qualified 
voters present, as to the necessity of a revision, and a return of the 
number of votes for, and against such necessity, shall be made by the 
clerk, sealed up and directed to the general court at their then next ses- 
sion. 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 
constitution ; it shall be the duty of the general court to call a con- 
vention 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 representatives to the general court ; provided, that no altera- 
tions shall be made in this constitution, before the same shall be laid 
before the towns and unincorporated places ; and approved by two 
thirds of the qualified voters present, and voting on the subject. 
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. 

SAMUEL LIVERMORE, President. 
Attest: JOHN CALFE, Secretary. 

VOTE ON ARTICLES OF AMENDMENT TO CONSTITUTION OF NEW 
HAMPSHIRE, SUBMITTED TO THE PEOPLE AUG. 27, 1792. 

Ayes, 2,122; Noes, 978. 

Constitution Unchanged, 1792 to 1852. Notwith- 
standing the people were periodically given opportunity 
by the General Court to order the calling of another 
constitutional convention, they declined to do so, and 



MANUAL OF THE CONSTITUTION. 



191 



the constitution as amended in 1792 was the fundamen- 
tal law of the State for nearly sixty years. No other 
State of the American Union has preserved any constitu- 
tion ratified by the people unmodified for so long a 
period, although North Carolina closely approached it. 
The following table shows the dates of the approval 
of the several acts of the Legislature during that period, 
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. 


Total. 


Yea. 


Nay. 


1799, December 13 


6,724 


2,478 


4 246 


1806, June 11 


12,625 


1,722 


10903 


1820, December 11 


16,260 


2,407 


13 853 


1833, January 5.. . .... 


16,441 


4,623 


11,818 


1833 July 6 


18 156 


5973 


12 183 


1837, July 1 
1844, June 19 


19,651 
31,849 


2,821 
10,855 


16,830 
20,994 


1846, July 10 


16,998 


4,583 


12,415 


1849, July 7 


43,359 


28,877 


14,482 











Fifth Constitutional Convention , 1850-51. On 
Wednesday, November 6, 1850, this convention assem- 
bled in Concord, and organized by electing Franklin 
Pierce of Concord, president, and Thomas J. Whipple 
of Laconia, secretary. 



192 MANUAL OF THE CONSTITUTION. 

The following Rules of Procedure were 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 and order, and may speak on points of order in 
preference to other members, and may substitute any member to per- 
form 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 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 but the members and officers of the Convention 
shall be admitted within the chamber, unless by invitation 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. 

7. When any question is under debate no motion shall be received 
but, 1st, to adjourn; 2d, to lie on the table; 3d, to postpone to a 
day certain; 4th, to commit ; 5th, to amend; which several motions 
shall take precedence in which they are arranged. Motions to ad- 
journ and lie on the table shall be decided without 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 insert shall not 
be divided. 

9. A motion for commitment, until it is decided, shall precede all 
amendments to the main question ; and all motions and reports may 
be committed at the pleasure of the Convention. 



MANUAL OF THE CONSTITUTION. 193 

10. No vote shall be reconsidered unless the motion for reconsid- 
eration be made by a member who voted with the majority. 

11. Every question shall be decided by yeas and nays whenever 
a demand for the same shall be made and 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 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 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. : 

ist. The presentation of petitions; 

2nd. The report of committees ; 

3rd. The unfinished business of the preceding day. 

On November 8th the president announced the stand- 
ing 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. 

The Judicial Department, 

Levi Woodbury, Portsmouth. 

The Militia, 

John Wadleigh, Meredith. 

The Religious and Property Test, 
William P. Weeks, Canaan. 



194 MANUAL OP THE CONSTITUTION. 

Amendments to the Constitution, 

George W. Nesmith, Franklin. 

Miscellaneous and subjects not otherwise provided for, 
Bening W. Jenness, StrafFord. 

Revising Business, 

James Bell, Gilford. 

On Education, 

Levi W. Leonarde, Dublin. 

Some of the other leading members of this conven- 
tion were William Plumer, Jr., of Epping ; Gilman 
Marston and J. G. Hoit, of Exeter ; Thomas E. Saw- 
yer, of Dover ; Charles Lane, of Gilford ; Joel East- 
man, 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. Sanborn, of Hanover ; Samuel Swasey, of 
Haverhill. 

This convention revised the constitution by consider- 
ing it under the separate and consecutive heads in Com- 
mittee of the Whole. The various proposed amend- 
ments and resolutions were then sent to special and 
appropriate committees as instructions from the conven- 
tion. 

The convention was in session from November 6 to 
November 22, 1850, and from December 3 to Janu- 
ary 3, 1851. Besides the changes affecting the ratio 
and basis of representation those of the most impor- 
tance approved by the convention were provisions for 



MANUAL OP THE CONSTITUTION. 195 

a Lieutenant-Governor, for biennial sessions, to abolish 
the council, to provide for a Commissioner of Agricul- 
ture, a state Superintendent of Public Instruction, and 
a Railroad Commissioner, and to divide the state into 
fifteen senatorial districts for the election of thirty 
senators. 

It was voted to submit the amendments to the people 
for their approval at the annual town meetings to be 
held on the second Tuesday of March, 1851, in the 
form of fifteen (15) questions. These questions and the 
amendments, with the popular vote thereon, are given 
on a following page. 

On January 3 the convention adjourned to April 16, 
1851. 

AMENDMENTS TO THE CONSTITUTION, 
PROPOSED 1851. FIRST SERIES. 

[The numbers of articles first herein below cited are 
those of the constitution of 1783, as amended in 1792, 
and printed in Poor's *' Constitutions and Charters" 
(second edition) 1878. (Part II, pp. 1294-1308.) The 
numbers of articles in quotation marks correspond to 
those in the constitution authorized by the convention of 
1850-51, embodying its proposed amendments. 

The following amendments, with few exceptions, do 
not appear in the Journal of the convention of 1850-51, 
except in their appropriate places in the draft of the 
constitution authorized by that convention. They have 
been extracted by comparison of the text of the consti- 
tution as amended in 1792 with the draft previously 



196 MANUAL OF THE CONSTITUTION. 

named of 1850-51 ; and the extracts have been arranged 
under what by reference to the fifteen questions sub- 
mitted to the people appear to be their appropriate 
numerals.] 

I. 
BILL OF RIGHTS. 

ARTICLE 6. Strike out this article, and in lieu thereof insert " Art. 
6. As morality and piety, rightly grounded on the principles of the 
Bible, 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 
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 the right to em- 
power, and do hereby fully empower, the several religious societies 
which may at any time exist within this State, to make adequate pro- 
vision, at their own expense, for the support and maintenance of pub- 
lic teachers of piety, religion and morality: provided, that such relig- 
ious 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 a teacher, or teachers, of another persuasion, sect or denomination ; 
and every religious denomination, 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 the law. 

ART. 12. Strike out the words " to which they or their representa- 
tive body, have given their consent," and insert in lieu thereof, 
"enacted in conformity to this Constitution and that of the United 
States. 1 ' 

ART. 20. Strike out this article and insert in lieu thereof the fol- 
lowing : "Art. 20. In all controversies concerning property, and in 



MANUAL OF THE CONSTITUTION. 197 

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." 

ART. 34. Strike out the words, " but by the authority of the Leg- 
islature. 11 

After Art. 34, insert the following : 

"Art. 35. Arrest or imprisonment on mesne or final process, 
founded on contract, shall not be allowed, unless the creditor, or his 
agent, shall previously make affirmation of his belief that the 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." 

Art. 35. Strike out the words "It is therefore, not only the best 
policy, but for the security of the rights of the people, that the judges 
of the supreme judicial court should hold their offices so long as they 
behave well : subject, however, to such limitations on account of age 
as may be provided by the constitution of the State ; and that they 
shall have honorable salaries, ascertained and established by standing 
laws . " 

Art. 36. Strike out the words "especially in a young one"; and 
also strike out the word " one " and insert " two" in lieu thereof. 

Art. 38. Strike out this article and insert : 

" Art. 40. Knowledge and learning generally infused through a 
community being essential to the preservation of a free government, 
and spreading the opportunities and advantages of education through 
the various parts of the country, being highly conducive to promote 
this end, it shall be the duty of the Legislature and magistrates, in 
all future periods of this government, to cherish the interests of litera- 
ture and the sciences, and all seminaries and public schools ; to en- 
courage private and public institutions, rewards and immunities for 
the promotion of agriculture, arts, sciences, commerce, trades, manu- 
factures and natural history of the country; to countenance and incul- 
cate the principles of humanity and general benevolence, public and 



198 MANUAL OP THE CONSTITUTION. 

private charity, industry and economy, honesty and punctuality, sin- 
cerity, sobriety and all social affections and generous sentiments 
among the People." 

Add numbering it Art. 41 the following: "Art. 41. Perpetuities 
are contrary to the genius of a free government, and shall never be 
allowed ; and the Legislature shall have the power at all times to alter, 
amend or repeal any legislative act conferring corporate powers, fran- 
chises or privileges, as the public good shall be deemed to demand." 

Rejected. 

II. 

Strike out Arts. 9, 10, n, and insert in lieu thereof the following: 
Art. 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 representation may be 
as equal as circumstances will admit, every town, or place entitled to 
town privileges, having one hundred and seventy-five ratable polls of 
twenty-one years of age and upwards, 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 representa- 
tives ; if fifteen hundred and fifty ratable polls, may elect three repre- 
sentatives ; if twenty-five hundred and fifty ratable polls, may elect four 
representatives ; and so proceeding, making one thousand such rata- 
ble polls the mean increasing number for every additional representa- 
tive after the third. Such towns or places as have less than one hun- 
dred 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 and 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 : and provided, further, 
that all towns, cities or places, which now are, or hereafter may be, 
divided into sections or wards for the choice of representatives, shall, 



MANUAL OF THE CONSTITUTION. 199 

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 and 
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 election 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 is consistent 
with this Constitution, the selection of the years when they will exer- 
cise their rights." Rejected. 

III. 

Arts 25, 26. Strike out these articles and in lieu thereof insert the 
following : 

"Art. 28. The Senate shall consist of thirty members, who shall 
hold their office for two years from the first Wednesday of June next 
following their election." 

"Art. 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 each of which 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 terri- 
tory, of compact and convenient form, and 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." 

Art. 29. Add at the end of this article the words, "and shall 
cease to be a Senator when he ceases to be an inhabitant of the dis- 
trict." 

Art. 34. Strike out this article and insert in lieu thereof the fol- 
lowing : 

" Art. 37. And in case there shall not appear to be two Senators 
elected for any district, the deficiency shall be supplied in the follow- 
ing manner, viz : the members of the House of Representatives, and 



200 MANUAL OP THE CONSTITUTION. 

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 dis- 
trict, and if two Senators are wanted for said district, the names of 
the four persons having the highest number of votes in said district, 
and out of them shall elect, by joint vote, the Senator or Senators 
wanted for such district. And in this manner all such vacancies shall 
be filled in every district of the State; and in a like manner all vacan- 
cies 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." 

Art. 37. Strike out this article and insert in lieu thereof the fol- 
lowing : 

"Art. 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 pres- 
ent, the assent of fifteen, at least, shall be necessary to render their 
acts and proceedings valid." Rejected. 

IV. 

Art. 40. Insert after the word "Governor" the words, " or lieu- 
tenant Governor." 
After Art. 41 insert : 

"Art. 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." 

Art. 42. Strike out this article and insert in lieu thereof the fol- 
lowing : 

"Art. 46. The Governor and Lieutenant Governor shall be 
chosen biennially in the month of March ; and the votes of these offi- 
cers shall be received, sorted, counted, certified, and returned, in the 
same manner as the votes for Senators ; and the Secretary shall lay 



MANUAL OF THE CONSTITUTION. 201 

the same before the Senate and House of Representatives on the first 
Wednesday of June biennially, to be by 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. And the qualifications of 
electors of Governor and Lieutenant Governor shall be the same as 
those of Senators. 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 office, having 
an equal number of votes, then the Senate and House of Representa- 
tives shall by joint vote elect one of the two or more persons having 
the highest number of votes for said offices respectively ; and shall 
declare him Governor or Lieutenant Governor 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." 

Art. 49. Strike out this article and insert in lieu thereof the fol- 
lowing : 

"Art. 51. Whenever the office of Governor shall become vacant 
by reason of his death, absence from the State, or otherwise, the 
Lieutenant Governor shall, during such vacancy, have and exercise 
all the powers and 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 Lieutenant Gov- 
ernor, or other cause, the President pro tern of the Senate shall during 
such vacancy, have and exercise the same powers and authorities ; but 
when the Lieutenant Governor, or President pro tempore of the Senate, 
shall exeicise the office of Governor, he shall not preside in the 
Senate." 

Art. 51. Strike out this article and insert in lieu thereof the fol- 
lowing : 

"Art. 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 ; 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 ; to 

14 



202 MANUAL OF THE CONSTITUTION. 

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 insurrection and to repel invasion ; and, in fine, the Gov- 
ernor is hereby 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 Legis- 
lature, nor grant commissions for exercising the law martial in any 
case, without the advice and consent of the Senate." 

Art. 58. Strike out the word, " Council " and insert in lieu thereof 
the words, " Lieutenant Governor." 

Art. 84. Strike out the word, "Councillor" and insert in lieu 
thereof the words, " Lieutenant Governor." 

Art. 85. Insert after the word " governor" the words, " and lieu- 
tenant Governor." 

After Art. 87 " insert the following: 

"Art. 88. The Governor, upon address of both Houses of the 
Legislature, except where a different mode of removal is provided, may 
remove any of the foregoing officers for incapacity or malversation in 
office." 

Art. 93. Insert after the word Governor " the words Lieuten- 
ant Governor." 

Art. 95. Insert after the word " governor" the words, " or Lieu- 
tenant Governor." Rejected. 

V. 

Art. 3. Strike out this article and insert in lieu thereof the follow- 
ing: 

Art. 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 



MANUAL OF THE CONSTITUTION. 203 

and be dissolved seven days next preceding the first Wednesday of 
June two years after ; and shall be styled the Legislature of New 
Hampshire." 

Arts. 12, 16, 37, 38, 31, 33, 42. Strike out the word " annually" 
wherever it occurs and insert in lieu thereof the word " biennially." 

Rejected. 
VI. 

Arts. 46, 47, 48. Strike out these articles and insert in lieu thereof 
the following : 

" Art. 50. All officers, whose election or appointment is not other- 
wise provided for, shall be nominated by the Governor and confirmed 
by a majority of the Senate ; and every such nomination shall be made 
at least three days prior to such confirmation. The nomination shall 
be in writing, signed by the Governor, and the confirmation or rejec- 
tion shall be signed by the presiding officer of the Senate." 

Art. 67. Strike out this article and insert in lieu thereof the fol- 
lowing : 

"Art. 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." 

Art. 73. Insert at the beginning of this article the following: 
" All judicial and other officers shall be duly sworn ; and" 

Art. 74. Strike out this article. 

Art. 76. Add at the end of this article the following words : " 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." 

After "Art. 76" insert the following: 

"Art. 77. County Judges, Judges of Probate, Registers of Pro- 
bate, 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." 

After " Art. 78 " insert the following: 

" Art. 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." 



204 MANUAL OF THE CONSTITUTION. 

"Art. 80. Commissioners in other States, Bank Commissioners, 
Notaries Public, Justices of the Peace, Justices of the Quorum, Justi- 
ces of the Peace throughout the State, Commissary General and other 
officers whose mode of appointment shall not be otherwise provided 
for in this Constitution, or by the Legislature, 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." 

"Art. 81. The Superintendent of the Asylum for the Insane 
shall be appointed by the Trustees of that institution, and removable 
at their pleasure." 

* Art. 82. The Warden of the State Prison shall be appointed by 
the Governor with the consent of the Senate ; and two Commissioners 
shall be appointed in the same manner, who, together with the Gov- 
ernor, 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 prescribed by the Legislature." 

After "Art. 83" insert the following: 

" Art 84. Officers shall be chosen, or appointed, to supply va- 
cancies 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 occuring in the offices in which, according to the 
foregoing provisions, the election or appointment is to be made for 
the State at large, and also in the case of vacancies in the office of 
County Judges." 

"Art. 85. The Judges of Probate, in the several counties, shall 
fill vacancies in the office of Registers of Probate." 

" Art. 86. The County Judges, or, in case there shall at the time 
be no such Judges, the Governor, shall fill vacancies occuring in 
county offices." 

"Art. 87. The officers appointed to fill vacancies, in all the 
foregoing cases, shall hold their offices only until successors shall be 
chosen, or appointed, by the regular appointing power." 

Rejected. 



MANUAL OF THE CONSTITUTION. 205 

VII. 

Arts. 77, 78. Strike out these articles and insert the following in 
lieu thereof: 

" Art. 72. There shall be chosen in each town not less than two 
nor more than three Trial Justices, who shall have exclusive original 
jurisdiction in all civil cases where the amount in controversy shall not 
exceed fifty dollars, unless in cases where the title to real estate is 
concerned the Legislature shall otherwise provide ; and the Legisla- 
ture is authorized to extend the jurisdiction of such Justices to such 
further amount, not exceeding one hundred dollars in all, as they shall 
deem expedient ; and in any case pending before any Trial Justice, 
either party shall have the right to a trial by jury, which shall consist 
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 
such party in all cases in which the decision shall not be changed 
upon appeal." 

After ''Art. 77," insert the following: j 

"Art. 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." Rejected. 

VIII. 

Art. 14. Strike out the words "shall have an estate within the 
district which he may be chosen to represent, of the value of one hun- 
dred pounds, one-half of which to be a freehold whereof he is seized 
in his own right" and "shall be of the Protestant religion." 

Art. 29. Strike out the words, " who is not of the Protestant Re- 
ligion and seized of a freehold estate in his own rights of the value of 
two hundred pounds lying within the State." Rejected. 






206 MANUAL OP THE CONSTITUTION. 

IX. 

Arts. 98, 99, 100, 101. Strike out these articles and insert in lieu 
thereof the following: 

1 'Art. 1 08. 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 amendments, shall then be 
entered on 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 Legislature next afterwards 
to be chosen, such proposed amendment, 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 
submit such proposed amendment, or amendments to the People, and 
if two-thirds 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 Constitution : provided that no amend- 
ment, 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 amendment proposed to any and every 
provision of the Constitution separately." Rejected. 

X. 

After Art. 8 1 insert the following articles : 

Art. 76. Judges of the Supreme Court, and other Judges having 
jurisdiction throughout the State, the Attorney General and Railroad 
Commissioners, shall be chosen, by ballot, by a plurality of the qualified 
voters throughout the State, and shall hold their offices for six years : 
provided, however, that the Legislature, in order that the Justices 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." Rejected. 



MANUAL OF THE CONSTITUTION. 207 

XL 

Art. 83. Strike out this article and insert in lieu thereof the fol- 
lowing : 

"Art. 89. The Legislature shall 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 State taxes, apportioned to 
them respectively, to be applied exclusively to the support of such 
schools." 

"Art. 90. The supervision of public instruction shall be vested 
in a State Superintendent, and such other officers as the Legislature 
shall direct." 

"Art. 91. The State Superintendent shall be chosen, biennially, 
by the qualified electors of the State, in such manner as the Legisla- 
ture shall provide ; his powers, duties and compensation shall be pre- 
scribed by law." Rejected. 

XII. 

" Art. 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. Rejected. 

XIII. 

"Art. 10. All elections by the People shall be determined by a 
plurality of votes." Rejected. 

XIV. 

Arts. 5, 43, 50, 52, 56. Strike out wherever they occur the words 
"with advice and consent of Council." 

Art. 23. Strike out the words "governor and council." 

Arts. 60, 61, 62, 63, 64, 65. Strike out these articles. 

Art. 66. Strike out the words "And afterwards the two houses 
shall proceed to fill up the vacancy, if any, in the Council." 



208 MANUAL OP THE CONSTITUTION. 

Art. 94. Strike out the words "and council," and insert in lieu 
thereof the words, "and senate" ; also add between the last two words 
of said article the following words: "trial justices, coroners and 
notaries public." Rejected. 

XV. 

Arts, i-ioi. Strike out the words "general court" wherever they 
occur and insert the word " Legislature" in place thereof. 

Art. 5. Insert after the word "constitution" where it first occurs 
the words, "or the Constitution of the United States" and after the 
words "government thereof" the words, "to provide for the enroll- 
ment, organizing and disciplining of the Militia, in such manner as 
they may deem expedient, not repugnant to the Constitution and 
Laws of the United States." 

After Art. 8 insert the following article : 

"Art 9. All elections by the Legislature, or by either branch 
thereof, shall be viva voce." 

After "Art. 10" insert the following: 

"Art. u. 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, in- 
vasion or insurrection." 

"Art. 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." 

"Art. 13. The Legislature shall never authorize any lottery, but 
shall prohibit, the sale of lottery tickets within the State." 

Art. 24. Strike out the word "one" where it first appears and 
insert the word "ten" in lieu thereof; also strike out the word " one" 
where it occurs the second time and insert the word "two" in lieu 
thereof. 

Art. 28. Strike out the words, "persons excused from paying 
taxes at their own request" and insert in lieu thereof the words, 
"foreigners not naturalized." 



MANUAL OP THE CONSTITUTION. 209 

Art. 32. Strike out this article and insert in lieu thereof the 
following : 

"Art. 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 selectmen, and 
governed by a moderator, who shall, in the presence of the selectmen, 
whose duty it shall be to attend, in open meeting, receive the votes 
of all the inhabitants of such towns, wards and places, present, and 
qualified to vote for Senators ; and shall in said meetings, in the 
presence of the said selectmen and of the town clerk, 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 State, with a super- 
scription 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 Legislature may authorize, by a general 
law, all such towns, having 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." 

Art. 33. Strike out the words, "a majority of the Council for the 
time being" and insert in lieu thereof, " the Secretary of State." 

Art. 57. Strike out the words, " once in every three months," and 
insert in lieu thereof the word, "annually." 

Art. 71. Strike out the following words : 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." 

Art. 90. Strike out this article and insert in lieu thereof the follow- 
ng: 

"Art. 99. All the laws, which have heretofore been adopted, 
used and approved in the Province, Colony or State of New Hamp- 
shire and usually practised on in the courts of law, and not repugnant 



210 MANUAL OF THE CONSTITUTION. 

to the provisions of this Constitution or the Constitution of the United 
States, shall remain and be in full force until altered or repealed by 
the Legislature." 

After Art. 95 insert the following: 

"Art. 105. No member of the Senate, or House of Representa- 
tives, 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 excepted." 

Art. 97. Strike out this article and insert in lieu thereof the fol- 
lowing : 

" Art. 107. In all cases where sums of money are mentioned in 
this Constitution, the value thereof shall be computed in gold and sil- 
ver, according to the provisions of the laws of the United States for 
the time being." Rejected. 

Other amendments to strike out, insert, rearrange and 
renumber the articles of the constitution to give consist- 
ent effect to the foregoing amendments, and to give it 
formal and verbal accuracy, were authorized by the con- 
vention. All such alterations and amendments were 
included under the fifteenth question, and in that form 
rejected by the people. 

The convention of 1850-51 submitted to the people its 
proposed amendments in the form of the following 
fifteen questions : 

ist. Do you approve of the bill of rights as amended by the con- 
stitution? 

2d. Do you approve of a House of Representatives to be consti- 
tuted and chosen as provided in the amended constitution? 

3d. 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 convention 
on the subject of governor and lieutenant governor? 



MANUAL OP THE CONSTITUTION. 211 

5th. Do you approve of the biennial election of governor, lieuten- 
ant governor and legislature and biennial sessions of the legislature 
as adopted by the convention? 

6th. Do you approve of the amendments proposed by the conven- 
tion in relation to the election and appointment of county judges, 
judges 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 constitution? 

9th. Do you approve of the mode of making future amendments 
of the constitution as proposed in the amended constitution? 

loth. Do you approve of the amendment providing that the 
judges of the supreme court and the attorney-general be elected by 
the people and the tenure of their office? 

nth. Do you approve of the amendment requiring the election of 
a superintendent of public instruction as provided in the amended 
constitution? 

1 2th. Do you approve of the amendment requiring the election of 
a commissioner of agriculture as provided for in the amended consti- 
tution. 

I3th. Do you approve of the amendment provided in the amended 
constitution for deciding all elections by plurality vote? 

1 4th. Do you approve of the amendment abolishing the council? 

1 5th. Do you approve of the other alterations and amendments as 
made in the amended constitution? 



212 



MANUAL OF THE CONSTITUTION. 



VOTE ON FIFTEEN AMENDMENTS TO THE CONSTITUTION SUB- 



COUNTIES. 


First. 


Second. 


Third. 


Fourth. 


Fifth. 


Sixth. 


Seventh. 


! 







5 

<1 


CO 

8 
fc 


I 


& 


rf 

9 

3 


QQ 

1 


t 

3 


CO 

8 


GO 

5 

<i 


1 
fc 


i 

< 





Rockingham 
Straff ord 


2,122 
370 
471 
363 
1,164 
3,948 
2,210 
912 
1,974 
1,204 


4,155 
3,044 

2,584 
2,223 
3,848 
2,504 
868 
1,844 
3,474 
475 


608 
98 
251 
296 
702 
1,319 
874 
461 
1,095 
485 


5,816 
3,302 
2,809 
2,310 
4,401 
5,106 
2,339 
2,310 
4,434 
825 


1,375 
162 
353 
271 
824 
1,839 
815 
478 
1,347 
921 


5,076 
3,256 
2,723 
2,404 
4,295 
4,545 
2,322 
2,175 
4,153 
714 


1,896 
375 
348 
265 
826 
3,001 
1,602 
641 
1,475 
870 


4,540 
3,045 
2,678 
2,320 
4,285 
3,006 
1,366 
2,043 
3,891 
736 


658 
162 
337 
223 
397 
1,536 
1,050 
355 
1,152 
493 


5,758 
3,181 
2,836 
2,350 
4,757 
4,856 
2,009 
2,421 
4,366 
1,064 


1,897 
512 
460 
263 
961 
3,345 
2,092 
768 
1,784 
1,017 


4,875 
2,923 
2,618 
2,327 
4,154 
2,936 

960 

1,915 
3,722 
637 


1,757 
496 
483 
267 
1,272 
3,624 
2,028 
850 
2,153 
1,191 


4,534 
2,940 
2,554 
2,315 
3,891 
2,456 
1,022 
1,883 
3,560 
453 


Belknap 


Carroll 


Merrimack 


Hillsborough 
Cheshire... . 


Sullivan .. 


Grafton 


Coos.... 





MANUAL OP THE CONSTITUTION. 



213 



MITTED TO PEOPLE ON SECOND TUESDAY OF MARCH, 1851. 



Eighth. 


Ninth. 


Tenth. 


Eleventh. 


Twelfth. 


Thirteenth. 


Fourte'nth. 


Fifteenth. 


8 








| 
3 


& 


8 

>> 

<5 


& 


I 


& 


OQ 

CD 
>> 
<< 


fc 


I 


& 


! 


m 

1 


i 

>* 

< 





2,076 


4,209 


1,599 


4,811 


1,235 


5,268 


1,073 


5,447 


770 


5,661 


1,655 


4,565 


1,940 


4,289 


1,606 


4,865 


725 


2,697 


813 


2,618 


367 


3,072 


287 


3,142 


302 


3,119 


459 


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 


312 


2,614 


288 


2,711 


298 


2,302 


286 


2,314 


226 


2,368 


244 


2,348 


249 


2,337 


223 


2,381 


298 


2,308 


231 


2,242 


1,107 


4,022 


972 


4,154 


818 


4,307 


602 


4,462 


520 


4,622 


493 


4,555 


1,050 


4,102 


741 


4,328 


3,462 


2,590 


3,536 


2,612 


2,299 


3,807 


2,879 


3,248 


2,868 


3,370 


2,693 


3,377 


3,280 


2,888 


2,416 


3,238 


2,068 


930 


1,946 


947 


1,904 


1,256 


1,102 


1,855 


958 


1,886 


1,156 


1,979 


1,803 


893 


1,397 


1,074 


998 


1,868 


840 


1,840 


625 


2,084 


343 


2,296 


392 


2,294 


420 


2,240 


731 


1,919 


519 


2,066 


1,746 


3,732 


1,835 


3,650 


1,566 


3,940 


1,040 


4,419 


982 


4,490 


941 


4,566 


1,744 


3,736 


1,996 


4,049 


916 


706 


985 


618 


931 


655 


559 


1,034 


405 


1,212 


376 


1,297 


891 


728 


762 


802 



214 MANUAL OF THE CONSTITUTION. 

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 1 to the Legislature at the June 
session, 1851 : 

The popular reception of the amendments proposed by the con- 
vention to revise the Constitution, is a remarkable incident in our 
history. Considering the character of that very respectable body, 
composed, as it is known to have been, of the most able and distin- 
guished representatives of the various classes, occupations and inter- 
ests 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 
submitted for their approval. 

It is apparent from this decisive expression of the popular will that 
the present Constitution is, in the main, entirely satisfactory 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 proposed by the convention. This 
result also inculcates the instructive lesson, which may be useful for 
our guidance hereafter, that no material or important amendments to 
the Constitution 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 bestowed on this 
unsuccessful attempt to improve the Constitution has been entirely lost. 
An occasional examination and discussion of the principles and forms 

1 Journal of House of Representatives, June Session, 1851, pp. 31-32. 



MANUAL OF THE CONSTITUTION. 215 

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 
opportunity to reaffirm their strong and unabated attachment to it. 

The convention, after briefest discussion, resolved to 
submit what have commonly been described as three 
new amendments, 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 test, to abolish the property qualifica- 
tion, and to provide a new mode for amending the 
constitution. Provision was made for submitting these 
to the people at the annual town meetings to be held 
March 9, 1852, at which time the amendment abolishing 
the property qualification was adopted. 

The three amendments with the popular vote thereon 
are given on page 216. 

The manuscript journal of the convention of 1850-51, 
with a very inadequate index, is in the office of the sec- 
retary of state, but has never been published. 1 The 
Patriot (newspaper) 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. 

1 The Journal of the preceding convention, 1791-2, was published in Province 
and State Papers, Vol. X, pp. 33-196, in 1877. 



216 MANUAL OP THE CONSTITUTION. 

AMENDMENTS TO THE CONSTITUTION, 

PROPOSED 1851. SECOND SERIES. 

I. 

BILL OF RIGHTS. 
Art. 6. Strike out the word " protestant." 

PART II. 

Art. 14. Strike out the words "shall be of the Protestant 
religion." 

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." 

II. 

PART II. 

Art. 14. Strike out the words "shall have an estate within the 
district which he may be chosen to represent of the value of one hun- 
dred pounds, one-half of which to be a freehold whereof he is seized 
in his own right." 

Art. 20. Strike out the words "and seized of a freehold estate in 
his own right of the value of a 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 : 



MANUAL OF THE CONSTITUTION. 217 

" Art. 99. 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 amendments shall then be 
entered on 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 Legislature next afterwards to 
be chosen such proposed amendment 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 submit 
such proposed amendment or amendments to the people, and if two- 
thirds 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 be- 
come a part of the Constitution : Provided that no amendment or 
amendments shall be submitted to the people oftener than once in ten 
years, the Legislature to fix the first year for such purpose and the 
number afterwards to be computed from that : 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 amendment 
proposed to any and every provision of the Constitution separately." 



15 



218 



MANUAL OF THE CONSTITUTION. 



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 


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 
536 
428 
2,020 
780 
219 
492 
924 
97 


Straiford 


Belknap 


Carroll 


Merrimack 


Hillsborough 


Cheshire 


Sullivan 


Graf ton 


Coos 


Total 


9,566 


12,082 


15,297 


5,799 


12,500 


6,906 





Period from 1852 to iSjj. During the next quarter 
of a century the people voted at five different times upon 
the question of calling a convention ; and three times a 
majority of the voters were in favor of it. Although the 
vote taken under act of July 4, 1860, showed a majority 
in favor of calling a convention, the senate and house 
of representatives at the June session, 1861, failed to 
agree upon a bill for that purpose. Again the vote 
under act of Aug. 19, 1864, showed a majority of the 
voters in favor of calling a convention ; but the Legisla- 
ture at the June session, 1865, by joint resolution de- 
cided to take no action in the matter. 



MANUAL OF THE CONSTITUTION. 



219 



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 affirma- 
tive, and the negative votes on the question as returned 
by the town clerks : 



Date of Act. 


Total. 


Yea. 


Nay. 


1857, June 27 


21,271 
20,831 
13,472 
33,770 


2,822 
11,078 
1,044 
18,422 
No vote c 
No vote c 
28,971 


18,449 
9,753 
12,428 
15,348 
>n record. 
>n record. 
10,912 


1860 July 4 


1862, July 9. 


1864, August 19. . . ... 


1868, July 2 


1869, July 8 




1875, July 2 


39,883 





Sixth Constitutional Convention, i8j6. The dele- 
gates elected to this convention assembled in the hall of 
the house of representatives in the Capitol at Concord 
on Wednesday, December 6, 1876, at eleven o'clock in 
the forenoon. 

At the afternoon session the convention elected Daniel 
Clark, of Manchester, to be its president, and Thomas J. 
Smith, of Dover, to be secretary, and Alpheus W. Baker, 
of Lebanon, to be assistant secretary. 

On December 7th, Mr. Sargent, of Concord, for the 
Committee on Rules, reported the following rules which 
were adopted by the convention : 



220 MANUAL OF THE CONSTITUTION. 

1. The President shall take the chair at precisely the hour to which 
the Convention shall have adjourned, shall immediately call the mem- 
bers 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 member 
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 received 
but, ist, to adjourn; 2d, to lie on the table; 3d, to postpone 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 precede 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 reconsidera- 
tion be made by a member who voted with the majority. 

9. Every question shall be decided by yeas and nays, whenever 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, 



MANUAL OF THE CONSTITUTION. 221 

and appoint a chairman to preside in committee ; and the rules of pro- 
ceeding 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. 

1 1 . After the journal has been read and corrected, the order of 
business shall be as follows, viz., ist, the presentation of resolutions 
and petitions ; 2d, the reports of committees ; 3d, the unfinished busi- 
ness of the preceding day. 

Mr. Sargent of Concord, for the Committee on Rules 
and Methods of Procedure, also reported the following 
resolution, which was adopted: 

Resolved, That this convention will proceed to revise the present 
Constitution of the state by considering it as in committee of the 
whole, till gone through with under consecutive and separate heads, 
and by sending to special and appropriate committees, 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 commit- 
tees on the following subjects, viz. : 

1 . The Bill of Rights, the Executive Department, and the Reli- 
gious Test. 

2. The Legislative Department. 

3. The Judicial Department. 

4. Future mode of amending the Constitution, and other miscella- 
neous matters. 

These committees shall consider the amendments submitted to 
them by the convention, and put the same in proper form, and rec- 
ommend such modifications and amendments of the same as they may 
deem necessary. (J. 1876, pp. 26, 27.) 

The president on December 8 appointed the stand- 
ing committees of the convention, naming their chair- 
men as follows : 



222 MANUAL OP THE CONSTITUTION. 

Committee on Bill of Rights, Executive Department, 
and Religious Test. 

Chairman, Samuel M. Wheeler, of Dover. 

Committee on Legislative Department. 

Chairman, Harry Bingham, of Littleton. 

Committee on Judiciary Department. 

Chairman, Jonathan E. Sargent, of Concord. 

Committee on Future Amendments of the Constitu- 
tion, and other miscellaneous matters. 

Chairman, John S. H. Frink, of Greenland. 

Some of the other prominent members of the conven- 
tion were, John J. Bell and Gilman Marston, of Exeter; 
Ichabod Goodwin, William H. Y. Hackett, of Ports- 
mouth ; Franklin McDufFee, of Rochester ; Thomas J. 
Whipple, of Laconia ; John W. Sanborn, of Wakefield ; 
John M.Shirley, of Andover ; James O. Lyford, of Can- 
terbury ; Ai B. Thompson, Jacob H. Gallinger, John 
Kimball, William E. Chandler, Joseph Wentworth, 
Benjamin A. Kimball, and Isaac W. Hammond, of 
Concord ; Isaac N. Blodgett and Edward B. S. Sanborn, 
of Franklin ; George C. Gilmore, Frederick Smyth, 
James F. Briggs and Charles H. Bartlett, of Manches- 
ter ; George A. Ramsdell 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 Haver- 
hill, and Jacob Benton, of Lancaster. 



MANUAL OF THE CONSTITUTION. 223 

This convention was in session for eleven days and 
prepared and submitted to the people thirteen amend- 
ments to the constitution, and provided that the General 
Court should fix the time when such of them as 
might be adopted should take effect. Of these amend- 
ments, eleven of which were ratified by the people, the 
most important was that changing the basis of represen- 
tation from ratable polls to population. Other impor- 
tant changes were the provision for biennial sessions, 
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. (Governer 
Cheney on the i6th of the following April by public 
proclamation announced the result of the vote.) 

(Annual Message of Governor Prescott, June, 1877.) 

The text of the thirteen questions and proposed 
amendments to the constitution with the vote thereon is 
given on pages 224-229. 

After having provided by resolution for its reassem- 
bling 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. 



224 MANUAL OF THE CONSTITUTION. 

AMENDMENTS TO THE CONSTITUTION. 
PROPOSED IN 1876. 

Bill of Rights, Art 6. Strikeout the word protestant." Rejected. 

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, directly or in- 
directly, 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." 

Part II. Arts. 9, 10, and n. Strike out these sections, and insert: 
" Art. 9. There shall be in the Legislature of the State a represen- 
tation of the people, biennially elected, and founded upon the prin- 
ciples 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 Delect one representative ; if 
eighteen hundred such inhabitants, may elect two representatives ; and 
so proceeding in that proportion, making twelve hundred such inhabit- 
ants 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 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. 

"Art. 10. Such towns, "places, and wards as have less than six 
hundred inhabitants shall be classed by the general court for the pur- 
pose of choosing a representative, so that every such class shall 



MANUAL OF THE CONSTITUTION. 225 

contain at least six hundred 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 next highest number, and so on, bien- 
nially, in rotation through the several towns, places, and wards forming 
the district. 

" Art. ii. 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 gen- 
eral 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 and 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 II. Art. 14. Strike out the words " shall be of the Protestant 
religion." 

Part II. Arts. 25, 26. Strike out the word " twelve " and insert 
the word " twenty-four." 

Part II. Art. 29. Strike out the words "who is not of the Protes- 
tant 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 sheriffs," 
"registers of probate." 

Part II. Art. 73. Strike out the word "president" and insert 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 hundred dollars." Strike out the words " so that a 
trial by jury, in the last resort, may be had." 



226 MANUAL OF THE CONSTITUTION. 

The convention of 1876 submitted to the people the 
foregoing proposed amendments in the form of the fol- 
lowing 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 gen- 
eral 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, without the intervention of a 
jury, as proposed by the amended Constitution? 

3. Do you approve of the biennial election of governor, councillors, 
members of the senate and house of representatives, and biennial ses- 
sions of the legislature, as proposed in the amended Constitution? 

4. Do you approve of a house of representatives based upon popu- 
lation, 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 amended Constitution? 

6. Do you approve of the election, by the people, of registers of 
probate, solicitors, and sheriffs, as provided in the amended Constitu- 
tion? 

7 . Do you approve of abolishing the religious test as a qualification 
for office, as proposed in the amended Constitution? 

8. Do you approve of prohibiting the general court from authoriz- 
ing towns or' cities to loan or give their money or credit to corpora- 
tions, as proposed in the amended Constitution? 

9. Do you approve of changing the time for holding the state 
election from iMarch to November, as proposed in the amended Con- 
stitution ? 

10. Do you approve of authorizing the general court to provide that 
appeals from a justice of the peace may be tried by some other court 
without the intervention of a jury, as proposed in the amended Con- 
stitution ? 



MANUAL OP THE CONSTITUTION. 227 

1 1 . Do you approve of authorizing the general court to increase 
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 applied to the support of the schools or 
institutions of any religious sect or denomination, as proposed in the 
amended Constitution? (J. 1876, pp. 274-275.) 



228 



MANUAL OF THE CONSTITUTION. 



VOTE ON THIRTEEN AMENDMENTS OF 1876, TO THE CONSTITUTION 





First. 


Second. 


Third. 


Fourth. 


Fifth 


Sixth. 




Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Rockingham. 


4,088 


2,524 


5,738 


947 


5,022 


1,519 


4,707 


1,768 


4,992 


1,609 


4,043 


. 2,577 


Strafford 


2,698 


1,354 


3,297 


669 


3,029 


894 


2,946 


998 


3,148 


696 


2,676 


1,215 


Belknap 


1,436 


992 


1,903 


454 


2,044 


343 


1,640 


745 


1,875 


480 


1,560 


821 


Carroll 


1,216 


824 


1,337 


649 


1,481 


523 


1,472 


494 


1,508 


490 


1,276 


744 


Merrimack . . 


4,224 


2,495 


5,978 


814 


4,692 


1,928 


5,167 


1,499 


5,569 


1,110 


4,907 


1,697 


Hillsborough 


5,919 


2,405 


6,478 


1,642 


6,209 


1,971 


6,092 


2,082 


7,103 


1,062 


5,745 


2,265 


Cheshire 


2,395 


1,194 


3,240 


365 


2,594 


883 


2,777 


750 


2,692 


804 


2,676 


823 


Sullivan 


1,276 


1,120 


1,767 


577 


1,672 


' 619 


1,712 


613 


1,651 


701 


1,665 


636 


Graf ton 


2,804 


2,357 


3 822 


1 304 


3,786 


1,302 


3 617 


1,466 


3 629 


1 408 


3 215 




Coos 


1,608 


642 


1,922 


331 


1 942 


313 


1 794 


463 


1 918 


330 


1 *560 


7ftQ 


Total 


























27,664 


15,907 


35,482 


7,752 


32,471 


10,295 


31,924 


10,878 


34,085 


8,690 


29,323 


12,958 



MANUAL OF THE CONSTITUTION. 



229 



OF NEW HAMPSHIRE, ON THE SECOND TUESDAY OF MARCH, 1877. 



Seventh. 


Eighth. 


Ninth. 


Tenth. 


Eleventh. 


Twelfth. 


Thirteenth. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


Ayes. 


Noes. 


4,351 


2,301 


5,386 


1,273 


5,434 


1,268 


5,482 


1,103 


4,774 


1,813 


3,584 


2,910 


5,629 


924 


2,630 


1,247 


3,095 


787 


3,255 


755 


3,176 


736 


3,164 


753 


2,506 


1,437 


3,336 


553 


1,481 


891 


1,862 


452 


2,206 


225 


1,764 


514 


1,627 


647 


1,615 


672 


1,888 


424 


1,248 


747 


1,493 


505 


1,583 


438 


1,302 


676 


1,336 


644 


1,180 


811 


1,504 


448 


4,551 


2,120 


5,419 


1,219 


5,999 


804 


5,414 


1,150 


5,234 


1,172 


4,606 


2,054 


5,732 


936 


4,814 


2,150 


6,178 


1,951 


7,362 


958 


6,140 


1,819 


6,604 


1,286 


5,300 


2,790 


6,987 


1,037 


2,409 


1,131 


2,792 


715 


2,747 


833 


2,992 


480 


2,875 


559 


2,547 


948 


3,021 


479 


1,427 


963 


1,769 


569 


1,818 


557 


1,678 


621 


1,642 


674 


1,650 


678 


1,898 


419 


2,905 


2,110 


3,784 


1,263 


3,941 


1,187 


3,558 


1,440 


3,439 


1,512 


3,299 


1,727 


3,934 


1,049 


1,661 


571 


1,911 


347 


1,892 


365 


1,886 


366 


1,897 


353 


1,751 


496 


1,909 


337 


28,477 


14,231 


33,689 


9,081 


36,237 


7,390 


33,392 


8,905 


32,592 


9,413 


28,038 


14,523 


35,838 


6,606 



230 MANUAL OF THE CONSTITUTION. 

Constitution unchanged i8jj-i8%9. The following 
table shows the dates of the approval of the several acts 
of the Legislature between 1876 and 1889, providing 
for taking the sense of the qualified voters on the expe- 
diency 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. 


Nay. 


1883, July 27 


27,156 


13,036 


14,120 


1885 August 13 


21,679 


11,466 


10,213 











Seventh Constitutional Convention, 1889. The del- 
egates to this convention assembled in the hall of the 
house of representatives in Concord, on Wednesday, 
January 2, 1889, at n o'clock A. M. 

At the afternoon session Charles H. Bell, of Exeter, 
was elected president ; and on the following day James 
R. Jackson, of Littleton, was elected secretary, and Wil- 
liam Tutherly, of Claremont, 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 
Committee on Rules and Method of Procedure, sub- 
mitted the following report which was adopted by the 
convention : 

i. 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 



MANUAL OF THE CONSTITUTION. 231 

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 per- 
form 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 member 
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, ist, to adjourn; 2d, to lay on the table; 3d, to postpone 
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. (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 insert 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 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 and nays, whenever 
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, shall be observed in Committee of the 
Whole, except the rule limiting the times of speaking, and rule 9. 



232 MANUAL OF THE CONSTITUTION. 

1 1 . After the journal has been read and corrected, the order of 
business shall be as follows : First, the presentation of resolutions and 
petitions ; second, the reports of committees ; third, the unfinished 
business of the preceding day. 

MODES OF PROCEDURE. 

Resolved, That the methods of procedure in revising the Constitu- 
tion 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 convention, when, 
unless rejected or otherwise disposed of, the same shall be referred to 
an appropriate committee, who shall examine and report the amend- 
ments referred to the convention, with such recommendations as they 
may deem advisable. No proposition for an amendment shall be 
received after Wednesday of the second week, unless by unanimous 
consent of the convention or upon the recommendation of the 
committee. 

2. There shall be appointed by the president five separate com- 
mittees, consisting of two members from each county, which shall be 
committees on the following subjects : 

(i.) 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 
committees, naming their chairmen as follows : 

On Bill of Rights and Executive Department, 

Isaac W. Smith, of Manchester. 
On Legislative Department, 

James F. Briggs, of Manchester. 



MANUAL OP THE CONSTITUTION. 233 

On Judicial Department, 

Ellery A. Hibbard, of Laconia. 

On Future Mode of Amending the Constitution, and 
other Proposed Amendments, 

William S. Ladd, of Lancaster. 

On Time and Mode of Submitting to the People the 
Amendments agreed to by the Convention, 
Charles A. Dole, 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. Bart- 
lett, George C. Gilmore, and Henry E. Burnham, of 
Manchester ; Robert M. Wallace, of Milford ; George 
B. French, of Nashua ; Ira Colby, of Claremont ; Dexter 
Richards, of Newport ; and Edward R. Ruggles, of 
Hanover. 

The most important changes in the constitution pro- 
posed by this convention were, the abolition of the 
system of classifying towns for the election of a repre- 
sentative, the change in the time of the meeting of the 
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 manufacture, 
or sale, or keeping for sale, of all alcoholic or intoxi- 
cating liquors as a beverage. 

The convention prepared seven amendments which 
were submitted, in the form of questions, to the qualified 

16 



234 MANUAL OF THE CONSTITUTION. 

voters on the second Tuesday of March, 1889. Five of 
these were ratified and became a part of the constitu- 
tion of the State. The text of the amendments and 
questions voted upon together with the result of the 
vote is given on pages 234-238. 

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 either 
of them necessary, on January i2th adjourned sine die. 

By order of this convention the journal of its proceed- 
ings was published. 

AMENDMENTS TO THE CONSTITUTION. 

PROPOSED IN 1889. 

BILL OF RIGHTS. 

Art. 6. Strike out this article and insert the following: 
Art. 6. As morality and piety 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 these 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 religious 
societies within this State to make adequate provision, at their own 
expense, for the support and maintenance of public teachers of piety, 
religion and morality. 



MANUAL OP THE CONSTITUTION. 235 

" The several 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 toward the support of the teacher or teachers of another persua- 
sion, sect, or denomination. 

"And every religious sect or denomination 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 de- 
nomination to another shall ever be established by law." Rejected. 

PART 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 "January" in 
place thereof. 

Arts. 10, n. Strike out these Articles and insert the following : 
"Art. 10. 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 
representative 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 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 Legisla- 
ture shall severally receive out of the state 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 ; provided, however, that when a special session 
shall be called by the governor, such officers and members shall receive 
for attendance 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 fol- 
lowing : 



236 MANUAL OF THE CONSTITUTION. 

"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." 

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, absence 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 vested with when personally present. 
But when the speaker of the House shall exercise the office of gov- 
ernor, 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 alco- 
holic or intoxicating liquor, except cider, or of any compound of 
which such liquor is a part, to be used as a beverage, is a misde- 
meanor, and is hereby prohibited." Rejected. 

The convention of 1889 submitted to the people 
its proposed 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 departments shall com- 
mence, and the other amendments in conformity therewith, as pro- 
posed 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 Con- 
stitution ? 

3. Do you approve of filling vacancies in the Senate by a new 
election, as proposed 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 Constitution? 



MANUAL OP THE CONSTITUTION. 237 

5. Do you approve of inserting in the Constitution an article pro- 
hibiting the manufacture, or sale, or keeping for sale of alcoholic or 
intoxicating liquor as a beverage, as proposed in the amended Con- 
stitution ? 

6. Do you approve of amending article 6 of the Bill of Rights 
making the same non-sectarian, as proposed in the amended Constitu- 
tion? 

7. Do you approve of amending the Constitution with reference 
to representation in classed towns, as proposed in the amended Con- 
stitution ? 

(J. 1889, pp. 254-5.) 



238 



MANUAL OF THE CONSTITUTION. 



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MANUAL OF THE CONSTITUTION. 



239 



Constitution unchanged since 1889. 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 expedi- 
ency 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. 


Nay. 


L893, April 1. 


30,370 


13,681 


16,689 


1895, March 27 


33930 


14,099 


19,831 


L899, March 1 


13.858 


10,571 


3,287 











Pursuant to the last mentioned vote the General Court 
by an act approved March 21, 1901, which is printed 
in full on a following page, provided for the election on 
November 4, 1902, of delegates to a constitutional con- 
vention, to assemble at Concord on the second day of 
December following. 



The Basis of Representation in New Hampshire Previous to 
the Adoption of the Constitution of 1T83. 



The people of New Hampshire first appear as par- 
ticipants in a representative legislative body in 1641, 
when, in response to an order from the General Court 
of the Colony of Massachusetts, the town of Hampton 
sent one deputy to the General Court at Boston. Straw- 
berry Bank, or Portsmouth, was admitted to a similar 
privilege in 1642, and Dover in 1643. From this time 
until 1679, when the jurisdiction of Massachusetts 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 
separate political existence by the commission of its 
first independent chief magistrate, John Cutt, a mer- 
chant 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, including those 
in the volume of Province Papers now (1902) in press, 
does not reveal any essential modification of these direc- 
tions for convening a General Assembly. 



MANUAL OF THE CONSTITUTION. 241 

In pursuance of the foregoing instructions, the first 
Assembly was convened at Portsmouth, March 16, 
1680. It consisted of eleven members, three each from 
Portsmouth, Dover and Hampton, and two from Exeter. 
The aforesaid towns at this time had respectively 71? 
61, 57, and 20 inhabitants qualified 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 approved by the governor and council : 

"It is enacted by this assembly and the authority 
thereof, yt ye severall constables in each town of ye 
province doe warne and call together the free men of 
theire respective townes, on ye first Monday in february, 
annually, and from among themselves to make their 
election of Deputies for ye Genii Assembly, who are to 
meet at Portsmo on ye first Tuesday of March, by 10 
of ye Clock in ye forenoon, and ye number of Depu- 
ties for each towne to be as followeth, vizt : 3 for ye 
towne of Ports , 3 for ye towne of Hampton, 3 for ye 
towne of Dover, and 2 for ye towne of Exeter, whose 
names, after their election and acceptance, ye severall 
Consa" shall make return of to ye Assembly, as above 
under their hands . . ." 

This Assembly at the same time defined "freemen" 
by the following act : 

" It is ordered by this Assembly and the authority 
thereof, yt all Englishmen, being Protestants, yt are 
settled Inhabitants and freeholders in any towne of this 
Province, of ye age of 24 years, not viceous in life but 
of honest and good conversation, and such as have 20 1 
Rateable estate w th out heads of persons having also 
taken the oath of allegiance to his Maj% and no others 



242 MANUAL OP THE CONSTITUTION. 

shall be admitted to ye liberty of being freemen of this 
Province, and to give theire votes for the choice of 
Deputies for the Generall Assembly, Constables, Select- 
men, Jurors and other officers and concernes in ye 
townes where they dwell ; provided this order give no 
liberty to any pson or psons to vote in the dispossion or 
distribution of any lands, timber or other properties in 
ye Towne, but such as have reall right thereto ; and if 
any difference arise about s d right of voting, it shall be 
judged and determined by ye Presidt and Councill 
w th the Gen 11 Assembly of this Province." 

On the fourteenth of November, 1682, these quali- 
fications were so modified 

"That all persons, setled inhabitants & freeholders 
in any Town of this Province of Twenty one years, and 
no other, Shall have liberty of giving their votes for 
the choice of Assemblymen, Jurors, Trustees or Over- 
seers for the respective Towns, Constables, or other 
necessary Town officers, or in any Town concerns. 
Nor shall any be chosen Assemblymen, Jurors, or Trus- 
tees &c. for the Towns, but such. And further, No 
person shall be deemed a freeholder, but such as hath a 
ratable estate of 15! according to valuation of stated by 
law." 

The foregoing enactment remained in force nearly 
seventeen years, when, on the seventh of August, 1699, 
the qualifications 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, 



MANUAL OP THE CONSTITUTION. 243 

shall have any vote in the Election of Representatives, 
or be capable of being elected, to Serve in the General 
Assembly ; and the Tryal of such Qualifications as 
aforesaid shall be by the last Lists of Rates and assess- 
ments, 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 
representation to the four original towns, until 1698, no 
list has been found which gives the representatives to- 
gether 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 for New- 
castle 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 : 

1698. Hampton . . . . .3 Representatives. 

Dover . . . . . .3 " 

Portsmouth . . . . .3 " 

Exeter . . . . . .2 

Newcastle . . . \. . .2 * 

1715. Kingston ...... i Representative. 

Newington . . . . . I " 

1716. Stratham ...... I " 

1727. Londonderry I 



244 



MANUAL OF THE CONSTITUTION. 



1732. Greenland .... 

Durham .... 
1739. Newmarket .... 
1752. South Hampton . 

Plaistow and Hampton . 

Salem and Pelham 

Dunstable and Merrimack 
1756. Chester .... 
1762. Somersworth 

Nottingham West and Litchfield 

Amherst and Bedford . 

Kensington .... 

Harrington .... 

Rochester .... 
1768. Keene .... 

Winchester 

Charlestown 



Representative. 



Several minor changes in representation which do 
not lend themselves readily to tabulation should also be 
noted. In 1762 Dunstable and Merrimack, which for- 
merly had been grouped together with one representa- 
tive, were disassociated, and regrouped, Dunstable with 
Hollis, and Merrimack with Monson. Each of these 
new groups was allowed one representative, which 
added one to the total. In 1722 Hampton Falls, which 
was set off from Hampton in 1712, was assigned one 
member, and the latter town, which previously had 
sent three, was reduced to two. A similar readjust- 
ment occurred again in 1727, when Rye, which was 
incorporated in 1726, was allow r ed a representative, and 
Newcastle, from 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 



MANUAL OP THE CONSTITUTION. 245 

Atkinson with Plaistow and Hampstead 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 continued in exist- 
ence until prorogued 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 represented, while the proportion of polls 
to population had greatly increased, the apportionment 
had become extremely irregular. Portsmouth had in- 
creased from 71 polls in 1679 to 9 IQ m 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 provided 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 adjourned by Gov. John 
Wentworth, July 15, 1775, by message from Fort 



246 MANUAL OP THE CONSTITUTION. 

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 govern- 
ment 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 pro- 
vide for a representative 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 2ist of 
July, and in accordance with this call eighty-five dele- 
gates appeared on the appointed day. The journals of 
this body, known as the First Provincial Congress, were 
not preserved, but an account of the proceedings 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, Somersworth and Strat- 
ham, 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 this Congress the number of represent- 
atives was considered inadequate properly to express 



MANUAL OP THE CONSTITUTION. 247 

the mind of the people on the important question of 
raising an army. 

Pausing here to examine again the basis of repre- 
sentation, we discover that for the first three Provincial 
Congresses there was no attempt at equal apportion- 
ment. 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 population of 705 
sent three delegates, and Durham with a population 
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 multi- 
plied. 

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. 

44 That every Elector for Representatives in this Colony 
be Possessed of a Freehold or real Estate to the value of 
Twenty Pounds Lawf 1 money in such Town or place 
where the Election shall be. 

" That every Person so elected shall be worth Three 
hundred Pounds L 1 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. 



248 MANUAL OF THE CONSTITUTION. 

" That every Town, Parish, or Precinct in this Colony 
containing one hundred Freeholders as aforesaid may 
send one Delegate or Representative to the Congress or 
General Assembly ; and that Every such Town, Parish, 
or Precinct having a greater number of Freeholders, 
may send a member for every hundred such Free- 
holders. 

"That Precepts be sent to every Town, Parish, or 
Precinct in this Colony, Directing them to Elect a mem- 
ber & send to the Congress to be holden at Exeter in 
said Colony on the .... day, of .... next, if such 
Town, Parish, or Precinct 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 November 14, it was voted : 

44 That every Legal Inhabitant paying Taxes shall 
be a 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 represented as Follows, viz. 

Portsmouth, Three Chester, Two 

Hampton, one Candia, one 

Northampton, one * Raymond & ) 

Exeter, Two Poplin, \ 

Londonderry, Two Brentwood, one 

New Castle, one * Hampton Falls & > 

_. oil ? One 

Rye, one Seabrook, ^ 



MANUAL OF THE CONSTITUTION. 



249 



* Kingston & > 




Nottingham, 


one 


East Kingston, 


one 


*Deerfield & > 




Sandown & > 




Northwood, s 


one 


*Hawke, $ 


one 


* Canterbury & > 




Greenland, 


one 


Loudon, 


one 


Newington, 


one 


Chichester ^ 




Stratham, 


one 


* Epsom & > 


one 


New Market, 


one 


Allenstown, ) 




Southampton ) 




Pembroke, 


one 


Newtown, $ 


one 


Wyndham, 


one 


Kensington, 


one 


Bow & > 




*Plastow & > 




*Dunbarton, ^ 


one 


Atkinson, 


one 


Concord, 


one 


Hampstead, 


one 


Epping, 


one 


Salem, 


one 







Pelham, 


one 


In Rockingham, 


38 


Dover, 


Two 


Leavittstown, ^ 




Madbury, 


one 


*Wakefield & S 


one 


Durham, 


one 


Middleton, ) 




Lee, 


one 


*New Durham, ^ 




Somersworth, 


one 


the Gore & 


one 


Barrington, 


one 


Wolfeborough, } 




*Gilmanton & ) 
Barnstead, \ 


one 


*Moultonborough, ^ 
Sandwich & > 


one 


*Sanbornton & ^ 




Tarn worth, } 




Meredith, <> 


one 







Rochester, 


one 


In Straiford, 


13 


Amherst, 


Two 


New Ipswich, 


one 


Litchfield & > 




*Boscawen & ) 




*Nottingham W. $ 


one 


Salisbury, 


one 


Duns table, 


one 


Temple & > 




Hollis, 


one 


* Peterborough, ) 


one 


*Merrimack & > 




*Wilton & ^ 




Bedford, $ 


one 


Lyndeborough, ! 




Derryfield & ) 




Mile strip & [ 


one 


*Goffstown, J 


one 


Duxbury Farm, J 




Weare, 


one 


* Mason & ) 




Hopkinton, 


one 


Raby, ^ 


one 


Henneker, ") 




New Britton, ^ 




*Dearing, 
Hillsborough & [ 


one 


*Warner, 
Perrystown & | 


one 


Society Land, J 




Fisherfield, j 





Francestown & 
*New Boston 

17 



one 



In Hillsborough, 



250 



MANUAL OF THE CONSTITUTION. 



>' Slip, ) 



*Rindge, 
Jaffrey & 
Peterboro 1 
'Dublin & 
Monadnock No. 5, 
Packersfield, ^ 
*Stoddard, I 
Washington, j 
Gilsom, j 

Marlow, 
Surry & 
Alstead, 
Hinsdale & 
* Chesterfield, 
Winchester, 
Richmond, 
Swanzey & 
Fitzwilliam, 



New Chester, 

*Plimouth, 

Cockermouth, 

Alexandria, 

Romney, 

Holderness, 

*Campton, & 

Thornton, 

Lebanon, 

* Hanover, 

Relham, 

Canaan, 

Cardigan & 

Grafton, 

Lyme, 

*Orford, 

Dorchester, 

Wentworth, 

Piermont & 

Warren, 



one 



one 



one 



one 

one 
one 

one 



one 



one 



one 



Keen, 

Westmoreland, 
Walpole, 
Charlestown, 

* Cornish, "\ 
Plainfield, 
Protectworth & 
Grantham, 
Claremont, 

* Unity, ^ 
Acworth, 
Lempster, ( 
Savill, f 
Croydon & 
Newport, 

In Cheshire, 



*Haverhill, 

Bath, 

Lyman, 

Gunthwait, f 

LandafF & 

Morristown, J 

Apthorp, 

* Lancaster, 

Northumberland, 

Stratford, 

Cockburn, 

Conway, 

Shelburne, 

and the Towns 

above. 



one 
one 
one 
one 

one 
one 

one 



one 



one 



one 



Rockingham, 

Strafford, 

Hillsborough, 



38 
13 
17 



Cheshire, 
Grafton, 

Total, 



15 
6 

89 



MANUAL OF THE CONSTITUTION. 251 

" That Precepts signed by the President of this Con- 
gress, be sent to the Selectmen of each Town Named in 
this List singly to be represented, to Elect & choose a 
Person to Represent them in Congress to Meet at Exe- 
ter on the Twenty-first day of December next ; also to the 
Town or Parish marked * where Towns or Parishes are 
classed together, To Notify theseveral Towns or Parishes 
in their respective Classes to meet at the most conve- 
nient Place in thierTown or Parish to accommodate the 
whole Electors, To choose some Qualified to Represent 
them as aforesaid : and all Selectmen are directed to 
give the Electors fifteen days Notice of the time and oc- 
casion of meeting. Said Members when met to set in 
Congress as often and so long as they shall judge requi- 
site for Acting the Publick Business of this Colony : 
And to be Impowered 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 them- 
selves sooner. 

''And in case there should be a recommendation from 
the Continental Congress for this Colony to Assume 
Government 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 repre- 
sentation the effect of the enactments of the Fourth Con- 
gress was greatly to reduce the membership of succeed- 
ing 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. 



252 MANUAL OF THE CONSTITUTION. 

This, the 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 Continental Congress, dated November 3, 1775, 
it was voted : *' That this Congress take up Civil Gov- 
ernment " ; also ' ' That this Congress, Assume the Name, 
Power, & Authority of a House of Representatives or 
Assembly for the Colony of New Hampshire"; and that 
precepts should be issued for an annual election as they 
should thereafter prescribe. 

In accordance with this provision, the house of rep- 
resentatives voted on the eighteenth of September, 
1776: 

" That Precepts signed by the President of the Coun- 
cil And Speaker of the House of Representatives, Issue 
to the Same Towns, Parishes and Places in this State 
for the choice of a New House of Representatives (as 
issued for the same number of Representatives for the 
present House) to meet at Exeter on the third Wednes- 
day in December next & to continue for one year. . . " 

The act of November 14, 1775, passed by the Fourth 
Provincial Congress, which had temporarily determined 
the basis of representation, appears to have remained in 
force throughout 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 Hampshire emerged 
from her political vicissitudes a full fledged state. 



The Basis of Representation in the House of Representa- 
tives in New Hampshire since 1783. 



Under the constitution of 1783 every town, parish, or 
place entitled to town privileges, having 150 ratable 
polls, was entitled to send one representative to the Gen- 
eral Court ; and 300 was made the mean increasing 
number of ratable polls to entitle a town, parish, place, 
etc., to an additional representative. 1 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 rat- 
able poll, the change of base from ratable polls to pop- 
ulation did not change the ratio. Thus the only 
changes made in the constitution of 1783 materially af- 
fecting representation have been those relating to the 
smaller towns. 

Convention of 179192. The first house of repre- 
sentatives elected under the constitution of 1783 con- 
tained only ninety-one members ; and up to September 
7, 1791, when the first convention for revising that con- 
stitution assembled, the largest number had been nine- 
ty-four. 

In that convention, however, because of the growth 
of the population of the State, the fear was commonly 
expressed that the house of representatives would soon 

1 The Constitution of Massachusetts of 1780 established the same basis, 150 
ratable polls for the first representative, but made 225 the mean increasing 
number for an additional representative. 



254 MANUAL OP THE CONSTITUTION. 

become too large ; and two plans for reducing the num- 
ber of representatives 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 proposition was rejected 31 yeas and 70 nays. 

2. Mr. Plumer of Epping proposed to limit the num- 
ber of representatives to sixty, and to divide the state 
into districts for their election. This proposal was re- 
jected yeas, 22 ; nays, 73. 2 

On September 16 a Committee on Alterations and 
Amendments was appointed to take into consideration 
the constitution with the several resolutions and pro- 
posed amendments, and report at the next session, and 
the convention then adjourned to February 8, 1792. 

At the adjourned session this committee reported in 
favor of the following clause to be added to the consti- 
tution of 1783 : 

" Provided, nevertheless, that whenever the number 
of members of the House of Representatives shall ex- 
ceed no, it shall be the duty of the legislature to make 
such arrangement as that the members shall not exceed 
at any time that number, nor shall the towns and dis- 
tricts entitled to send representatives at any time be less 
than 80." 3 

Under date of February 21, 1792, is the following 
record : 

1 Province and State Papers, Vol. X., p 44. 

Province and State Papers, Vol. X., pp. 48, 49. 

3 Province and State Papers, Vol. X., p. 67. 



MANUAL OF THE CONSTITUTION. 255 

44 Proceeded to the consideration of the several arti- 
cles or paragraphs (of the proposed draft of a revised 
constitution) under the head House of Representatives. 

44 On the first paragraph much debate ensued and mo- 
tion was made to strike out the words 4 three hundred,' 
and insert 4 two hundred twenty-five ' as the mean in- 
creasing number to determine which the yeas and 
nays were called and were as follows : 

44 19 yeas 79 nays. So the motion was lost and no 
alteration was made to said article. 

44 The next paragraph, contained in a proviso to pre- 
vent the number of representatives being more than no 
at any one time hereafter, &c., was rejected." 1 

Thus the house of representatives, as constituted 
under the constitution of 1783, remained unchanged. 

Convention of 1850-51. 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 discus- 
sion. 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 representa- 
tives had increased from ninety-one to two hundred 
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 members of the house of representatives 
were presented. Those most favored in the early stages 
of debate were the four following : 

1 Province and State Papers, Vol. X., pp. 107, 108. 



256 MANUAL OF THE CONSTITUTION. 

I. On November 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 Representatives. The House of Repre- 
sentatives 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 popu- 
lation as shown decennially by the National Census. 
The population of the state shall be divided by 250, and 
the number of times the resulting quotient is contained 
in each town or city, will show the number of representa- 
tives to which each city or town shall be entitled. Pro- 
vided, however, that in respect to those towns and those 
towns only which by this process could not be repre- 
sented in the Legislature, a fraction of one-half or more 
shall be entitled to one representative. Provided, more- 
over, that each town however small in population shall 
be allowed one representative whenever a new appor- 
tionment 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 : 

" Resolved, That every town or place in this state 
entitled to town privileges, shall be entitled to elect at 
least one representative ; that every such town or place 
having 700 legal voters, shall be entitled to elect two 
representatives ; every such town or place having 1,500 
legal voters, shall be entitled to elect three representa- 
tives ; every such town or place having 2,500 legal 
voters, shall be entitled to elect four representatives ; 
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." : 

1 The "Daily Patriot," November 14, 1850. 
8 The " Daily Patriot," November 16, 1850. 



MANUAL OF THE CONSTITUTION. 257 

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 representa- 
tion it is expedient that the same be so arranged that 
every town, parish, or ward, or 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 representatives ; and so 
proceeding, making 1,000 ratable polls the number re- 
quired for each additional representative after the sec- 
ond. 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 Epping offered the following resolution : 

" Resolved, That a Committee of thirty-six mem- 
bers 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 representatives chosen from each Senatorial 
District, the representatives so chosen to be elected sep- 
arately 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 
Senatorial Districts oftener than once in ten years, or 
the taking of a Census by the United States, and then 
only by a vote of two-thirds of both houses of the Legis- 
lature." 2 

1 The "Daily Patriot," November 16, 1860. 
a The "Daily Patriot," December 13, 1850. 



258 MANUAL OF THE CONSTITUTION. 

These different proposals, for which various substi- 
tutes and amendments were offered, were discussed in 
the Committee of the Whole for four weeks. 

On December 10, the chairman of the Committee of 
the Whole reported to the convention Mr. Lane's plan 
with amendments, as follows : 

" Resolved, That in fixing the basis of representa- 
tion it is expedient that the same be so arranged that 
every town, parish, ward, or place entitled to town priv- 
ileges, having 150 ratable polls of twenty-one years of 
age and upwards, 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 required for 
each additional representative 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 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 150 ratable polls in each represent- 
ative district so formed." 1 

On December 12, Governor Steele of Peterborough 
introduced the following amendment to the foregoing 
plan, which was adopted by the convention : 

1 From the manuscript Journal of the Constitutional Convention of 1850- 
51, p. 171. 



MANUAL OF THE CONSTITUTION. 259 

" Provided, further, that all towns, cities, or places 
which now are or may hereafter be divided into sec- 
tions or wards for the choice of representatives, shall, 
for the purpose of apportioning the number of represent- 
atives to the number of ratable polls, be considered as 
undivided." 1 

On the same day, Mr. Bartlett of Portsmouth moved 
to amend the amendment by striking out all after the 
words, " Resolved, That in fixing the basis of represen- 
tation," 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 several 
towns in the districts as the Legislature may direct." 

This amendment was rejected yeas, 92 ; nays, i74- 2 

On December 13, Mr. Eastman of Conway intro- 
duced the following amendment to Mr. Lane's plan as 
modified by the convention : 4< By striking out the word 
fifty wherever it occurs in the first proviso, and insert- 
ing the words seventy-five instead thereof." 3 This 
amendment was adopted. 

On the same day the question was put, " Will the 
Convention 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, That on fixing the basis of representation 
it is expedient that the same be so arranged that every 
town, parish, ward, or place entitled to town privileges, 
have 175 ratable polls of twenty-one years of age and 

1 From the manuscript Journal of the Constitutional Convention of 1850- 
51, p. 186. 
8 Ibid., p. 191. 
3 Ibid., p. 211. 



260 MANUAL OF THE CONSTITUTION. 

upwards, who shall have resided in this state six months 
or more immediately preceding their enrollment, 
paupers and foreigners not naturalized 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 
representative after the third ; such towns, parishes, 
wards, or places as have less than 175 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 175 ; Provided, 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 repre- 
sentative, 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 apportioning the number of repre- 
sentatives to the number of ratable polls, be considered 
as undivided.' " 

The yeas and nays were called and the proposed 
amendment to the constitution was adopted yeas, 129; 
nays, 119. r 

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 Representatives 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. 

1 From the manuscript Journal of the Constitutional Convention of 1850- 
51, p. 212. 



MANUAL OP THE CONSTITUTION. 261 

Convention of i8j6. In the convention that assem- 
bled at Concord, December 6, 1876, no part of the con- 
stitution was more continuously under discussion than 
that relating to the house of representatives. 

Among the causes which led the convention to take 
up the subject of basis and ratio of representation, the 
three following were the most important : 

1. There was a wide-spread feeling that the house 
of representatives 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 interpreted the term " ratable polls " upon which 
by the constitution representation had been based so 
as to promote personal, local or partisan interests. 

3. There was a provision in the constitution of 1783 
giving the Legislature the power to issue a writ for the 
election of a representative to the General Court from 
any town containing less than 150 ratable polls and so 
situated 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 representatives had 
been increased from two hundred eighty-eight in 
1851 to three hundred ninety-one in 1876. One potent 
cause for this remarkable increase was found in the 
fact that partisan considerations often had led the legis- 
lature to grant the petitions of small towns for the privi- 
lege of sending representatives. 

The long discussion in the convention over the basis 
of representation began with the proposal that the num- 
ber of members of the house of representatives be 
reduced by choice of one of the four following methods : 



262 MANUAL OF THE CONSTITUTION. 



k . 



i. Shall the number of representatives to the House 
be diminished by increasing the ratio of representation? 

44 2. Shall the number of representatives to the 
House be diminished by districting the state into repre- 
sentative districts? 

44 3. Shall the number of representatives to the 
House be diminished by diminishing by definition the 
number of ratable polls? 

4 -4. Shall the number of representatives to the 
House be diminished by a classification of all towns 
having less than 150 ratable polls? " x 

Numerous specific plans for reducing the number of 
members of the house were submitted of which the fol- 
lowing are the more important : 

Mr. Page of Haverhill introduced the following 
amendment : 

44 Amend article 9 by striking out all after the word 
4 privileges,' in the fifth line, and adding the words, 
4 having 400 inhabitants, may elect one representative ; 
if 2,000 inhabitants, may elect two representatives ; if 
4,000 inhabitants, may elect three representatives; and 
so proceeding in that proportion, making 2,000 inhabit- 
ants 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 preced- 
ing official census taken under the authority of the 
United States ; and no towns shall be so divided or 
cities warded as to increase their ratio of representa- 
tion.' " 2 

On December 12, Mr. Sargent of Concord intro- 
duced the following resolution : 

1 Journal of the Constitutional Convention of 1876, p. 61. 

2 Ibid., pp. 66, 67. 



MANUAL OF THE CONSTITUTION. 263 

" Resolved, That the state be divided into 100 repre- 
sentative 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 dis- 
tricts shall be entitled to send two representatives to the 
General Court. The Legislature may from time to time 
change these districts so as to make them conform as 
nearly as may be to the foregoing conditions, but in no 
case shall any change be made in said districts oftener 
than once in ten years." ' 

Mr. Badger of Concord introduced the following : 

" Amend by striking out articles 9, 10, n, and insert- 
ing therefor the following words, * The House of Repre- 
sentatives 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 represented by this 
process, shall be entitled to representation such portion 
of the time as their respective populations bear to the 
first resulting quotient. Provided, however, that every 
city, town, and place, however small its population, 
shall be entitled to representation each year when a new 
apportionment of the state tax is made.'" 2 

1 Journal of the Constitutional Convention of 1876, p. 133. 
'Ibid., p. 188. 



264 MANUAL OF THE CONSTITUTION. 

Other detailed plans were introduced by Mr. Gallin- 
ger of Concord and by Mr. Farr of Littleton, both of 
which were withdrawn in favor of one introduced by 
Mr. Lyford of Canterbury, which proposed to make 
six hundred inhabitants the basis for the first representa- 
tive and twelve hundred additional inhabitants the mean 
increasing number for an additional representative. 1 

Mr. Gallinger estimated that on this basis the house 
would contain not more than three hundred members, 
probably less. 2 

Upon the main question being put, " Is it desirable to 
reduce the number of members of the house?" a divi- 
sion 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 polls" was frequently under discussion, and 
numerous facts were brought out showing the effects of 
the different interpretations 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 tne superior court 
were requested by the house of representatives to give 
their opinion on the following questions : 

" i. Are aliens ratable polls, within the intent and 
meaning 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?" 

1 Journal of the Constitutional Convention of 1876, p. 223. 
8 Ibid., p. 223. 



MANUAL OF THE CONSTITUTION. 265 

At the June session, 1835, the superior court commu- 
nicated to the house of representatives their opinion on 
the above questions, in effect as follows : 

The term " ratable polls " as used in the constitu- 
tion, includes 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 repre- 
sentation of towns because they are taxable by existing 
laws. 

Persons over seventy years of age are to be excluded, 
because 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 twenty-one years and upwards shall be con- 
sidered a ratable poll." (Rev. Stat., 1842, Chap. 29, 
Sect. 3.) 

In 1847 this definition was amended and the meaning 
limited to 

" Every male inhabitant of twenty-one years of age 
and upwards, who is a legal voter in such town or 
place, or not being a legal voter has resided therein 
twelve months next preceding the election at which 
such representative or representatives are to be chosen, 
or who has been taxed and has paid a poll tax within 
such town during the year preceding the same elec- 
tion." (Laws of N. H., 1847, Chap. 493, Sect, i.) 

18 



266 MANUAL OF THE CONSTITUTION. 

But again in 1871 a law was passed which in effect 
reenacted the statute of 1842. The act of 1871 is as 
follows : 

44 In determining the number of representatives to 
which any town or ward is entitled, every male inhab- 
itant 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 : 

44 i. 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. 

44 2. All members in favor of basing representation 
upon legal voters were requested to stand and be 
counted, and 44 members so voted. 

44 3. All members in favor of basing representation 
upon population were requested to stand and be counted, 
and 232 members so voted." 1 

On December 14, on motion of Mr. Page of Haver- 
hill, the following resolution was adopted : 44 Resolved ', 
That population be the basis of representation." Yeas, 
177 ; nays, i5- 2 

Upon motion of Mr. Ramsdell of Nashua, the con- 
vention 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 Ports- 
mouth, Wheeler of Dover, Woodman of Somersworth, 
Cole of Gilford, Whipple of Laconia, Hubbard of 

1 Journal of the Constitutional Convention of 1876, p. 221. 
a Ibid., p. 222. 



MANUAL OF THE CONSTITUTION. 267 

Tamworth, Mason of Moultonborough, Gallinger of 
Concord, Shirley of Andover, Ramsdell of Nashua, 
Woodbury of Pelham, Hatch of Keene, Buffum of 
Walpole, Tolles of Claremont, Sturoc of Sunapee, 
Murray of Canaan, Putnam of Warren, Burton of 
Lancaster, Bedel of Colebrook. 1 

Mr. Marston of Exeter, in a long speech in which he 
defended the old basis of representation and the impor- 
tance of a large house, said : 

44 All the trouble as I think, and all the increase of 
representation 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." 2 

Mr. Bell of Exeter, for the special committee of 
twenty, to whom was referred the various propositions 
basing the representation 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 n, and insert the fol- 
lowing : 

44 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 representation may be as equal as circumstan- 
ces will admit, every town and place entitled to town 

1 Journal of the Constitutional Convention of 1876, pp. 224, 225. 
a lbid., pp. 234,235. 



268 MANUAL OF THE CONSTITUTION. 

privileges, and wards of cities, having 600 inhabit- 
ants 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 1800 such 
inhabitants, may elect two representatives ; and so 
proceeding in that proportion, making 1200 such in- 
habitants the mean increasing number for every addi- 
tional 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 then 
next preceding census ; and provided further, that the 
legislature in session next before these amendments 
shall take effect shall equitably apportion the represent- 
atives 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 manner that the number of representatives shall 
not be greater 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 above men- 
tioned 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 
highest number, and so on, biennially, in rotation 
through the several towns, places, or wards forming the 
district. 

" ARTICLE n. 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 ren- 
der the classing thereof with any other town, ward, or 



MANUAL OF THE CONSTITUTION. 269 

place very inconvenient, the general court shall deter- 
mine 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." 1 

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 to three representatives, by division of a city ot 
the same population into wards of six hundred each, it 
would be entitled to five representatives. 

On December 15, the report of the special committee 
of twenty was adopted by the convention yeas, 266 ; 
nays, 76. 2 

This amendment was submitted to the legal voters of 
the State on the second Tuesday of March, 1877, * n tne 
form of question No. 4, as follows : "Do you approve 
of a House of Representatives 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 enact- 
ment 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 additional representative. 3 Another 

1 Journal of the Constitutional Convention of 1876, pp. 230,231. 

2 Ibid., p. 252. 

3 Journal of the Constitutional Convention of 1889, p. 54. 



270 MANUAL OP THE CONSTITUTION. 

proposed to allow the voters in the classed towns to cast 
their ballots for representatives in the towns in which 
they dwelt. 1 

By the amendment of 1876, it was provided that in 
every class the first meeting for the election of a repre- 
sentative " should be held in the town, place 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 district." 2 Still another plan pro- 
posed to give every town a representative. 3 

All these resolutions were referred to the Committee 
on Future Amendments, which reported on January 10, 
that it was inexpedient to act on the subject. 4 

Mr. Harvey of Surry introduced the following reso- 
lution, which was reported favorably by the committee : 

" Resolved, That Article 10 of the Constitution be 
stricken out, and Article n be amended so as to read 
as follows, 4 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 
proportionate part of the time as the number of its in- 
habitants shall bear to 600. And the General Court 
shall not authorize any town, place, or ward, to elect 
and send such representative except as herein pro- 
vided.'" s 

Many petitions from the inhabitants of classed towns 
were received, all showing that in those towns there 

1 Journal of the Constitutional Convention of 1889, p. 60. 

a Amended Constitution 1876, Part II, Sect. 10. 

8 Journal of the Constitutional Convention of 1889, p. 112. 

4 Ibid., p. 145. 

6 Ibid., pp. 138, 139; 212, 218. 



MANUAL OF THE CONSTITUTION. 271 

was great dissatisfaction with that part of the constitu- 
tion, as amended in 1876, which related to the classifica- 
tion of towns. The two principal reasons were, I. 
Where a small town was classed with a large one, the 
practical working of the plan showed that the large 
town always had the representative, and the smaller 
town was practically unrepresented; 2. In several 
towns it often had been necessary for voters to travel a 
distance of twenty miles to the polls in order to vote. 
This had resulted in practically disfranchising certain 
sections, and in some cases the vote cast had never 
equaled fifty per cent, of the legal voters. The report 
of the committee was accepted by the convention on 
January n, and the resolution adopted. 1 

This proposed amendment to the constitution was 
duly submitted by the convention to the legal voters of 
the State in the form of the question (No. 7) " Do you 
approve of amending the Constitution with reference to 
representation in classed towns, as proposed in amended 
Constitution ? " It was adopted by them at the annual 
town meetings on the second Tuesday of March, 1889 
yeas, 30,002 ; nays, 12,846. 



Journal of the Constitutional Convention of 1889, p. 259. 



APPENDIX. 



MANUAL OF THE CONSTITUTION. 275 

PUBLIC STATUTES OF NEW HAMPSHIRE. 

(Chase's Revision.) 

CHAPTER 22. 

COUNCILOR DISTRICTS. 



SECTION 

1. Number and power of 
councilor 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. 

6. Limits of district No. 5. 



SECTION i. 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, London, Newcastle, New- 
ington, Newmarket, Northampton, 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, Dun- 
barton, East Kingston, Exeter, Fremont, Hampstead, Hampton, 
Hampton Falls, Hook-sett, Hudson, Kensington, Kingston, Litchfield, 
Londonderry, Manchester, Newton, Pelham, Plaistow, Salem, San- 
down, Seabrook, South Hampton, South Newmarket, and Windham. 

SECT. 4. Councilor district number three contains the towns of 
Amherst, Antrim, Bedford, Bennington, Brookline, Deering, 
Francestown, Goffstown, Greenfield, Greenville, Hancock, Hollis, 
Lyndeborough, Mason, Merrimack, Milford, Mont Vernon, Nashua, 
New Boston, New Ipswich, Peterborough, Sharon, Temple, Weare, 
Wilton, Windsor, and the county of Cheshire. 

SECT. 5. Councilor district number four contains the towns of 
Andover, Ashland, Belmont, Boscawen, Bradford, Bridgewater, Bris- 
tol, Canterbury, Concord, Danbury, Franklin, Hanover, Henniker, 






276 MANUAL OP THE CONSTITUTION. 

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 Al- 
exandria, Alton, Bath, Benton, Bethlehem, Campton, Canaan, Center 
Harbor, Dorchester, Easton, Ellsworth, Enfield, Franconia, Grafton, 
Groton, 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. 

CHAPTER 23. 
SENATORIAL DISTRICTS. 



SECTION 

1. Number of senatorial districts. 

2. Limits of district No. 1. 

3. Limits of district No. 2. 

4. Limits of district No. 3. 
6. Limits of district No. 4. 

6. Limits of district No. 5. 

7. Limits of district No. 6. 

8. Limits of district No. 7. 

9. Limits of district No. 8. 

10. Limits of district No. 9. 

11. Limits of district No. 10. 

12. Limits of district No. 11. 

13. Limits of district No. 12. 



SECTION 

14. Limits of district No. 13. 

15. Limits of district No. 14. 

16. Limits of district No. 15. 

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 i . The state is divided into twenty-four senatorial dis- 
tricts, each one of which may elect one senator to the legislature bien- 
nially. 

SECT. 2. Senatorial district number one contains Coos county. 

SECT. 3. Senatorial district number two contains Bath, Benton, 
Bethlehem, Dorchester, Easton, Ellsworth, Franconia, Groton, Ha- 
verhill, Hebron, Landaff, Lincoln, Lisbon, Littleton, Livermore, 
Lyman, Monroe, Rumney, Thornton, Warren, Waterville, Went- 
worth, and Woodstock. 



MANUAL OF THE CONSTITUTION. 277 

SECT. 4. Senatorial district number three contains Alexandria, 
Bristol, Canaan, Danbury, Enfield, Grafton, Hanover, Hill, Lebanon, 
Lyme, New London, Orange, Orford, Piermont, and Wilmot. 

SECT. 5. Senatorial district number four contains Alton, Ashland, 
Belmont, Bridgewater, Campton, Center Harbor, Gilford, Gilmanton, 
Holderness [Laconia, ward i], Moultonborough, New Hampton, 
Plymouth, Sandwich, Tuftonborough, and Wolfeborough . 

SECT. 6. Senatorial district number five contains Albany, Barn- 
stead, Bartlett, Brookfield, Chatham, Con way, Eaton, Effingham, 
Farmington, Freedom, Hart's Location, Jackson, Madison, Middle- 
ton, New Durham, Ossipee, Strafford, Tamworth, and Wakefield. 

SECT. 7. Senatorial district number six contains Andover, Frank- 
lin, Laconia [wards 2, 3, 4] , Meredith, Northfield, Salisbury, San- 
bornton, and Tilton. 

SECT. 8. Senatorial district number seven contains Acworth, 
Charlestown, Claremont, Cornish, Croydon, Goshen, Grantham, 
Langdon, Lempster, Newport, Plainfield, Springfield, Sunapee, and 
Unity. 

SECT. 9. Senatorial district number eight contains Alstead, An- 
trim, Bennington, Bradford, Deering, Francestown, Greenfield, Han- 
cock, Lyndeborough, 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, Goffstown, Henniker, Hills- 
borough, Hooksett, Hopkinton, Warner, and Webster. 

SECT. 1 1 . Senatorial district number ten contains wards two, four, 
five, six, and nine of Concord. 

SECT. 12. Senatorial district number eleven contains Allenstown, 
Auburn, Candia, Canterbury, Chichester, wards one, three, and eight 
of Concord, Deerfield, Epsom, Loudon, Pembroke, Pittsfield, and 
Raymond. 

SECT. 13. Senatorial district number twelve contains Barrington, 
Milton, Northwood, Nottingham, Rochester, and Somersworth. 

SECT. 14. Senatorial district number thirteen contains Gilsum, 
Keene, Marlborough, Nelson, Roxbury, Sullivan, and Surry. 



278 MANUAL OF THE CONSTITUTION. 

SECT. 15. Senatorial district number fourteen contains Chester- 
field, Dublin, Fitzwilliam. Harrisville, Hinsdale, Jaffrey, Richmond, 
Rindge, Swanzey, Troy, Westmoreland, and Winchester. 

SECT. 1 6. Senatorial district number fifteen contains Amherst, 
Brookline, Greenville, Hollis, Mason, Milford, New Ipswich, Peter- 
borough, Sharon, Temple, and Wilton. 

SECT. 17. Senatorial district number sixteen contains wards one 
and two of Manchester. 

SECT. 1 8. 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 Bedford, 
Derry, Litchfield, Londonderry, Merrimack, wards one, two, and 
three of Nashua, and Windham. 

SECT. 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 Atkin- 
son, Brentwood, Chester, Danville, East Kingston, Exeter, Fremont, 
Hampstead, Hampton, Hampton Falls, Kensington, Kingston, New- 
ton, Plaistow, Sandown, Seabrook, South Hampton, and South 
Newmarket. 

SECT. 23. Senatorial district number twenty-two contains wards 
one, two, and three of Dover, Durham, Lee, Madbury, and Rollins- 
ford. 

SECT. 24. Senatorial district number twenty-three contains wards 
four and five of Dover, Epping, Greenland, Newington, Newmarket, 
North Hampton, ward three of Portsmouth, Rye, and Stratham. 

SECT. 25. Senatorial district number twenty-four contains New- 
castle and wards one, two, four, [and five] of Portsmouth. 



MANUAL OF THE CONSTITUTION. 



279 



LAWS OF 1901. 
CHAPTER 85. 

AN ACT PROVIDING FOR A CONVENTION OF DELEGATES FOR THE 
PURPOSE OF REVISING THE CONSTITUTION. 



SECTION 

1. Time of choosing delegates. 

2. Eligibility to convention. 

3. Manner of choosing. 

4. Credentials of delegates. 

5. Blanks for certificates. 



SECTION 

6. Meeting and organization. 

7. Amendments agreed to. 

8. Supplies for convention. 

9. Mileage and compensation. 
10. Takes effect on passage. 



SECTION i. That at the election in the several towns and cities of 
this state to be holden in November, A. D. 1902, delegates to a con- 
vention to revise the constitution of this state shall be chosen and an 
article therefor shall be inserted in the warrants calling said meetings ; 
and all the laws relating to the election of representatives to the gen- 
eral court, so far as the same may be applicable, shall apply to the 
election of delegates except as herein otherwise provided. 

SECT. 2. Any person shall be eligible to a seat in said convention 
who by the laws of this state is a qualified voter in the town or district 
from which he may be elected. 

SECT. 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 dele- 
gate 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 season- 
ably transmit to the several town clerks suitable blank forms for cer- 
tificates of the election of delegates. 

SECT. 6. The delegates so chosen shall meet in convention at the 
capitol in Concord on the first Tuesday of December, A. D. 1902, at 
1 1 o'clock in the forenoon, and shall proceed to organize 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. 



280 MANUAL OF THE CONSTITUTION. 

SECT. 7. If any 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 case 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 shall take effect, and may do any 
and all other things which they deem necessary to carry out the pur- 
pose 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, stationery, and print- 
ing as the convention shall require or order. 

SECT. 9. The pay for the travel for the officers and members of 
the convention shall be the same as that of the officers and members 
of the house of representatives, 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 mem- 
ber 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 March 21, 1901.] 

CHAPTER 154. 

JOINT RESOLUTION PROVIDING FOR THE PAYMENT OF THE EXPENSES 
OF A CONVENTION TO REVISE THE CONSTITUTION. 

Resolved by 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 March 22, 1902.] 



MANUAL OP THE CONSTITUTION. 



281 



LAWS OF 1901. 
CHAPTER 103. 



AN ACT RELATING TO THE ELECTION OF REPRESENTATIVES TO THE 
GENERAL COURT. 



SECTION 

3. Repealing clause ; act takes effect 
on passage. 



SECTION 

1. Apportionment of representa- 

tives. 

2. Representation of towns having 

less than six hundred inhabit- 
ants. 



SECTION i . 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 consti- 
tution as follows : 

One representative each from Alexandria, Allenstown, Alstead, 
Alton, Amherst, Andover, Antrim, Ashland, Auburn, Barnstead, 
Barrington, Bartlett, Bath, Bedford, Belmont, Bennington, Bethle- 
hem, Boscawen, Bow, Bradford, Brentwood, Bristol, Brookline, 
Campton, Canaan, Candia, Canterbury, Carroll, Charlestown, Chester, 
Chesterfield, Columbia, wards two, three, and eight of Concord, 
Cornish, Danbury, Danville, Deerfield, Durham, Dublin, ward five of 
Dover, Effingham, Epping, Epsom, Fitzwilliam, Francestown, Fran- 
conia, ward one ot Franklin, Fremont, Gilford, Gilmanton, Gorham, 
Greenfield, Greenland, Greenville, Grafton, Hampton, Hampstead, 
Hancock, Hanisville, Henniker, Holderness, Hollis, Hooksett, Hop- 
kinton, Hill, Hudson, Jackson, Jefferson, wards four and five of 
Keene, Kingston, ward three of Laconia, Londonderry, Loudon, 
Lyme, Lyndeborough, ward seven of Manchester, Marl borough, Mere- 
dith, Merrimack, Milan, Milton, Moultonborough, wards four, five, 
and six of Nashua, New Boston, New Durham, Newfields, New 
Hampton, New Ipswich, New London, Northfield, Northwood, Not- 
tingham, North Hampton, Newton, Orford, Ossipee, Pelham, Piermont, 
Pittsburg, Plainfield, Plaistow, wards four and five of Portsmouth, 
Raymond, Rindge, Rollinsford, wards one, two, three, five, and six 



19 



282 MANUAL OF THE CONSTITUTION. 

of Rochester, Rumney, Rye, Salisbury, Sandwich, Sanbornton, Sea- 
brook, wards one, two, three, and five of Somersworth, Stark, Strafford, 
Stratford, Stratham, Stewartstown, Sunapee, Sutton, Swanzey, Tam- 
worth, Troy, Tuftonborough, Warner, Wakefield, Warren, Weare, 
Wentworth, Westmoreland, Wilton, Wilmot, Windham, and Wood- 
stock. 

Two representatives each from ward three of Berlin, wards one, 
five, and nine of Concord, Colebrook, wards one and three of Dover, 
Enfield, Farmington, wards two and three of Franklin, Goffstown, 
Hanover, Hillsborough, Hinsdale, Jaffrey, wards one, two, and three 
of Keene, wards one, two, and four of Laconia, Lisbon, wards one and 
two of Nashua, Newmarket, Northumberland, Peterborough, Pittsfield, 
Plymouth, wards one and three of Portsmouth, ward four of Rochester, 
Salem, ward four of Somersworth, Tilton, Walpole, Whitefield, Win- 
chester, and Wolfeborough. 

Three representatives each from wards one and two of Berlin, wards 
four, six, and seven of Concord, Conway, Derry, wards two and four 
of Dover, Haverhill, Lancaster, Littleton, ward one of Manchester, 
Milford, wards three, seven, and eight of Nashua, Newport, Pembroke, 
and ward two of Portsmouth. 

Four representatives each from Exeter, Lebanon, wards six and ten 
of Manchester, and ward nine of Nashua. 

Five representatives each from Claremont and wards two and eight 
of Manchester. 

Six representatives each from wards three and four of Manchester. 

Seven representatives from ward nine of Manchester. 

Eight representatives from ward five of Manchester. 

SECT. 2. The following named towns, not having six hundred 
inhabitants according to the census of 1900, may each elect a repre- 
sentative, and send him to the general court such proportionate part 
of the time as the number of their inhabitants, according to said 
census, bears to six hundred ; that is to say, they may elect one repre- 
sentative in each of the years set opposite their names in the following 
list : 



MANUAL OP THE CONSTITUTION. 283 

Acworth in the years 1902, 1904, 1906, 1908, 1910. 

Albany in the years 1902, 1910. 

Atkinson in the years 1902, 1904, 1908, 1910. 

Benton in the years 1904, 1908. 

Bridge water in the years 1904, 1908. 

Brookfield in the years 1904, 1906, 1910. 

Center Harbor in the years 1902, 1906, 1910. 

Chatham in the years 1902, 1904, 1910. 

Chichester in the years 1902, 1904, 1906, 1908, 1910. 

Clarksville in the years 1902, 1904, 1908. 

Croydon in the years 1904, 1908, 1910. 

Dalton in the years 1902, 1904, 1906, 1908, 1910. 

Deering in the years 1902, 1904, 1906, 1908. 

Dorchester in the years 1904, 1906, 1910. 

Dummer in the years 1902, 1906, 1910. 

Dumbarton in the years 1902, 1904, 1906, 1908, 1910. 

East Kingston in the years 1904, 1906, 1908, 1910. 

Easton in the years 1904, 1906. 

Eaton in the years 1904, 1906, 1910. 

Ellsworth in the year 1904. 

Errol in the years 1902, 1906, 1910. 

Freedom in the years 1902, 1904, 1906, 1908, 1910. 

Gilsum in the years 1902, 1904, 1906, 1908, 1910. 

Goshen in the years 1904, 1906, 1908. 

Grantham in the years 1902, 1904, 1910. 

Groton in the years 1904, 1908, 1910. 

Hampton Falls in the years 1902, 1904, 1906, 1908, 1910. 

Hart's Location in the year 1908. 

Hebron in the years 1902, 1906. 

Kensington in the years 1904, 1906, 1908, 1910. 

Landaff in the years 1904, 1906, 1908, 1910. 

Langdon in the years 1902, 1904, 1908. 

Lee in the years 1902, 1904, 1906, 1908, 1910. 

Lempster in the years 1904, 1906, 1908, 1910. 

Lincoln in the years 1902, 1904, 1906, 1908, 1910. 

Litchfield in the years 1902, 1906. 



284 MANUAL OF THE CONSTITUTION. 

Lyman in the years 1904, 1908, 1910. 

Livermore in the year 1908. 

Madbury in the years 1902, 1906, 1910. 

Madison in the years 1902, 1904, 1906, 1908. 

Mason in the years 1902, 1906. 1908. 

Marlow in the years 1902, 1904, 1908, 1910. 

Middleton in the years 1902, 1906, 1910. 

Mont Vernon in the years 1902, 1904, 1906, 1910. 

Monroe in the years 1902, 1904, 1906, 1908, 1910. 

Newbury in the years 1904, 1908, 1910. 

Nelson in the years 1902, 1906, 1910. 

Newcastle in the years 1902, 1904, 1906, 1908, 1910. 

Newington in the years 1902, 1906, 1910. 

Orange in the years 1902, 1908. 

Randolph in the year 1904. 

Richmond in the years 1902, 1904, 1908, 1910. 

Roxbury in the year 1906. 

Sandown in the years 1902, 1906, 1908. 

Sharon in the year 1902. 

Shelburne in the years 1902, 1906, 1908. 

South Hampton in the years 1902, 1908, 1910. 

Springfield in the years 1902, 1906, 1910. 

Stoddard in the years 1902, 1906, 1910. 

Sullivan in the years 1904, 1908. 

Surry in the years 1904, 1908. 

Temple in the years 1902, 1906, 1910. 

Thornton in the years 1902, 1904, 1906, 1908, 1910. 

Unity in the years 1902, 1904, 1906, 1908, 1910. 

Washington in the years 1902, 1906, 1908. 

Waterville in the year 1904. 

Webster in the years 1902, 1906, 1908, 1910. 

Windsor in the year 1908. 

SECT. 3. This act shall take effect upon its passage, and all acts 
and parts of acts inconsistent with this act, are hereby repealed. 

[Approved March 22, 1901.] 



DELEGATES TO THE CONVENTION TO REVISE 
THE CONSTITUTION. 



1902. 



ROCKING HAM COUNTY. 



Atkinson, Elmer E. Conley. 
Auburn, Henry C. Sanborn. 
Brentwood, Ephraim G. Flanders. 
Candia, George E. Eaton. 
Chester, Charles H. Knowles. 
Danville, Eugene F. Kimball. 
Deerfield, John M. Kelsey. 
Derry, Walter R. Sanders, 
Charles F. Gillispie, 
Charles W. Abbott. 
East Kingston, Frank R. Morrill. 
Exeter, Edwin G. Eastman, 

Wm. H. C. Follansby, 

Arthur O. Fuller, 

Albert S. Wetherell. 
Epping, John Leddy. 
Fremont, Lincoln F. Hooke. 
Greenland, John S. H. Frink. 
Hampstead, John C. Sanborn. 
Hampton, John W. TowLe. 
Hampton Falls, Benjamin F. Weare. 
Kensington, Weare N. Shaw. 
Kingston, Amos C. Chase. 
Londonderry, Rosecrans W. Pillsbury. 
Newcastle, no choice. 
Newfields, Christopher A. Pollard. 
Newington, Frederic W. de Roche- 
mont. 



Newmarket, Harrison G. Burley, 

John Walker. 
Newton, Daniel F. Battles. 
North Hampton, David H. Evans. 
Northwood, Charles F. Gate. 
Nottingham, James H. Kelsey. 
Plaistow, Daniel M. Peaslee. 
Portsmouth : 

Ward i, Samuel W. Emery, 

Guy E. Corey. 
Ward 2, Simon P. Emery, 
Alfred F. Howard, 
True L. Norris. 
Ward 3, Clarence H. Paul, 

Samuel F. Ham. 
Ward 4, Edward H. Adams. 
Ward 5, William A. A. Cullen. 
Raymond, James M. Healey. 
Rye, Horace Sawyer. 
Salem, Wallace W. Cole, 
Benj. R. Wheeler. 
Sandown, Horace T. Grover. 
Seabrook, John W. Locke. 
South Hampton, Benjamin R. Jewell. 
Stratham, Joseph C. A. Wingate. 
Windham, George H. Clark. 



STRAFFORD COUNTY. 



Barrington, Alphonzo B. Locke. 
Dover : 

Ward i, George I. Leighton. 



Ward I, Charles E. Morrison. 

Ward 2, Charles T. Moulton, 

William H. Roberts, 



286 MANUAL OF THE CONSTITUTION. 

Dover : Rochester : 

Ward 2, Burnham Hanson. Ward i, Andrew R. Nute. 

Ward 3, John H. Nealley, Ward 2, George P. Furbush. 

Dwight Hall. Ward 3. Stephen C. Meader. 

Ward 4, Charles H. Morang, Ward 4, George H. Springfield, 

Channing Folsom, Gaspard A. Gelinas. 

John H. Nute. Ward 5, George E. Cochrane. 

Ward 5, Patrick W. Murphy. Ward 6, William T. Gunnison. 

Durham, Daniel Chesley. Rollinsford, George W. Nutter. 

Farmington, Henry C. Nutter, Somersworth : 

Edward T. Willson. Ward i, James A. Edgerly. 

Lee, John W. Webb. Ward 2, Joseph Libby. 

Madbury, Fred E. Gerrish. Ward 3, James A. Locke. 

Middleton, James D. Moore. Ward 4, Michael J. Leary, 

Milton, Bard B. Plummer. Clement Roy. 
New Durham, Horatio G. Chamberlin. Ward 5, Oliver Morin. 

Strafford, Frank H. Hall. 

BELKNAP COUNTY. 

Alton, George H. Demeritt. Ward 2, Horace W. Gorrell. 

Barnstead, Horace N. Colbath. Ward 3, John T. Busiel. 

Belmont, Fred E. Bryar. Ward 4, Edwin P. Thompson, 

Center Harbor, Allan C. Clark. Edwin C. Lewis. 

Gilford, James R. Morrill. Meredith, George F. Smith. 

Gilmanton, Thomas Cogswell. New Hampton, Kenrick W. Smith. 

Laconia: Sanbornton, James E. Knox. 

Ward i, Charles L. Pulsifer, Tilton, Charles C. Rogers, 

Edwin D. Ward. William B. Fellows. 

Ward 2, Stephen S. Jewett. 

CARROLL COUNTY. 

Albany, Archie Nickerson. Jackson, Jonathan Meserve. 

Bartlett, Henry M. Rideout. Madison, Samuel J. Gilman. 

Brookfield, Dudley C. Colman. Moultonborough, Andrew J. Goodwin. 

Chatham, William Spencer. Ossipee, Levi W. Brown. 

Conway, Sewell M. Hobson, Sandwich, Henry F. Dorr. 

James L. Gibson, Tamworth, Horace A. Page. 

Joel E. Morrill. Tuftonborough, John D. Morrison. 

Eaton, Luther E. Dearborn. Wakefield, John W. Sanborn. 

Effingham, Horace W. Harmon. Wolfeborough, Stephen W. Clow, 

Freedom, Arthur P. Merrow. Fred E. Hersey. 
Hart's Location, Merville B. Murch. 



MANUAL OF THE CONSTITUTION. 



287 



MERRIMACK COUNTY. 



Allenstown, Frank E. Blodgett. 
Andover, George \V. Stone. 
Boscawen, Willis G. Buxton. 
Bow, Henry M. Baker. 
Bradford, John E. French. 
Canterbury, James Frame. 
Chichester, Jeremy L. Sanborn. 
Concord : 

Ward I, David F. Dudley, 
Charles E. Foote. 
Ward 2, Fales P. Virgin. 
Ward 3, Abijah Hollis. 
Ward 4, Frank S. Streeter, 
James O. Lyford, 
John M. Mitchell. 
Ward 5, Edward C. Niles, 

William A. Foster. 
Ward 6, Benj. A. Kimball, 

Reuben E. Walker, 
DeWitt C. Howe. 
Ward 7, Moses T. Whittier, 

Maitland C. Lamprey, 
Horace L. Ingalls. 
Ward 8, William E. Chandler. 
Ward 9, Michael Casey, 

John Jordan. 
Danbury, John V. Ford. 



Dunbarton, Horace Caldwell. 
Epsom, John H. Dolbeer. 
Franklin : 

Ward i, Isaac N. Blodgett. 

Ward 2, Edward B. S. Sanborn, 
George R. Stone. 

Ward 3, Edward G. Leach, 

Omar A. Towne. 
Henniker, Charles A. Wilkins. 
Hill, Royal L. Wilson. 
Hooksett, Eugene S. Head. 
Hopkinton, George M. Putnam. 
Loudon, Jeremiah A. Clough. 
Newbury, George J. Messer. 
New London, Jacob H. Todd. 
Northfield, Otis C. Wyatt. 
Pembroke, Jacob E. Chickering, 
Edmund E. Truesdell, 
George E. Miller. 
Pittsfield, Frank P. Greene, 

Edward K. Webster. 
Salisbury, Edward N. Sawyer. 
Button, No choice voted not to send. 
Warner, Arthur Thompson. 
Webster, Frank A. Lang. 
Wilmot, no choice. 



HILLSBOROUGH COUNTY. 



Amherst, Eugene C. Hubbard. 
Antrim, P'ranklin G. Warner. 
Bedford, Gordon Woodbury. 
Bennington, Charles H. Kimball. 
Brookline, Orville D. Fessenden. 
Deering, William F. Whitaker. 
Francestovvn, George E. Downes. 
Goffstown, George W. Colby, 

David A. Paige. 
Greenfield, George S. Peavey. 



Greenville, Stephen H. Bacon. 
Hancock, George H. Fogg. 
Hillsborough, John B. Smith, 

Samuel W. Holman. 
Hollis, Marcellus J. Powers. 
Hudson, George W. Clyde. 
Litchfield, Jonathan A. Marsh. 
Lyndeborough, Walter S. Tarbell. 
Manchester : 

Ward i, Elliot C. Lambert, 



288 



MANUAL OF THE CONSTITUTION. 



Manchester : 

Ward i, Rufus Wilkinson, 
Jacob J. Abbott. 

Ward 2, James F. Briggs, 
David Cross, 
Nathan P. Hunt, 
Oliver B. Green, 
James E. Dodge. 

Ward 3, Henry W. Bout well, 
Cyrus H. Little, 
Clarence E. Rose, 
Edwin F. Jones, 
Edwin R. Robinson, 
Joseph O. Tremblay. 

Ward 4, Harry T. Lord, 

George C. Gilmore, 
Henry A. Farrington, 
Warren Harvey, 
Bushrod W. Hill, 
Albert J. Precourt. 

Ward 5, Joseph M. McDonough, 
Michael Tonery, 
William J. Starr, 
Timothy E. Horan, 
William F. Clancy, 
Michael R. Sullivan, 
Dennis F. Griffin, 
Henry Jennings. 

Ward 6, Fred T. Irwin, 

George I. McAllister, 
Joseph Quirin, 
Eugene E. Hildreth. 

Ward 7, Henry W. Allen. 

Ward 8, Frank O. Clement, 
John C. Littlefield, 
John K. McQuesten, 
William McElroy, 
Edward J. Powers. 

Ward 9, Herman Greager, 
Joseph Richer, 
Frank T. Provost, 



Ward 9, Joseph G. Plante, 
Eugene Quirin, 
Moise Guerin, 
Joseph A. Boivin. 
Ward 10, James M. Hall, 
Albert Nettle, 
Joseph F. Trinity, 
Nelson W. Paige. 
Mason, Hermon Whitaker. 
Merrimack, Francis A. Gordon. 
Milford, Carl E. Knight, 
William B. Rotch, 
George A. Worcester. 
Mont Vernon, Charles H. Raymond. 
Nashua : 

Ward I, Charles J. Hamblett, 

John R. Spring. 
Ward 2, Joseph L. Clough, 

Walter C. Harriman. 
Ward 3, Edward H. Everett, 
John J. Flood, 
Henri T. Ledoux. 
Ward 4, Edward E. Parker. 
Ward 5, Stephen L. Hallinan. 
Ward 6, Edward H. Wason. 
Ward 7, Arthur K. Woodbury, 
Clayton B. Proctor, 
Frederic D. Runnells. 
Ward 8, William J. McKay, 
Albert Shedd, 
William J. Flather. 
Ward 9, Thomas Earley, Jr., 
Joseph T. Slattery, 
Leon Desmarais, 
Michael McGlynn. 
New Boston, Lendell Dodge. 
New Ipswich, Edwin F. Blanchard. 
Pelham, Charles L. Seavey. 
Peterborough, Mortier L. Morrison, 

Charles Scott. 
Sharon, Milton A. Richardson. 



MANUAL OF THE CONSTITUTION. 



289 



Temple, Herbert O. Hadley. 
Weare, George Simons. 



Wilton, George E. Bales. 
Windsor, Joseph C. Chapman. 



CHESHIRE COUNTY. 



Alstead, Charles H. Cooke. 
Chesterfield, George F. Amidon. 
Dublin, Henry D. Learned. 
Fitzwilliam, Amos J. Blake. 
Gilsum, John S. Collins. 
Harrisville, Frank C. Farwell. 
Hinsdale, Fred A. Buckley, 
Willis D. Stearns. 
Jaffrey, Joel H. Poole, 
Albert Annett. 
Keene : 

Ward i, James S. Taft, 

Adolph VV. Pressler. 
Ward 2, Charles Wright, 2d, 
Liberty W. Foskett. 
Ward 3, William C. Hall, 
Hiram F. Newell. 
Ward 4, Clement J. Woodward. 



Ward 5, Joseph Madden. 
Marlborough, Clinton Collins. 
Marlow, Rockwell F. Craig. 
Nelson, George W. Osgood. 
Richmond, Lewis R. Cass. 
Rindge, Warren W. Emory. 
Roxbury, Charles W. Buckminster. 
Stoddard, Cummings B. McClure. 
Sullivan, Daniel W. Rugg. 
Surry, Stephen H. Clement. 
Swanzey, Auburn J. Day. 
Troy, Melvin T. Stone. 
Walpole, Frank A. Spaulding, 

William H. Kiniry. 
Westmoreland, Edwin J. Goodnow. 
Winchester, Carlos C. Davis, 

George W. Peirce. 



SULLIVAN COUNTY. 



Acworth, Abraham M. Mitchell. 

Charlestown, Lyman Brooks. 

Claremont, Edward J. Tenney, 

George T. Stockwell, 
Osmon B. Way, 
George P. Rossiter, 
Ira G. Colby. 

Cornish, George E. Fairbanks. 

Croydon, Daniel Ide. 

Goshen, Frank L. Hanson. 

Grantham, Moses P. Burpee. 



Langdon, Herbert A. Holmes. 

Lempster, Loren A. Noyes. 

Newport, Arthur C. Bradley, 
Jesse M. Barton, 
Seth M. Richards. 

Plainfield, Robert R. Penniman. 

Springfield, Joseph L. Brown. 

Sunapee, George H. Bartlett. 

Unity, Charles A. Newton. 

Washington, Willie D. Brockway. 



GRAFTON COUNTY. 



Alexandria, Alpheus S. Bucklin. 
Ashland, Henry C. Dearborn. 
Bath, Henry C. Carbee. 



Benton, Lebina H. Parker. 
Bethlehem, Henry A. Hildreth. 
Bridgewater, Henry H. Morrill. 



290 



MANUAL OF THE CONSTITUTION. 



Bristol, Ira A. Chase. 

Campton, Charles W. Pulsifer. 

Canaan, Warren B. Richardson. 

Dorchester, Herbert H. Ashley. 

Easton, Charles A. Young. 

Ellsworth, Bert H. Avery. 

Enfield, Henry Cumings, 
John Dresser. 

Franconia, Wilbur F. Parker. 

Grafton, Joseph E. Walker. 

Groton, Daniel Kidder. 

Hanover, Simon Ward, 

James F. Colby. 

Haverhill, Tyler Westgate, 
Scott Sloane, 
Edwin B. Pike. 

Hebron, Edward M. Jewell. 

Holderness, Robert L. Flanders. 

Landaff, Van B. Glazier. 

Lebanon, Charles A. Dole, 

Charles B. Drake, 
Jesse E. Dewey, 



Lebanon, Clarence E. Hibbard. 

Lincoln, James E. Henry. 

Lisbon, Augustus A. Woolson, 
George F. Morris. 

Littleton, Edgar Aldrich, 
Henry F. Green, 
Harry M. Morse. 

Lyman, Willard A. Stoddard. 

Lyme, George Melvin. 

Monroe, Alexander Warden. 

Orange, John H. French. 

Orford, George W. Lamprey. 

Piermont, Edward Ford. 

Plymouth, Frank W. Russell, 

Alvin F. Wentworth. 

Rumney, Charles C. Craig. 

Thornton, Marshall A. Bowles. 

Warren, William R. Park, Jr. 

Waterville, George H. Green. 

Wentworth, Calvin T. Shute. 

Woodstock, Elmer E. Woodbury, 



COOS COUNTY. 



Berlin: 

Ward i, Joseph H. Wight, 
John D. Moffett, 
William H. Paine. 
Ward 2, Louis M. Laplante, 
George F. Rich, 
Daniel J. Daley. 
Ward 3, James A. Boudreau, 
Charles A. Murray. 
Carroll, Charles S. Miles. 
Clarksville, Willis E. Young. 
Colebrook, Jason H.Dudley, 

Thomas F. Johnson. 
Columbia, Charles C. Titus. 
Dalton, Frank Britton. 
Dummer, Adam W. Wight. 
Errol, Remember B. Thurston. 



Gorham, Alfred R. Evans. 

Jefferson, George W. Crawford. 

Lancaster, Irving W. Drew, 
Henry O. Kent, 
William H. Hartley. 

Milan, Leonard K. Phipps. 

Northumberland, Napoleon B. Perkins, 
George W. McKellips. 

Pittsburg, Harvey Augustus Blanchard. 

Randolph, Laban M. Watson. 

Shelburne, Charles E. Philbrook. 

Stark, William T. Pike. 

Stewartstown, Leon D. Ripley. 

Stratford, Havilah B. Hinman. 

Whitefield, David M. Aldrich, 
William F. Dodge. 



STATISTICAL TABLES. 



292 



MANUAL OF THE CONSTITUTION. 



TABLE 

POPULATION OF NEW HAMPSHIRE 
From the Twelfth Census of the 



COUNTIES. 


1900. 


1890. 


1880. 


1870. 


1860. 


The State 


411,588 


376 530 


346 991 


318 300 


326 073 


Belknap 


19 526 


20 321 


17 948 


17 681 


18 549 


Carroll 


16 895 


18 124 


18 224 


17 332 


20 465 


Cheshire.. 


31 321 


29 579 


28 734 


27 265 


27 434 


Coos.. 


29 468 


23 211 


18 580 


14 932 


13 161 


Graf ton. 


40 844 


37 217 


38 788 


39 103 


42 260 


Hil Is borough . 


112 640 


93 247 


75 634 


64 238 


gO J4Q 


Merrimack 


52 430 


49 435 


46 300 


42 151 


41 408 


Rockingham. 


51 118 


49 650 


49 064 


47 297 


50 122 


Straff ord 


39,337 


38442 


35558 


30243 


31 493 


Sullivan 


18,009 


17,304 


18,161 


18,058 


19,041 















MANUAL OF THE CONSTITUTION. 



293 



No. 1. 

BY COUNTIES, 17901900. 

United States, Vol. I, Pop., Part 1, p. 30. 



1850. 


1840. 


1830. 


1820. 


1810. 


180O. 


1790. 


317,976 
17721 


284,574 


269,328 


244,161 


214,460 


183,858 


141,885 


20,157 














30,144 

11 853 


26,429 
9 849 


27,016 
8 388 


45,376 
5 549 


40,988 
3 991 


38,825 


28,772 


42,343 

57,478 
40 337 


42,311 
42,494 
36 253 


38,682 
37,724 
34614 


32,989 
53,884 


28,462 
49,249 


23,093 
43,899 


13,472 
32,871 


49,194 
29,374 
19 375 


45,771 
61,127 
20 340 


44,325 
58,910 
19 669 


55,246 
51,117 


50,175 
41,595 


45,427 
32,614 


43.169 
23,601 

















294 



MANUAL OP THE CONSTITUTION. 



TABLE No. 2. 

POPULATION OF NEW HAMPSHIRE WITH THE TOTAL INCREASE, 
PER CENT. OF INCREASE, AND DENSITY AS SHOWN AT EACH 
CENSUS, 17901900. 

From Twelfth Census, Vol. I, Pop., Part 1, pp. 2-6. 



Census year. 


Population. 


Total increase. 


Per cent, of 
increase. 


Density to 
square mile. 


1900 


411,588 


35,058 


9.3 


45.7 


1890 


376,530 


29,539 


8.5 


41.8 


1880 


346,991 


28,691 


9.0 


38.5 


1870 


318,300 


7,773 


2.4 


35.3 


1860 


326,073 


8,097 


2.5 


36.2 


1850 


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 


183,858 


41,973 


29.6 


20.4 


1790 


141,885 






15.8 













TABLE No. 3. 

TOTAL MALES 21 YEARS OF AGE AND OVER, CLASSIFIED BY GENERAL NATIVITY 
AND LITERACY IN NEW HAMPSHIRE, 1900. 

Twelfth Census, Vol. I, Pop., Part 1, p. 909. 



Aggregrate. 


Native born. 


Foreign born. 


Total. 


Literate. 


Illiterate. 


Total. 


Literate. 


Illiterate. 


Total. 


Literate. 


Illiterate. 


130,987 


120,692 


10,295 


96,099 


94,174 


1,925 


34,888 


26,518 


8,370 



MANUAL OP THE CONSTITUTION. 



295 



PH oi 

W 

I 5 

W K 

g | 
S 

Q < 

s a 

U 

3^ 

O 55 



FOREIGN BORN. 


Unknown. 


Illiterate. 


1 

1-1 


Literate. 




10 


Aliens. 


Illiterate. 


wf 


Literate. 


1 


'd 

OJ 

53 



1 


E 


Illiterate. 


2 


Literate. 


s 


Naturalized. 


Illiterate. 





Literate. 


5 


Native colored. 


Illiterate. 





Literate. 


I 


Natrve white. 


I 

s 


! 


Literate. 


1 



296 



MANUAL OP THE CONSTITUTION. 



TABLE No. 5. 

POPULATION OF COUNCILOR DISTRICTS IN NEW HAMPSHIRE, 1900. 
Compiled from Twelfth Census, 1900. 



District No. 1 80,847 

2 88,636 

" 3 82,341 

" 4 80,874 

" 5 78,890 



TABLE No. 6. 

POPULATION OF SENATORIAL DISTRICTS IN NEW HAMPSHIRE, 1900. 
Compiled from Twelfth Census, 1900. 



District No. 1 29,468 

" 2 19,742 

3 18,614 

4 16,440 

" 5 17,166 

" 6 21,067 

" 7 17,545 

8 15,007 

44 9 17,261 

44 10 12,288 

44 11 18,125 

44 12 20,264 



District No. 13 12,211 

14 14,763 

15 14,021 

16 9,126 

17 15,999 

18 31,862 

19 16,391 

20 19,941 

21 18,082 

44 22 11,367 

23 15,463 

24... 9,375 



MANUAL OF THE CONSTITUTION. 297 



TABLE No. 7. PART I. 

POPULATION OF NEW HAMPSHIRE BY TOWNS AS SHOWN BY THE 
STATE CENSUS IN 1775 AND THE UNITED STATES CENSUSES 
1790 1900, AND THE NUMBER OF REPRESENTATIVES OF EACH 
TOWN RETURNED TO THE GENERAL COURT IN 1784 AND AT 
EACH DECENNIAL PERIOD, 17911901. 

(Compiled from Province Papers, United States Censuses, House 
Journals, New Hampshire Registers, and Newspaper files.) 

This table includes only existing towns. Each town is entered 
under the county to which it now belongs. If at the date of any 
census it belonged to another county this fact is indicated 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. 



20 



298 



MANUAL OF THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


ROCKINGHAM 
COUNTY. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


i 

<s 

fl 

I 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Atkinson 


575 


c 


479 


c 


474 


1 


556 


c 


563 


C 


555 


Auburn 
























Brent wood 


1,100 


1 


976 


1 


899 


1 


905 


l 


892 


1 


891 


Candia 


744 


1 


1,040 


1 


1,186 


1 


1,290 


1 


1 273 


1 


1,362 


Chester 


1,599 


l 


1 902 




2 046 


1 


2 030 




2 262 


2 


2 039 


Danville [1] 


504 


c 


420 


c 


389 


c 


412 


c 


421 


c 


528 


Deerfield 


929 




1,619 


1 


1 878 


] 


1 851 


1 


2 133 


1 


2 086 


Derry 






















2,178 


East Kingston 


428 


(3 


358 


(3 


392 


(3 


442 


(> 


443 


(3 


442 


Epping 


1,569 


1 


1,233 


1 


1,121 


1 


1,182 


1 


1,158 


1 


1,263 


Exeter 


1 741 


1 


1 722 


1 


1 727 


1 


1 759 


1 


2 114 


2 


2 759 


Fremont f2] 


552 


c 


493 


c 


408 


(3 


462 


1 


453 




429 


Greenland 


759 




634 


1 


548 


1 


592 


1 


634 


1 


681 


Hampstead . 


768 




724 




790 


1 


738 


1 


751 


1 


913 


Hampton 


862 


1 


853 


1 


875 


1 


990 


1 


1,098 




1,103 


Hampton Falls 
Kensington 


645 

797 


c 
1 


541 
800 


C 

1 


519 
776 


C 
1 


570 
781 


C 
1 


572 
709 


1 


583 
717 


Kingston 


961 


1 


906 


1 


785 


1 


746 


1 


847 


1 


929 


Londonderry 


2,590 


9 


2,622 


1 


2,650 


2 


2 766 





3 127 


2 


1,469 


Newcastle 


449 


(3 


534 




524 




592 


1 


932 


1 


850 


Newfields[3] 












.... 












Newington 


532 


1 


542 




481 


1 


508 


1 


541 


1 


549 


Newmarket 
Newton 


1,289 
540 




1,137 
530 


1 


1,027 
450 


1 


1,081 
454 


1 
1 


1,083 

477 


1 
1 


2,013 
510 


North Hampton 
North wood 


652 
313 


1 


657 
744 


1 
c 


653 
950 


1 


651 
1,095 


1 
1 


764 
1 260 


1 
1 


767 
1,342 


Nottingham . 


999 


1 


1 068 


1 


964 




1 063 


1 


1 120 




1 157 


Plaistow 


575 


c 


521 


c 


459 




424 


C 


492 


C 


591 


Portsmouth. . 


4 590 


3 


4 720 


3 


5 339 


4 


6 934 


5 


7 327 


4 


8 082 


Ward 1 
























Ward 2. 
























Ward 3 
























Ward 4 
























Ward 5 
























Raymond. . . 


683 


c 


727 


c 


808 


c 


898 


1 


961 


1 


1,000 


Rye 


870 


c 


865 




890 


1 


1 020 


1 


1 127 


1 


1 172 


Salem 


1,084 


1 


1,218 




1 077 


1 


1,179 


1 


1 311 


1 


1,310 


Sandown . 


459 


(j 


561 


( 


501 


Q 


504 


(3 


527 


(3 


553 


Seabrook 


607 


c 


715 


c 


628 


<3 


774 


c 


885 


1 


1,095 


South Hampton 
Stratham 


498 
1,137 


c 
1 


448 
882 


c 
1 


387 
890 


C 
1 


427 
874 


C 


416 
892 


C 
1 


487 
938 


Windham . . 


529 


1 


663 


1 


751 


1 


742 


1 


889 


1 


1 006 



























[1] Danville. Incorporated as Hawke, 1760. Name changed to Danville, 1836. 
[2] Fremont. Incorporated as Poplin, 1764. Name changed to Fremont, 1854. 
[3] Newfields. Incorporated as South Newmarket, 1849. Name changed to 
Newfields, Feb. 21, 1895 



MANUAL OF THE CONSTITUTION. 



299 

































1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 







X 









00 




z 




a 




OD 




CO 












<u 




<O 




OJ 




s 









8 


> 




> 




.~ 




> 




> 




> 




> 




s> 


1 





1 


d 


e3 


d 


03 


P 


1 


jj 


jg 


d 


I 


j 


i 




o 


"S 





"S 


o 


"3 


O 


+s 

fl 


o 


a 


o 


H 

a 


o 


- 

d 


i 


cS 




3 


i 


| 




3 




eS 


<o 


ts 


3 


1 




~ 


*3 


tn 


15 


P 


3 


? 


"~2 


9^ 


TJ 


& 


"^ 


2 


^ 


c 


H, 


a 


a 


0, 


o, 


a 


A 


a 


P. 


P I 


a 


a 


S< 


a 


PI 


& 


2 


^ 


1 


& 





s. 



PH 


& 





a 


I 








& 


c 


557 


i 


600 




546 


1 


488 


i 


502 


P 


483 


P 


442 


P 








810 


I 


886 


1 


815 


i 


719 




631 


i 


682 


i 


1 


888 


i 


923 


1 


887 


1 


895 


i 


999 




967 


i 


957 


i 


1 


1,430 


i 


1,482 


1 


1,575 




1,456 


2 


1,340 




1,108 


i 


1,057 


i 


2 


2,173 


2 


1,301 


1 


1,275 


"i 


1,153 


1 


1,136 




958 


i 


861 


i 


C 


538 


C 


614 


1 


620 


i 


548 


] 


613 




666 


i 


615 


i 


2 


1,950 


2 


2,022 


2 


2,066 


2 


1.768 


2 


1,569 




1,220 


i 


1,162 


i 


2 


2,034 


2 


1,850 


2 


1,995 


2 


1,809 


2 


2,140 


2 


2,604 


2 


3,583 


3 


C 


551 




532 


1 


598 


1 


553 




576 


C 


461 


P 


496 


P 


1 


1,235 


"f 


1,663 


1 


1,414 


1 


1,270 




1,536 


1 


1,721 


1 


1,641 


1 


2 


2,925 


2 


3,329 


3 


3,309 


3 


3,437 




3,569 


3 


4,284 


4 


4,922 


4 


1 


429 


1 


509 


1 


579 


1 


527 




624 


1 


726 


1 


749 


1 


1 


726 


1 


730 


1 


762 


1 


695 




695 


1 


647 


1 


607 


1 


.... 


890 


1 


789 




930 


1 


935 




959 


1 


860 


1 


823 


1 




1,320 




1,192 


1 


1,230 


1 


1,177 




1,184 


1 


1,330 


1 


1,209 


1 




656 




640 


1 


621 


1 


679 




678 


1 


622 


1 


560 


P 




665 




700 




672 


1 


642 




614 


1 


547 


P 


524 


P 




1,032 




1,192 


1 


1,216 


1 


1,054 




1,080 


1 


1,120 


1 


1,132 


1 




1,556 




1,731 


2 


1,717 


2 


1,405 




1,363 


1 


1,220 


1 


1,408 


1 




742 




891 


J 


692 


1 


667 




610 


1 


488 


P 


581 


P 








516 


1 


786 


1 


808 




829 


1 


855 


1 


647 


1 


1 


543 




472 


1 


475 


1 


414 




433 


P 


401 


P 


390 


P 


1 


2,730 




1,937 


2 


2,034 


2 


1,987 




2,368 


2 


2,742 


2 


2,892 


2 


1 


541 




685 


1 


850 


1 


856 




1,006 


1 


1,064 




924 




1 


885 




822 


1 


771 


1 


723 




774 


1 


804 




812 




1 


1,172 




1,308 


1 


1,502 


1 


1,430 




1,345 


1 


1,478 




1,304 




1 


1,193 




1,268 


1 


1,297 


1 


1,130 




1,095 


1 


988 




638 




C 
5 


626 

7,887 


1 
6 


748 
9,738 


1 

7 


861 
9,335 


1 
g 


879 




1,002 


1 


1,085 




1,027 


















3,726 


4 


3,261 


3 


3,300 


3 


2,644 


2 
















3,652 


4 


3,759 


3 


3,730 


3 


3,105 


3 
















1,833 


2 


1,115 


1 


1,317 


1 


1,843 


2 




















1,555 


1 


1,480 


1 


1,391 


1 




























1,654 


1 


1 


989 




1,256 


1 


1,269 


1 


1,121 




1,053 


1 


1,131 


1 


1,100 


1 


1 


1,205 




1,295 


1 


1,199 


1 


993 




1,111 


1 


978 


1 


1,142 


1 


1 


1,408 




1,555 


.... 


1,670 


2 


1,603 




1.809 


2 


1,805 


2 


2,041 


2 


C 


525 




566 




553 


1 


496 




500 


p 


475 


p 


400 


p 


1 


1,392 




1,296 


1 


1,549 


1 


1,609 




1,745 


1 


1,672 




1,497 


I 


C 


462 




472 


1 


549 


1 


448 




383 


C 


370 


P 


297 


p 


.... 


875 




840 




859 


1 


769 




720 


1 


680 


1 


718 


1 




926 




818 


1 


846 


1 


753 




695 


1 


632 


1 


641 


1 



300 



MANUAL OP THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


STRAFFORD 
COUNTY. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Barrington 


1 655 


1 


2470 


1 


2 773 


2 


3 564 


2 


1 610 


1 


1 895 


Dover 


1,666 


1 


1,998 


1 


2,062 


l 


2,228 


1 


2,871 


1 


5,449 


Ward i 
























Ward 2 .. 
























" Ward 3 
























" Ward 4 
























" Ward 5 
























Durham 


1 214 


1 


1,247 




1 126 


1 


1,449 


1 


1 538 




1,608 


Farmington 










1,029 


1 


1,272 


1 


1,716 




1,464 


Lee 


954 


1 


1,029 




978 


1 


1,329 


1 


1,224 




1,009 


Madbury . 


677 




592 




544 


1 


582 


1 


559 




510 


Middleton 


233 


c 


617 




431 


c 


439 


c 


482 




562 


Milton 














1,005 


1 


1,232 




1,273 


New Durham 


286 


c 


554 


c 


742 


c 


888 


1 


1,168 




1,162 


Rochester . . 


1,548 


1 


2,857 


1 


2,646 


2 


2,118 


1 


2,471 


9 


2,155 


' Ward 1 
























4 Ward 2.. 
























' Ward 3 
























' Ward 4 
























' Ward 5 
























Ward 6 
























Roll nsford ... 
























Somers worth 


965 


1 


943 


1 


932 


1 


878 




841 


1 


3,090 


" Ward 1 
























" Ward 2 
























Ward 3 
























" Ward 4 
























" Ward 5 
























Strafford 


















2,144 


1 


2,200 



























MANUAL OP THE CONSTITUTION. 



301 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


OB 

I 
c8 

1 
I 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


1 
4 


1,844 
6 458 


1 
4 


1,752 
8,196 


1 
6 


1,963 
8,502 


2 
7 


1,581 


2 


1,497 


1 


1,408 


1 


1,208 


1 
















742 


1 


1,874 


? 


2,222 


2 


2,387 


2 
















2,880 


9 


2,596 





3,007 


3 


3,018 


3 
















4 639 


1 


2 224 


2 


2 276 


2 


2 384 


2 
















1,033 


1 


2,950 


a 


3,348 


3 


3,851 


3 




















2 043 


2 


1 937 


2 


1 567 


1 


1 
1 
1 
1 
1 
1 
1 
2 


1,498 
1,380 
926 
489 
482 
1,322 
1,032 
2 431 


2 


1,497 
1,699 
862 
483 
476 
1.629 
1,049 
3 006 


l 
2 

1 
1 

2 


1,534 
2,275 
871 
496 
530 
1,862 
1,173 
3 384 


1 
2 
1 
1 
1 
2 

1 
13 


1,298 
2,063 
776 
408 
476 
1,598 
973 
4 103 


1 

2 
1 

"i' 
i 

4 


962 
3,044 
715 
397 
355 
1,516 
772 
5 784 


1 
3 
1 
P 
C 
1 
1 
5 


871 
3,064 
606 
367 
207 
1,640 
579 
7 396 


1 
3 

P 
P 
1 
P 
g 


996 
2,265 
545 
336 
300 
1,625 
625 


1 

2 
P 
P 
P 
1 
1 




























1,131 


1 




























1,222 


1 




























1,517 


1 




























1.894 


2 




























964 


1 




























1,738 


1 








1 862 


1 


2 069 




1,500 


1 


1,712 


1 


2,003 


2 


1,701 


1 


2 


3 283 


2 


4 943 


3 


4 787 


4 


4 504 


4 


5 586 


5 


6 207 


5 
































1,285 


1 




























1,167 


1 




























1,104 


1 




























2,183 


1 




























1,284 


2 


2 


2,021 


2 


1,920 


2 


2,047 


2 


1,669 


2 


1,531 


1 


1,304 


1 


1,040 


1 



302 



MANUAL OF THE CONSTITUTION. 











1 


















1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 






CO 




CO 




00 




05 




. 




BELKNAP 












03 
> 




Oi 




> 




COUNTY. 


d 


" 


a 


1 


d 


| 





1 


^ 


"8 


a 




o 


"g 





~(H 


o 


C 





C 


.2 


a 


c 




3 


w 





o 





| 


c3 




d 


5 


H 




3 


2 




g 








2 




2 


^ 




f 


I 


a 
1 


I 


a 
1 


i 


a 
o 

CLl 


a 


I 


I 


I 


Alton [1] 


* 100 


c 


*445 


c 


*721 


c 


*1,279 


1 


*2,058 


1 


*1,993 


Barnstead 


*252 


c 


*807 


1 




1 


*1,477 


1 


*1,805 


1 


*2,047 


Belmont [2l 










' 














Center Harbor 










*263 


c 


*349 


c 


*48G 


c 


*577 


Gilford 


















*1,816 


1 


*1,872 


Gilmanton 


*775 


1 


*2,613 


1 


*3,752 


2 


*4,338 


9 


*3,527 




*3,816 


























Ward 1 
























Ward 2 
























Ward 3 
























Ward 4 
























Ward 5 
























Ward 6 
























Meredith 


*259 




*881 


c 


*1,609 


1 


*1,940 


1 


*2,416 


1 


*2,683 


New Hampton 






*652 




*1 095 






c 


*1,500 


c 


*1,904 


Sanbornton 


*450 


1 


*1,587 


1 


*2,695 


1 


*2,884 


2 


*3,329 


?, 


*2,866 


Tilton 

















































*Straiford County. 

1. Alton. Formerly known as New Durham Gore. Incorporated as Alton 
1796. 

2. Belmont. Set off from Gilnianton as Upper Gilmanton, 1859. Name 
changed to Belmont, 1869. 



MANUAL OP THE CONSTITUTION. 



303 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


s 




i 




i 




8 




8 




i 




i 




o> 


5 


.2 


"cl 

s 


I 


a 

A 


a 

o 


B 

z 


| 


eg 

"c 


1 


s 


a 

.2 


I 


d 
o 
'-3 


| 


1 


05 


i 


2 


s 


o3 


$ 


S 


SI 


rt 


S 


3 





| 


02 


i 




s 


"3 





7| 


2 


3 


a? 




2 


rs 


g 


3 








ft 


a 


ft 


a 


ft 


a 


a 


ft 


<^. 




a 


& 


ft 


ft 


& 





& 





& 






1 


^ 







1 


a 


& 


& 


i 


*2,002 


9! 


1,795 


2 


2,018 


2 


1,768 


2 


1,476 


i 


1,372 


, 


1,500 


i 


2 


*1,945 


2 


1,848 


2 


1,885 


2 


1,543 


2 


1,296 


i 


1,264 


i 


1,072 


i 












1,189 


1 


1,165 


1 


1,226 


1 


1,142 


^ 


1,294 


i 


1 


* 579 


1 


543 


1 


484 


1 


446 


1 


521 


T' 


479 


P 


422 


P 


1 


*2,072 


2 


2,425 


2 


2,811 


3 


3,361 


3 


2.821 


2 


3,585 


3 


661 


i 


3 


*3,485 


3 


3,282 


3 


2,073 


2 


1,642 


2 


1,485 


1 


1,211 


1 


1,100 


i 












1,806 


1 


2,309 


2 


3,790 


3 


6,143 


5 
































414 


2 




























1,465 


2 




























1,073 


1 




























1,465 


2 




























1,488 






























2,137 




2 


*3,351 


3 


3,521 


3 


1,944 


2 


1,807 


2 


1,800 


2 


1,642 


1 


1,713 


1 


1 


*1,809 


1 


1,612 


1 


1,596 


1 


1,257 


1 


1,059 


1 


935 


1 


852 


1 


2 


*2,745 


3 


2,695 


3 


2,743 


2 


1,236 
1,147 


1 
1 


1,192 
1,282 


1 

1 


1,027 
1,521 


1 
1 


944 
1,926 


1 

2 






















I 











: Straff ord County. 



304 



MANUAL OF THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


CARROLL 
COUNTY. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Albanv [1] 




c 


*141 


c 


*264 


c 


* 194 


c 


* 209 


c 


* 325 


Bartlett 






t 248 




t 548 


c 


t 436 


c 


t 511 


c 


t 644 


Brookfield .... 










*504 


c 


* 657 


c 


* 690 


c 


* 671 


Chatham. 






t58 




t 183 




t 201 


c 


t 298 


c 


* 419 


Conway 


*273 


c 


*574 


c 


*705 


c 


* 1,080 


1 


* 1,365 


l 


* 1,601 


Eaton 




c 


*253 


c 


*381 


c 


* 535 


c 


* 1,071 


1 


* 1,432 


Emngham 


* 83 


c 


*154 




*451 


o 


* 876 


c 


* 1-368 




* 1,911 


Freedom . . . 
























Hart's Location 














t 35 




t 65 




t 33 


Jackson [2] 










t 180 


c 


t 244 


c 


t 363 


c 


t 515 


Madison 
























Moulton borough 
Ossipee [3] 


*272 
* 26 


c 
c 


*565 
*339 


c 

c 


*857 
*804 


c 
c 


* 994 
* 1,205 


1 
1 


*1,279 
*1,793 


1 
1 


* 1,422 
* 1,935 


Sandwich 


*245 


(3 


*905 


c 


*1 413 




*2 232 


1 


*2,368 


9 


*2,743 


Tamworth . 


*151 


c 


*266 


c 


*757 


c 


* 1,134 


1 


*1,442 




* 1,554 


Tuf tonborough. . . 




C 


* 109 


c 


*357 


c 


* 709 


1 


*1,232 


1 


* 1,375 


Wakefield 


*320 


c 


*646 




*835 


1 


* 1,166 


1 


*1,518 


1 


* 1,470 


Wolf eborough 


*211 


C 


*447 


c 


*941 


1 


* 1,376 


1 


*1,794 


1 


* 1,928 



* Strafford County. 
t Coos County. 

[11 Albany. Incorporated as Burton, 1766. Name changed to Albany in 1833. 
[2] Jackson. Incorporated as Adams, 1800. Name changed to Jackson, 1829. 
[3] Ossipee. Formerly known as Ossipee Gore. Incorporated as Ossipee, 1785. 



MANUAL OF THE CONSTITUTION. 



305 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


00 
<0 




i 




SB 




1 




1 




00 
<D 




8 




1 


1 


^ 


i 


j 


' 


d 


? 


d 


1 


d 


1 


d 


'-5 


j 


3 


"a 


.2 


a 


1 


a> 


.2 


1 


o 


0> 


o 
33 


C 


.2 


"S 


3 












as 


"cl 


a; 




SO 






ci 








2 


"5 


c 


^ 




13 


2 


^ 


2 


Tj 


2 




C 


^ 


2 


I 


1 


I 


1 


1 


I 


ft 





I 


1 


I 


ft 

1 


i 


1 


A 
1 


c 


* 406 


c 


455 


1 


430 


.,.. 


339 


j 


361 


c 


377 




210 


p 


c 


t 706 


1 


t 761 


1 


735 




629 


i 


* 1,044 


l 


1,247 


i 


1,013 


i 


1 


553 


l 


552 


1 


510 


i 


416 




428 


c 


349 


p 


296 


P 


c 


523 


c 


516 


1 


489 


i 


445 


Y 


421 


p 


329 


p 


267 


P 


1 


1,801 




1,767 


1 


1,624 


2 


1,607 


2 


2,094 


2 


2,331 


2 


3,154 


3 


1 


1,710 


"i" 


1,743 


1 


780 


1 


657 


1 


629 


1 


514 


p 


365 


p 


1 


1,195 


i 


1,252 


1 


1,209 


1 


904 


1 


865 


1 


720 


1 


600 






926 


l 


910 


1 


917 


1 




1 


714 


1 


630 


1 


594 


' P 




t 44 


c 











26 


c 


70 


c 


187 


p 


38 


p 


c 


t 584 


c 


t 589 


c 


631 


1 


474 


1 


464 


c 


579 


P 


624 


1 












826 


1 


646 


J 


586 


.-, 


554 




529 




1 


* 1,752 




1,748 


i 


1,448 


1 


1,299 


1 


1,254 


1 


1,034 


1 


901 


1 


.... 


* 2,170 


2 


2,123 


2 


1,997 


2 


1,822 


2 


1,782 


1 


1,630 


1 


1,479 


I 


2 


* 2,625 


2 


2,577 


2 


2,227 


2 


1,854 


2 


1,701 


1 


1,303 


1 


1,077 


1 


1 


* 1,717 


1 


1,766 




1,673 


2 


1,344 


1 


1,274 


1 


1,025 


1 


1,050 


1 


1 


* 1,281 


1 


1,305 


i' 


1,186 


1 


949 


1 


923 


1 


767 


1 


663 


1 


1 


* 1,396 




1,405 


i 


1,478 


1 


1,185 


1 


1,392 


1 


1,528 


1 


1,645 


1 


1 


*1,918 





2,038 


2 


2,300 


2 


1,995 


2 


2,222 


2 


3,020 


3 


2,390 


2 



* Strafforcl county. 

t Coos county. 

i The returns for Halt's Location were given with Bartlett for 1880. 



306 



MANUAL OF THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


MEKRIMAGK 
COUNTY. 


Population. 


08 
1 
1 


Population. 


Representatives. 


Population. 


Representatives. 


d 

o 


Representatives. 


Population. 


Representatives. 


Population. 


Allenstown 


* 149 




* 254 


c 


* 315 


c 


* 346 


c 


* 433 


1 


481 


Andover 


-; 179 




t 645 




t 1,133 


1 


1 1,259 




1 1,642 


1 


1,324 


Boscawen. 


t 585 




1 1,108 


1 


T 1,414 


1 


1 1,829 




1 2,113 


1 


2,093 


Bow 


* 350 


_ 


* 568 




* 719 


c 


* 729 


c 


* 935 


1 


1,065 


Bradford 






t 217 




t 740 


c 


1 1,034 




1 1,318 


1 


1,285 


Canterbury 


* 723 


c 


* 1,038 


1 


* 1,114 


1 


* 1,526 




* 1,696 


1 


1,663 


Chichester. 


* 418 


c 


* 491 


c 


* 775 


1 


* 951 




* 1,010 


1 


1,084 


Concord 


* 1,052 




* 1,747 


1 


* 2,052 


1 


* 2,393 


2 


* 2,838 


2 


3,727 


" Ward 1 
























Ward 2 
























Wards 
























Ward 4 
























Ward 5 
























Ward 6 
























Ward 7 
























Wards 
























Ward 9 
























Danbury 






\ iii 




t 165 


c 


I 345 


c 


I 467 


C 


t 786 


Dunbarton 


t 497 


p 


t 917 




1 1,222 


1 


1 1,256 


1 


1 1,450 




1,067 


Epsom. 


* 387 




* 799 


c 


*1,034 


1 


*1,156 


1 


* 1,336 


1 


1,418 


Franklin. . 






















1,370 


" Ward 1 
























" Ward 2 
























Ward 3 
























Henniker 


t 367 


c 


1 1,127 


c 


1 1,476 


1 


1 1,608 


1 


ti,900 


1 


1,725 


Hillfl] 


$ 196 




$ 312 




J 615 


c 


J 895 


1 


$ 971 


1 


1 1,090 
























880 




1 1 085 


1 


tl 715 


J 


t2 015 


1 


1 2,216 


1 


t 2,437 


i 


2,474 


Loudon 


* 349 


1 


* 1,084 


1 


* 1,279 


1 


* 1,472 


1 


* 1,694 


1 


1,642 


Newburv T2l 


t 130 




t 331 




t 526 


c 


t 563 


1 


t 874 


1 


798 


New London 






t 311 




t 617 


c 


t 692 


1 


t 924 


1 


913 


Northfield 




c 


* 606 


1 


* 925 


1 


* 1,057 


1 


*1,304 


i 


1,169 


Pembroke 


* 744 




* 956 




* 982 


1 


*1,153 


1 


* 1,256 


1 


1,312 


Pittsfield 




c 


* 888 


c 


* 987 


1 


* 1,050 


1 


* 1,178 


1 


1,271 


Salisbury 


t 498 


1 


tl 372 




1 1,767 


1 


it 1,913 


1 


1 2,016 


1 


1,379 


utton[3].. 




c 


t 520 




t 878 


c 


it 1,328 


1 


1 1,573 




1,424 


Warner . . . 


t 262 


c 


t 863 


1 


t 1,569 


1 


it 1,838 


1 


1 2,246 


i 


2,221 


Webster [4] 
























Wilmot 














t 298 


c 


t 670 


1 


834 



























* Rockingham County, t Hillsborough County. I Grafton County. 

1] Hill. Incorporated as New Chester, 1778. Name changed to Hill, 1837. 
2] Newbury. Incorporated as Fishersfield, 1778. Name changed to Newbury, 



1 
[3] Sutton. Granted as Perrystown, 1749. Incorporated as Sutton, April, 

17R4- 

[4] Set off from Boscawen and incorporated July 3, 1860. 



MANUAL OF THE CONSTITUTION. 



307 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


l 
l 

o. 

i 
i 
i 
i 

3 


455 
1,168 
1,965 
1,001 
1,331 
1,643 
1,028 
4 897 


1 
1 
2 
1 
1 
1 

.1 


526 
1,220 
2,063 
1,055 
1,341 
1,614 
997 
8 576 




414 
1,243 
2,274 
909 
1,180 
1,522 
1,041 
10 896 


1 
1 
1 
l 

1 
10 


804 
1,206 
1,637 
745 
1,081 
1,169 
871 


1 

1 
1 
1 

1 


1,707 
1.204 
1,381 
734 
950 
1,033 
784 




1,475 
1,090 
1,487 
725 
810 
964 
661 


1 

1 
1 

l 
1 


1,496 
1,179 
1,455 
617 
805 
821 
598 


l 

l 
l 
l 
l 

l 
P 
















1,439 




1,521 


1 


1,848 


9 


1,911 


2 
















829 


1 


762 


1 


853 


1 


753 


1 
















717 


1 


883 


1 


1,025 


1 


1,043 


I 
















2,859 


3 


3,490 


3 


4,874 


4 


3,644 


3 
















2,232 


2 


2,436 


2 


2.567 


? 


2,609 


2 
















2,726 


2 


3,130 


3 


3,504 


3 


3,390 


3 
















1,439 


1 


1,621 


1 


2,333 


9, 


3,178 


3 




























1,212 


1 




























1,892 


2 


i 

i 
i 
i 


* 800 
950 
1,205 
1 280 


! 

1 
1 


* 934 
915 
1,366 
1 251 


1 
1 
l 


* 947 
901 
1,216 
1 600 


1 
1 
1 

2 


* 796 
778 
993 
2 301 


1 
1 

1 
3 


760 
708 
909 
3,265 


1 

1 
1 
3 


683 
524 
815 
4,085 


1 
P 
1 

s 


654 
551 
771 


I 

? 




























1,572 


1 





























2,365 


2 




























1 909 


2 


i 

i 
i 
i 
i 

i 

2 


1,715 
* 999 
1,175 
2,455 
1,640 
816 
1,019 
1,413 
1,336 
1,719 
1,329 
1,362 
2,139 


1 
1 

| 1 
1 

} 

"i* 

i i 

2 


1,688 
* 954 
1,503 
2,169 
1,552 
738 
945 
1,332 
1,733 
1,828 
1,228 
1,387 
2,038 


2 
1 

* "2' 
2 
1 
1 
1 
1 
2 
1 
1 
2 


1,500 
* 918 
1,257 
2,178 
1,638 
698 
952 
1,051 
1,313 
1,838 
1,191 
1,431 
1,970 


2 
1 

1 

' *2 
1 
1 
1 
1 
1 
1 
1 
2 
1 


1,288 
620 
1,330 
1,814 
1,282 
601 
959 
833 
2,518 
1,600 
897 
1,155 
1,667 
689 


1 
1 
1 

2 
2 

1 
1 

2 
2 
1 
1 
2 
1 


1,326 
667 
1,766 
1,836 
1,221 
590 
875 
918 
2,797 
1,974 
795 
993 
1.537 
647 


1 
1 
1 
2 
1 
P 
1 
1 
2 
2 
1 
1 
1 
1 


1,385 
548 
1,893 
1,817 
1,000 
487 
799 
1,115 
3,172 
2,605 
655 
849 
1,383 
564 


1 
P 

2 
2 
1 
P 
I 
1 
3 
2 
1 
1 
1 
P 


1,507 
603 
1,665 
1.652 
960 
424 
768 
1,227 
3,183 
2,129 
C04 
776 
1,358 
496 


1 
1 
1 
1 
P 
1 
1 
3 
2 
1 
1 
1 
P 


1 


1,212 


1 


1,272 


1 


1,195 


1 


1,072 


1 


1,080 


1 


840 


1 


653 


1 



* Grafton county. 



308 



MANUAL OF THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


HILLSBOROUGH 
COUNTY. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Amherst 


1,428 


1 


2,369 


1 


1,470 


1 


1,554 


1 


1,022 




1,657 






c 


528 


c 


1,059 


c 


1,277 


0, 


1,330 




1,309 


Bedford 


495 


c 


898 


1 


1,182 


1 


1,296 




1,375 




1,554 


Bennington 
























Brookline [1] ... 




c 


338 




454 




538 




592 




627 


Deering 




c 


928 


c 


1,244 


1 


1,363 




1,415 




1,227 


Francestown 
Goff stown 


200 
831 


.... 


982 
1,275 




1,355 
1,612 


l 
1 


1,451 
2,000 




1,479 
2,173 




1,540 
2,213 


Greenlield 










934 


c 


980 


c 


974 




946 


























Hancock 




c 


634 


c 


1,120 


1 


1,184 




1,178 


1 


1,216 


Hillsborough 




c 


798 


c 


1,311 


1 


1,592 




1,982 


1 


1,792 


Hollis 


1,255 


1 


1,441 


1 


1,557 


1 


1,529 


1 


1,543 


1 


1,501 


Hudson [2] 


649 


1 


1,064 




1,267 


1 


1,376 


1 


1,227 


1 


1,282 


Litchfield 


284 




357 




372 




382 


c 


465 


1 


505 


Lyndeborough 
Manchester m 
Ward 1 


713 

285 


1 


1,280 
362 


1 


976 
557 


1 


1,074 
615 


1 

c 


1,168 
761 


1 
1 


1,147 

877 


Ward 2 
























Ward 3 
























Ward 4 
























Ward 5 
























Ward 6 
























Ward 7 
























Ward 8 
























Ward 9 
























Ward 10 
























Mason 


501 


c 


922 




1,179 


1 


1,077 


1 


1,313 


1 


1,403 


Merrimack.. . 


606 


c 


819 




926 


1 


1,048 


1 


1,162 


1 


1,191 


Mil ford 










939 


c 


1,117 


1 


1,243 


1 


1,303 


Mont Vernoii 










680 




762 


1 


729 




763 


Nashua [4] 


705 


1 


632 




862 


J 


1,049 


1 


1,142 


1 


2,417 


Ward 1 
























Ward 2 
























Ward 3 
























Ward 4 
























Ward 5 
























Ward 6 
























Ward 7 
























Ward 8 
























Ward q 
























New Boston 


569 




1,202 




1,491 


1 


1,619 


1 


1,686 


1 


1,680 


New Ipswich 


960 


1 


1,241 


1 


1,266 




1,395 


1 


1,278 


1 


1,673 


Pelham 


* 749 


1 


*791 




* 918 


1 


* 998 


1 


* 1,040 


1 


1,075 


Peterborough . . 


546 


c 


861 


c 


1,333 


1 


1,537 


1 


1,500 


1 


1,984 


Sharon ., 






259 




428 




446 




391 


1 


371 


Temple . 


491 


c 


747 




867 


1 


941 


1 


752 


1 


647 


Weare 


837 


1 


1,924 




2,517 


1 


2,634 


?. 


2,781 


2 


2,430 


Wilton . 


623 


1 


1,105 


1 


1,010 


1 


1,017 


1 


1,070 


1 


1,041 


Windsor 






120 




249 


c 


?M 


c 


237 


C 


226 



























* Rockinghaui County. 

[1] Brookline. Incorporated as Raby, 1769. Name changed to Brookline, 
1798 

[2] \Hudsoti. Incorporated as Nottingham West, 1746. Name changed to 
Hudson, July 1, 1830. 



MANUAL OF THE CONSTITUTION. 



309 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


o 
4 

o, 
o 

PH 


i 
i 






a 

o 

1 
PM 


Representatives. 


j 

I 


Representati ves. 


Population. 


Representatives. 


Population. 


Representatives. 


1 
1 
1 

"i" 
l 
1 

2 
1 


1,565 
1,225 
1,555 

'652 
1,124 
1,307 
2,376 
834 


1 
1 

"i" 

i 

i 

cy 

1 


1,613 
1,143 
1,905 
541 
718 
830 
1,114 
2,270 
716 


1 
1 

2 
1 
1 
1 
1 
2 
1 


1,508 
1,123 
1,172 
450 
756 
793 
1,082 
1,740 
692 


i 
i 
i 
i 
i 
i 
i 

2 
1 


1,353 
904 
1,221 
401 
741 
722 
932 
1,656 
527 


1 

1 
1 
1 
1 
1 
1 
2 
1 


1,225 
1,172 
1,204 
443 
698 
674 
937 
1,699 
649 
1,072 


1 

\ 

1 

1 
1 
1 
1 


1,053 
1,248 
1,102 
542 
548 
531 
837 
1,981 
607 
1,255 


1 
1 
1 
P 
P 
P 
1 
2 
1 
1 


1,231 
1,366 
1,148 
667 
505 
486 
693 
2,528 
605 
1 608 


1 
1 
1 
1 
1 
P 
1 
2 
1 
1 


1 
1 
1 
1 
1 


1,345 
1,807 
1,333 
1,148 
480 
1,032 
3,235 


1 

2 

1 

! 

1 

1 


1,012 
1,685 
1,293 
1,312 
447 
968 
13,932 


1 
2 
1 
1 
1 

10 


844 
1,623 
1,317 
1,222 
352 
823 


1 
2 
1 
1 
1 
1 


692 
1,595 
1,079 
1,066 
345 
820 


1 
2 
1 
1 
1 
1 


689 
1,646 
1,077 
1,045 
291 
818 


1 
1 
1 

1 
P 


637 
2.120 
1,000 
1,092 
252 
657 


1 
2 
1 
1 
P 
1 


642 
2,254 
910 
1,261 
243 
686 


1 
2 
1 
1 
P 
1 












3 364 


o 


4 084 


2 


2,692 


2 


3 858 


3 


3 625 


3 












2,504 


2 


2,460 


2 


2,421 


? 


3,488 


3 


5.501 


5 












3.102 


s 


4 296 


4 


6,200 


5 


7,132 


6 


7 320 


6 












3,442 


3 


4.073 


3 


5,981 


5 


6,837 


6 


6,922 


6 












3,200 


2 


3 170 


3 


6,845 


6 


7,551 


6 


9,094 


8 












2 863 


2 


3 253 




3 83 


3 


4 665 


4 


4 880 


4 












1,031 


1 


1 660 


1 


2,417 


o 


2,194 


2 


1,757 


5 












511 




540 


1 


2,791 


2 


8,401 


7 


5,508 


1 




























7,986 


7 




























4 394 


4 


1 
1 
1 
1 
2 


1,275 
1,114 
1,455 
720 
6 054 


1 
1 
4 


1,626 
1,250 
2,159 
722 
5 820 


1 
1 

2 

4 


1,559 
1,119 
2,223 
725 
10 065 


1 
2 
1 
10 


1,364 
1,066 
2,606 
601 


"!' 


645 
1,042 
2,398 
517 


1 
1 
2 
P 


6-29 
951 
3,014 

479 


1 
1 
3 
P 


459 
1,234 
3,739 
453 


P 
1 
3 
P 
















1,163 


1 


1,415 


1 


2,020 


2 


2,384 


2 
















1,376 


1 


1,361 


1 


1,823 


2 


2.274 


2 
















767 


1 


1,376 


1 


2,464 


2 


3,476 


3 
















718 


1 


1,205 


1 


1,438 


1 


1,570 


1 
















1,884 


?, 


1.730 


1 


1,653 


1 


1.651 


1 
















2,494 


2 


3,527 


3 


5,138 


4 


1,440 


1 
















1,204 


1 


1,456 


1 


2,604 


2 


3,477 


3 
















937 


1 


1,327 


1 


2,171 


2 


3,082 


3 




























4.544 


4 


1 
1 
1 
1 
1 
1 
2 
1 
C 


1,569 
1.578 
1,003 
2,163 
251 
576 
2.375 
1,033 
177 


1 

1 

2 

5 

9 
1 
C 


1,477 
1,877 
1,071 
2,222 
226 
579 
2,435 
1,161 
172 


1 

2 
1 
1 
1 
1 
2 
1 
1 


1,369 
1,701 
944 
2,265 
250 
501 
2,310 
1,369 
136 


2 
1 
2 

'i' 

2 


1,241 
1,380 
861 
2,236 
182 
421 
2,092 
1,974 
81 


i 
i 
i 

2 
1 

1 

2 
2 

1 


1,144 
1,222 
848 
2,206 
203 
402 
1,829 
1,747 
65 


1 
1 
1 

2 

P 

P 

1 


1,067 
969 
791 
2,507 
137 
342 
1,550 
1,850 
62 


1 
1 

1 
2 
P 
P 
1 
2 
P 


1,002 
911 

875 
2,527 

313 

1,553 
1,696 
38 


1 

1 
2 
P 
P 
1 
1 
P 



[3] Manchester. Incorporated as Derryfield, 1751. Name changed to Man- 
chester. 1810. 
[4] Nashua. Incorporated as Dunstable, 1746. Name changed to Nashua, 



310 



MANUAL OF THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


CHESHIRE 
COUNTY. 


Population . 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


i 

"c| 

ft 




Population. 


Representatives. 


Population. 


Alstead 


317 


1 


1,111 


1 


1 666 


1 


1 694 


i 


1 611 


1 


1,559 


Chesterfield 


874 


1 


1,905 


1 


2,161 


1 


1,839 


1 


2 110 


1 


2,046 


Dublin 


305 


c 


901 


c 


1 188 


1 


1 184 


i 


1 2GO 


1 


1,218 


Fitzwilliam . 




c 


1,038 




1,240 


1 


1,301 


i 


1,167 


1 


1,229 


Grilsum 


178 


<3 


298 


c 


484 


f; 


513 


c 


601 


c 


642 


Harris ville [2] 
























Hinsdale 






522 




634 


1 


740 


1 


890 


1 


937 


Jaffrey 


351 


1 


1,235 


1 


1,341 


1 


1,336 


1 


1 339 


1 


1,354 


Keene 


756 


1 


1,314 


1 


1,645 


1 


1,646 


1 


1,895 


1 


2,374 


Ward 1 
























Ward 2 
























Ward 3 
























Ward 4 
























Ward 5 
























Marlborough 


322 


c 


786 




1,185 


1 


1,142 


1 


766 


1 


822 


Marlovv 


207 


c 


313 


c 


543 


C 


566 


1 


597 


1 


645 


Nelson [l] 


186 


c 


721 


c 


977 


1 


1,076 


1 


907 


1 


875 


Richmond 


864 


1 


1,380 




1,390 


1 


1,290 


1 


1,391 


1 


1,301 


Rindge 


542 




1 143 


1 


1,196 


1 


1,226 


1 


1,298 


1 


1,269 


Rox bury 


















366 


l 


322 


Stoddard 


224 


c 


701 


c 


1,148 


1 


1,132 


1 


1,203 


1 


1,159 


Sullivan 






220 


c 


488 


1 


516 


1 


582 


1 


555 


Surry 


215 


c 


448 


c 


569 


c 


564 


c 


570 


o 


539 


Swanzey . .... 


647 


1 


1,157 


1 


1,271 


1 


1,400 


1 


1,716 


1 


1,816 


Troy 


















676 


1 


676 


Walpole 


658 




1 245 


1 


1,743 


1 


1,894 


1 


2,020 


1 


1,979 


Westmoreland 


758 


1 


2,018 


1 


2,066 


1 


1,937 


1 


2,029 




1,647 


"Winch ester 


7238 


1 


1 209 


1 


1,413 


1 


1,478 


1 


1,849 


1 


2,052 



























[1.] Nelson. Incorporated as Packersfield, 1774. Name changed to Nelson, 
1814. 

[2.] This town was incorporated July 2, 1870, the day after the ninth census 
was taken. 



MANUAL OF THE CONSTITUTION. 



311 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


i 




1 




I 




O3 

9 




i 




1 




GO 
V 




i 


1 


a 


1 


| 


1 

C 


d 

o 

eS 


1 


C 

.2 

31 


| 


a 
8 


1 



8 


i 


| 


i 


9^ 


T^ 


"t* 


'3 


H 


*"^ 





^ 


S 


13 


2 


*^ 


si- 


*3 


2 


a 


P. 


ft 


P. 


a 


Pi 


P. 


p, 


p. 


P, 


P. 


p 


ft 


| 


P, 







a 










> 
- 





a 





a 


S, 


a 


1 


a 


i 


1,454 


i 


1,425 


i 


1,318 




1,213 


i 


1,037 




870 


i 


799 


i 


i 


1,765 


2 


1,680 


i 


1,434 




1,289 


i 


1,173 




1,046 


i 


981 


i 


i 


1,075 


1 


1,088 




1,096 




930 


i 


456 


i 


582 


P 


620 


i 


i 


1.366 


1 


1,482 




1,294 




1,140 


i 


1.187 




1,122 


i 


987 


i 


i 


656 


1 


668 




676 




590 


i 


663 




643 


i 


590 


P 


















i 


870 




748 


-i 


791 


i 


i 


1,141 




1,903 




1,312 


1 


1,342 


i 


1,868 




2,258 


2 


1,933 


2 


i 


1,411 


i 


1,497 




1,453 


1 


1,256 


i 


1,267 




1,469 


1 


1,891 


2 


2 


2,610 


2 


3,392 


3 


4,320 


4 


5,971 


6 
































1,732 




1,811 


2 


2,488 


2 





















1,091 




1,384 


1 


1,896 


2 




















1,479 




1,671 


1 


1,926 


2 




















1,165 




1,215 


1 


1,384 


1 




















1,317 




1,365 


1 


1,471 


1 


1 


831 




887 




915 


1 


1,017 




1,286 




1,695 




1,524 


1 


1 


626 




708 




813 


1 


716 




701 




584 


p 


488 


P 


1 


835 




750 




699 


1 


744 




438 




332 


P 


295 


P 


1 


1,165 




1,128 




1,015 


1 


868 




669 




476 


p 


459 


P 


1 


1,161 




1,274 




1,231 


1 


1,107 




934 




996 


1 


855 


1 


1 


286 




260 




212 


1 


174 




126 


c 


129 


P 


100 


P 


1 


1,006 




1,105 




944 


1 


667 




553 


c 


400 


p 


367 


P 


1 


496 




468 




376 


1 


347 




382 


c 


337 


P 


287 


P 


1 


481 




556 




389 




318 




326 


c 


270 


P 


250 


P 


1 


1,755 




2,106 


2 


1,798 


2 


1,626 


2 


1,661 


1 


1,600 


1 


1,570 


1 




683 




759 


1 


761 


1 


767 


1 


796 


1 


999 


1 


1,527 


1 


1 


2,015 


2 


2,034 


2 


1,868 


2 


1,830 


2 


2,018 


2 


2,163 


2 


2,693 


2 


1 


1,546 




1,678 


1 


1,285 




1,256 


1 


1,095 


1 


830 


1 


875 


1 


1 


2,065 


2 


3,296 


2 


2,225 


2 


2,097 


2 


2,444 


2 


2,584 


2 


2,274 


2 



312 



MANUAL OP THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


SULLIVAN 
COUNTY. 


Population. 


Representatives. 


Population. 


i 

4^> 
tt 

fl 
1 
I 


Population. 


P 

a 


Population. 


Representatives. 


Population. 


05 

cS 

1 

1 

& 


d 

o 

cS 

a 


Acworth 




c 


t 704 


c 


t 1,376 


, 


1 1,523 


1 


1 1,479 


1 


1,401 


Charlestown 


t594 


1 


1 1,093 


1 


1 1,364 


c 


t 1,501 




1 1,702 


1 


1.773 


Claremont 


t523 


1 


1 1,435 


1 


1 1,889 


1 


1 2,094 


1 


t 2,290 


2 


2,526 


Cornish 


t309 


c 


t 982 




1 1,268 


1 


1 1,606 




1 1,701 


1 


1,687 


Croydon 


t!43 


c 


t 537 




t 984 


1 


t 862 




t 1,060 


1 


1,057 


Goshen 










t 383 


c 


t 563 




t 687 


r, 


772 


Granthani 


t 74 


c 


t 333 


o 


t 713 


c 


t 864 




1 1,032 


1 


1,079 


Lan^don 






t 244 




t 484 


c 


t 632 




t 654 


1 


667 


Leuipster 


t!28 


c 


t 415 


c 


t 729 


c 


t 854 




t 950 


1 


999 


Newport 


t!57 


o 


t 780 




1 1,266 


1 


1 1,427 




1 1,679 


1 


1,913 


Plainneld 


t308 




1 1,024 


1 


1 1,435 


1 


1 1,463 


j 


1 1,460 


1 


1,581 


gpj-iniield [I] 






t 210 


c 


t 570 


c 


t 814 


1 


t 967 


1 


1,202 


Sunapee [2] 


t 65 




t 267 




t 355 


c 


t 447 





t 603 





637 


Unity 


t!46 




t 538 




t 902 


1 


1 1,044 


1 


1 1,277 




1,258 


Washington 


t!63 


c 


t 545 


c 


t 


1 


t 820 


1 


t 992 


1 


1,135 



t Cheshire County. 

[1] Springfield. Granted 1769 as Protectworth. Incorporated as Springfield, 
1794. 

[2] Sunapee. Incorporated as Wendall, 1781. Name changed to Sunapee, 
July 12, 1850. 



MANUAL OF THE CONSTITUTION. 



313 



1831 


1840 


1841 


1750 


1851 


1860 


1861 


1870 


871 


1880 1 


881 


1890 


1891 


1900 


1901 


i 




05 

e 




i 








8 




< 




8 




1 


1 


.1 

45 


"3 


I 


1 


1 


> 
1 


1 


"c 


I 


sentati\ 


| 


eS 


c 
1 


1 










^ 





15 





3 


iL 







^ 







2 


P. 


& 


P. 


A 


p, 


P ( 


fk 




p, 


P < 


P. 


ft 




PI 


P. 





& 


1 


1 





1 





1 


& 





& 







1 


& 


1 


1,450 


i 


1,251 


i 


1,180 


i 


1,050 


i 


982 


i 


717 


i 


594 


P 


1 


1,722 


i 


1,644 


2 


1,758 


2 


1,741 


2 


1,587 


i 


1,466 


i 


1,473 


i 


2 


3,217 


3 


3,606 


3 


4,026 


4 


4,053 




4,704 


4 


5,565 


5 


6,498 


5 


1 


1,726 


1 


1,606 


1 


1,520 


1 


1,334 




1,156 


1 


954 


1 


962 


1 


1 


956 


1 


861 


1 


755 


1 


652 




608 


1 


512 


P 


372 


P 


1 


779 


, 1 


659 


1 


576 


1 


507 




511 


p 


384 


P 


345 


P 


1 


1,036 


1 


784 


1 


648 


1 


608 




540 


P 


424 


P 


374 


P 


1 


615 


1 


575 


1 


478 


1 


411 




364 


P 


305 


P 


339 


P 


1 


941 




906 


1 


820 


1 


678 




602 


1 


519 


P 


391 


p 


2 


1,958 


"i 


2,020 


2 


2077 


2 


2,163 




2,612 


2 


2,623 


2 


3,126 


3 


1 


1,552 


i 


1,392 


1 


1620 


2 


1,589 




1,372 


1 


1,173 


1 


1,114 


1 


1 


1,252 


i 


1,270 


1 


1 021 




781 




732 


1 


540 


P 


439 


P 


1 


795 


i 


787 


1 


778 


1 


808 




895 


1 


900 


1 


i 946 


1 


1 


1,238 


i 


961 


1 


887 


1 


844 




814 


1 


653 


1 


572 


P 


1 


1,103 


i 


1,053 


1 


897 


1 


839 




682 


1 


569 


P 


464 


P 



21 



314 



MANUAL OF THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


L811 


1820 


1821 


1830 


GRAFTON 
COUNTY. 


Population. 


Representatives. 


Population. 


Representatives. 

- - -- 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Alexandria 


137 


c 


298 


c 


303 


c 


409 


c 


707 


c 


1,083 


Ashland 
























Bath 


144 


c 


493 


c 


825 


1 


1,316 


j 


1,498 


^ 


1,626 


Benton [1] 






88 


c 


69 


c 


162 


_ 


315 


_ 


441 












171 


c 


422 




467 


c 


665 


Bridgewater 






281 


o 


664 


c 


1,104 


1 


727 


1 


783 


Bristol 


















675 


1 


799 


Campton 


190 


c 


395 




635 


c 


873 


1 


1,047 


1 


1,313 


Canaan 


67 


c 


483 


c 


835 


1 


1,094 


1 


1 198 


1 


1 428 


Dorchester. 




c 


175 




349 


c 


537 


c 


584 


c 


702 


Easton 
























Ellsworth [2]. 










47 


c 


142 


c 


213 


c 


234 


Enfield 


50 


c 


724 


c 


1,121 


1 


1,291 


1 


1,370 




1,492 


Franconia [3] 


29 


c 


72 




129 


c 


358 





373 


c 


443 


Graf ton 




c 


403 





682 


c 


931 


1 


1 094 


1 


1,207 


Groton [4j 


118 


c 


373 


c 


391 


c 


549 


c 


688 


c 


689 


Hanover 


434 


1 


1,380 


1 


1,912 


1 


2,135 


1 


2222 


9 


2,361 


Haverhill 


365 


c 


552 


c 


805 


c 


1,105 


1 


1 609 


1 


2 153 


Hebron 










281 


c 


563 


c 


'572 


c 


538 


Holderness 


172 


c 


329 




531 


c 


835 


1 


1,160 


1 


1,429 


Landaff .... 


40 




292 


c 


461 


c 


650 


c 


769 


1 


951 


Lebanon 


347 


1 


1,180 


1 


1,574 


1 


1,808 


1 


1.710 


1 


1,868 


Lincoln 






22 




41 


c 


100 


c 


32 


c 


50 


Lisbon [5] 


47 


c 


313 




663 


c 


1,126 




1,126 


1 


1,485 


Littleton [6] 




c 




e 


381 


c 


873 


1 


1 096 


1 


1,435 


























Lyman 




c 


202 


r. 


533 


c 


948 


1 


1 270 


1 


1,321 


Lyme 


252 


c 


816 




1,318 




1,670 


1 


1,824 


1 


1,804 


JVlon roe 
























Orange 




c 


131 


c 


203 


c 


229 


c 


298 


c 


405 


Orf ord 


222 


c 


540 


o 


988 


1 


1,265 


1 


1,568 


1 


1,829 


Piermont 


168 


c 


426 


c 


670 


c 


877 


1 


1 016 


1 


1,042 


Plymouth 


382 


c 


625 


c 


743 


1 


937 


1 


983 


1 


1,175 


Rumney 


237 


c 


411 


ir, 


624 


c 


765 


c 


864 


1 


993 


Thornton.. 


117 


c 


385 




535 


c 


794 


c 


857 


1 


1,049 


AVarren 






206 




336 




506 




544 


c 


702 


Waterville. 






















69 


Wentworth 




c 


241 


c 


488 


c 


645 


c 


807 


1 


924 


Woodstock [7] 










83 




203 




224 


c 


291 



























[1] Binton. Incorporated as Coventry, 1764. Name changed to Benton, De- 
cember, 1840. 

[2] Ellsworth. Granted as Trecothick, 1769. Incorporated as Ellsworth, 1802. 
[3] Franconia. Called Morristowu from 1772 to 1782. 
[4] Groton. Granted as Cockermouth, 1761. Name changed to Groton, 1796. 



MANUAL OF THE CONSTITUTION. 



315 

































1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 


00 

S 




i 




i 




P 




i 




i 




00 




8 


1 


o 


-M 


H 

O 


1 


| 


1 


B 

o 


i 

d 


.2 


i 


d 
c 


"eS 


c 


1 


w 


1 


1 


"rt 


03 


"rt 


00 


"cS 


05 


g 


i 


1 


S 


c 


3 


I 


1 


I 


1 


I 


1 


ft 




ft 


ft 




"3 

ft 


I 




ft 




I 


I 


1 


1,284 


1 


1,273 


j 


1,253 


j 


876 


1 


828 


i 


679 


i 


630 


1 
















885 


i 


960 


* 


1 193 








1 


1,595 


1 


1,574 


1 


1,366 


1 


1,168 


i 


1,032 


i 


'935 


. 

i 


1,'(X)6 


, 

1 


1 


413 


1 


478 


1 


459 


1 


375 


i 


378 


p 


244 




209 


p 


1 


779 


1 


950 


1 


896 


1 


998 


i 


1,400 


i 


1,267 


i 


1,261 


1 


1 


747 


1 


667 


1 


560 


1 


453 


i 


384 


c 


332 




244 


p 


1 
1 


1,153 
1,513 


1 


1,103 
1,439 


1 
1 


1,124 
1,320 


1 
1 


1,416 
1,226 


i 


1,352 
1,163 


1 


1,524 
982 


i 


1,600 
999 


1 
1 


1 


1,576 


1 


1,682 


2 


1,762 


2 


1,877 


2 


1,762 


1 


1,417 


i 


1,444 


1 


1 


769 


1 


711 


1 


691 


1 


689 


1 


585 


c 


379 




308 


p 




















302 


p 


248 




249 




C 


300 


C 


320 


C 


302 


C 


193 


C 


209 


c 


150 


P 


107 


p 
p 


1 


1,514 


1 


1,742 


2 


1,876 


2 


1,662 


9 


1,680 


1 


1,439 


i 


1,845 


2 


C 


523 


C 


584 


1 


708 


1 


549 


1 


550 


c 


594 




655 


1 


1 


1,201 


1 


1,259 


1 


1,150 


1 


907 


1 


934 


1 


787 


i 


748 


1 


1 


870 


1 


776 


1 


778 


1 


583 


1 


566 


c 


464 




346 


p 


2 


2,613 


2 


2,350 


2 


2,308 


2 


2,085 


2 


2,147 


2 


1,817 


2 


1,884 


2 


2 


2,784 


2 


2,405 


2 


2,291 


2 


2,271 


2 


2,455 


2 


2.545 


2 


3,414 


3 


1 


508 


1 


565 


1 


475 


1 


382 


1 


329 


C 


245 


p 


214 


p 


1 


1,528 


1 


1,744 


2 


1,765 


2 


793 


1 


703 


1 


595 


P 


662 


1 


1 


957 


1 


948 


1 


1,012 


1 


882 


1 


506 


C 


499 


p 


500 


p 


2 


1,754 


2 


2,136 


2 


2,322 


2 


3,094 


3 


3,354 


3 


3,763 


3 


4,965 


4 


C 


76 


C 


57 


C 


71 


C 


71 


c 


65 


C 


110 


p 


541 


p 


1 
1 


1,682 

1,778 


1 

2 


1,881 
2,008 


1 

2 


1,886 
2,292 


I 


1,844 
2,446 


2 
3 


1,807 
2,936 


2 
2 


2,060 
3,365 


2 
3 


2,221 
4,066 


2 
3 




















103 


P 


155 


I 


191 




1 


1,480 


1 


1,442 


1 


743 


1 


658 




654 


j 


543 


p 


426 


p 


2 


1,785 


1 


1,617 


1 


1,572 


2 


1,358 


"i 


1,313 


1 


1,154 


1 


1,080 


1 












619 




532 


"1 


504 




478 




545 






463 


1 


451 


i 


382 




340 


1 


335 


p 


245 


p 


213 


p 




1,707 


1 


1,406 


i 


1,255 




1,119 


1 


1,050 


1 


916 




890 


1 




1,057 


1 


948 


i 


949 




792 


1 


752 


1 


709 




637 


1 




1,281 


1 


1,290 


i 


1,407 




1,409 


1 


1,719 


1 


1,852 




1,972 


2 




1,110 


1 


1,109 


i 


1,103 




1,165 


> 


1,050 


1 


947 




837 


1 


1 


1,045 


1 


1,011 


i 


967 




840 


l' 


775 


1 


632 




552 


P 


1 


938 


1 


872 


i 


1,152 


1 


960 


1 


786 


1 


875 




799 


1 




63 




42 


c 


48 


C 


33 


c 


54 


C 


39 





50 


P 


i 


1,119 


"i" 


1,197 


l 


1,055 


1 


971 


1 


939 


1 


698 


1 


617 


1 


c 


472 


c 


418 


c 


476 


C 


405 


c 


367 


C 


341 


P 


628 


1 



[5] Lisbon. Granted as Concord, 1763. Re-granted as Gunthwaite, 1768. 
Name changed to Lisbon, 1824. 

[6] Littleton. This was a part of Chiswick, afterwards Apthorp. The last 
named town was incorporated as Littleton, 1784. 

[7] Woodstock. Incorporated as Peeling, 1763. Name changed to Wood- 
40. 



316 



MANUAL OP THE CONSTITUTION. 





1775 


1784 


1790 


1791 


1800 


1801 


1810 


1811 


1820 


1821 


1830 


COOS COUNTY. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


Representatives. 


Population. 


00 

1 



+a 

I 


Population. 


Representatives. 


Population. 


Berlin .. 






















73 


Ward 1 
























" Ward 2 . . 
























" Ward 3 
























Sarroll [l] 










18 




12 


c 


19 




108 


larks ville 
























Colebrook [2] 


* 4 


o 


29 


c 


160 


c 


325 


c 


470 


c 


532 


Columbia [3] 


*14 


c 


26 


c 


109 


c 


142 


c 


281 


c 


442 


Dal ton 


*50 






c 


62 


C 


235 




347 


c 


532 


Dummer 














7 




42 




65 


Errol 














38 




26 




82 


Gorham [4] 






qc 




45 




176 




295 




111 


Jefferson [5] 


4 


c 




c 


112 


c 


197 


c 


252 





495 


Lancaster .. 


*61 


c 


161 


c 


440 


C 


717 


c 


844 


1 


1,187 


Milan [6] 














14 




57 




243 


Millsfield 






















33 


Northumberland 
Pittsburgh] 


*57 


c 


117 


c 


205' 


C 


281 


c 


296 


c 


342 
301 


Randolph [8] 














62 




78 




143 


thelburne 












c 




c 




o 


312 


tark [9] 






48 


c 


140 


c 


211 





218 




236 


Ste wartsto wn 










99 


c 


186 


c 


363 


c 


529 


Stratford 


*41 


c 


146 


c 


281 


c 


339 


e 


335 




443 


AVentworth's Locat'n 






















36 


Whitefield .. 














51 




281 




685 



























* Graf ton County. 

[1.] Carroll. Granted as Bretton Woods, 1772. Incorporated as Carroll, 1832. 

[2-] Colebrook. Sometimes called Colburne. 

[3.] Columbia. Granted as Cockburne Town, 1770. Incorporated as Cock- 
burn, 1797. Name changed to Columbia, 1811. 

[4.] Gorham. Incorporated as Shelburne Addition, 1770. Name changed to 
Gorham, 1836. 

[5.] Jefferson. Granted as Dartmouth, 1765. Incorporated as Jefferson, 1796. 

[6.] Milan. Granted as Paulsburgh, 1771. Incorporated as Milan, 1824. 

[7.J Pittsburg. Formerly known as Indian Stream Territory. Incorporated 
as Pittsburg, Dec. 10, 1840. 

[8.] Randolph. Granted as Durand, 1772. Incorporated as Randolph, 1824. 

[9.] Stark. Incorporated as Piercy, 1795. Name changed to Stark, 1832. 



MANUAL OF THE CONSTITUTION. 



317 



1831 


1840 


1841 


1850 


1851 


1860 


1861 


1870 


1871 


1880 


1881 


1890 


1891 


1900 


1901 






3 




' 




, 




00 




02 




00 











<o 









3) 




< 








< 




<D 


























>- 






1 


1 


1 
1 


1 


sentati 


B 

o 


1 
1 


q 
o 

oJ 


1 


1 


1 

GO 


i 

1 


1 


8 


1 


2 


73 


2 


3 


2 


3 


2 


3 


2 


13 


2 


3 


2 


3 


g 


I 


i 


I 




I 


A 
1 


I 


1 


I 


J 


p< 
1 


I 


I 


p, 
1 


I 


c 


116 


c 


173 


c 


433 


c 


529 


c 


1,144 


i 


3,729 


3 
































3,076 


3 




























3,324 


3 




























2,486 


2 


c 


218 


c 


296 


c 


276 


c 


378 


c 


632 


i 


813 


1 


710 


1 




88 


c 


187 


c 


249 


c 


269 


1 


328 


c 


325 


p 


307 


p 


c 


743 


1 


908 


1 


1,118 


1 


1,372 


1 


1,580 




1,736 


1 


1,876 


2 


c 


620 


1 


762 


1 


798 


1 


752 


1 


762 


l 


605 


1 


690 


1 


1 


664 


1 


751 


1 


666 


1 


773 


1 


570 


P 


596 


P 


592 


P 


c 


57 


c 


171 


c 


289 


c 


317 


c 


464 


c 


455 


P 


349 


P 


c 


104 


c 


138 


c 


178 


c 


178 


c 


161 


c 


178 


p 


305 


p 


c 


156 


c 


224 


c 


907 


1 


1,167 


1 


1,383 


1 


1,710 


1 


1,797 


1 


c 


575 


c 


629 


1 


700 


1 


826 


1 


951 


1 


1,062 


1 


1,080 


1 


1 


1,316 


1 


1,559 




2,020 


.... 


2,248 


2 


2,721 


2 


3,373 


3 


3,190 


3 


c 


386 


c 


493 


c 


789 




710 


1 


895 


1 


1,029 


1 


1,135 


1 


(J 


12 


c 




c 






28 




62 


c 


62 


p 


41 




c 


399 


c 


429 


c 


736 


1 


955 


i 


1,062 


1 


1,356 


1 


1,977 


""2 




315 


c 


425 


c 


413 


c 


400 


i 


581 


c 


669 


1 


687 


1 


c 


115 


c 


113 


c 


118 


c 


138 


c 


203 


c 


137 


P 


137 


P 


c 


350 


c 


480 


c 


318 


c 


259 


1 


252 


c 


336 


P 


283 


P 


c 


349 


c 


418 


c 


426 


c 


464 


c 


690 


1 


703 




733 


1 


c 


630 


1 


747 


1 


771 


1 


909 


1 


958 


1 


1,002 


1 


1,150 


1 


c 


441 


c 


552 


c 


716 


1 


886 


1 


1,016 


1 


1,128 


1 


968 


1 




25 












38 




55 


c 


25 




61 




"i* 


751 


1 


857 


1 


1,015 


1 


1,196 


"i" 


1,828 


2 


2,041 


'"2 


2,157 


'"2 






318 



MANUAL OF THE CONSTITUTION. 



NUMBER OF REPRESENTATIVES RETURNED TO THE GENERAL 
COURT OF NEW HAMPSHIRE FOR EACH YEAR, 1784-1905. 

(Compiled from Journals of the House, State Papers, New Hampshire Regis 
ters and files of newspapers.) 



Year. 


No. 


Year. 


No. 


Year. 


No. 


Year. 


No. 


1784-5 


91 


1810-11 


180 


1840-1 


532 


1870-1 


335 


1785-6 


94 


1811-12 


175 


1841-2 


249 


1871-2 


329 


1786-7 


89 


1812-13 


179 


1842-3 


239 


1872-3 


361 


1787-8 


67 


1813-14 


184 


1843-4 


243 


1873-4 


356 


1788-9 


83 


1814-15 


179 


1844-5 


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 


1850-1 


288 


1881-3 


309 


1791-2 


88 


1821-2 


192 


1851-2 


282 


1883-5 


313 


1792-3 


96 


1822-3 


199 


1852-3 


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 


1856-7 


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 


1859-60 


305 






1800-1 


150 


1830-1 


223 


1860-1 


327 


1891-3 


352 


1801-2 


147 


1831-2 


230 


1861-2 


319 


1893-5 


359 


1802-3 


153 


1832-3 


228 


1862-3 


321 


1895-7 


363 


1803-4 


154 


1833-4 


227 


1863-4 


329 


1897-9 


357 


1804-5 


159 


1834-5 


203 


1864-5 


331 


1899-1901 


359 


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 






1808-9 


164 


1838-9 


247 


18(58-9 


332 






1809-10 


171 


1839-40 


246 


1869-70 


334 







14 DAY USE 

RETURN TO DESK FROM WHICH BORROWED 

LOAN DEPT. 

This book is due on the last date stamped below, or 

on the date to which renewed. 
Renewed books are subject to immediate recall. 



REC'D CP 



PEBA 1959 



General Library 
Univemiy^California 



UNIVERSITY OF CALIFORNIA LIBRARY