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MISCELLANEOUS

DOCUMENTS AND RECORDS

RELATING TO

NEW HAMPSHIRE

AT DIFFERENT PERIODS:

INCLUDING

I. Journal of the N. H. Convention which adopted the Federal Constitution, 1788.
II. Journal of the Convention which revised the State Constitution in 1791-1792.
III. The Great Controversy relating to the " New Hampshire Grants" (so called), 1749
to 1791 ; including troubles in border towns on both sides of the Connecticut river,
1781-1783.
IV. Letters, &c., of Committee of Safety, 1779 to 1784.

V. Census of 1773.
VI. Census of 1786. «

VII. Appendix, containing copies of Ancient Grants, &c., supplementary to Volume I.

PUBLISHED BY AUTHORITY OF THE LEGISLATURE OF NEW HAMPSHIRE.

VOLUME X.

COMPILED AND EDITED BY

NATHANIEL BOUTON, D. D.,

Corresponding Secretary of the Neio Hampshire Historical Society.

CONCORD, N. H.:

EDWARD A. JENKS, STATE PRINTER.
1877.

ISrOTICE.

JOINT RESOLUTION, passed by the Legislature of New Hampshire.

Resolved by the Seriate and House of Representatives i7i General
Cotcrt convened. That His Excellency the Governor be hereby author-
ized and empowered, with the advice and consent of the Council, to
employ some suitable person, and fix his compensation, to be paid out
of any money in the treasury not otherwise appropriated, to continue
the collection, compilation, and to superintend the publication of such
portions of the early State and Provincial Records, and other State
Papers of New Hampshire, as the Governor may deem proper, not
to exceed one volume ; and that eight hundred copies of the same be
printed by the State Printer and distributed as follows : namely, one
copy to each City and Town in the State, one copy to such of the
Public Libraries of this State as the Governor may designate, two
hundred copies to the New Hampshire Historical Society, and the re-
mainder to be in the charge of the State Librarian, who is authorized
to exchange the same for similar publications issued by other States.

Approved July i8, 1876.

EDITOE'S PEEFACE.

The publication of this tenth volume terminates my official
labors as editor and compiler of the Provincial and State
Papers of New Hampshire. The contents of the volume are
of permanent value, including articles never before published
in full. The Journal of the New Hampshire Convention in
178S, which ratified the constitution of the United States, and
that of the Convention in 1 791-2, which revised the state con-
stitution of 1784, furnish the names of the distinguished men
who composed those conventions, and mark an era in our
history of which the state may justly be proud.

The papers relating to the long controversy with New York
and Vermont, in respect of what w^ere called the '• New Hamp-
shire Grants," form a mass of material which, wrought into a
volume of history with like papers from other sources, will
equal if not surpass any story of our early times.

The letters, orders, &c., sent out by the Committee of Safety
during the latter years of the Revolution, furnish the best evi-
dence on record of the extreme jDrivations of the people, and
the noble patriotism which animated them. The census of
1773, ordered by Governor John Wentworth, and that of 17S6,
ordered by the General Assembly of the state, — neither of
which was ever before published, — exhibit comparatively the
growth of the state between those periods, and also show how
SLAVERY, as it existed in the province before the Revolution,
came to a quiet end. The Constitution of 17S4, in its Bill of
Rights, " spake, and it was done." Slavery vanished without

IV EDITORS PREFACE.

noise, without a single known civil suit, without a ripple of
disturbance or turmoil on the face of society.

In an Appendix to the foregoing Papers, the editor, with
advice of His Excellency, Governor Benjamin F. Prescott,
has thought proper to supplement the first volume of Provin-
cial Papers by several very important documents which have
recently been brought to light. One is what is called the
Squamscott Patent, or the Grant to Edward Hilton of land at
Dover Neck, where a settlement was begun in 1633 ; another
is the Grant of the Province of Laconia, Nov. 17, 1629, which
serves to correct a capital mistake made by our historian. Dr.
Jeremy Belknap, as to the name given to the grant to Gorges
and Mason, in August, 1622, and also the confusion in the first
chapter of his history respecting the Laconia Company and the
Wheelwright Indian Deed.*

In conclusion of his labors, the editor begs leave to renew
his acknowledgments of obligation and gratitude to the Hon-
orable Frederick Smyth, ex-Governor, upon whose recom-
mendation to the legislature the work was undertaken, and to
the several Governors of the state in succession, by whose
encouragement and favor, through eleven years, the work has
been carried forward ; also to the gentlemen, respectively, in
the ofl!ice of Secretary of State, who have afforded him every
desired accommodation to consult early records and papers ;
and no less to the iDresident and officers of the New Hamp-
shire Historical Society, whose advice has frequently been
sought.

However, some errors and imperfections may be detected in
the execution of the work, yet the editor is conscious of having
aimed to accomplish the great undertaking with entire impar-
tiality, and with strict accuracy in the transcript of original
records and documents, adding only such notes and explana-
tions as appeared to him necessary and just. It is gratifying
to the editor, and will be to the people of New Hampshire,
to know that the volumes, as they have been published one
after another, have become at once a standard authority for
reference in matters of history. They are quoted freely by

* See note by the editor, pp. 692, 693; also, Vol. IX, pp. xl, xli.— Ed.

EDITOR S PREFACE. V

historians and writers both in this country and England.
Surviving the decay and ravages of time, they will remain to
instruct future generations in the early history, and in all the
official proceedings and events of the state.

To the candid judgment and acceptance of the People of
New Hampshire, this last volume of Provincial and State
Papers, — as also all the preceding, — is most respectfully sub-
mitted and humbly commended by their obedient servant,
the compiler and editor.

NATHANIEL BOUTON.

Concord, N. H., September, 1S77.

GEIfEEAL COIfTENTS.

Pages
Journal of the Convention which adopted the Federal

Constitution, 1788 1-22

List of Delegates 1-7

Biographical Notes by the Editor 8-1 1

Proceedings of Convention in Exeter, February, 1788 12-15

His Excellency John Sullivan, President 12

Proceedings of Convention in Concord, June, 178S 16-22

Articles proposed as amendments 17, 18

Yeas and nays 18, 19

Adoption of the Constitution 19

Letter from President Sullivan to Gov. John Hancock 22

Journal of the Convention which assembled in Concord

to revise the Constitution of New Hampshire, 1791-1792 23-196

List of the names of members 24-29

Biographical sketches by the Editor* 30-37

Proceedings, organization — Hon. Samuel Livermore, president 38

Rules of procedure 39> 40

Article 6 of Bill of Rights, — motion to strike out — yeas and

nays 41, 42

Articles read and debated, — 19th article 42, 43

General Court — motion to change the time of meeting, &c. . . . 43

House of Representatives — yeas and nays 44, 45

Motion to strike out the religious test or qualificationf 46

Executive power — motion to change the title of president to

governor 47

Motion to reduce the number of the house — yeas and. nays. . . 48-50

Report of Committee on the Senate, »S;c 5i> 52

Oaths and subscriptions — sundry motions 52, 53

Committee appointed to reduce proposed amendments to form 53

* The biographical sketch of Col. Nathaniel Head (p. 32) is not fully correct. There were
two men of the same name. Col. Nathaniel Head, of Pembroke, was from Bradford; died
Oct. 16, 1825, aged nearly 83 years. Nathaniel Head, Esq., of Hooksett, was the grand-
father of Gen. Natt Head; he died Oct. 4, 1829, aged 75. — Ed.

t On page 46, under "Yeas," the name " P. Page" should be D. Page.—Y.t).

Vlll GENERAL CONTENTS.

Pages

Committee on the "Council" and on the journals of both

houses 54

Committee's report on 19th article of Bill of Rights 54

Report of Committee on the Council 55> 5^

Resolves relating to courts, Sec 56, 57

Committee appointed to prepare and report amendments to be

submitted to the people — adjournment $7

Members present at adjourned meeting, February 8, 1792. . . . 58-62

Report of Committee on Alterations and Amendments 63-71

Bill of Rights — articles 19, 20, 39 63, 64

Part II. General Court 64

Senate 65-67

House of Representatives 67

Executive power — governor 67, 68

Council 68

County treasurers, &c 69

Judicial power 69

Oath, &c 70

Constitution as reported by the committee 71-91

Parti. Bill of Rights 71-76

Part II. Form of government 76

General Court 76-78

Senate 78-80

House of Representatives 80-82

Executive power — governor 82-85

Lieutenant governor, council 85, 86

Secretary, county treasurer, &c 86, 87

Judiciary power, clerks of courts 87, 88

Encouragement of literature 88

Oath and subscriptions, &c 89-91

Journal resumed , 91

Report (above) examined and debated in committee of the

whole 91-103

The 39th article in Bill of Rights struck out 91, 92

Proposition to meet in September, November, or January,

negatived 92

'♦ President" changed to governor, lieut. governor denied. ... 92
Biennial sessions and reduction of house denied, increase of

senate 94-96

Judiciary system considered, &c 97-99' io5

Report of sub-committee on amendments 103-106

Proposal to meet annually in October 107

GENERAL CONTENTS. ix

Pages

Reduction of representatives negatived " io8

Sixth article of Bill of Rights amended io8

Division of the state into five senatorial districts 109

Committee to lay the amended constitution before the people —

plan proposed 11 o-i 12

Articles of amendment, sent out to the people 1 13-126

Proposed amendment of article 6th of Bill of Rights 113

Senate, to consist of thirteen 114

Religious qualification of "the Protestant religion '^

omitted 116, 118, 119, 121

Constitution with articles of amendment incorporated 1 26-141

Return of votes on the amendments 141 , 142

Further action of convention 142, 143

Further amendments to be sent out to the people, reports of

committees 144-152

Articles as sent out 152-164

Senate to consist of twelve members, and annual meeting

of legislature in June 153

Religious qualification of "Protestant religion" included 153, 156

Return of votes on the proposed amendments 166, 167

Constitution approved by the people 167-196

Convention dissolved 168

The Controversy relating to the "New Hampshire

Grants," so called, from 1749 to 1791 197-500

SECTION I.

Controversy with New York in relation to Boundary 199-215

1749.
Nov. 17. Letter from Gov. Benning Wentworth to the gov-
ernor of New York 199

1750. Minutes of the Council of New York, April 3 200

Apr. 25, Letter from Gov. Benning Wentworth to Gov. Geo.

Clinton 201

June 6. Letter from Gov. Clinton to Gov. Wentworth 202

June 22. Letter from Gov. Wentworth to Gov. Clinton 203

July 25. Letter from Gov. Clinton to Gov. Wentworth 203

List of Grants, by Gov. Benning Wentworth, west

of Connecticut river, between 1749 and 1764. .. 204-207

1763. Proclamation by Gov. Colden, of New York 207

GENERAL CONTENTS.

Pages
1764. Pro'clamation by Gov. Wentworth, of New Hamp-
shire, March 13 208-210

Gov. Colden's statement to the Lords of Trade, in

England, Jan. 20 211-215

SECTION II.

1768. Proceedings relating to the New Hampshire
Grants under the administration of Gov.
John Wentworth 215-221

Oct. 18. Memorial of John Wendell 215-217

Extract from Mr. S. Johnston's letter 216

1771.
Oct. 19. Extract from Gov. John WentwortlVs letter to Gov.

William Tryon, of New York 217-220

Dec. 23. Letter from Gov. Tryon to Gov. Wentworth 220, 221

SECTION III.

Brief history of the controversy, by Dr.

Jeremy Belknap 221-228

SECTION IV.

Discontent in the border towns of New

Hampshire east of Connecticut river 228-241

Note by the Editor 228

1776.
Dec. 16. Extract from a letter of Hon. Meshech Weare to

N. H. delegates in Congress 228

An address "of several towns, &c., to the people at

large 229-235

State of New Hampshire — to the selectmen of

Hanover 235

Proceedings at town-meetings 236-241

Meeting at Hanover 236

Nov. 25. Meeting at Lyme 237

Dec. 9. Meeting at Acworth 238

Dec. 1 1 . Marlow — petition 239

Dec. 12. Chesterfield — instructions 239

Dec. 13. Haverhill, and other towns 240

GENERAL CONTENTS. Xl

Pages
SECTION V.

Vermont assumes government — New York

OPPOSES 241-252

Note by the Editor 241

1777.

Jan. 15. Declaration and petition of inhabitants of the New

Hampshire Grants to Congress 242-246

His Majesty's order prohibiting more grants of

land, &c 243

Jan. 20. Minutes of New York Committee of Safety 246-249

Jan. 20. Letter of Committee of Safety, New York, to John

Hancock 249, 250

Mar. I. Letter from Abraham Tenbroeck to John Hancock 251

April 7, 8. Orders of Congress, &c 252

SECTION VI.

Vermont asks aid from New Hampshire 253-255

July 15. Letter from Ira Allen to N. H. Com. of Safety. . , . 253

July 15. Letter from Ira Allen, for hastening on troops 254

July 19. Letter from Meshech Weare in answer to the above* 255
1778. Proclamation of Gov. George Clinton of New York,

Feb. 23 256-258

A pamphlet signed "Republican," containing

observations on the right of jurisdiction, &:c. . 259-267
An address in answer to the foregoing, by " Pacifi-

cus," 268-270

SECTION VIL

First attempt of border towns in New Hamp-
shire TO unite with Vermont 272-295

Notes by the Editor on the boundary lines 272-274

The Mason line determined by the legislature,

1787 274-276

1778. Sixteen towns east of Connecticut river propose to

unite with Vermont 276

June 25. Letter from Nehemiah Estabrook to Meshech

Weare about said union 277

* Page 255. The word "-Colonies" in this article should be Colonels, — Ed.

XU GENERAL CONTENTS.

Pages

1778.

Aug. 19. Letter from Meshech Weare to N. H. delegates in

Congress touching said union 278

Aug. 22. Letter from Meshech Weare to Gov. Chittenden

of Vermont 279-281

Oct. 10. Report of Gen. Ethan Allen on the said subject to

the General Assembly of Vermont 282-284

Oct. 2 1 . Action of Vermont Assembly thereon 284

Oct. 22. Protest of members respecting towns east of Con-
necticut river — signers' names 285, 286

Oct. 23. Letter from Gov. Thomas Chittenden to Meshech

Weare relating to said sixteen towns 287

Oct. 23. Letter from Ethan Allen, relating to the same. . . . 287, 288

Oct. 23. Letter from the Convention at Windsor, signed by
Joseph Marsh, to Henry Laurens, President of

Congress 289, 290

Biographical notes on Elisha Payne, Joseph Marsh,

and John Wheelock 288, 290, 291

Nov. 4. Communication from Ira Allen to the General As-
sembly of New Hampshire, expressing his
views, &c 291-294

Nov. 5. Letter from Meshech Weare to Thomas Chitten-
den, on the visit of Ira Allen, &c. (note) 294

Letter from Meshech Weare to Ethan Allen 295

A Paaiphlet entitled "A Public Defence of the
right of Nev/ Hampshire Grants on both sides
of the Connecticut river to form themselves in-
to an Independent State." — Dresden: Printed
by Alden Spooner, 1779* 296-324

SECTION VIII.
Measures to form a new State, of Towns

WEST OF Connecticut River 3^5-335

Dec. 9. Resolves of a Convention at Cornish 325

Dec. 12. Letter from Ira Allen to Meshech Weare, relative

to the existing state of affairs 327

Nov. 27. Address, by Ira Allen, to the inhabitants of the

state of Vermont 329-332

* A few verbnl errors have been detected in the transcript of this pamphlet, which readers
if they please, may correct as follows : P. 305, first line, for " alterations," read altercations;
p. 307, fifth line from bottom, insert /m^f after " they; " p. 309, fourth line from top, for " re-
gal," read royal; p. 311, eleventh line from top, for "Government," read Governor; p. 312,
seventeenth line from bottom, for "sure," read soon; p. 323, eighteenth line from top, after
" in," read the ap/>oi?itment of. — Ed.

GENERAL CONTENTS. Xlll

Pages
1779.
Feb. 12. Final dissolution of the union of towns east of Con-
necticut river with the state of Vermont 333

Feb. 26. Letter from Thomas Chittenden to Meshech Weare,

relating to the foregoing, &c 334

Mar. 4. Letter from Ethan Allen to Meshech Weare 335

SECTION IX.

Proposal to unite all the New Hampshire
Grants with the State of New Hamp-
shire 336-341

Mar. 17. Petition of Jacob Bailey and Davenport Phelps, re-
lating to a connection of all the New Hamp-
shire Grants with the state of New Hamp-
shire 336

Apr. 2. Proceedings of the Legislature of New Hampshire

on the foregoing petition 337

Apr. 23. Proposal of sundry matters to the town of New-
bury, by order of a committee, &c 33^

May. Returns from Hartford, Moretown, and Peacham. . 339, 340

June 3. Col. Olcott and Beza. Woodward, agents 341

SECTION X.

Reference to Congress of matters in Con-
troversy 341-354

June I. Resolves of Congress respecting the New Hamp-
shire Grants 34^

June 3. Letter from Thomas Chittenden to Meshech Weare
respecting a jurisdictional claim of New Hamp-
shire to the territory of Vermont 342

June 4. Appointment and Instructions of Ira Allen as

agent, &c ^ 343

June 24. Action of General Assembly on the foregoing 344

July 13. Address by Ira Allen to the Inhabitants of Vermont

relating to the aforesaid affairs 345-351

Sept. 24. Resolves of Congress respecting the New Hamp-
shire Grants 35^-354

Oct. 2. Further Resolves in relation to the same 354

XIV GENERAL CONTENTS.

Pages
1779.

Oct. 12. Letter from Woodbury Langdon, delegate in Con-
gress, to Meshech Weare, respecting Vermont, 355-358
Note by the Editor — " Sundry articles to be com-
plied with " 358

Letter to the committee appointed by Congress to

meet at Vermont 360

Letter from Samuel Huntington, Pres. of Congress,

to Meshech Weare, June 6, 1780 361

Resolutions of Congress in relation to affairs in the

New Hampshire Grants 361, 362

Letter of Joseph Marsh, Peter Olcott, and Beza.

Woodward to the President of Congress 2^;^

Letter from Beza. Woodward to Samuel Livermore 365

Letter from Thomas Chittenden to Pres. Samuel

Huntington respecting sundry acts of Congress, 366-371
Aug. 30. Beza. Woodward's petition in behalf of people above

Charlestown, N. H., Grants 371-374

Aug. 31. Another letter from Beza. Woodward, relating to

N. H. Grants 374, 375

Sept. 16. Letter from John Sullivan, delegate in Congress,
to Meshech Weare, relating to affairs in Ver-
mont 37S-377

Nov. 6. Letter from Jacob Bailey to Meshech Weare, rela-
ting to Vermont, Canada, &c 377-379

Oct. 30. Extract of a letter from Ira Allen, at Otter Creek,
to Capt. Safford, at Bethel, east of the moun-
tains 279

Nov. 22. Letter from Gen. Bailey to Meshech Weare rela-
ting to the same affairs 379, 380

July

1780.

June

July

20.

July
July

25.
25.

SECTION X.

Fresh measures to form a new State on

both sides of the connecticut river 381-4oo

Convention at lYalpole, Nov. 15, 16, 1780 381-383

Dec. 12. Letter from Thomas Chittenden to Meshech Weare,
inclosing a copy of his letter to Congress of

25th July 384, 385

1781. Resolutions of the General Assembly of New Hamp-
shire, Jan. 13, 1781, instructing its delegates
in Congress 385

GENERAL CONTENTS. XV

Pages
I781.

Feb. 3. Letter from Joseph Fay to Meshech Weare, accom-
panying the letter of Gov. Chittenden 386

Convention at Charlestown, Jan. 16, 1781— Note —

Origin of Convention 3^7

Journal of said Convention, Jan. 16-18 3SS-393

Protest of a minority of the delegates, Jan. 18 393, 394

Secret history of the Convention, by Ira Allen. . ^. 394-39^
Feb. 10. Note by the Editor— Letter from Elisha Payne to

the General Assembly of Vermont 39^

Feb. 22. Rules* of Negotiations, or terms of Union 397

Apr. 5. Result of submitting the abovesaid terms of Union

to the towns specified— List of Towns, f &c. . . 398, 399

Members from towns east of Connecticut river 400

SECTION XI.

Disputed Jurisdiction 401-430

June 20. Letter from President Weare to the delegates of
New Hampshire in Congress, June 20, 1781,

relating to existing difficulties 401

July 10. Letters from John Sullivan to Meshech Weare on

the same subject 402, 403

Aug. 7. Letter from Timothy Ellis to the N. H. Committee

of Safety 404

Aug. 7. Resolves of Congress respecting a decision of the
disputes relating to N. H. Grants— Committee

of Congress 4o5' 4^6

Aug. 21. Letter from Samuel Livermore, delegate in Con-
gress, to Meshech Weare 4^7

Letter from several inhabitants of Haverhill (Coos)

to the Committee of Safety, N. H. [No date] 407, 408
Aug. 25. Memorial of sundry inhabitants of Chesterfield to
the Council and House of Representatives, re-
lating to the revolt of sundry towns — Names. . 409, 410
Sept. 21. Proceedings of a meeting of persons from ten
towns in Cheshire county, at Keene, Sept. 21,

1781 411

Oct. 2. Letter from Samuel Livermore to Meshech Weare, 412
Oct. 12. Memorial of John Clark, of Landaff, to the Com-
mittee of Safety, relating to hardships, in-
sults, &c 412-416

* Page 397, for " Result," read Rules.— Ed.
fFor " Newport (Vt.)," read Reuport.— Ed.

XVI GENERAL CONTENTS.

Pages
1781.

Oct. 13. Petition of inhabitants of LandafF for aid and pro-
tection 416

Oct. 19. Action on the Memorial of John Clark 417

Oct. 17. Report of a Committee of Congress, to whom was
referred certain papers relative to New Hamp-
shire 41 8-422

Oct. 16-19. Report of the Council and Assembly of Vermont
on the Report of the Vermont delegates to
Congress 422-426

Oct. 22. Smnmons to Daniel Shattuck, &c 426

Oct. 27. Elisha Payne to Meshech Weare, transmitting res-
olutions relating to Commissioners, &c 427

Oct. 27. Commission for the settlement of boundary lines,

&c 428

Oct. 27. Proclamation of Thomas Chittenden for a day of

Public Thanksgiving 429

SECTION XII.

Collision in Border Towns 430-485

Note by the Editor 431

Nov. 15. Letter from Gen. Benj. Bellows to Meshech Weare,

relating to troubles in that part of the state 431

Substance of complaints against Nathaniel Bingham

and John Grandy by Samuel Davis 432, 433

Nov. 12. Warrant to apprehend John Grandy, Jun 433

Nov. 12. Warrant to apprehend and secure in gaol Nathaniel

Bingham 434

Nov. 16. Petition of Nathaniel Bingham and John Grandy,
Jun., to the Council and House of Representa-
tives, N. H 435

Nov. 16. Statement of facts by Nathaniel Bingham 436

Nov. 28. An act empowering the sheriff of the county of
Cheshire to release certain persons from prison
in Charlestown 437-439

Nov. 29. Mittimus for committing Col. Enoch Hale to pris-
on 439, 440

Nov. 29. Letter from Gen. Bellows to Meshech Weare, in-
forming him of the imprisonment of Col. Hale 440, 441

Dec. I. Letter from Samuel King to Col. Chamberlain and

others on the abovesaid matters 441-443

GENERAL CONTENTS. XVll

Pages
I781.

Dec. 2. Letter from Col. Wm. Haywood to Capt. Phineas
Hutch ins (with a copy of Sheriff Page's ex-
press) 443

Dec. 5. Letter from Michael Cressey, of Chesterfield, to

Gen. Bellows 444

Dec. 5. Orders* to raise the body of Alilitia to release Col.

Enoch Hale from prison 444-449

Dec. 12. Letter from Col. Enoch Hale, sheriff of the county

of Cheshire, to Meshech Weare 449

Dec. 14. Letter and order from Thomas Chittenden to Elisha

Payne 450

Dec. 14. Letter from Thomas Chittenden to Wm. Page. ... 451

Dec. 15. Instruction from Gov. Chittenden to Ira Allen re-
specting boundary lines 451

Dec. 18. Letter from Samuel Livermore to Pres. Weare,

relating to proceedings in Congress 452

Dec. 21. Letter from Elisha Payne to Pres. Weare, propos-
ing amicable measures 453

Dec. 21. Order of Elisha Payne to Roger Enos and Wm.

Page 454

Dec. 22. Letter from Enoch Hale, in person, to President

Weare, respecting an adjustment, &c 455

Dec. 27. Warrants from Josiah Bartlett to arrest certain

persons 456-459

Dec. 27. Report of Committee of N. H. House of Represent-
atives about admitting Wm. Page to bail 459, 460

Dec. 29. Letter from Ira Allen to Josiah Bartlett, requesting

a copy of N. H. Acts and Resolutions 460

Dec. 29. Joint Letter of Ira Allen and Roger Enos to Josiah

Bartlett 461

1782.

Jan. I. Letter from Samuel Livermore to President Weare,

relating to " Vermonters '' 461

Jan. I. Letter from Gen. Washington to Gov. Thomas
Chittenden, relating to the N. H. Grants (see
p. 227) 462-464

Jan. I. Reward offered for taking Samuel King 464

Jan. I. Letter from Capt. Joseph Burt to Pres. Weare 465

Jan. 2. Letter from Gen. Bellows, relating to the rescue of

Samuel King by a mob 466

*Page 444, seventh line from bottom, for " Records in Secretary's office," read Letters in
Library o/N. H. Hist. Soc. — Ed.

XVlll GENERAL CONTENTS.

Pages
1782.

Jan. 7. Letters of Committee of Safety — AYarrant to arrest

Nathaniel S. Prentice 467

Letters from Meshech Weare to Samuel Livermore,
relating to troubles in border towns and to
taxes 468-473

Jan. 8. Letter from Wm. Page, in gaol at Exeter, to Elisha

Payne 473-475

Jan. 8. Resolve to send an armed force to the western part

of the state* 475

Jan. 10. Proportion of men to be raised 476

Jan. 10. Col. Charles Johnston and Col. David Page to raise
scouting parties, &c.. Gen. Sullivan to take
the chief command of forces, &c 477

Jan. 8. Letter from Samuel Livermore to Pres. Weare.. . . 478

Answer of Pres. Weare to the same 479

Jan. 10. Letter from Gen. Bellows relating to Doct. Wm.

Page 479

Jan. II, 12. Letters from Col. Enoch Hale relating to the
rescue of Esq. Giles, and his own seizure by a
mob, &c 480-483

Jan. 14. Petition of inhabitants of Claremont, praying for

relief, &c 483

Mar. 26. Letters from Samuel Livermore to Pres. Weare,

and note by the Editor 484, 485

SECTION XIIL
Border towns unsettled 486-500

May 31. Resolutions passed by committees of certain bor-
der towns, with a memorial to the General

Assembly of N. H 486-489

June 21. Action of General Assembly thereon 489

July 2. Letter from President Weare to Gov. Clinton of

New York, relating to said memorial 490

July 30. Letter from Thomas Sparhawk and Benj. Bellows

on affairs in Cheshire county 491-493

July 31. Letter from Doct. Wm. Page to Pres. Weare 493

Nov. 7. Request of selectmen of Newbury for jurisdiction

of New Hampshire to be extended over them 494

* Page 475. In note at the bottom, for " which no doubt was issued at the time," read
which perhaps was fiever issued. — Ed.

1782.

Dec. II.

^7^3-

Jan. 16.

Feb. II.

GENERAL CONTENTS. XIX

Pages

Letter from P. White and John T. Gihiian, in Con-
gress, to Pres. Weare 495

Letter from John Taylor Oilman to Meshech Weare 496
Letter from Enoch Hale to Meshech Weare, rela-
ting to difficulties in Cheshire county 497

Note by the Editor 498

All act of Congress for the adniission of the State

of Vermont into the Union 499, 500

Letters, Orders, &c., by the New Hampshire CoMxMittee of
Safety, 1779 to 1784 501-620

(Copied from a MS. volume in the Library of N. H. Hist. Soc.)

[Note. Readers will perceive that the letters and orders which follow are
so various and numerous that it is very difficult to analyze them, or to de-
scribe their contents in few words. The editor therefore only makes a
minute of the dates, with the persons to whom addressed, when known,
and with a few words indicating the matter.]

1779.

Jan. 9. To a committee in Alstead — about counterfeiters. . 503

1780.

Feb. 19. To officer in charge of continental stores in Coos.. 503

Mar. 7. To Jacob Cuyler, Esq 504

Mar. 31. To Maj. Joseph Bass, clothier, &c 504

Apr. 28. To Hon. Jerem. Powell, relating to Eastern expe-
dition 505

Apr. 28. To Messrs. Peabody and Folsom, in Congress. . . . 505

May 12. To Col. Jonathan Chase — order to raise 60 men. .. 506

May 12. " " " relating to the same 507

May 26. Resolve of Oeneral Assembly, relating to wheat and

flour 507

May 26. To President Powell of Tvlassachusetts, relating to

attack on Canada 508

May 27. To Jacob Cuyler, Esq., relating to paying drafts. . 508

May 27. To committee of Haverhill, about trade with Indians 509

May 27. Order about raising men 509

May 27. To Messrs. Peabody and Folsom, relating to taxes 510

GENERAL CONTENTS.

Pages
1780.

May 27. To James Underwood, respecting forfeited lands. . 511

June 2. To Col. Nichols and Mr. Underwood, respecting

forfeited lands 511

June 2. About purchasing rum 511

June 24. To Capt. Neh. Houghton, about mustering men. . 512

June 28. To Major Childs, about purchasing wheat 512

June 28. To Col. Stephen Peabody, about mustering men. . 512

June 30. To relating to purchase of horses 513

July — To Maj. Benj. Whitcomb, to take command of

forces 514

July I. To Col. Hunt, relating to purchase of horses 514

July I. To about recruits and supplies for the army 515

July 6. To relating to supplies, &c 516,517

July 13. To Nicholas Gilman, Rec. General 517

July 15. Relating to powder, beef and rum, and seamen... 518

July 15. To Noah Emery, Jr., — instructions, &c 518

July 18. To Doct. Pelet'h Warren, request to act as surgeon 519
July 18. To Capt. Eliphalet Giddinge, about forwarding

beef cattle 520

July iS. To Capt. Samuel Reynolds, order to proceed to

Connecticut river 520

July 26. To Hon. James Bowdoin, president of Massachu'ts 520

July 20. To Col. Stephen Evans, orders to march, &c 521

July 28. To Samuel Livermore, Esq., agent, relating to N.

H. Grants 521

July 29. Hon. John Langdon, delegate to Boston, about

the war, &c 522

Aug. 2. To Jacob Cuyler, Esq., excuse for non-payment of

drafts 523

Aug. 5. To Samuel Livermore, relating to N. H. Grants. .. 524

Aug. 10. To Capt. Shubael Geer, instructions 524

Aug. 10. To Mr. Jona. Martin, instructions* 525

Aug. 12. To Maj. B. Whitcomb, instructions 525

Aug. 12. To Doct. Phelps, to act as surgeon 526

Aug. 19. To Jedediah Jewett, to procure a horse for Gen.

Sullivan 526

Aug. 19. To Capt. Josiah Moulton and Col. S. Folsom 527

Aug. 19. To Col. Joshua V/entworth 527

Aug. 19. To the Board of War 527

Aug. 23. To Capt. Eliphalet Giddings, to collect beef cattle 527

* Fourth line from top, the word " amount" should be account. — Ed.

GENERAL CONTENTS. XXI

Pages
1780.

Aug. 23. To Eph. Blaine, Esq., about beef cattle 528

Sept. 7. Muster master's returns 528, 529

Sept. 8. To Capt. Sam'l Gilman, trustee of Gov. Went-

worth's estate 529

Sept. 6. To Major Child, about supplies, &c 529

Nov. 18. To Col. David Webster and John Millen, Esq., to

forward supplies 530

1781.
Feb. 9- To Francis Blood, Esq., on provisions for Cols.

Nichols and Ellis 531

Feb. 9. To Col. Hunt, relative to the same 531

Feb. 9. To Cols. Nichols and Ellis, do. do 532

Feb. 12. To Col. Jabez Hatch, about a continental stable. . 532

Feb. 8. To Selectmen relative to collecting taxes. . 533

Feb. 15. Orders to Lts. Bezaleel Howe and Jos. Boynton, to

forward recruits 534

Feb. 17. To Joseph Gilman, Esq., about settling accounts. . 534

Feb. 17. To Capt. Eliphalet Giddinge, do. do 534

Mar. 2. To Col. Supply Clapp, do. do 535

Mar. 9. Col. Timothy Ellis and Gen. Moses Nichols, to

supply troops 535

Mar. 9. To Francis Blood, Esq., to furnish supplies 535, 536

Feb. 16. Orders to Sam'l Wells, Serj. Major, about forward-
ing men 536

Mar. 31. Orders to Lt. Beza. Howe, Joseph Boynton, and
Sam'l Wells, about forwarding recruits and

clothing ^^^y

Apr. 7. To Charles Johnston, Esq., and James Woodward,

relating to lands of absentees 537

Apr. 12. To Eliphalet Hale and Geo. Dame, inspectors of

shoes 537

Apr. 12. To Lt. Col. Sam'l Chase, to rent lands of absen-
tees 538

Apr. 13. To Capt. Ebenezer Dearing, to raise a company for

the defence of Piscataqua harbor 538

Apr. 14. Hon. John Wentworth, Jun., a Delegate to Con-

gi'ess 539

Apr. 19. To Col. Sam'l Chase, about renting farms of absen-
tees 539

Apr. 19. Relating to raising men for western frontiers 540

Apr. 19. To Moses Dow, Esq., Commissary of Purchase... . 540

Apr. 19. To Lt. Jona. Ring, order about rations 541

XXll GENERAL CONTENTS.

Pages

To Col. Charles Johnston, relating to troops for

western frontiers 541

To Gen. Benj. Bellows 542

To Matt. Patten and Thomas Sparhawk, Judges of

Probate 542

To Jedediah Jewett, sundry directions 543

Orders to Captain Ebenezer Bearing 543

Orders to Lt. Col. Dearborn and Jedediah Jewett,

relating to payment of soldiers 544

Orders to Francis Blood, Esq., to make returns of

provisions, &c 544

Order to Col. Joshua Wentworth to muster sol-
diers 545

Orders to Capt. E. Giddinge, F. Blood, and Col.

Samuel Hunt, about forwarding beef cattle. . . 545, 546
To Gov. Jona. Trumbull, relating to a counterfeiter 547

Orders to Lt. Joshua Merrow, relating to the same 547, 548
Order to Capt. M. Woodward to send prisoners to

Boston 548

To Maj. Gen. Folsom, relating to travel money. .. 549

To Lt. Joseph Huntoon, relating to deserters 549

Order to Francis Blood, Esq., relating to supply of

beef. 549

July 6. To Selectmen of Portsmouth, about a supply of

rum 550

July 12. Order to Noah Emery, Esq., about beef cattle 551

July 19. To Stephen Harriman, relating to land purchased

by Gen. Stark 551

July 20. To Capt. Ebenezer Bearing, relating to Beserters

and trial by Court Martial 551

July 20. To Francis Blood, relating to supply of beef cattle 552

July 27. Agreement with John Balch as post-rider 553

July 28. Order to Col. Timothy Ellis and others to raise

scouting parties 553, 554

July 28. To Col. Samuel Hunt, relating to supply of the

^rmy 554

Aug. 3. To Thos. Bickford, about beef on hand 555

Aug. 3. Memorial of soldiers in forts asking relief 555

Aug. 10. Petition from Conway, a company of soldiers sent 555, 556
Aug. 10. To Col. Charles Johnston, to forward soldiers to

Coos 557

I78I.

Apr.

19.

Apr.

19.

Apr.

21.

Apr.

27.

May

25.

May

25.

May

26.

July

GENERAL CONTENTS. XXlll

Pages
1781.
Aug. II. To Col. Timo. Ellis, relating to troubles in border

towns 557, 558

Aug. 18. To John Hopkins, Esq., relating to a Dep. Com. of

prisoners of war 558

Aug. 18. Warrant to apprehend Robert Young 559

Sept. II. To Lt. Col. Daniel Runnels, about marching orders 559

Sept. II. To Cols. Wentworth and Evans, do. do 560, 561

Sept. 14. To John White, Jr., to take charge of rum, &c 561

Sept. 26. Orders to Lt. Col. Raynolds, to march to Charles-
town No. 4 561

Sept. 26. Orders to Capt. Dan'l Gordon, relating to the same 561

Sept. 27. Orders to Col. Wentworth and others, relating to

the same 562, 563

Sept. 27- To Col. Samuel Hunt, to furnish supplies 563

Sept. 27. To Francis Blood, Esq., do. do 564, 565

Sept. 27. Orders to Lt. Col. Raynolds, about supplies. 565

Sept. 28. To Gen. Bellows, do. do 565

Sept. 28. To Col. Charles Johnston, do. do 566, 567

Sept. 29. To Maj. Gen. Heath, relating to troubles in border

towns 567, 568

Oct. 6. To Francis Blood, Esq.,

Oct. 6. To Col. Samuel Hunt,

Oct. 6. To William Page, — all relating to supplies for

Charlestown 568-570

Oct. 13. To Col. David Page and Jos. Whipple, to discharge

men 571

Oct. 25. To Capt. Moses Woodward, about prisoners of

war 571, 572

Warrants to apprehend horse thieves 572, 573

Letter from Hon. Matthew Thornton 573, 574

Letter to President Hanson about delegates in Con-
gress 575

•

To Israel Morey, to deliver records, &c 575

Our troops at Saratoga in want of rum, &c 576

A guard to be placed at the Great Island 577

Letter to Hon. S. Livermore, in Congress, relative

to settling accounts, &.c 577

Inquiry to be made about supply of provisions S7^

Letter to Hon. S. Livermore, about currency and

taxes 57S-581

Nov.

Dec.

29.

Dec.

10.

1782.

Jan.

18.

Jan.

26.

Feb.

23-

XXIV GENERAL CONTENTS.

Pages
1782.

Mar. I . A suspected person at Londonderry 581

Mar. 20, 26. Lands of absentees to be rented 581, 582

Apr. 6. Recruits at Charlestown and Amherst to be sup-
plied, &c 582, 583

Apr. 4. Warrant to apprehend CoL Jona. Greeley 583

Apr. 5. Muster masters appointed 584

Apr. 12. Jonathan Greeley put under bonds 584, 585

Apr. 20. Provision for recruits in the army 586, 587

Apr. 27. Settlement of Pay Roll 586

May 4. Payment for excise on spirituous liquors 587

June 8. Guard against an attempt to destroy a ship at Ports-
mouth 588

June 14. Muster masters to fill their quota of men 588, 589

July 6. A scouting party under Joseph Whipple, Esq 589

July 12. Order to Capt. Salter to raise men, &c 590

July 19. Order to fill the quota of men for the army 590, 591

July 20, Notice to Capt. John Jennison about beef 591

July 20. Order to Jedediah Jewett, &c 592

July 30. Time extended to Gilmanton to make up deficiency 592

Aug. 3. Letter relating to border troubles 592, 593

Aug. 3. Letter to Capt. John Jennison about supply of beef

cattle 594

Aug. 3. Letter to Doct. Wm. Page about recognizance. . . . 594

Aug. 17. Orders relating to beef cattle 595

Aug. 23. Order in behalf of Gilmanton, &c 595

Aug. 23. Orders to Jedediah Jewett relating to beef cattle. . 596

Aug. 29. Order to Francis Blood, relating to beef cattle. . . . 596

Sept. 13. The selectmen of Amherst to settle account 597

Sept. 19. Extent against the town of Cornish suspended. . . . 597
Sept. 20. Richard Jenness, Benj. Butler, John White, to set-
tle for excise 598

Sept. 26. Danger to Piscataqua harbor apprehended 599

Sept. 26. About pasturing for cattle 599

Sept. 27. Answer to Memorial from Dartmouth College 600

Oct. 4. Letter to John White to settle for rum, &c 600

Oct. 5. Order relating to Capt. John IMcGray 600

Oct. 25. Order to Capt. Ebenezer Fry 601

Oct. 19. Edward Wade on furlough, &c 601

Oct. 19. Order about beef cattle 601

Nov. 22. Maj. Caleb Robinson appointed muster master. . . . 602

Nov. 22. Order to Isaac Williams about issue of provisions . . 602

GENERAL CONTENTS. XXV

Pages
1782.

Dec. 5. Jesse Christy to be taken into custody 603

Dec. 7. Order about beef cattle 603

Dec. 7. Tlie Board of War to examine accounts, &c 603

Dec. 13. Jesse Christy allowed liberty of the yard 604

Dec. 13. Recruits to be mustered and supplied 604

1783-

Jan. 3. Orders to Capt. Titus Salter 605

Jan. II. Order to Nicholas Oilman, Esq., Rec. Gen 605

Jan. 24. Letter to Joseph Whipple, Esq., relative to tax. . . . 606
Mar. 6. Letter to Hon. John Hancock, relating to dele-
gates, &c 606

Mar. 6. Lands of John Tufton Mason not be sold 607

Mar. 7. Stephen Gorham, Esq., commissioner to settle ac-
counts 607

Mar. 13. Col. Samuel Chase to rent lands of absentees 608

Mar. 2 1 . Letter to Gen. John Stark 608

Apr. 4. Order relating to Col. Geo. Reid 608

Apr. 10. Nicholas Oilman, Esq., deceased 609

Apr. 25. Jesse Christy discharged from gaol 609

May 16. Bridge to Janvrin's Island to be sold 610

May 23. British vessels to be entered 610

June 6. Settlement with N. H. troops — Depreciation 610, 611

July 1 1 . Order for removal of barracks, &c 612

July II. Order to enlist five effective men 612

July 25. Summons to answer for removal of powder 613

July 26. Hon. John Langdon desired to go to Congress 613

July 31. The town of Pembroke discharged from extents,

&c 613

Aug. 9. Order to inspect salt beef, &c 914

Aug. 16. Order to Enoch Hale, sheriff, about extents 614

Aug. 29. Permission for Dorothy Nelson to visit Portsmouth 615
Aug. 29. Permission for Abigail Robertson to visit Ports-
mouth 615

Oct. II. The town of Salem discharged from extents 615

Nov. 21. Excise on spirituous liquors at public vendue — Con-
ditions of sale — Committee for, &c 616-618

Dec. 25. Order to the Naval Officer respecting gunpowder. . 618

1784.

Jan. 3. Accounts for raising 2d Regiment to be settled 61S, 619

Jan. 23. Order relative to certain counterfeiters 619

Mar. 25. Letter to John Langdon, relating to free trade. . . . 620

May 14. Letter to John Sullivan about want of money 620

XXVI GENERAL CONTENTS.

Pages

Census of 1773 621-636

Note by the Editor — Letter of Hon. A. H. Cragin 622, 623

Form of order — schedule for returns 624

Returns from Rockingham County 625-627

Returns from Strafford County 628, 629

Returns from Hillsborough County 630, 631

Returns from Cheshire County 632, 633

Returns from Grafton County 634, 635

Summary of returns by counties — total 636

Census of 1786 637-689

Note by the Editor ^yj

Resolution and form of order for the census 638

Returns by counties, in alphabetical order of towns 639-651

County of Rockingham — Towns 639-65 1

Summary of returns from yj towns in Rockingham County. . . 651

Notice. By a misprint, the total number of inhabitants in Rockingham
county is put down in the summary at 48,431. This is an error, which readers
will please correct. The true number is 32,138. — Ed.

County of Strafford — Towns 652-657

Summary of returns from eighteen towns, 13,877 657

County of Hillsborough — Towns 658-670

Summary of returns from thirty-five towns, 25,933 670

County of Cheshire 671-679

Summary of returns from twenty-four towns, 15,160 679

County of Grafton 679-688

Summary of returns from twenty-four towns, 8,344 688

Summary of returns by counties 689

Appendix 691-703

Note by the Editor 693, 694

Grant of the Province of Laconia 693-696

The Squamscott or Hilton's Point Patent 697-700

The Dover Combination 700, 701

Letter from Thomas Wiggin to Sir John Cooke 701-703

ERRATA.

Some errors of dates and names have been detected in Vol. IX,
which readers will please correct as follows :

Errors in Vol. IX.

P. 145, under the head of Cornish, the word "Hartford" should in
every case be Hertford.

P. 303. Gilsum was incorporated July 13, 1763, instead of "July 6."
It was first called Boyle, granted Dec. 28, 1752, and settlement
probably begun as early as 1754.

P. 826. Campton was first granted Oct. 9, 1761, regranted Jan. 5,
1767, settlement begun about 1765.

P. 827. Haverhill was granted May 18, 1763, instead of " 1764."

P. 828. The description given of " Marlborough " chiefly belongs to
the town of that name in Vermont. It should simply read, Monad-
nock, No. 5, was incorporated by the name of Marlborough, Dec.
13, 1776.

JOURlSr^L

OF THE PROCEEDINGS OF THE CONVENTION

OF THB

STATE or NEW HAMPSHIRE.

WHICH ADOPTED

THE PEDEML CONSTITUTION.

1788.

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BIOGRAPHICAL NOTES BY THE EDITOR.

[The editor would have been pleased to give brief sketches of all
the delegates in the foregoing list, had the means of doing it been at
his command. The sketches that follow are gathered from such sour-
ces of information as were accessible, and may be relied on as essen-
tially correct. Many names in this list are also found among the repre-
sentatives in the convention to revise the constitution in 1791-2. Of a
portion of these, with many others, sketches will be appended to the
journal of that convention. — Ed.]

(i) John Langdon, Esq., one of New Hampshire's most distinguish-
ed citizens, was born in Portsmouth, 1740; son of John L. and grand-
son of Tobias Langdon. He was one of the party which siezed Fort
William and Mary, at New Castle, 1774, and carried away the powder
and military stores ; a delegate to the continental congress in 1775 and
1776 ; representative and speaker of the house of representatives, N. H.,
1776 and 1777 ; he forwarded the expedition, under Gen. Stark, to cut off
Burgoyne's march, 1777; judge of the court of common pleas; in 1779
he was continental agent in New Hampshire for building of public
ships; and again delegate to congress, in 1783. In 1784-5, he was a
member of the N. H. senate, and in the latter year was president of the
state, and in November, 1788, was elected senator of the United States,
and was the first president, /r^ tetn., of that body under the federal
constitution. He served in the senate two terms. From 1805 to 1808,
and again in 1810 and 1811, he was governor of the state. Governor
Langdon was eminent for his personal dignity, his patriotism, his ca-
pacity for offices of high honor and trust, and for his religious rever-
ence and devotion. He was a member of the first church in Ports-
mouth. An excellent portrait of him is in the council chamber of the
state. He died Sept. 18, 1819, aged 78. (See Allen's Biog. Die, and
N. H. State Pap., Vols. VH and VHL)

(2) Pierce Long, Esq., first appears in the provincial records as an
active and influential member of the 4th provincial congress, at Exe-
ter, May, 1775, and again in December of that year. In 1776 he had
command of the forces to defend the harbor and fortresses of the Pis-
cataqua; in November, 1777, he marched his regiment to Ticonderoga.
He often represented the town of Portsmouth, and filled many offices,
military and civil, with fidelity and honor.

BIOGRAPHICAL NOTES. 9

(3) John Taylor Gilman, Esq., of Exeter, was son of Nicholas Gil-
man, who married Ann Taylor, a daughter of Rev. John Taylor, of Mil-
ton, Mass. He was born Dec. 19, 1753. With only the advantages of
a common academic education, he rose to distinction in all the public
offices of the state. The morning after the news of the battle of Lexing-
ton, he marched as a volunteer, with a hundred others, to Cambridge.
In 1782 he was a member of congress ; in 1783, treasurer of the state,
and again in 1791-93. He filled the office of governor from 1794 to
1805; was again elected in 1813, 1814, and 1815. His long and use-
ful services were gratefully acknowledged by the legislature in a farewell
address. Politically he was known as a federalist. He died in Exeter,
September, 1828, aged 74.

(4) Col. Daniel Runnels, or Reynolds, of Londonderry, served as
captain in Col. Nichols's regiment at the battle of Bennington, also as
captain in Col. Peabody''s regiment in Rhode Island in 1778. He was
representative from Londonderry, and an able and distinguished citizen.

(5) Rev. Samuel Langdon, d. d., of Hampton Falls, was first set-
tled in the North Church at Portsmouth twenty-seven years ; then presi-
dent of Harvard college from 1774 to 1780. Eminent for learning, pa-
triotism, and piety, he deceased Nov. 29, 1797, aged 75.

(6) Hon. JosiAH Bartlett, Esq., takes rank with the most eminent of
New Hampshire's sons. He was born in Amesbury, Mass., in 1729, —
son of Stephen Bartlett. In his profession of medicine he acquired
distinction, but was called from a successful practice to fill offices of
trust and honor in the state and in the national congress. He was one
of the signers of the Declaration of Independence, July, 1776; chief
justice of the court of common pleas (N. H.), 1779; justice of the su-
perior court, 1784, — chief justice in 1788. In 1790 he was chosen by
the legislature president of New Hampshire, and in 1791 he was elected
to the same office by the people ; and, under the revised constitution,
he was chosen governor, 1792. He was the chief original founder and
president of the New Hampshire Medical Society, 1791. He died sud-
denly, of a paralytic affection. May 19, 1795, aged 65.

(7) Thomas Bartlett, Esq., of Nottingham, was among the lead-
ing patriots of Rockingham county. Aside from offices of minor grade,
he was captain of the 5th company of "six weeks men" at Winter
Hill in 1775 ; lieutenant-colonel in Col. Gilman's regiment at Rhode
Island in 1778; from May, 1778, to January, 1779, a member of the
Committee of Safety ; colonel of one of the New Hampshire regiments
for the defence of West Point in 1780. Under the law of 1792, he was
made brigadier-general of the third brigade of New Hampshire militia.
He was representative to the fourth provincial congress at Exeter, May,
1775, and one of the committee to remove the public records from
Portsmouth to Exeter in June, 1775. After the llev^olution, he was
speaker of the house of representatives and justice of the court of com-
mon pleas. He died June 30, 1807, aged 59.

(8) Dr. Ezra Green, of Dover, was born in Maiden, Mass. ; gradu-
ated at Harvard college, 1765 ; joined the army under Col. James Reed,
1775 ; in June that year was appointed surgeon, and served on land till

10 STATE OF NEW HAMPSHIRE.

April, 1778. He was then appointed surgeon on board the ship Ranger,
under command of Capt. John Paul Jones. Retiring from service in
1 78 1, he settled at Dover as a merchant. He died greatly respected
July 25, 1847, aged loi.

(9) His Excellency John Sullivan, Esq., president of the conven-
tion, was the son of John Sullivan, and was born in Dover, in that part
called Somersworth, in 174.1. He was a brother of His Excellency James
Sullivan, of Massachusetts. Both received their education from their
father. John commenced the practice of law at Durham, where he
continued his residence till his death, and where his remains are in-
terred. He early evinced a military spirit, and was one of the brave
band that seized Fort William and Mary at New Castle, 1774; was dele-
gate to congress, 1774-75, and in the latter year was appointed briga-
dier-general in the army of the Revolution, and in 1779, a major-general.
He was in command at Winter Hill, 1775; in Canada, 1776; distin-
guished in the battle of Brandywine and Germantown, 1777; com-
manded the army in Rhode Island, 1778; and was at the head of the
expedition against the Western Indians in 1779. Filling numer-
ous offices in the state, as agent to settle the disputed bounds of the
New Hampshire grants, attorney-general, etc., in 1786 and 1787 he
was chosen president of New Hampshire. In 1789 he was a presidential
elector, and again that year chosen president of the state. He was ap-
pointed judge of the district court of New Hampshire by Washington,
1789, which office he held till his death, Jan. 23, 1795, at the age of 54.
See an admirable portrait of him in council chamber. Concord, painted
from a sketch by Col. Trumbull.

(10) Hon. Joseph Badger, Esq., son of Capt. Joseph Badger, an early
settler in Gilmanton, was born in Bradford, Mass., Oct. 23, 1746. He
was a man of great military ardor, and held offices in the militia for
thirty years, passing from the rank of captain to that of brigadier-gen-
eral. He was present at the capture of Burgoyne in 1779. After the
war he served the town of Gilmanton as representative, and was a coun-
cillor six years, — 1784, 1790-92, 1795-96. He was one of the founders
of Gilmanton Academy, gave the land on which it is located, and super-
intended the erection of the building. He died Jan. 15, 1809, aged 62.
The late Governor William Badger was his son. \_Hist. of Gilmanton.'\

(11) Mr. Robert B. Wilkins, of Henniker, a native of Amherst, en-
tered the army at the age of 16, and was in the battle of Bunker Hill —
wounded ; in the Continental army, in Col. ScammePs regiment, he was
promoted to a lieutenancy. He served under Gen. Lafayette, of whom
he was a great admirer. On his visit to Concord, in June, 1825, the
general met Lieut. Wilkins, and recognized him. Receiving a pension
from the government, he spent the later years of life with his family in
Concord, but died in Boston, August, 1832, aged 'j'j .

(12) Col. Ebenezer Webster, of Salisbury, was the father of Hon.
Ezekiel and Daniel Webster. He was born in Kingston in 1740. Set-
thng in Salisbury, he served in the "seven years war" against the
French and Indians ; in the revolution was captain of a company ; in
1785-89 was a state senator, and also 1790-91. He was a judge of the
court of common pleas for Hillsborough county from 1791 to 1806.

BIOGRAPHICAL NOTES. II

It does not appear that he voted on the adoption of the constitution.
He died in 1806, aged 67.

(13) BEN7AIMIN West, Esq., of Charlestown, was son of Rev. Thom-
as West, and brother of Rev. Dr. Samuel West, of Boston. He was
born April 8, 1746, graduated at Harvard college, 1768. He resided
in Charlestown more than forty years in the practice of law, and died
July, 1817, aged 71. He ranked among the first of his profession.

(14) Rev. Aaron Hall, of Keene, a native of Cheshire, Ct., born
in 1751, was a graduate of Yale college, 1772, ordained Feb. 19, 1778,
died August 12, 1814, after a ministry of thirty-six years, aged 63.

(15) Gen. Benjamin Bellows, of Walpole, son of Col. Benjamin,
was born October 6, 1740. He was greatly respected as a citizen, and
honored with many public offices, — as representative, senator, and
councillor. He was president of the electoral college when George
Washington was elected president in 1789, and again in 1797, when
John Adams was elected. In the revolution he commanded a regi-
ment ; was present at the surrender of Burgoyne. He died in Walpole,
June, 1802, in the 62d year of his age.

(16) Gen. Jonathan Chase was a leading citizen of Cornish. In
1 77 1 he petitioned Gov. John Wentworth for confirmation of a grant
of an island in the Connecticut river between Cornish and Windsor.
In 1776 he was allowed three barrels of powder, to be used in defence
of the frontiers. Having the commission of colonel, he was also mus-
ter-master for the pay of his regiment, 1776, and in 1778 for reinforc-
ing the northern army. In 1781 he petitioned for liberty to raise a
company of sixty men, to be employed as scouts, for the defence of
the western frontiers. In the disputes with Vermont about the New
Hampshire grants, he v/as appointed by the town of Cornish, ]March 9,
1779, as their agent to attend a convention in Dresde9i, on the 20th of
July; and at an adjourned meeting, Aug. 30th, the same year, the vot-
ers present unanimously rejected the plan of government for the state
of New Hampshire, which was sent to them. He attended a conven-
tion, on the same matter, at Walpole, Nov. 15, 1780, and another at
Charlestown, Feb- 7, 1781.

(17) Francis Worcester, Esq., who represented Plymouth, Rum-
ney, and Alexandria, as classed towns, was a native of Hollis. He is
called "Deacon," and was settled in Plymouth. In 1776 he was coro-
ner for Grafton county; in 1777, was chairman of the town committee
of safety ; in 1777-79, representative to the general assembly, and an
efficient member, filling various offices with ability and promptness ; in
1780-82, a councillor. He was a member of the constitutional conven-
tions in 1778 and 1781, and of the federal convention in 178S.

[p. i;.] STATE OF NEW HAMPSHIRE.

A Journal of the proceedings of the Hon^^ Conven-
tion ASSEMBLED AT THE CoURT HoUSE IN ExETER,

ON Wednesday the thirteenth day of February,
A. D. 1788, FOR the investigation, discussion and

DECISION OF THE FEDERAL CONSTITUTION.

Wednesday, Feb'". 13, 1788.
About fifty members being assembled, they proceeded to
the choice of a chairman, and the Honbl Josiah Bartlett,
Esq^'. was chosen.

The Honb^ Sam^ Livermore, the Honb^ John Taylor Gil-
man, & Benjamin West, Esqr^ were appointed a Committee
to receive the returns of members elected ; they were also
appointed a Committee to prepare and lay before the Con-
vention such rules as they shall judge necessary for regulat-
ing the proceedings in said Convention.

Adjourned to 10 o'clock to-morrow morning.

Thursday, Feb^ I4*^ 1788.
The Convention met according to adjournment. About
one hundred members present :

Motion was made for the choice of a Secretary for the
Convention, and the ballots being taken John Calfe Esq^
was chosen for that purpose, and sworn to the faithful dis-
charge of the trust reposed in him.

[p. 18.] Motion was then made for the choice of a Presi-
dent, and the ballots being taken, his Excellency John Sul-
livan, Esq^ was chosen President.

Voted, that Mr. Livermore, Mr. Oilman and Mr. West be
a Committee to examine the returns of the Elections of the
several members of the Convention and report thereon.

The Convention being informed that there were two per-
sons returned as members to said Convention from the Town
of Newington, and after examining said returns and enquir-
ing into the matter, agreed to postpone the determination
thereof until the afternoon.

Adjourned to 3 o'clock P. M. then to meet at the Meeting
House in Exeter.

JOURNAL OF CONVENTION. 1 3

Met according to adjournment.

The Committee appointed to prepare rules for regulating
the proceedings in Convention reported the following, viz.

[p. 19.] i^K That as it is essential to the public interest, so it shall
be considered and enjoyned as the Incumbent duty of each member of
this Convention seasonably and punctually to attend in his place and
not absent himself without leave.

2'^. That freedom of deliberation, speech and debate in the Conven-
tion be allowed to each member thereof; yet no member shall by
speech or behaviour in Convention give just occasion of offence to
another.

3^^. That any member disposed to make a motion or speak to a mat-
ter in debate, shall rise from his seat and address the President ; but
on being called to order by the President, he shall be silent ; yet if
such silenced member shall conceive himself injured thereby, the
President shall take a vote of the Convention thereon, and such mem-
ber shall submit to their determination.

4*^^. No member shall speak more than twice to any subject in debate
until each member have an opportunity to offer his opinion.

5**^. No motion from one member shall be received or debated unless
seconded by another,

6'^\ When a motion is regularly before the Convention, it shall at
any time, at the request of a member be reduced to writing by the
person making it.

[p. 20.] 7^^, On the question for adopting the federal Constitution,
and on that only, the yeas and nays may be taken if desired by a
member,

8'^^ When it shall appear that any person returned is not legally
chosen, he shall be dismissed,

9"\ That in determining any question the votes of a majority of
the members present shall be necessary, excepting such members
as may by consent of the Convention be excused from voting, on their
giving satisfactory reasons therefor,

io*'\ That a motion to postpone any Question or to adjourn shall
take place of any other motion.

11*'^, That no vote be reconsidered when there is a less number of
members present, than there was at passing the same : Which Report
was read and considered, received and accepted.

Resumed the consideration of the returns from Newing-
ton, and came to the following vote :

[p. 21.] Voted, That in order that the Convention may as-
certain whether it is the sense of the Inhabitants of New-
ington that Ephraim Pickering Esq^' or Benjamin Adams,
Esq'-', should represent them in this Convention, That the
Selectmen of Newington be requested to notify a meeting
of the voters in said Town on Monday next, to ballot for
such of those two Gentlemen as they may think proper, and
make return thereof in common form.

14 STATE OF NEW HAMPSHIRE.

Motion was made to proceed to the consideration of the
proposed federal Constitution ; which being read, it was
agreed to proceed to the investigation by paragraphs.

Article i^K

On Section i^* no debate. — After some debate on the
2^ Section, agreed to adjourn to 9 o'clock to-morrow morn-
ing.

Friday, Feb^ 15^ 1788.

The Convention met according to adjournment. Resum-
ed the debate on the 2'^ Section in Article i'*, respecting
biennial Elections, and after much debate, adjourned to 3
o'clock P. M.

Met accordingly,
[p. 22.] Proceeded to the consideration of the 3^ Section
of the first Article. Considered y^ 3^ 4^ S^'\ 6^ and 7*^
Sections.

Adjourned to 9 o'clock to-morrow morning.

Saturday, Feb^ 16*^ 1788.

The Convention met according to adjournment.

Proceeded to the consideration of the 8^^^ section of the
i^* Article, and after much debate thereon, adjourned to half
past 2 o'clock, P. M.

Met according to adjournment, and resumed the consider-
ation of the 8^^' section, and debated largely thereon.

Adjourned to Monday next at 9 o'clock, A. M.

Monday, Feb^ i8"\ 1788.

The Convention met according to adjournment. Proceed-
ed to the further consideration of the 8^^' section, and after
much debate thereon agreed to adjourn to 3 o'clock P. M.

Met accordingly : — Proceeded to the consideration of the
9*^ Section : — after some debate thereon proceeded to the
10*^ section,
[p. 23.] Adjourned to 9 o'clock to-morrow morning.

Tuesday, Feb''. I9^^ 1788.

The Convention met according to adjournment. Proceed-
ed to the consideration of the Second Article, and after
some debate on the several sections and paragraphs, pro-
ceeded to the consideration of the third Article.

Adjourned to 3 o'clock, P. M.

JOURNAL OF CONVENTION. 1 5

Met accordingly: — Resumed the consideration of the Third
Article, and after debating on the first and second Section,
adjourned to 9 o'clock to-morrow morning.

Wednesday, FeR 20*^ 1788.

The convention met according to adjournment.

Resumed the consideration of the Second section in the
third Article.

Adjourned to 3 o'clock, P. M. Met accordingly.

Proceeded to the consideration of the fourth, fifth and
sixth Articles, and after some debate respecting a Religious
test, adjourned to 9 o'clock to-morrow morning.

[p. 24.] Thursday, Feb^'. 2i^\ 1788.

The Convention met according to adjournment. — Re-
sumed the consideration of the last paragraph in the Sixth
Article, and after much debate thereon proceeded to the
consideration of the remainder of the proposed Constitu-
tion ; — after which motion was made to proceed to general
observations on the said Constitution : but a motion for ad-
journment taking place, the general observations were post-
poned until the afternoon.

Adjourned to 3 o'clock P. M. Met accordingly.
Proceeded to general observations on the Constitution.
Adjourned to 9 o'clock to-morrow morning.

Friday, Feb^'. 22^ 1788.

The Convention met according to adjournment. A mo-
tion was made & seconded that the Convention adjourn to
some future day ; but the determination was postponed until
[p. 25.] some general observations were made.

The question was put, and it was voted to adjourn to
some future day.

Voted, That when the Convention adjourn, that it be to
meet again at Concord on the third Wednesday in June
next.

Voted, That the Convention now adjourn.

1 6 STATE OF NEW HAMPSHIRE.

STATE OF NEW HAMPSHIRE.

Wednesday, June I8^^ 1788.

The Convention met according to adjournment at Con-
cord in said State.

Several persons appeared and produced certificates of
their being elected members of the Convention ; — some of
which were from Towns which had before made returns of
other persons, who had been admitted to a seat in Conven-
tion at Exeter ; and after much debate thereon came to the
following votes : —

Voted, That it is the opinion of this Convention that Mr.
Allen returned by the Town of Walpole was not legally
elected a member of Convention.

[p. 26.] Voted, That it is the opinion of this Convention,
that Mr, Fowler returned by the Town of Boscawen was
not legally elected a member.

Adjourned to 9 o'clock to-morrow morning.

Thursday, June I9*^ 1788.

The Convention met according to adjournment. Motion
was made to appoint a Committee to consider of and report
such amendments as they should judge necessary to be pro-
posed in alteration of the Constitution : — which motion was
postponed for the further discussion of the Constitution : —
And after some debate Adjourned to 3 o'clock, P. M.

Met accordingly. Proceeded to a general discussion of
the Constitution.

Adjourned to 8 o'clock to-morrow morning.

[p. 27.] Friday, June 20*^ 1788.

The Convention met according to adjournment. Resum-
ed the motion of yesterday for a Committee &

Voted, That Mr. Langdon, Mr. Bartlett, Mr. Badger, Mr.
Sullivan, Mr. Atherton, Mr. Dow, Mr. Bellows, Mr. West,
Mr. Livermore, Mr. Worster, Mr. Parker, Mr. Pickering,
Mr. Smith, Mr. Hooper, and Mr. Barrett, be a committee to
consider of and report such articles as they shall think prop-
er to be proposed as amendments to the Federal Constitu-
tion, and lay the same before this Convention.

Adjourned to 3 o'clock P. M. Met accordingly. »

JOURNAL OF CONVENTION. 1/

The Committee to consider of and report such Articles
as they should think proper to be proposed as amendments
to the Federal Constitution Reported as follows : (viz.)

First, That it be explicitly declared that all powers not expressly and
particularly delegated by the aforesaid Constitution, are reserved to the
several States to be by them exercised.

[p. 28.] Secondly, That there shall be one representative to every
thirty Thousand persons according to the census mentioned in the Con-
stitution until the whole number of Representatives amounts to two
hundred.

Thirdly, That Congress do not exercise the powers vested in them by
the fourth section of the first Article, but in cases when a State shall
neglect or refuse to make the regulations therein mentioned, or shall
make regulations subversive of the rights of the people to a free and
equal representation in Congress ; nor shall Congress in any case make
regulations contrary to a free and equal Representation.

Fourthly, That Congress do not lay direct Taxes but when the
money arising from the Impost excise and their other resources are
insufficient for the public Exigences ; nor then until Congress shall
have first made a requisition upon the States to assess, levy and pay
their respective proportions of such requisitions, agreeably to the
[p. 29.] Census fixed in the said Constitution, in such way and man-
ner as the Legislature of the State shall think best ; and in such case,
if any State shall neglect, then Congress may assess, and levy such
State's proportion, together with the Interest thereon at the rate of six
pr Cent, pr Annum, from the time of payment prescribed in such
requisition.

Fifthly, That Congress erect no company of Merchants with exclu-.
sive advantages of Commerce.

Sixthly, That no person shall be tried for any crime _ by which he
may incur an infamous punishment or loss of life, until he he first
indicted by a grand jury — except in such cases as may arise in the
government and regulation of the land and naval forces.

Seventhly, All common law cases between citizens of different states
shall be commenced in the common Law Courts of the respective
States ; and no appeal shall be allowed to the federal Court in such
cases unless the sum or value of the thing in controversy amount to
three thousand dollars.

[p. 30.] Eighthly, In civil actions between citizens of difterent States,
every issue o^f fact arising in actions at common Law shall be tried by a
Jury, if the parties or either of them request it.

Ninthly, Congress shall at no time consent that any person holding
an office of trust or profit under the United States, shall accept a tide of
nobility, or any other title or office from any King, Prince, or foreign State.

Tenthly, That no standing army shall be kept up in time of peace,
unless with the consent of three fourths of the members of each branch
of Congress; nor shall soldiers, in time of peace, be quartered upon
private houses without the consent of the owners.

Eleventhly, Congress shall make no laws touching religion or to
infringe the rights of Conscience.

STATE OF NEW HAMPSHIRE.

Twelfthly, Congress shall never disarm any citizen unless such as are
or have been in actual rebellion.

John Langdon,
for the Committee.

Signed —

[p. 31.] Which Report being read and considered was re-
ceived and accepted.

Motion was then made by Mr. Atherton, seconded by Mr.
Parker, That this Convention ratify the proposed Constitu-
tion, together with the amendments ; but that said Consti-
tution do not operate in the State of New Hampshire
without said amendments.

After some debate, motion was made by Mr. Livermore,
seconded by Mr. Bartlett & others, to postpone the motion
made by Mr. Atherton, to make way for the following mo-
tion, (viz.) That in case the Constitution be adopted, that the
amendments reported by the Committee be recommended
to Congress — which motion of Mr. Atherton being postpon-
ed, adjourned to 9 o'clock to-morrow morning.

Saturday, June 21^*, 1788.

The Convention met according to adjournment.

Resumed the consideration of Mr. Livermore's motion : —
which being determined by the Convention in the affirmative,
[p. 32.] Motion was then made by Mr. Atherton, seconded
by Mr. Hooper, that the Convention adjourn to some future
day ; but it was negatived.

Motion was then made by Mr. Livermore, seconded by
Mr. Langdon and others. That the main question be now
put for the adoption of the Constitution ; — and the yeas
and nays being called, were as follows :

Yeas
Mr. Langdon
Mr. Pickering
Mr. Long
Mr. Oilman
Mr. Blanchard
Mr. Adams
Mr. Weeks
Mr. Goss
Mr. Prescut
Mr. Thurston
Mr. Toppan
Mr. Langdon
Mr. Wiggin
Mr. Fogg

Yeas

Yeas.

Mr.

Rogers

Mr.

Wilkins

Mr.

T. Bartlett

Mr.

, Morss

Mr.

Chadwick

Mr.

Gerrish

Mr.

Gray

Mr.

West

Mr.

Glidden

Mr.

Shepherd

Mr.

Calfe

Mr.

Hall

Mr.

Bettan

Mr.

Whitcomb

Mr.

Moody

Mr.

Chamberlain

Mr.

Green

Mr.

Temple

Mr.

Sullivan

Mr.

Bellows

Mr.

Carr

Mr.

Chase

Mr.

Hale

Mr.

Griffin

Mr.

Bedee

Mr.

Kimball

Mr.

Shannon

Mr.

Livermore

JOURNAL OF CONVENTION.

Mr.

J. Bartlett

Mr. Chesley

Mr. Worster

Mr.

Stow Ranney

Mr. Hall

Mr. Crawford

Mr. Dakin

Mr. Johnson

Mr. Abbott.

Mr. Freeman
Mr. Payne
Mr. Simpson
Mr. Patterson
Mr. Young

S7 YEAS.

Mr. Weeks.

[P- 33-]

A^aj's

JVays

A^ays

Mr.

Runnels

Mr. Hooper

Mr. Jon'* Dow

Mr.

McMurphy

Mr. Austin

Mr. Green

Mr.

B. Clough

Mr. Page

Mr. Bean

Mr.

Sias

Mr. Cummings

Mr. Gaskill

Mr.

J. Clough

Mr. D. Bixby

Mr. Parker

Mr.

Smith

Mr. Hunt

Mr. Harvey

Mr.

Emery

Mr. Taylor

Mr. Thomas

Mr.

Fifield

Mr. Dole

Mr. M. Stone

Mr.

Chase

Mr. Page

Mr. Remmelee

Mr.

Sleeper

Mr. Kindrick

Mr. Grout

Mr.

B. Stone

Mr. Atherton

Mr. True

Mr.

Dow

Mr. Barrett

Mr. Penniman

Mr.

Steward

Mr. T. Bixby

Mr. Tainter

Mr.

Palmer

Mr. Jones

Mr. Winch

Mr.

Harper

Mr. Cragin

Mr. Hutchins

Mr.

Bado-er.

Mr. Cochran.

47 Nays.

STATE OF NEW HAMPSHIRE.

In Convention of the Delegates of the People of the
State of New Hampshire, June 2i^^ 1788: —

The Convention having impartially discussed and fully
[p. 34.] considered the Constitution for the United States
of America, reported to Congress by the Convention of
Delegates from the United States of America, and sub-
mitted to us by a Resolution of the General Court of said
State passed the fourteenth day of December last past, and
acknowledging with grateful hearts the Goodness of the Su-
preme Ruler of the Universe in affording the People of the
United States, in the course of his Providence, an opportu-
nity, deliberately and peaceably, without fraud or surprise,
of entering into an explicit and solemn compact with each
other, by assenting to and ratifying a new Constitution, in
order to form a more perfect union, establish justice, insure
domestic tranquillity, provide for the common defence, pro-
mote the general welfare and secure the blessings of Liber-
ty to themselves and their posterity, Do in the name and in
behalf of the people of the State of New Hampshire, as-

20 STATE OF NEW HAMPSHIRE.

sent to and ratify the said Constitution for the United States
of America ; and as it is the opinion of this Convention,
[p. 35.] that certain amendments and alterations in the said
Constitution would remove the fears and quiet the appre-
hensions of many of the good people of this State, and
more effectually guard against an undue administration of
the federal Government, the Convention do therefore recom-
mend that the following alterations and provisions be intro-
duced into the said Constitution :

First, That it be explicitly declared that all powers not
expressly and particularly delegated by the aforesaid Consti-
tution, are reserved to the several States to be by them ex-
ercised.

Secondly, That there shall be one Representative to ev-
ery thirty Thousand persons according to the Census men-
tioned in the Constitution, until the whole number of Rep-
resentatives amounts to two hundred.

Thirdly, That Congress do not exercise the power vested
in them by the fourth Section of the first Article, but in
cases when a State shall neglect or refuse to make the reg-
[p. 36.] ulations therein mentioned, or shall make regula-
tions subversive of the rights of the people to a free and
equal representation in Congress, nor shall Congress in any
case make regulations contrary to a free and equal repre-
sentation.

Fourthly, That Congress do not lay direct Taxes but
when the money arising from the impost excise and their
other resources are insufificient for the public exigencies ;
nor then, until Congress shall have first made a requisition
upon the States to assess. Levy and pay their respective
proportions of such requisition agreeably to the census fixed
in the said Constitution, in such way and manner as the
Legislature of the State shall think best ; and in such case,
if any State shall neglect, then Congress may assess and
Levy such State's proportion, together with the interest
thereon at the rate of six pr. cent pr. Annum from the time
of payment prescribed in such requisition.

[p. 37.] Fifthly, That Congress erect no company of Mer-
chants with exclusive advantages of commerce.

Sixthly, That no person shall be tried for any crime by
which he may incur an infamous punishment or loss of life,
until he be first indicted by a grand jury — except in such

JOURNAL OF CONVENTION. 21

cases as may arise in the government and regulation of the
land and naval forces.

Secondly, All common law cases between citizens of dif-
ferent States shall be commenced in the Common Law
Courts of the respective States, and no appeal shall be al-
lowed to the federal Courts in such cases, unless the sum or
value of the thing in controversy amount to three hitiidred?
dollars.

Eighthly, In civil actions between citizens of different
States, every issue of fact arising in actions at common
Law, shall be tried by a jury if the parties or either of them
request it.

Ninthly, Congress shall at no time consent that any per-
son holding an office of trust or profit under the United
[p. 38.] States, shall accept a title of nobihty or any other
title or office, from any king, prince or foreign State.

Tenthly, That no standing army shall be kept up in time
of peace, unless with the consent of three fourths of the
members of each branch of Congress ; nor shall soldiers in
a time of peace, be quartered upon private houses without
the consent of the owners.

Eleventhly, Congress shall make no Laws touching re-
ligion or to infringe the rights of conscience.

Twelfthly, Congress shall never disarm any citizen, un-
less such as are or have been in actual rebellion.

And the Convention do, in the name and in behalf of the
people of this State enjoin it upon their Representatives in
Congress, at all times, until the alterations and provisions
aforesaid have been considered, agreeably to the fifth article
of the said Constitution, to exert all their Influence and use
all reasonable and legal methods to obtain a Ratification of
the said alterations and provisions in such manner as is pro-
vided in the said article.

[p. 39.] And that the United States in Congress Assem-
bled may have due notice of the assent and ratification of
the said Constitution by this Convention : —

It is Resolved, That the assent and ratification aforesaid,
be engrossed on parchment, together with the recommenda-
tion and Injunction aforesaid, and with this Resolution ;
and that John Sullivan Esq^*. President of Convention, and
John Langdon, Esq^ President of the State, transmit the

ZZ STATE OF NEW HAMPSHIRE.

same countersigned by the Secretary of Convention and
the Secretary of the State under their hands and seals, to
the United States in Congress assembled.*

JOHN CALFE, Secretary.

[Dr. Belknap, in his history of New Hampshire, says, — "This was the
7iinth State in the union which accepted the Constitution ; and thus
the number was completed which was necessary to put in motion the
political machine." — Ed.]

*The adoption and ratification of the Constitution, by the Convention of the people of
New Hampshire, was the occasion of great joy to all the friends of the Union throughout the
country. It was announced to Gov. John Hancock, of Massachusetts, in a letter, by Presi-
dent Sullivan, as follows :

Concord, June 21, 1788.
Sir — I have the honor to inform your Excellency, by favour of Mr. Reed, who is obliging
enough to forward this letter, that the Convention of this state have this moment adopted
the New Constitution — yeas 57, nays 46 [47]. The amendments recommended, nearly the
same as in your state.

With every sentiment of respectful attachment,
I have the honor to be

Your Excellency's

Most obedient servant,

John Sullivan.
[See Hist, of Concord, p. 302.]

J" O XJ R iS" A. 31,

OF THE

CONVENTION

WHICH ASSEMBLED, IN CONCORD,

TO REVISE THE CONSTITUTION^ OF NEW HAMPSHIRE,

1791-1792,

STATE OF NEW HAMPSHIRE.

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Edward S. Livermore, Esq^
Daniel Humphreys, Esq"".
Doct^ Sam^ Tenney
James MacGregore, Esq'".
Joseph Blanchard, Esq^
Eph'" Pickering, Esq"".
Mr. George Brackett
Mr. Nathan Goss
Moses Leavitt, Esq^
Christopher Toppan, Esq'.

brook Nath^ H. Dodge
Stratham Col. Jon^. Robinson
Kensington Jeremiah Fogg, Esq"".
South Hampton & East

Mr. Eliphalet Webster
Solomon Wheeler, Esq''.

2, 3-]

Names of Towns and
places represented.

Portsmouth < (2)

1(3)
Exeter (4)

Londonderry (5)

Chester (6)

Newington (7)

Greenland

Rye

North Hampton (8)
Hampton (9)
Hampton Falls & Sea-

bio2

JOURNAL OF CONVENTION. 25

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Names of Representatives.

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Thomas Tash, jun. Esq'.
David Copp, Esq'.
Col*^ David Page

Mr. Robert Parker
Mr. David Alld
Capt. Wm. Barron
Zechariah Chandler, Esq'.
Mr. William Page
Daniel Emerson, Esq'.
Joshua Atherton, Esq'.

Names of Towns and
places represented.

Lee

Madbury (24)

Meridith & New Hamp-

ton (25)
Sandwich (26)
Tamworth
Moultonboro' &c. (27)

8,9.]
Barns tead
New Durham, &c.
Wakefield &c. (28)
Conway, Sec. (29)
Nottingham West
Litchfield
Dunstable

Merrimac (30)
Bedford (31)
Ciofifstown

Holies (32)
Amherst (33)

JOURNAL OF CONVENTION.

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Moses Chase, Esq"".
Mr. Uriah Wilcox
Capt John Duncan

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Mr. Nahum Parker
Col° Joseph Kimball

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Docf John Rogers
Thomas Crawford, Esq"".

Names of Towns and
places represented.

Rindge (44)

Walpole

Claremont

Cornish

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Acworth,Lempster &c (45)

Wendall & Unity

Surry, Gilsom & Sullivan

Stoddard & Washington

Dublin & Packersfield

Marlborough

Pltz William

Plainfield

Protectworth & N. Gran-

Holderness, &c. (46)

Plymouth & Rumney
New Chester, &c.

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87 nays

29 yeas
74 nays

33 yeas
51 nays

19 yeas
62 nays

65 yeas
14 nays

22 yeas
73 nays

31 yeas
70 nays

21 yeas
77 nays

18 yeas
81 nays

57 yeas
41 nays

15 yeas
79 nays

37 yeas
58 nays

38 yeas
64 nays

72 yeas
26 nays

61 yeas
34 nays

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62 yeas
35 nays

37 yeas
59 nays

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31 nays

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BIOGRAPHICAL SKETCHES BY THE EDITOR.

(i) John Pickering, Esq., was a native of Newington, graduated
at Harvard college, in 1761, and having devoted some time to theo-
logical studies, was offered the rectorship of an Episcopal church in
England. He declined, and applied himself to the study of the law,
in which he became eminent. He was attorney-general, 1786; was a
leading member of the convention, 1791-2; repeatedly a member of
the legislature ; president of the senate in 1789, and governor ex officio
of the state, on the election of Gov. John Langdon to the senate of
the United States. In 1790 he was appointed chief-justice of the
superior court, which office he held five years. He was afterwards
district judge of the United States. He received the degree of LL. D.
from Harvard and Dartmouth colleges. He died April 1 1 , 1805, aged ^T.

(2) Edward S. [St. Loe] Livermore was a son of Hon. Samuel
Livermore, president of the convention ; was a lawyer by profession ;
justice of the superior court of New Hampshire, 1797 to 1799. Remov-
ing to Massachusetts, he was a member of congress from 1807 to 1811 ;
he received the degree of LL. D. from Dartmouth college in 1800,
and died at Tewksbury, Mass., September 22, aged So.

(3) Daniel Humphreys, Esq.. was a native of Connecticut ; gradua-
ted at Yale college, 1757 ; came to Portsmouth about 1774, as a lawyer;
was employed by the general assembly that year to engross acts, for
which he received 2/. os. 6d.; was United States district-attorney.
New Hampshire. He died in 1827.

(4) Dr. Samuel Tenney was born in Byfield parish, Newbury,
Mass. ; graduated at Harvard college, 1772, and commenced the study of
medicine. He was present at the battle of Bunker Hill, where he
attended to the sick and wounded ; served during the whole war ; was
attached to the Rhode Island line of the army. At the close of the
war he retired from his profession and settled in Exeter, N. H. There
he was judge of probate many years; representative in congress, 1799
to 1807 ; he was an original member of the N. H. Medical Society, and
its vice-president ; a member of the American Academy of Arts and
Sciences ; an honorary member of the Massachusetts Medical Society,
and corresponding member of the Massachusetts Historical Society.
As a man of science and learning, and a true lover of his country, his
death was much lamented. He died February 6, 181 6.

BIOGRAPHICAL SKETCHES. 3 1

(5) James IMcGregore, Esq., of Londonderry, was a member of
the 4th provincial congress, in May, 1775 5 ^'^'^^ on a committee to pre-
pare a plan for furnishing troops ; on the committee for supply of the
army, and for the emission of money. He visited the army at Aledford
in June, 1775, and reported its condition to the committee of supply.

(6) Joseph Blaxchard, Esq., of Chester, born 1753, came to
Chester in 1772. Though of quite limited education, he was a man of
strong native good sense and sound judgment. He was represent-
ative, 17S8-1793; delegate to the convention which adopted the
Federal Constitution, 1788; senator and councillor, iSoo, 1801. He
died March 7, 1833, aged 80.

(7) Ephraim Pickering, Esq., of Newington, was appointed second
major in Colonel Whipple's regiment in 1776; was one of the com-
mittee of correspondence the same year, and was representative in
1780-1782. He was one of the selectmen of Newington in 1775.

(8) Moses Leavitt, Esq., of North Hampton, was appointed cap-
tain in the continental service, June 13, 1776, and authorized to raise
one hundred men to join the army in New York; was on a committee
of officers, at Hampton, in 1777, to petition the honorable committee
of safety to take measures for the defence of the seacoast ; again
appointed, 1778, to enlist soldiers for the continental army; was
appointed lieutenant-colonel of third regiment of New Hampshire
militia in 1781, and was representative to the general assembly in
1782, 1783.

(9) Hon. Christopher Toppan, of Hampton, was a very useful and
distinguished citizen, son of Dr. Edmund Toppan, and grandson of
Rev. Christopher Toppan, of Newbury, Mass. His mother was a daughter
of Colonel Joshua Wingate. Mr. Toppan often represented the town
in the legislature, was councillor in 1786, 1790, 1794. He died Febru-
ary, 1 819, aged 84.

(10) Hon. William Plumer, of Epping, was one of the most
intelligent, active, and influential members of the convention. He was
born in Newbury, Mass., June 25, 1759; in early life was a preacher ;
afterwards entered the law, and devoted a great part of his time to
civil affairs, in the service of the people : representative from Epping^
eight years, senator, president of the senate, speaker of the house of
representatives, senator in congress 1802-1807; for four years, 1S12,
1816-1818, governor of the state, and in 1820, presidential elector. He
was one of the original members and first president of the Ne\y Hamp-
shire Historical Society, 1823, and made a donation to the society of a
large and valuable collection of books, mostly public documents which
he had collected and bound together. He died December 22, 1850, at
the advanced age of 91 years. (See Memoir, &c., by his son, William
Plumer, Jr.)

(11) Gen. Joseph Cilley, was a native of Nottingham, son of
Captain Joseph Cilley, one of the original settlers of the town. Pie
was of the company that siezed Fort William and Mary in 1774. At
the commencement of the revolution he entered the army, was major,
colonel, and had command of the first N. H. regiment. Pie was dis-
tinguished for bravery and patriotism during the whole contest ; was a

32 STATE OF NEW HAMPSHIRE.

member of the Society of the Cincinnati, major-general of the N. H.
militia 1786, and as such headed the troops that quelled the insurrec-
tion in Exeter that year, arresting the leader of the rebels with his
own hand. Several times elected representative. He was senator and
councillor. He died, full of honors, August, 1799, aged 65.

(12) John McClary, of Epsom, was a delegate to the Provincial
Congress which met May, 1775, '^ representative from Epsom 1776 and
1778, a member of the committee of safety, councillor from 1780 to
1784, senator from 1784 to 1787, president of the senate 1785 and 1786,
and member of the convention 1791-92. He died June 16, 1801, aged
82.

(13) Benjamin Sias, Esq., was of Canterbury. He marched to
Saratoga, July, 1777, with eight volunteers from that town and Loudon ;
had command of the fifth company in Col. Stickney's regiment at the
battle of Bennington ; and of the second company of Col. Nichols's
regiment in Gen. Whipple's brigade, in Rhode Island, 1778; was at
Portsmouth with a company in 1779. He was a brave man, and ever
ready for action.

(14) Hon. Abiel Foster, of Canterbury, a native of Andover, Mass.,
born August, 1735 '•< was a graduate of Harvard college, 1756; ordained
as minister of the Congregational church in Canterbury, 1761 ; was dis-
missed 1779, and became distinguished in civil life as a magistrate
and legislator — representative, senator two years, and president of
that body; elected to congress in 1783, he was a member three years
under the old confederation; under the constitution of 1788 he was a
member ten years between 1789 and 1803. During life he was eminently
useful and honored. He died in Canterbur}^, February, 1806, aged 71.

(15) Hon. Timothy Walker was the only son of Rev. Timothy
Walker, the first minister of Concord; born June 27, 1737; was a
graduate of Harvard college, 1756; studied theology, and was licensed
to preach, September 11, 1759^ preached in various places without
settlement about six years. Subsequently he engaged for a while in
mercantile pursuits, — but, as the revolution came on, he entered with
patriotic fervor into the service of his country. He was a member of
the provincial congress in Exeter, May, 1775 ; one of the committee of
supplies ; paymaster of N. H. troops at IBunker Hill and elsewhere ;
colonel of the third N. H. regiment. In January, 1776, he was one of
the committee " to make a draft of the Declaration of Independence of
the United Colonies;" was one of the committee of safety; of the coun-
cil from 1776 to 1779; was repeatedly chosen as a delegate to the con-
tinental congress (though probably did not attend) ; was a member of
the constitutional conventions in 1778 and 1781 ; justice of the court of
common pleas from 1777 to 1809, being chief-justice the last five
years. In 1798 Judge Walker was the candidate of the republican
party for governor, against Governor John Taylor Gilman. Filling all
town and state offices to which he was called with fidelity and honor,
he died in the mansion where he was born. May 5, 1822, aged 85.
(See Bouton's Hz'sL Concord, pp. 579-582, etc.)

(16) Col. Nathaniel Head was born in that part of Chester which
is now Hooksett ,• he married a daughter of Timothy Knox, of Pern-

BIOGRAPHICAL SKETCHES. * 33

broke; was at Winter Hill in 1775 and 1776; ensign in Capt. Sias's
company of Col. Nichols's regiment in the expedition to Rhode Island,
1778, and captain in Col. Runnels's regiment, 1781. He was the grand-
father of Gen. Natt Head, of Hooksett.

(17) Hon. John Calfe, a native of Hampstead, clerk of this con-
vention, was twenty-nine years a justice of the peace, twenty-five years
on the bench of the court of common pleas, and twenty-five years clerk
of the house of representatives. He was a useful and good man. He
died October 30, 1803, aged 69.

(18) Dr. Nathaniel Peabody, Esq., of Atkinson, was one of the
distinguished men of his times. He was born in Topsfield, Mass.,
March i, 1741, son of Dr. Jacob Peabody; his mother, Susanna,
was a daughter of Rev. John Rogers, of Boxford, a descendant of the
martyr of that name. Having studied medicine with his father, he
settled in Atkinson, and had extensive practice. By turns he held
almost every office of trust and honor in the town and state — selectman,
representative, justice of the peace and quorum, colonel, adjutant-gen-
eral of the state, 1777-1778; commissioner with Jonathan Blanchard,
Esq., of Dunstable, to meet in convention at New Haven, Connecticut,
"to regulate the prices of labor," December, 1777; member of con-
gress, 1779-1781 ; and major-general of the militia of the state, 1793.
In the latter part of his life he was much in debt, for w^hich he was con-
fined in Exeter jail, where he died June 27, 1823, aged 82.

(19) James Gibson, Esq., of Pelham, ■was a member of the fifth
provincial congress, at Exeter, in December, 1775; representative,
1776; one of a committee to go to Boston to obtain information in
order to fix on a method for raising an army; representative, 1777 ; on
committee for regulation of trade, justice of the peace, and again
representative in 1778.

(20) John Waldron, Esq., of Dover, w^as a representative in the
provincial assembly 1774, and of the third provincial congress, at
Exeter, April, 1775. He was captain of a company in Dover, that was
designated by Gen. Sullivan to march to Winter Hill, in December,
1775, to take the place of the Connecticut forces that refused to
remain there. In 1776 he was colonel of a regiment, which was pro-
nounced by Gen. Sullivan to be "the first complete regiment on the
spot, and by far the largest and best that came from either colony."
He was a brave officer. In March, 1782, he was representative from
Dover to the general assembly.

(21) Hon. Ebenezer Thompson -was a native of Durham, and for
many years one of the most prominent of her citizens. He was many
times representative, clerk of the house and senate, secretary of state
^775~^7^S-> councillor 1787, commissioner to New Haven 1777, a mem-
ber of the committee of safety 1 775-1 781, justice of the superior court,
delegate to congress 1783, &c. He died August, 1S02, aged 65.

(22) Dr. James How, of Rochester, was a respectable physician,
and sometime member of the general court. He died October 13,
1807, aged 54.

34 • STATE OF NEW HAMPSHIRE.

(23) Rev. William Hooper, of Madbury, was a Baptist elder,
formerly of Berwick, Maine. He commenced preaching in Madbury
about 1773, and continued there several years.

(24) Thomas Cogswell, Esq., son of Nathaniel Cogswell, born
in Haverhill, Massachusetts, August 4, 1746. At the age of 24 he
married Ruth, daughter of Gen. Joseph Badger, of Gilmanton ; was
an officer in the revolutionary war, with the rank of colonel ; often
moderator and selectman in the town ; in 1784 to 1810 chief-justice of
the court of common pleas, and was twice a candidate for representa-
tive to congress. In September, 1804, he presented the Congregational
church in Gilmanton twenty-live dollars for purchasing a sacramental
service for the use of the church. He died September 3, 1810, aged 64.
His wife survived him, and died Oct. 16, 1839, aged 88. (See History
of Gihnantoii.)

(25) Hon. Ebenezer Smith, son of Daniel Smith, of Exeter, born
in 1734, was a proprietor of the town of Gilmanton, but became an
early settler in Meredith, 1768, and was as a "father to the town for
many years." He was representative, justice of the peace, judge of
probate, lieutenant-colonel of the loth regiment militia, and two years
president of the senate. He died at Meredith, August 27, 1807, aged 73.

(26) Daniel Bedee, Esq., was a member of the fifth provincial
congress, at Exeter, December, 1775 ; town-clerk and justice of the
peace the same year. He was representative to the general court,
justice of the quorum, judge of the court of common pleas, and was a
useful and much respected citizen of Sandwich.

(27) Col. Nathan Hoit, of Moultonborough, was a brave officer in
the revolution; in 1777 he was ensign in Capt. Daniel Livermore's
company; in 1781 he was lieutenant, and gradually advanced to the
command of a regiment.

(28) David Copp, Esq., of Wakefield, was a prominent citizen; in
1 77 1 he was appointed by Gov. John Wentworth one of a committee to
lay out a road from Wolfeborough to Dartmouth college ; in August,
1775, he was first major in Col. Joseph Badger's regiment of militia; in
November the same year he had command of a company for the
defence of the Piscataqua harbor and fortresses; in November, 1780,
lieutenant-colonel of the 19th regiment of militia; and in 1782-1783 he
represented the town in the legislature.

(29) Col. David Page was one of the early settlers in Conway.
He went thither from Concord, about 1765, and became a leading
citizen of the town.

(30) Capt. William Barron, of Merrimack, was a member of the
Hillsborough county congress, that met in Amherst, April, 1775; was
captain of Company 9, under Col. Isaac Wyman, 1776, and of Company
3, under Col. Moses Nichols, 1780, for the defence of West Point. He
was a brave officer and prompt in duty.

(31) Zechariah Chandler, Esq., born in Bedford, May 28, 1751,
'died April 20, 1830, aged 79. He was grandfather of the Hon. Zach

BIOGRAPHICAL SKETCHES. 35

Chandler, of Detroit, Michigan, who succeeded Gen. Lewis Cass as
U. S. senator, and is Secretary of the Interior at Washington.

(32) Daniel Emerson, Esq., of Hollis, was appointed a coroner for
Hillsborough county in 1776; captain of the 5th company in Colonel
Mooney's regiment, 1779, for the expedition to Rhode Island, and was
representative in 1782 ; he was a councillor in 1787, and died October
4, 1821, aged TS.

(j)^ Hon. Joshua Atherton, born at Harvard, Massachusetts, June
20, 1737; was a graduate of Harvard college, 1762; commenced the
practice of law in Amherst, 1772 ; was father of Hon. Charles H. Ath-
erton, and grandfather of Hon. Charles G. Atherton, both distinguished
as lawyers and civilians. In the revolution, Mr. Atherton at first
favored the loyalists, and for a time was imprisoned in Amherst jail,
but subsequently regained the confidence of his fellow-citizens ; was
a member of the convention that adopted the federal constitution 1788,
state senator 1793, and attorney-general of the state 1793-1801. He
died in Amherst, April 3, 1809, aged 71.

(34) Charles Barrett, Esq., was a distinguished citizen of New
Ipswich, son of Dea. Thomas Barrett, born in 1740; a man of inventive
genius and mechanical skill and enterprise, and an early manufacturer.
At the beginning of the revolution he was suspected of tory principles,
but he regained the confidence of his fellow-citizens ; was a delegate to
the federal convention in 1788, representative 14 years, a senator and
councillor. He died September 21, 1808, aged 68.

(35) William Abbott, Esq., born in Andover, Mass., Jan. 14, 1748 ;
settled in Wilton in 1772, where he was for many years a prominent
man in town affairs, serving as selectman, town-clerk, and representa-
tive ; he was also a member of the conventions of 1788 and 1791-2.
He was a patron of learning, good order, and religious institutions,
and a man of strict integrity. He died November 30, 1793, aged 45,
leaving a wife, six sons, and three daughters.

(36) Hon. Jeremiah Smith was one of the most active and influen-
tial members of the convention. He was a native of Peterborough,
born November 29, 1759; ^^^ ^^'^^ ^^ ^'^^ battle of Bennington at the
age of 18 ; graduated at Rutgers college in New Jersey, 1780 ; admitted
to the bar 1786, and practised in his native town about ten years;
represented that town 1788-1790; a member of congress 1791-1799,
four terms. In February, 1801, he was appointed by President Adams
judge of the circuit court of the United States ; in 1809 he was elected
governor of the state ; was chief-justice of the superior court from May,
1802, to May, 1809, and of the supreme judicial court from July, 1813,
to June, 1 816. He received the honorary degree of LL. D. both from
Harvard and Dartmouth colleges. He settled in Exeter about 1797,
where he resided the greater part of his public life, useful and honored.
He died at Dover, September 21, 1842, aged 83. (See Monoir of, by
Rev. John H. Morrison.)

(37) Robert Wallace, Esq., of Henniker, was a native of London-
derry, judge of the court of common pleas for Hillsborough county

36 STATE OF NEW HAMPSHIRE.

from 1S03 to 1813; councillor from 1788 to 1789, and from 1790 to 1803,
making in all 14 years. He died in January, 181 5, aged 66.

(38) Major Benjamin Pierce, of Hillsborough, born December 25,
1757, in Chelmsford, Mass. ; governor of the state in 1827, and again in
1829; was the father of Franklin Pierce, president of the United States
in 1 852-1 856. He was a soldier in the revolution, afterwards inspector-
general of the Hillsborough county militia, and brigadier-general ;
sheriff of the county 1807-1814, and 1819-1827; representative eleven
years, and councillor six years. A gentleman of the old school, and of
generous and noble impulses, he was held in honor as a citizen. He
died at his family mansion in Hillsborough, April i, 1839, in the 82d
year of his age.

(39) Rev. Amos Wood was pastor of a Baptist church in Weare ; he
was ordained November 19, 1788, and died February 3, 1793.

(40) Major Caleb Stark was the eldest son of Gen. John Stark,
born December 3, 1759. ^^ ^^^ ^^ ^^^ battle of Bunker Hill in 1775 ;
continued in the army through the war; he had commission as ensign
in 1776; was adjutant in Col. Cilley's regiment in the battle of Behmus
Heights, October, 1777. After the revolution he resided in Boston as
an importing merchant some years, but in 1812 he engaged in cotton
manufacture in Suncook, New Hampshire. He died in Oxford, Ohio,
August 26, 1838, but was buried in Dunbarton.

(41) Rev. Jonathan Searls was born in Rowley, Massachusetts;
graduated at Harvard college, 1765 ; was minister of the Congregational
church in Salisbury, of which Col. Ebenezer Webster was a member.
He was ordained November 17, 1773, dismissed November 8, 1791,
and died in December, 1819, aged 74.

(42) Nath'l Sartile Prentice, of Alstead, was town-clerk in 1775,
representative in 1775 and 1776; was captain of a company, and justice
of the peace for Cheshire county in 1776, and in July of that year was
one of the committee of safety. When the dispute arose relating to
the New Hampshire grants, 1 776-1 780, he took sides with Vermont,
and on Dec. 5, 1781, a warrant was issued for his arrest, on charge of
"acting as an officer of Vermont" within the bounds of New Hamp-
shire, and as "guilty of sundry acts inimical to this state." Accord-
ingly he was arrested, tried by the committee of safety, and imprisoned
in Exeter gaol, 1782. In March the general assembly voted "to strike
off his name from the list of civil officers in the state." It appears that
he regained the confidence of his fellow-citizens, and was delegate to
the convention in 1791-92.

(43) Daniel Newcomb, Esq., of Keene, graduated at Harvard col-
lege 1768; w^as town-clerk; one of the delegates to the convention in
Walpole, November 15, 1780, relating to the jurisdiction of the New
Hampshire grants, and again at Charlestown in January 24, 1781. In
1 796-1 798 he was chief-justice of the court of common pleas for Cheshire
county. He died 181 8.

(44) Col. Daniel Rand, of Rindge, was born in Shrewsbury, Massa-
chusetts, Oct. 15, 1742, son of Solomon Rand. In the revolution he

BIOGRAPHICAL SKETCHES. 3/

was an ensign in the Lexington company, lieutenant in Col. Isaac
Wyman's regiment in 1776, and captain in Col. Moore's regiment
in 1777, and was appointed colonel of New Hampshire militia about
1785. He represented the town in the legislature ten years, and seven
years was one of the selectmen of the town ; a man "of strict integrity
and unimpeachable character." He died July 3, 181 1, aged 69.

(45) John Duncan, Esq., was a native of Londonderry, and settled
in Antrim in 1773, his family being the seventh that settled there. He
was long an eminent citizen, being selectman, town-clerk, representa-
tive, and senator. His cheerfulness, candor, and integrity won him
many friends. As a magistrate, he was eminently a peace-maker; and
as an elder of the church, he labored to advance the moral and religious
interests of the town. Sometimes, but sparingly, he indulged in sallies
of wit. A Mr. Pickering, an eminent lawyer, once said in the house of
representatives that lawyers were the pillars of the state, as without
their aid not a single important bill could be drafted. Mr. Duncan rose
and said, in his Scottish accent, — ''Mr. Speaker : There are different
kinds of pallyars : there is a kind of pallyars that supports buildings ;
there is also another kind of pallyars called eater-pally ars^ that devour
men's substance. If the gentleman refers to the latter kind of pall-
yars, I perfectly agree with him."' He closed his long life in March,
1823, at the age of 89. {Hist, of Antrim.)

(46) Hon. Samuel Livermore, Esq., president of the convention,
was probably a descendant of John Livermore, who was in Water-
town, Mass., 1642. He was born in Waltham, Mass., May 14, 1732,
O. S; graduated at Princeton, N. J., 1752; came to New Hampshire
1757, and established himself in Portsmouth ; for several years was
judge-advocate of the admiralty court, and in 1769 was the king's
attorney-general for New Hampshire. About 1765 he settled in Hol-
derness, Grafton county ; representative from that town ; attorney-
general of the state before the revolution, and afterward, 1776; in 1779
he was appointed commissioner to support and defend the claims to
the New Hampshire grants ; member of congress 1 780-1 782, and then
chief-justice of the state 1 782-1 790, as successor of Hon. Meshech
Weare. He was a member of the federal convention in 1788; again
elected to congress 1 790-1 793; United States senator six years; he
received the honorary degree of LL. D. from Dartmouth college
1792. He died at Holderness, May, 1803, in the 72d year of his age.

(47) Elisha Payne, Esq., of Lebanon, graduate of Dartmouth
college in 1784; died 1808, aged 45.

[p. 37.] A JOURNAL OF THE Proceedings of the Con-
vention OF THE State of New Hampshire for re-
vising THE Constitution of said State.

Wednesday, Sept^ 7*^ 1791.

Upwards of eighty members met in Convention agreably
to precepts issued for that purpose : After making choice of
the Hon^^^ Timothy Walker, Esq. as chairman and being
sworn, proceeded to the choice of a Secretary by ballot, and
John Calfe, Esq. was chosen and sworn for that purpose.

Motion was then made for the choice of a President and
the Hon^'l Samuel Livermore, Esq. was chosen.

Voted, That Mr. Cilley, Mr. Thompson, Mr. Newcomb,
Mr. Walker & Mr. Macgregore be a Committee to examine
the returns of the several members and report thereon.

Voted, That Mr. Plummer, Mr. Page, Mr. Rogers, Mr.
[p. 38.] Livermore & Mr. Atherton be a Committee to re-
port such rules as they may judge necessary to be observed
in regulating the proceedings in this Convention.

Voted that the Rev*^ Mr. Evans be requested to attend
and officiate as Chaplain (i) to this Convention during their
present Session.

Adjourned to 9 o'clock to-morrow morning.

Thursday, Sept^* 8"\ 1791.

Met according to adjournment.

The Committee to examine the returns having reported :
Resolved that the returns of members from the Towns and
districts intitled to send delegates to this Convention be re-
ceived and deemed sufficient unless any particular objection
is made thereto.

With respect to Towns that had chosen members, who
had not heretofore sent Representatives to the General
Court, the Committee reported as follows : — That the Town
of Epsom is intitled by Constitution to send a member to
Convention.

(i) The Rev. Israel Evans was at this time minister of Concord, and pastor of the Congre-
gational church. He was a chaplain in the army during the revolution. From 1777 till the
close of the war he was connected with the New Hampshire brigade, at first under the com-
mand of Gen. Enoch Poor. He was a great admirer and friend of Gen. Washington. It is
related that in his last sickness, being visited by Rev. Dr. IMcFarland, his successor in office,
the latter prayed for him, "That at life's close he might sit down with Abraham, Isaac, and
Jacob in the kingdom of God." To which Mr. Evans audibly added, "and ivith Washing-
ton, too." He died in Concord, March 9, 1807, in the 60th year of his age. — Ed.

JOURNAL OF CONVENTION. 39

[p. 39.] They have also had satisfactory evidence to them,
that Northwood & Allenstown have a Constitutional right
to send a member, & that Allenstown was notified to join
in the meeting at which Jonathan Clark Esq was chosen.

It appears to your Committee from evidence satisfactory
to them that Hinnekar & Hillsborough each have a right
by the Constitution to send members.

The Town of Litchfield hath not been classed with any
other Town for representation since the Constitution was
adopted & therefore have not been represented in the Gen-
eral Court, but would have been entitled to send a mem-
ber had they petitioned the General Court for the purpose.

That Rochester has a Constitutional right to send two
members to the Convention.

The foregoing report was accepted, and the Delegates al-
lowed a seat in Convention.

The Committee to report such Rules as they judged nec-
essary to be observed in regulating the proceedings in Con-
vention reported the following rules.

[p. 40.] i^*. 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.

2^^. No member shall speak to another or otherwise inter-
rupt the business of the Convention while the Journal is
reading or when any member is speaking ; nor pass be-
tween the President and a member speaking,

3^\ Every member when he speaks shall stand up and ad-
dress the President and wdien he has finished shall sit down.

4*K No member shall speak more than twice in any one
debate on the same day without leave of the Convention.

5^^ When two members rise at the same time, the Presi-
dent shall name the person to speak, but in all cases the
person first rising shall speak first.

[p. 41.] 6"\ When the President shall stand up to put the
question, the members shall sit down and keep silence.

7"\ No motion shall be debated until the same shall be
seconded — and any member may at any time withdraw his
motion.

8'^ When a motion shall be made and seconded it shall
if desired by the President or any member be reduced to
writing, delivered in at the table and read by the President
before the same shall be debated.

40 STATE OF NEW HAMPSHIRE.

gth While a question is before the Convention, no motion
shall be received, unless for an amendment, for postponing
the main question, or to commit it, or to adjourn.

lo^^ The previous question being moved and seconded,
the question from the Chair shall be, " Shall the main ques-
tion be now put .'' " and if the negative prevails the main
question shall not then be put.

[p. 42.] 1 1^^ If a question in debate contain several points,
any member may have the same divided.

12^^ Committees of less than five shall be nominated by
the President, but Committees of five or more shall be cho-
sen by ballot.

13^^ Questions of order shall be determined by the Pres-
ident, but any member may appeal to the Convention ; and
when a member is called to order, he shall sit down until the
question is determined, whether he is in order or not, which
shall be decided without debate, but the member may explain.

I4^'\ The yeas & nays if called for by any one member
shall be entered on the Journal upon any proposition moved
to be sent out to the people as an amendment or alteration
to the Constitution ; and each member present, and having
heard the debates upon the particular question shall give
his yea or nay except excused by a vote of the Convention :
[p. 43.] — and in the same manner may the yeas and nays
be taken and entered on the Journal upon all the amend-
ments collectively agreed to by the Convention to be sent
out to the people.

i5*^\ Every question being put by the President shall be
taken to be in the afifirmative 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.

i6^^ No person except a member or an of^cer 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.

(i) The meeting of the convention was held in the town-house in Concord, built in 1790,
and designed at the time partly for the accommodation of the general court. It was a one-
story building, on the spot where the city hall stands, with a door in the middle. The inte-
rior contained two rooms, — one for the house of representatives, on the north side, and the
other for the senate, on the south, with several small committee-rooms on the back side. A
stairway led to a small gallery for spectators. In this building the general court held its
sessions till the completion of the state house in i8ig. See Boutan's Hist, of Concord, pp.
304-307.— Eu.

JOURNAL OF CONVENTION.

Which Report was read and considered, received and ac-
cepted.

Read the Bill of Rights & Constitution of the State.

[p. 44.] Adjourned to 3 o'clock, P. M.
Met accordingly.

Voted That the Constitution be read by sections or arti-
cles, in order that any member may offer his sentiments rel-
ative to any defects therein and propose such alterations as
he may think necessary. The i^*, 2'\ 3*^\ 4*^ & 5*^^ articles
in the Bill of rights were read and no debate ensued.

The 6"^ article was read & largely debated and some al-
terations proposed, but no vote obtained in favour of the
alterations.

A motion was made to erase the 6*^^ article in order to
substitute another in its stead ; on which motion the yeas
& nays were called and are as follows, viz.

Veas.

Mr. Humphreys

Mr. Flanders

Mr. Plummer

Mr. Whipple

Mr. Dow

Mr. Rogers

Mr. Hoyt

Mr. Crawford

Mr. Tash

Mr. Johnson

Mr. Copp

Mr. Hutchins

Mr. Greelev

Mr. White.

Mr. Stark '

A^ays.

ATays.

[p. 45.] Mr. E. Livermore

Mr. Walker

Mr. Tinney

Mr. Head

Mr. ^Macgregore

Mr. Emerson

Mr. Blanchard

Mr. Swain

Mr. Pickering

Mr. Tilton

Mr. Brackett

Mr. Calfe

Mr. Goss

Mr. Peabody

Mr. Leavitt

Mr. Davidson

Mr. Toppan

Mr. Gibson

Mr. Dodge

Mr. Waldron

Mr. Robinson

Mr. Thompson

Mr. Fogg

Mr. Rawlings

Mr. Webster

Mr. Palmer

Mr. Wheeler

Mr. How

Mr. Stow Ranney

Mr. Waldron

Mr. Rogers

Mr. Harper

Mr. Ciliey

Mr. Cogswell

Mr. March

Mr. Clough

Mr. McCIarev

Mr. Hooper

Mr. Clark

Mr. Smith

Mr. Si as

Mr. Bedee

Mr. Foster

Mr. Hodgdon

STATE OF NEW HAMPSHIRE.

Mr. D. Page

Mr. R. Parker

Mr. AIM

Mr. Barron

Mr. Chandler

Mr. Wm. Page (G)

Mr. D. Emerson

Mr. Atherton

Mr. Barrett

Mr. Fisk

Mr. P. Clark

Mr. Cragin

Mr. J. Smith

Mr. Nicols

Mr. Wallace

Mr. Pierce

Mr. Warren

Mr. Wood

Mr. Searls

Mr. Green

Mr. W. Page (C)

Mr. Prentice

Mr. Newcomb

Mr. Whitcomb
Mr. Gilmore
Mr. Alexander
Mr. Temple
Mr. Jackson
Mr. Rand
Mr. French
Mr. Kingsbury
Mr. Chase
Mr. Wilcox
Mr. Duncan
Mr. Holmes
Mr. Warden
Mr. Tainter
Mr. N. Parker
Mr. Kimball
Mr. Livermore
Mr. Payne
Mr. Franklin
Mr. Tarlton
Mr. Carlton
Mr. Cargill.

15 yeas — 89 Nays. So it was negatived.
Adjourned to 9 o'clock to-morrow morning.

Friday Sept'". 9"' 1791.

Met according to adjournment.

Resolved, that the following rule be observed in regulating
the proceedings in this Convention.

[p. 46.] I7^^ That it be a rule in conducting business that
in any stage of a Question a motion to postpone the further
consideration of any matter in debate, be considered as in
order, and the main question left open for future discussion.

The 7*^ 8*", 9^^ lo^'^ IIt^ I2t^ 13^ 14,'^^ 15"^ and 16*^^ Ar-
ticles were read and no debate ensued.

The 17*^ Article was read, and it was resolved that the
following words be inserted, "in the Courts of this State,"
which words are to follow next after the words, " In criminal
prosecutions," and that the word "Assembly" be expunged,
and the word "Legislature" inserted in lieu thereof.

The 18*'' Article was read and no debate thereon.

The 19^^ Article was read and debated and motion was
made to expunge all the words in said Article, after the
word "possessions," which motion was committed to the con-

JOURNAL OF CONVENTION. 43

sideration of Mr. Peabody, Mr. Foster and Mr. Smith of Pe-
terboro'; — and that they report thereon,
[p. 47.] The 20*^^ Article was read and objected to and it
was voted to be postponed until the Judiciary System may
come under consideration.

The 2i^S 22^ 23"\ 24^^ 25*^ 26*^, 27'^ 28"^ 29"^ & 30^^^ were
read and no debate ensued.

The 31'* was read and debated, and motion was made to
strike out the whole of said article — the determination on
said motion was voted to be postponed until the Constitution
comes under consideration.

The 32'^ Article was read and motion made to postpone
the consideration thereof until the Plan of Government comes
under consideration.

The 33'^ & 34*^' Articles were read but not debated.

The 35^^ Article was read and after some debate it w^as
voted to be postponed until the Plan of Government comes
under consideration.

The 36^'\ 37^^ & 38'" Articles were read and no debate
thereon.

Adjourned to 3 o'clock P. M.

Met accordingly.

The first paragraph in the Form of Government under
Part 2'\ was read and not debated.

Under General Court, the first was read and not de-
bated.

The second paragraph was read and motion was made
[p. 48.] that the word **June" be struck out and the word
January inserted, which was negatived. Motion was then
made that the word "June" may be struck out and some
other may be agreed on — but the motion was lost.

The 3'^ & 4*^ paragraphs were read but not debated.

Under Senate,

The first paragraph was read and debated but no altera-
tion took place.

The second was read and debated with respect to the num-
ber of Senators and the proportion as it now stands ; which
debate terminated in the following motion, "That that part
of the Constitution which respects the number and propor-
tion of Senators be referred to a Committee of one from each
County; — which passed in the affirmative, and the ballots

44 STATE OF NEW HAMPSHIRE.

being taken for the Committee Mr. Peabody, Mr. Cogswell,
Mr. Smith of Peterboro', Mr. Page of Charlestown & Mr.
Freeman were chosen to take said motion under considera-
tion and report thereon.

The third, fourth, fifth & sixth paragraphs were read and
no debate thereon.

[p. 49.] The seventh paragraph was read and motion was
made that the word "majority" be struck out, and the word
plurality inserted — which motion after debate, was voted to
be postponed.

Adjourned to 9 o'clock to-morrow morning.

Saturday Sepf. io*\ 1791.

Met according to adjournment.

The seventh paragraph having again come under consid-
eration, motion was made that the whole of the paragraphs
under the head of Senate, be referred to the Committee ap-
pointed on the motion respecting the number and proportion
of Senators, and that they report on the whole under said
head.

Under the head,

"House of Representatives,"

The whole was read — Then proceeded by paragraphs. On
reading and considering the first paragraph under said head,
motion was made that the words " One hundred & fifty" be
expunged, and the words "two hundred" inserted — which
motion was lost. Motion was then made that the paragraph
ascertaining the number and proportion of Representatives
be so altered as to lessen the number of Representatives ; —
[p. 50.] After some debate, the previous question was called
for, and the question was put by the President, Shall the
main question be now put.-^ which passed in the negative:
after which the yeas and nays were called for ; but it being
doubted whether it were in order to call for the yeas & nays
after the matter was decided, the President requested the
opinion of the Convention on the point of order ; The same
was determined by yeas and nays and are as follows, (viz.)

Veas. Yeas.

Mr. E'l Livermore Mr. Goss

Mr. Humphrey Mr. Robinson

Mr. Tinney Mr. Fogg

Mr. Macgregore Mr. Stow Ranney

JOURNAL OF CONVENTION.

Mr. Plummer

Mr. Rogers

Mr. March

Mr. Waldron

Mr. Thompson

Mr. Chandler

Mr. Page (Goffstown)

Mr. Barrett

Mr. Fisk

Mr. Jere Smith

Mr. Stark

Nays.
Mr. Blanchard
Mr. E. Pickering
Mr. Brackett
Mr. Leavitt
Mr. Dodge
Mr. Webster
Mr. Wheeler
Mr. Cilley
Mr. McClarey
Mr. Clark
Mr. Sias
Mr. Foster
Mr. E. Wood
Mr. Walker
Mr. Head
Mr. N. Emerson
Mr. Swain
Mr. Tilton
Mr. Calfe
Mr. Peabody
Mr. Dow
Mr. Davidson
Mr. Gibson
[p. 51.] Mr. Rawlings
Mr. Palmer
Vlx. How
Mr. Waldron
Mr. Harper
Mr. Cogswell
Mr. Clough
Mr. Hooper
Mr. E. Smith
Mr. Bedee
Mr. Hoit
Mr. Hodgdon
Mr. Tash
Mr. Copp

29 yeas, 74 nays — so it
Adjourned to 3 o'clock

Mr. Green

Mr. Page (Charles*^)

Mr. Prentice

Mr. Newcomb

Mr. Gilmore

Mr. Temple

Mr. Kingsbury

Mr. J. Duncan

Mr. Freeman

Mr. Payne

Mr. Franklin.

Nays.
Mr. R. Parker
Mr. Alld
Mr. Barron
Mr. D. Emerson
Mr. Atherton
Mr. Abbott
Mr. P. Clark
Mr. Cragin
Mr. Nichols
Mr. Wallace
Mr. Pierce
Mr. Warren
Mr. Greeley
Mr. A. Wood
Mr. Searls
Mr. Flanders
Mr. Whitcomb
Mr. Whipple
Mr. Alexander
Mr. Jackson
Mr. Rand
Mr. French
Mr. Chase
Mr. Wilcox
Mr. Holmes
Mr. Warden
Mr. Tainter
Mr. N. Parker
Mr. Kimball
Mr. S. Duncan
Mr. Rogers
Mr. Crawford
Mr. Johnson
Mr. Hutchens
Mr. Tarlton
Mr. White
Mr. Carlton.

was determined to be out of order.
P. M.

46 STATE OF NEW HAMPSHIRE.

Met accordingly.

The first paragraph being again read, a motion was made
to postpone the further consideration thereof until Monday
next at 4 o'clock P. M. — passed in the affirmative. The sec-
ond, third & fourth paragraphs were read & motion was made
to postpone the consideration thereof until Monday next at
4 o'clock P. M. which passed in the affirmative.

The fifth paragraph was read and motion made that an
alteration be made in this Article so that the election be
determined by poll, if required by seven of the electors pres-
ent: — which motion was lost: motion was then made that
the words "Shall be of the Protestant religion," be struck
[p. 52.] out — to determine which the yeas & nays were
called, and are as follows, (viz.)

Veas. Yeas.

Mr. Humphreys Mr. Whipple

Mr. Tinney Mr. Temple

Mr. Blanchard Mr. Copp

Mr. Stow Ranney Mr. Wilcox

Mr. Plummer Mr. Freeman

Mr. Rogers Mr. Payne

Mr. Foster Mr. White

Mr. Peabody Mr. Carlton

Mr. Hoyt Mr. Rogers

Mr. Thompson Mr. P. Page

Mr. Greeley Mr. Crawford

Mr. Barrett Mr. Johnson

Mr. Flanders Mr. Freeman

Mr. Jer«^ Smith Mr. Payne

Mr. Tash Mr. How

Mr. Stark Mr. Clough

Mr. Bedee Mr. Bedee ? (i)

Mr. Page, (C) Mr. Hooper.

33 yeas — 51 nays — so it was negatived.

[Note. The names of the nays are not entered ; and the yeas, as
recorded, are 35 instead of 33. — Ed.]

Adjourned to Monday next at 10 o'clock, A. M.

[p. 53.] Monday, Sept. 12"', 1791.

Met according to adjournment.

The sixth paragraph was read and the following introduced
in its stead.

"The members of both Houses of the Legislature shall
be compensated for their service out of the public Treasury

(i) This name appears twice. — Ed.

JOURNAL OF CONVENTION. 47

by a Law made for that purpose. All vacancies may be filled
up at any time as occasion may require."

The 7"^ paragraph was read but not debated.

The 8"^ was read and some debate ensued but no altera-
tion made.

The 9^^ I0*^ & 11*^^ paragraphs were read & no debate
ensued.

The 12^^ paragraph was read and motion made to make
the following addition: "The House of Representatives shall
be the Judge of the returns, elections and qualifications of
its own members as pointed out in the Constitution" — which
passed in the affirmative.

The 13^^^ paragraph was read and motion made to strike
out the following words — "The Journals of the proceedings
of both Houses of the General Court shall be printed and
published immediately after every adjournment or proroga-
tion:" — After some debate the motion was referred to Mr.
[p. 54.] Peabody, Mr. Thompson and Mr. Payne, who are to
report their opinion thereon.

Motion was then made that the last clause of said para-
graph be expunged, which consists of the following words :
"And upon motion made by any one member, the yeas &
nays upon any question shall be taken & entered in the
Journals:" after some debate the motion was withdrawn.

Motion was then made that said last clause be altered to
read in the following manner: — "And upon motion made by
any one member and seconded by another, the yeas and nays
upon any question shall be taken and entered in the Jour-
nals" — which motion was determined in the negative by yeas
and nays, which were as follows:

[The names are not entered. — Ed.]
[p. 55.] 19 yeas, 62 Nays, (i)

Executive Power.

Under the head of President.

The first paragraph was read and voted that the stile of
the Supreme Magistrate be altered from "the President of
the State of New Hampshire," to "the Governor of the State
of New Hampshire."

(i) Persons who are curious to learn the names of those who voted yea or nay, may consult
the marks jv or « as entered against the name of each member on u specified day, as seen in
the list of members on pp. 2-33. — Ed.

48 STATE OF NEW HAMPSHIRE.

The second & third paragraphs were read and the consid-
eration thereof postponed by vote until the afternoon.

The fourth paragraph was read and motion was made to
expunge said paragraph, and after some debate passed in the
affirmative ; — the yeas and nays on the determination were
as follows, (viz.)

[Names are not entered. — Ed.]
[p. 56.] 65 yeas — 14 Nays.

Adjourned to 3 o'clock P. M.

Met accordingly.

The fifth & sixth, seventh & eighth paragraphs under
said head were read and no debate ensued.

The ninth paragraph was read and motion was made that
the following be inserted in lieu thereof: — ''that all Judicial
Officers, the Attorney General, Solicitors, all sheriffs, coro-
ners, registers of probate, and all officers of the Navy and
[p. 57.] general and field officers of the militia, shall be nomi-
nated by the Governor and by and with the advice and con-
sent of the Council, shall be appointed by him, 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 & subal-
terns 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
recommendation.

Resumed the consideration of the first paragraph under
the head of House of Representatives, [see marg, pp. 49-51]
which was postponed on Saturday last to this time, and mo-
tion was made in the following words: "That there shall be
in the Legislature of this State a House of Representatives
consisting of sixty persons who shall be the second branch
of the Legislature and annually elected by the people: That
such representation may be as equal as circumstances will
admit, the General Court shall divide the State into sixty
districts making such division by the number of rateable
polls as equal as may be so as not to divide towns & unincor-
porated places, and timely to make known to the Inhabitants
[p. 58.] of the State the limits of each district; That each
district shall be entitled to send one representative ; that the
member of the House of Representatives shall be annually
elected on the first Monday of March; That every male

JOURNAL OF CONVENTION. 49

inhabitant of each town in the District to which he belongs of
twenty one years & upwards, paying for himself a poll Tax
shall have a right at said meeting to be duly warned & holden
annually forever on said first Monday of March, to vote in
the town wherein he dwells for the representative of the dis-
trict whereof he is a member, and after the Inhabitants of
the towns have voted the meetings shall be adjourned to the
third Monday of March; That on the second Monday of
March the several Town clerks of each district shall meet
at some convenient central place in the district with copies
of the record of the proceedings of said town meetings to ex-
amine and count the votes, and if upon examination it shall
appear to said Town clerks that any one has a majority of
the votes, they shall declare him chosen and a certificate of
his choice signed by the major part of said clerks shall be
[p. 59.] deemed sufficient evidence of his election ; but in case
no one person has a majority of votes the said clerks shall
return to the several Towns in the district the two persons
having the highest number of votes, and on the third Mon-
day of March the inhabitants of the said Towns shall elect
one of the candidates to represent said district: The said
Town clerks of the district shall meet again on the fourth
Monday of March at the place of their first meeting with a
copy of the record of the last meeting, and sort, count and
examine the votes and declare who is elected representative
of the district, and a certificate signed by the major part of
said clerks shall be the proper evidence of such Representa-
tive's election.*

[p. 60.] After some debate, a division of the motion was
called for and the yeas and nays required on the first clause
in said motion, namely — "There shall be in the Legislature
of this State, a House of Representatives consisting of sixty
persons who shall be the second branch of the Legislature,
and annually elected by the people."

The yeas & nays being taken were as follows, viz.f

22 yeas — 73 nays, so it was negatived,
[p. 61.] Motion was then made to strike out the words "one
hundred and fifty," in order to insert a larger number: to de-
termine which the yeas and nays were called and are as fol-
lows (viz.)
[p. 62.] 31 yeas — 70 nays. So it was negatived.

* This motion was made by William Plumer. — Marg.
f Names are not in any case entered. — Ed.

50 STATE OF NEW HAMPSHIRE.

Motion was then made that the words ''if four hundred
and fifty rateable polls," be erased and the words " three hun-
dred" be inserted instead thereof: And the words, "making
three hundred such polls the mean increasing number for
every additional representative," be also erased : — on which
motion the yeas and nays were called for and were as follows,
(viz.)
[p. 63.] 21 yeas — yj Nays. So it passed in the negative.

Adjourned to 8 o'clock to-morrow morning.

Tuesday, Sept. 13*^ 1791.

Met according to adjournment.

The second, third & fourth paragraphs under the head of
House of Representatives were resumed, read & considered,
but no alteration made.

Proceeded to tenth paragraph under the head Presi-
dent.

The I0*^ II*^ I2*^ I3*^ I4*^ I5^^ I6^^ & 17^^ paragraphs
were read and no debate ensued.

[p. 64.] The 18^^ paragraph was read and postponed until
the committee report, who were chosen to report respecting
senators.

Under the head " Council"

The first paragraph was read and after some debate, voted
to postpone the whole under the head Council, until it shall
be determined in what manner the Senate shall be appointed.

Under the head,

"Secretary, Treasurer, Commissary GenV &c.

the first & second paragraphs were read & no debate ensued.

Under the head

"County Treasurer," &c.

The paragraph was read and after some debate, voted. That
the following be inserted instead thereof: "The County Treas-
urer and register of Deeds shall be elected annually by the
Inhabitants of the several Towns in the several Counties in
this State according to the method now practised ; But the
Legislature may alter the present Laws & method of collect-
ing the votes, and before they enter upon the business of
their offices, shall be respectively sworn faithfully to dis-
[p. 65.] charge the duties thereof, and shall severally give

JOURNAL OF CONVENTION. $1

bond with sufficient sureties in a Reasonable sum for the
use of the County for the punctual performance of their re-
spective trusts."

The committee chosen to report upon several paragraphs
under the head " Senate" reported in favour of several amend-
ments or alterations, as follows : —

jst "Xhe Senate shall choose one of their own mem-
bers President of the Senate" — which was read and consid-
ered, received and accepted.

2^. "The Legislature shall divide the State into twelve dis-
tricts having respect to the proportion of public taxes as
nearly equal as may be without dividing Towns or places,
and each district shall choose one."

Upon reading the 2^ paragraph above mentioned, motion
was made to strike out the word "twelve," and insert the
word "fifteen," which motion was determined by yeas and
nays and were as follows : —
[p. 66.] 1 8 Yeas, 8i Nays. So it was negatived.

Motion was then made to strike out the word "twelve"
and insert the word "thirteen," which passed in the affirma-
tive — and the paragraph thus amended was rec^ & accepted.

3*^^ "The 2^ section under the head of Senate to be ex-
punged" — which passed in the affirmative.

^th "Meetings for the choice of Senators to be holden on
the i^^ Tuesday of March & adjourned to the third Tuesday
of the same month," which was read and debated, and the
following voted to be inserted in its stead: — The Inhabi-
[p. 6/.] tants of the several towns and places in this State
shall give in their votes for Senators at their annual meet-
ings in the month of March.

5^^ "Meetings for the choice of Senators to be holden,
governed and the proceedings certified as the Law directs
in other cases" — which passed in the affirmative.

6'^ "The votes to be returned to persons appointed by
the Legislature in each district who are to count them, and
in case of no choice return the two highest to the several
towns and places in such district ; one of whom at the ad-
journed meeting to be elected."

Which 6^^ article in the report was divided and the first
part thereof accepted, namely, " The votes to be returned to
persons appointed by the Legislature in each district who
are to count them."

52 STATE OF NEW HAMPSHIRE.

Motion was then made that the remainder of the sixth ar-
ticle reported, be struck out, "and in case &c." and the fol-
lowing words inserted: *'And the person having the highest
number of votes in each district shall be declared duly chosen
and the choice shall be certified by the persons who examine
the votes."

To determine which the yeas and nays were called, and
are as follows : — viz.
[p. 68.] 57 yeas, 41 nays. So it passed in the affirmative.

7*^\ " The qualification of a Senator as to estate shall be
Jive Jmndred pounds I' which was debated and motion made
that " five hundred " be struck out, and " two hundred " in-
serted, which passed in the affirmative ; and the paragraph
accepted with the amendment.

[p. 69.] 8*^ " Vacancies shall be filled up by the district in
which the same may happen in the same manner : the gov-
ernor appointing the time of holding the meetings : " which
was read and considered, rec^^ & accepted.

gth a When the Senate sit on the trial of impeachments,
they may adjourn themselves to any time and place, though
the Legislature be not then & there assembled:" — which
was read and consider'd received and accepted.

Adjourned to 3 o'clock, P. M. Met accordingly.
Under the head, "Judiciary Power,"
The whole was read and no debate ensued.

Under the head, "Clerks of Courts,"
The paragraph was read and no debate thereon.

Under the head, " Delegates to Congress,"
The whole was read, and voted that it be expunged.

Under the head, "Encouragement of Literature,"
The Paragraph was read but not debated.

Under the head, "Oaths & Subscriptions," &c.

the first paragraph was read containing form of Oaths &c.
motion was made, the form of Oath called the Oath of
[p. 70.] allegiance be struck out in order to introduce some
other form instead thereof : — which passed in the affirma-
tive : — where upon Voted that the following form be in-
serted :

JOURNAL OF CONVENTION. 53

**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 7ne God!*

Voted that the following proviso be inserted, namely :
" Provided also, that when any person chosen to any of the
offices aforesaid shall have already taken & subscribed this
Oath or affirmation of Allegiance and the same shall be on
record or on file in the Secretary's office, it shall not be
necessary for him to take it again on his being chosen."

The second and third paragraphs were read and no de-
bate thereon.

The fourth paragraph was read, and it was voted to strike
out the whole of the paragraph excepting the following
words : " all writs issuing out of the Clerks office in any of
the Courts of Law shall be in the name of the State of
New Hampshire."

[p. 71.] The 5^^ 6^^ 7*^ S*^, 9*^ & lo^^ paragraphs were
read and not debated.

The eleventh paragraph was read and after some de-
bate the following alterations were voted. That the words
" members of Congress or any person holding an office
under the United States shall hold the office of Governor
or" — which words are to be inserted between the word
" nav^al officers " and the words, " shall at the same time "
&c.

The following motion was made, "That attorneys that
practise at the Bar be exempted from holding a seat in the
Senate or House of Representatives," on which motion the
yeas & nays were called and are as follows :
[p. 72.] 1 5 yeas — 79 Nays. So the motion was lost.

Motion was then made that 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 ; — which passed in the affirmative.*

The remaining paragraphs were read and no debate
thereon.

Voted, That Mr. Plummer, Mr. Smith & Mr. Payne be a
Committee to reduce to form the proposed amendments and
report thereon.

* This motion was made by William Plumer. — Mar^:

54 STATE OF NEW HAMPSHIRE.

[p. 73.] Voted That Mr. Newcomb, Mr. Humphreys and
Mr. Atherton be a Committee to take under consideration
the several paragraphs under the head " Council," and
report thereon.

Adjourned to 9 o'clock to-morrow morning.

Wednesday, Sepf^ 14, 1791. Met according to adjourn-
ment.

The Committee to consider of that article in the Consti-
tution which directs that the Journals of both Houses of
the General Court be printed immediately after every ad-
journment &c. Reported, "That said article ought to be
expunged." Upon reading and considering said report, mo-
tion was made to accept the same — on which motion the
yeas and nays were called, and are as follows :
[p. 74.] 37 yeas, 58 Nays. So it was rejected.

Voted That Mr. Walker, Mr. Peabody & Mr. Cogswell
be a Committee to take under consideration and report such
directions respecting printing the Journals of the proceed-
ings of both Houses of the General Court as they may
judge proper.

Adjourned to 3 o'clock P. M. Met accordingly.

The Committee to consider the 19*^^ article in the Bill of
rights [see marg. p. 46] &c. Reported, That after the first
[p. 75.] period, it be altered so as to read thus (viz.) "There-
fore all warrants to search suspected places or to arrest a
person for examination or trial in prosecution for criminal
matters, are contrary to this right " if the cause &c. then
proceed as it now stands in said 19*^ article: Which report
being read and considered, Voted that it be received and
accepted.

The Committee to consider that part of the Constitution
which respects printing and publishing the proceedings of
both Houses of the Legislature, [see marg. p. 74] Reported :
"That the Journal or Register of said proceedings to be
published contain all acts and Resolves passed and all votes
for raising, granting or appropriating public monies ; — A
brief statement of facts with the prayers contained in any
Petition, by whom offered, & the proceedings thereon ;
Every motion acted upon & by whom made & seconded ;
an account of all Committees chosen with their reports and
proceedings thereon ; and the yeas & nays upon all acts &
Laws."

JOURNAL OF CONVENTION. 55

Upon reading and considering the foregoing report, mo-
tion was made to divide the same in the following manner :
[p. 76.] "That the journal or Register of said proceeding
to be published contain all Acts & Resolves passed, and all
votes for raising, granting or appropriating public monies," —
be first put to vote : which vote obtained, and the report
thus far received and accepted.

Motion was then made that the remaining part of said
Report be accepted, namely "a brief statement" &c. on
which motion the yeas & nays were called and are as follows :

2,8 yeas — 64 nays. So it was negatived,
[p. 2y.~\ Adjourned to 9 o'clock to-morrow morning.

Thursday, Sept^' I5*^ 1791. Met according to adjourn-
ment.

The Committee appointed to take into consideration the
method of appointing the Council &c. [see marg. p. 73]
Reported : — which report after some small alterations made
in Convention stands in the following words, viz.

" That there be annually chosen by ballot by the Inhab-
itants of this State qualified to vote for Senators, five Coun-
sellors for advising the Governor in the executive part of
the Government, one of whom shall be voted for and chosen
in each County by the Inhabitants within the same qualified
as aforesaid, on the day for the election of Senators ; and
the number of votes shall be returned in the manner pro-
vided for returning votes for the Governor to the Secretary
of the State, and shall be sorted and counted by the Secretary
and the Treasurer until the Legislature shall order other-
wise ; and the person having the highest number of votes
in each County shall be considered as duly elected a Coun-
sellor : Provided he be an Inhabitant of the County for
which he is chosen, be of thirty years of age and have an
[p. 'j%?[ estate of the value of five hundred pounds within
this State, three hundred of which at least shall be freehold :
But in case two or more persons shall have an equal number
of votes, the Secretary and Treasurer or such other persons
as the Legislature may appoint, shall draw one of them by
lot, who shall be considered as duly chosen, and the Secre-
tary shall seventeen days before the first Wednesday in
June, give notice of the choice to the persons elected. Pro-
vided however, that if any person thus chosen a Counsellor
shall also be chosen a member of either branch of the Legis-
lature for the same year and shall accept the trust, his

56 STATE OF NEW HAMPSHIRE.

Election as a Counsellor shall be void. And, in such case,
as also when any person chosen to that office shall refuse to
accept the same ; and in case of the death of any Counsel-
lor, the Governor shall issue a precept for the Election of a
new Counsellor in that County, wherein such vacancy shall
happen, which choice shall be in the manner before pre-
[p. 79.] scribed : And if any new County shall be hereafter
erected, a Counsellor may and shall be chosen therein in the
same manner.

" And the Governor shall have full power and authority
to convene the members of the Council from time to time
at his discretion and with them or the majority of them, at
least, may and shall hold a Council for ordering and direct-
ins; the affairs of the State.

" The resolutions and advice of the Council shall be re-
corded by the Secretary and signed by all the members
present agreeing thereto, and this record may be called for
at any time by either branch of the Legislature, and any
member of the Council may enter his opinion contrary to
the resolution of the majority, with the reasons of such
opinion."

Which was read and considered, rec^ & accepted.

Resolved, That for the more effectually preserving the
proper separation of the three great powers of Government
agreeably to the 37^^' Article in the Bill of Rights, the power
of hearing and deciding in causes of equity ought to be
vested either in some Judicial Court or Courts, or in some
[p. 80.] Court or Courts to be established and impowered
specially for that purpose. Provided that no power shall be
granted to said Courts incompatible with the principles con-
tained in the Bill of Rights and Constitution ; but the juris-
diction & power of said Courts ought to be limited and
defined by express Laws.

On which Resolve the yeas & nays were called and are
as follows, (viz.)

72 Yeas — 26 Nays. So it passed in the affirmative.

[p. 81.] Adjourned to 3 o'clock P. M. Met accordingly.

Resolved That there shall be one Supreme Judicial Court
of Law who shall have original jurisdiction of all causes
where the sum exceeds four pounds, and appellate jurisdic-
tion in other cases to be provided by Law.

JOURNAL OF CONVENTION. 5/

On which Resolve the yeas and nays were called, and are
as follows :

6 1 Yeas — 34 Nays. So it passed in the affirmative,
[p. 82.] Resolved, That the several Justices of the Peace
in their respective Counties shall have jurisdiction in all
causes where the sum is under four pounds, except causes
where title of Land is drawn in question : On which Re-
solve the yeas and nays were called, and are as follows — viz.

63 yeas — 35 nays. So it passed in the affirmative. Mr.
Foster requested to be excused from giving his vote, offer-
ing for a reason that he was a Justice of the Peace, and
[p. 83.] felt himself interested in the determination ; but
the Convention would not excuse him.

Resolved, That it shall be the duty of the Legislature to
abolish the Inferior Courts of Common Pleas ; on which
Resolve the yeas and nays were called and are as follows :

55 Yeas — 31 Nays. So it passed in the affirmative.

[p. 84.] Resolved, That it be the duty of the Legislature
to abolish the Courts of General Sessions of the Peace :
On which Resolve the yeas and nays were called, and are as
follows, viz.

37 yeas — 50 nays. So it passed in the negative.
Adjourned to 9 o'clock to-morrow morning.

[p. 85.] Friday, Sept'' 16"', 1791.

Met according to adjournment.

Sundry matters were debated.

Adjourned to 3 o'clock P. M. Met accordingly.

Voted, That Mr. Peabody, Mr. Plummer, Mr. Hoit, Mr.
Smith (Meridith) 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 Convention at the adjournment,
alterations and amendments to be submitted to the people.

Mr. Greeley's motion, Mr. Humphrey's 2 motions, Mr.
Tinney's two motions, Mr. Kimball's Do. Mr. Rogers's Do.
Mr. Plummer's five motions, Maj'^ Stark's motion, Mr. New-
comb's 2 Do. Gen. Peabody's & Mr. Waldron's motions
were referr^^ to the above-named Committee.

Adjourned to the second Wednesday of February next
at 10 o'clock, then to meet at Concord.

STATE OF NEW HAMPSHIRE.

"V:

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John Pickering, Esq'.
Edward S. Livermore, Esq'.
Daniel Humphreys, Esq'.
Doct'. Samuel Tenney
James Macgregore, Esq',
Joseph Blanchard, Esq'.
Ephraim Pickering, Esq'.
Mr. George Brackett
Mr. Nathan Goss
Moses Leavitt, Esq'.
Christopher Toppan, Esq'.
Nath' H. Dodge
Col. Jonathan Robinson
Jeremiah Fogg, Esq'.
Mr. Eliphalet Webster
Solomon Wheeler, Esq'.
Tho^ Stow Ranney, Esq'.
William Plumer, Esq'.
Nathaniel Rogers, Esq'.

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Mr. Charles Hodgdon
Thomas Tash, Jun. Esq'.
David Copp, Esq'.
Col" David Page
Mr. Robert Parker
Mr. David Alld
Capt. Wm. Barron
Zechariah Chandler, Esq'.
Mr. William Page
Daniel Emerson, Esq'.
Joshua Atherton, Esq'.

Charles Barrett, Esq'.
Mr. Jonathan Fisk
William Abbott, Esq'.
Peter Clark, Esq'.
Mr. John Cragin
Jeremiah Smith, Esq'.
Mr. Daniel Nicols
Robert Wallace, Esq'. .

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Samuel Duncan, Esq'.
Sam^ Livermore, Esq'.
Doct' John Rogers
Thomas Crawford, Esq'.
Jesse Johnson, Esq'.
Jonathan Freeman, Esq'.
Elisha Payne, Esq'.
Capt. Jon^ Franklin
Col" Joseph Hutchins
William Tarlton, Esq'.
Capt. Nathi White
Capt. Peter Carlton
Mr. Wm. Cargill

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poicadaj ;ou sjr pa
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1 49 yeas
50 nays

2 44 yeas
45 nays

3 48 yeas
54 nays

4 56 yeas

39 J^ays

5 64 yeas
34 nays

6 56 yeas

45 nays

7 47 yeas
52 nays

8 50 yeas

46 nays

9 46 yeas
49 nays

[12]

19 yeas
79 nays

57 yeas
35 nays

34 yeas
62 nays

JOURNAL OF CONVENTION. 63

[p. Sy.] Wednesday, Feb^ 8*^ 1792.

Several members of Convention met agreeably to adjourn-
ment ; but there not being a quorum, and the President be-
ing absent (the Honb^ Judge Walker in the chair) they
agreed to adjourn to 3 o'clock, P. M.

Met according to adjournment, and there being a. quorum,
and the Honb^ the President being absent out of the State,
motion was made for the choice of a President Pro Tempore,
and the ballots being taken the Honb^ John Pickering Esq^
was unanimously chosen.

Adjourned to 9 o'clock to-morrow morning.

Thursday Feb^ 9^^ 1792, the Convention met according
to adjournment.

The Committee chosen in September last to take into
consideration the Constitution and the Resolutions passed
at that session and the several motions for alterations [see
marg. p. 85] Reported their opinion as to alterations and
their Reasons therefor ; also the Constitution with the pro-
posed alterations incorporated which Reports being read,
Motion was made to postpone the consideration of said Re-
ports until the afternoon — which motion prevailed,
[p. S8.] Adjourned to 3 o'clock, P. M. Met accordingly.

[Note. The editor, with advice, has judged it expedient here to insert
full, first, 77i€ alterations and amendments proposed by the abovesaid
cofumittee ; and second, T/ie constitution with said alterations and
amendments incorporated. The journal, which subsequently follows,
will show definitely the action which the convention took upon both
the said reports. — Ed.]

I. REPORT OF THE COMMITTEE ON ALTERATIONS AND

AMENDMENTS.
[See MS. Journal, pp. 243-274.]

BILL OF RIGHTS.

Article XIX.

Every citizen hath a right to be secure from all unreasonable searches
and seizures of his person, his houses, his papers, and all his posses-
sions : 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 previ-
ously 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

64 STATE OF NEW HAMPSHIRE.

seizure : And no Warrant ought to be issued, but in cases and with the
formalities prescribed by Law.

Article XX.

In all controversies concerning property, and in all suits between two
or more persons, exxept in cases in which it has been heretofore other-
wise used & practised, the parties have a right to 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, and also in ac-
tions where the sum demanded in damages shall not exceed twenty shil-
lings, the Legislature shall think it necessary hereafter to alter it.

Article XXXIX.

Beasts of the Plough, not exceeding a yoke of oxen or a horse. In-
struments of husbandry, and the necessary Tools of a man's Trade,
shall not be liable to be distrained, attached, or taken in execution for
debt ; unless by the person who furnished them.

PART SECOND.
THE GENERAL COURT.

Paragraph 2.

The Senate and House shall assemble every year on the third Wednes-
day of September and at such other times as they may judge necessary
and shall dissolve and be dissolved seven days next preceding the said
third Wednesday of September ; and shall be sliled. The General
Court of New Hampshire.

Every Bill which shall have passed both Houses, shall, before it be-
come 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 reconsider it : if, after such recon-
sideration, four sevenths 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 a majority
of that House, it shall become a Law : But in all such cases, the Votes
of both Houses shall be determined by yeas & nays, and the names of
the persons voting for or ag*' the Bill shall be entered on the Journal
of each house. If any Bill shall not be returned by the Gov'", 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 GoV. 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.

No member of the General Court shall take fees, be of Counsel, or
act as advocate in any cause before either branch of the Legislature ;

JOURNAL OF CONVENTION. 65

and upon due proof thereof, such member shall forfeit his seat in the
Legislature.

All persons who behave decently, shall have liberty of admission to
hear the Debates and proceedings of both Houses of the Legislature ;
except when the welfare of the State shall require secresy.

SENATE.

• The Senate shall consist of twelve Members, who shall hold their
office for two years 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 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 District ; 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 biennially 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 : — Every male inhab-
itant of each Town & parish with town privileges in this State, of twen-
ty-one years of age and upwards, paying for himself, or liable to jDay,
a poll tax or the amount thereof, shall have a right at the annual or
other meetings of the inhabitants of s*^ towns and parishes, to be duly
warned and holden every second year in the month of March, to vote
for a senator in the District whereof he is a member ; — and every per-
son qualified as the Constitution provides, shall be considered an inhab-
itant for the purpose of electing and being elected into any office or
place within this State, in that town, parish or plantation where he
dwelleth & hath his home.

The Legislature when they divide the State into Districts, and as
often as they shall think necessary, shall appoint some suitable persons
as counters in each District, who shall meet on the Thursday next fol-
lowing the Second Wednesday of April every year in which there are
meetings held in the District for the election of a Senator, and the
General Court shall appoint the place of their meeting, and it shall be
the duty of said counters, until others are appointed in their room, to
receive, examine and count the votes for Senators, and make a proper
record thereof, certify the choice, and seasonably deposit the returns
from the several Towms, parishes & places, and the record of their pro-
ceedings in the Secretary's office.

The meetings for the choice of Senators, and all governmental offi-
cers shall be warned by Warrant from the selectmen, and governed by
a Moderator, W'ho shall preside at such meetings impartially, and re-
ceive the votes of all the inhabitants of such towns »& parishes present
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

66 STATE OF NEW HAMPSHIRE.

record in open meeting of the name of every person voted for, and the
nmnber of votes against his name ; and a fair copy of this record shall
be attested by the Town Clerk, and shall be sealed up and directed to
the counters of the District with a Superscription expressing the pur-
port thereof, and delivered by the s^ clerk to the counters of the Dis-
trict in wdiich such town or parish is, on or before the Second Wednes-
day of April next following such Town Meeting ;

Provided 7ievertheless, that no person shall be capable of being elect-
ed a Senator, who is not 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 is
chosen.

And the inhabitants of plantations & 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 & places where they reside, as the inhabitants of the
several respective towns and parishes afores"^ have ; and the meetings
of such plantations & places for that purpose, shall be holden every
second year in the month of March, at such places respectively therein,
as the assessors thereof shall direct, &c.

In case it [there] shall not appear by the Returns of the counters to be
a senator elected by a majority of votes for any District, the counters of
that District shall take the names of the two persons who shall have
the highest number of votes, and the number of votes that each of
them shall have, & certify and deliver the same to the Selectmen of
each town & parish in such District, and to the Assessors of unincor-
porated places, within eight days after the counting thereof; and it
shall be the duty of the s'^ Selectmen & Assessors respectively, to warn
a meeting of the inhabitants qualified to vote for senators, to be held
within fifteen days after the expiration of s'^ eight days, giving at least
twelve days notice, to elect one person out of the two returned as
afores'i to be senator for the District, and the several town clerks & as-
sessors in s"! Districts, shall within eight days after the expiration of
said fifteen days, return a fair attested copy of the Record of the num-
ber of Votes in the Towns, parishes and places in the Districts, to the
counters of said Districts, and the counters shall on the ninth or tenth
day after the expiration of s^ fifteen days, meet and as soon as may be,
sort & count the votes, declare the choice, and notify the person elect-
ed : And in case it shall so happen that two or more persons having the
highest number of votes, shall have an equal number, the counters
shall by lot determine which of them shall be sent to the people ; And
if it should so happen that from the returns from the meetings held to
compleat the elections, that the two persons voted for should have an
equal number of votes, the counters shall by lot determine which of
them shall be senator for such District, and notify him accordingly.

All vacancies that may happen in the Senate, shall, from time to time
be filled up in the same way & manner as the first elections are directed
to be made ; — the Gov. appointing the time for holding the meetings
for that purpose.

JOURNAL OF CONVENTION. 6/

The Senate shall have power to adjourn, &c. 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, altho' the
Legislature be not assembled on such day or at such place.

Every officer whilst under Impeachment shall be suspended from the
exercise of the duties of his office ; but the trial shall be as speedy as
the nature of the case will admit.

HOUSE OF REPRESENTATIVES.

After the first Paragraph. —

Provided jtevertheless. That whenever the number of Members of
the House of Representatives shall exceed one hundred and ten, it
shall be the duty of the Legislature to make such arrangements as that
the members shall not exceed at any time that number, nor shall the
Towns and Districts intituled to send Representatives at any time, be
less than eighty.

The members of both Houses of the Legislature shall be compensat-
ed 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 license.

And any member of the Senate, House of Representatives, or Coun-
cil, shall have a right, on motion made for that purpose at the time, to
have his protest or dissent, with the reasons against any vote, resolve
or bill passed, entered on the Journals.

executive power.
Governor.

The word " President" shall be struck out, and Governor inserted
in all the sections where President is named.

Fourth Section shall be struck out.

All Judicial officers, the Attorney Gen^, Solicitors, all sheriffs, coro-
ners, registers of probate, and all officers of the Navy, and general and
field officers of the militia, shall be nominated and appointed by the
Gov. & 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 Gov'. & Council shall have a negative on each other, both in the
nominations & appointments.

The yeas and nays both of the Gov & Council present, on all nomi-
nations & appointments, shall be entered on the Journals of the Coun-
cil.

The Captains and subalterns in the respective Regiments, shall be
nominated by the Field officers, and if approved by the GoV., shall be
appointed by him.

68 STATE OF NEW HAMPSHIRE.

LIEUTENANT GOVERNOR.

There shall be annually elected in the month of March, a Lieu*.
Gov. whose title shall be His Honor ; — and who shall be qualified in
point of property, residence, and elected, in the same manner as the
Governor is.

The qualifications of the electors shall be the same as those required
by this Constitution for the electors of Senators.

The Lieu' Governor, when the Governor is in the Chair, shall be
President of the Senate and have a casting vote in case of a tie.

Whenever the Chair of the Governor shall be vacant by reason of
his death, absence from the state, or otherwise, the Lieu* Gov^ shall,
during such vacancy, have and exercise all the powers and authorities
which by this Constitution the Gov. is vested with, when personally
present.

COUNCIL.

There shall be annually elected by ballot five Councillors for advising
the Gov^ in the Executive part of Government.

The freeholders and other inhabitants in each County, qualified to
vote for senators, shall some time in the month of March, give in their
votes for one Councillor ; and the number of votes for Councillors shall
be returned to the Secretary of the State in like manner as the votes
for Governor, and the Secretary and Treasurer of the State shall, un-
till the Legislature shall appoint other persons for that purpose, sort
and count the votes, make a record thereof, and certify the choice;
which record, and the returns from the several Towns, parishes and
places, shall be deposited in the Secretary's ofiice ; — 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 & 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 them two, shall elect by joint
ballots, the Councillor wanting for such County : Provided nevertheless.
That no person shall be capable of being elected a Councillor, who has
not an estate of the value of five hundred 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 preceding his
election ; and at the time of his election an inhabitant of the County
in which he is elected.

The Secretary shall annually, seventeen days before the third
Wednesday of September, give notice of the choice to the person elect-
ed.

If any Councillor shall be elected Governor or Lieu* Gov. or mem-
ber of either branch of the Legislature, and shall accept the trust ; or
if any person elected as 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 Gov'', may issue a precept for the election of a new

JOURNAL OF CONVENTION. 69

Councillor in that County where such vacancies shall happen ; — and
the choice shall be in the same manner before described.

If any new County shall hereafter be made in this State, a Councillor
shall be chosen therein in the same manner as before directed.

COUNTY TREASURERS.

Provided iieruertheless, the Legislature shall have authority to alter
the mode of electing these officers, but not so as to deprive the people
of the right [they] now have of electing them ; and also to divide the
several Counties into as many Districts for registering of Deeds, as
to them shall appear necessary : — and the inhabitants of each District
to elect a Regfister.

JUDICIAL POWER.

The Judicial Power of the State shall be vested in a Supreme Court
of Judicature, except as is hereafter provided : — This Court shall con-
sist of one Chief Justice & not more than nine nor less than six assO'
elates Justices. The Supreme Judicial Court shall be, and they hereby
are fully authorized & impowered to grant new trials and restorations
to law in all cases where it shall to them appear reasonable.

The power of hearing & determining causes in Equity, shall, by the
Legislature, be vested in the Supreme Judicial Court ; — which power
shall be limited & defined by law ; and no suit in Equity shall be sus-
tained, where adequate justice may be had in the Courts of Law.

There shall be a Court erected in each County, to be called the Coun-
ty Court, to consist of one Chief Justice and not more than six, nor
less than four Associate Justices, who shall have all the jurisdiction,
civil & criminal, and all the powers and authorities that now appertain
to the Courts of General Sessions of the peace ; and such other mat-
ters as the Legislature may constitutionally assign them — the trying
of civil suits excepted: and except the raising County taxes ; — which
taxes shall be granted by the Representatives of each County in such
manner as the Legislature shall direct : Provided nevertheless. That
the Legislature shall have authority to make such other regulations
by Law, as shall be necessary for the appropriation of county taxes.

Appeals shall be granted from s"! County Court to the Supreme Judi-
cial Court, as they are now allowed from the Court of General Sessions
of the peace to the Superior Court ; or in such cases & manner as the
Legislature may by Law establish.

Justices of the peace shall have the power of hearing and determin-
ing all actions wherein the damage demanded does not exceed four
pounds, except those wherein the title to things real may be drawn in
question ; — an appeal being allowed in civil actions to the Supreme Ju-
dicial Court, and in criminal matters, to the County Courts, in such
cases and manner as the Legislature shall by Law establish.

No person shall hold the office of Judge of any Court, or sheriff of
any County, after he has arrived at the age of 65 years.

70 STATE OF NEW HAMPSHIRE.

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 that
shall come before him as judge or justice of the peace.

No Judge or Register of Probate of Wills &c. shall be of counsel,
act as advocate, or receive any fees as advocate or counsellor in any
Probate business that is pending or that may be brought into any Court
of Probate in the County of which he is judge or register.

OATH.

I, A. B., do solemnly swear that I will bear faith and true allegi-
ance to the State of New Hampshire, and will support the Constitution
thereof: — So help ?ne God.

Any person having taken & subscribed the oath of allegiance, and
the same being filed in the Secretary's office, he shall not be obliged
to take said oath again.

No new Town or parish shall be formed in whole or in part, out of
any town or parish, without the consent of a major part of the quali-
fied voters of such town or parish out of which they are so formed, vot-
ing upon the question at a legal meeting for that purpose.

The Legislature, whenever two thirds of both Houses shall deem it
necessary, shall propose amendments, or on the application of a major-
ity of the incorporated towns and parishes within this State, shall call
a Convention for preparing amendments, which in either case shall be
valid to all intents and purposes as part of this Constitution, when ap-
proved of by a majority of qualified voters present and voting in town
meetings on the question.

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 have & exercise all the duties of the office of Secretary
untill another shall be appointed.

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, as the Legislature
shall direct.

To the end that there may be no failure of justice or danger to this
State by the alterations & 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.

All Judges of Courts and other civil officers whose appointment
is vested in the Gov & Council, (Justices of the peace & Coroners

JOURNAL OF CONVENTION. 7 1

excepted) shall be appointed and commissioned within one year after
adopting the amendments to the Constitution ; and the Commissions
of all such officers, who have been heretofore appointed by the Presi-
dent and Council, shall thereupon determine and become void.

N. B. Some small alterations not herein mentioned, are in the In-
corporation.

II. \The Constitution as reported by the comtnittee, February 9, 1792,
with the foregoing alterations a7id aynetidments iticorporated. — Ed.]

THE CONSTITUTION OF NEW HAMPSHIRE.

PART I

THE BILL OF RIGHTS.

Article i^*.

All men are born equally free and independent : Therefore, all gov-
ernment, of right, originates from the people, is founded in consent, and
instituted for the general good.

All men have certain natural, essential, and inherent rights — among
which are, the enjoying and defending life and liberty ; acquiring, pos-
sessing, and protecting property ; and, in a word, of seeking and ob-
taining happiness.

When men enter into a state of society, they surrender up some of
their natural rights to that society, in order to ensure the protection of
others ; and, without such an equivalent, the surrender is void.

4-
Among the natural rights, some are, in their very nature, unaliena-
ble, because no equivalent can be given or received for them. Of this
kind are the Rights of Conscience.

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 worshipping 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.

As morality and piety, rightly grounded on evangelical principles,
will give the best and greatest security to government, and will lay, in

72 STATE OF NEW HAMPSHIRE.

the hearts of men, the strongest obligations to due subjection ; and as
the knowledge of these is most likely to be propagated through a so-
ciety, by the institution of the public worship of the Deity, and of pub-
lic instruction in morality and religion ; therefore, to promote those
important purposes, the people of this State have a right to empower,
and do hereby fully empower, the Legislature, to authorize, from time
to time, the several towns, parishes, bodies corporate, or religious so-
cieties, within this State, to make adequate provision, at their own ex-
pense, for the support and maintenance of public protestant teachers of
piety, religion, and morality :

Provided tiotiuithstandi?ig. 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 one
particular religious sect or denomination, shall ever be compelled to
pay towards the support of the teacher or teachers of another persua-
sion, sect, or denomination.

And every denomination of Christians, demeaning themselves quiet-
ly, and as good subjects of the State, shall be equally under the protec-
tion of the law : And no subordination of any one sect or denomina-
tion 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 re-
main, and be in the same state as if this Constitution had not been
made.

The people of this State have the sole and exclusive right of govern-
ing themselves as a free, sovereign, and independent State ; and do,
and forever hereafter shall, exercise and enjoy every power, jurisdiction,
and right, pertaining thereto, which is not, or may not hereafter be, by
them expressly delegated to the United States of America in Congress
assembled.

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

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

10.

Government being instituted for the common benefit, 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, when-
ever the ends of government are perverted, and public liberty manifest-
ly endangered, and all other means of redress are ineffectual, the peo-
ple may, and of right ought to, reform the old, or establish a new
government. The doctrine of nonresistance against arbitrary power
and oppression, is absurd, slavish, and destructive of the good and
happiness of mankind.

II.

All elections ought to be free, and every inhabitant of the State,

JOURNAL OF CONVENTION. 73

leaving the proper qualifications, has equal right to elect, and be elect-
ed, into office.

12.

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 controlable by any
other laws than those to which they, or their representative body, have
given their consent.

13-

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

14.

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

15-

No subject shall be held to answer for any crime, or offence, until
the same is fully and plainly, substantially and formally, described to
him ; or be compelled to accuse or furnish evidence against himself.
And every subject shall have a right to produce all proofs that may be
favorable to himself; to meet the witnesses against him, face to face;
and to be fully heard in his defence, by himself, and counsel. And no
subject shall be arrested, imprisoned, despoiled, or deprived of his
property, immunities, or privileges, put out of the protection of the law,
exiled or deprived of his life, liberty, or estate, but by the judgment
of his peers, or the law of the land.

16.

No subject shall be liable to be tried, after an acquittal, for the same
crime or offence. Nor shall the Legislature make any law that shall
subject any person to a capital punishment, (excepting for the govern-
ment of the army and navy, and the militia in actual service) , without
trial by Jury.

17-

In criminal prosecutions, the trial of facts, in the vicinity where they
happen, is so essential to the security of the life, liberty, and estate of
the citizen, that no crime or offence ought to be tried in any other coun-
ty than that in which it is committed ; except in cases of general insur-
rection 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 Legis-
lature shall think proper to direct the trial in the nearest county in
which an impartial trial can be obtained.

18.

All penalties ought to be proportioned to the nature of the offence.

74 STATE OF NEW HAMPSHIRE.

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 trea-
son : Where the same undistinguishing severity is exerted against all
offences, the people are led to forget the real distinction in the crimes
themselves, and to commit the most flagrant with as little compunction
as they do those of the lightest die. For the same reason a multitude
of sanguinary laws is both impolitic and unjust. The true design of all
punishments being to reform, not to exterminate, mankind.

19.
Every citizen hath a right to be secure from all unreasonable search-
es and seizures of his person, his houses, his papers, and all his pos-
sessions. 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 a war-
rant 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 accom-
panied 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.

20.
In all controversies concerning property, and in all suits between two
or more persons, except in cases in which it has been heretofore other-
wise used and practised, the parties have a right to a trial by Jury ; and
this method of procedure shall be held sacred, unless in causes arising
on the high seas and such as relate to mariners' wages, and also in ac-
tions where the sum demanded in damages shall not exceed twenty
shillings ; the Legislature shall think it necessary hereafter to alter it.

21.
In order to reap the fullest advantage of the inestimable privilege of
the trial by Jury, great care ought to be taken, that none but qualified
persons should be appointed to serve ; and such ought to be fully com-
pensated for their travel, time, and attendance.

22.

The LIBERTY OF THE PRESS is essential to the security of Free-
dom in a State : It ought, therefore, to be inviolably preserved.

23.
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.

24.

A well regulated militia is the proper, natural, and sure defence of a
State.

25.
Standing armies are dangerous to liberty, and ought not to be raised,
or kept up, without the consent of the Legislature.

26.
In all cases, and at all times, the military ought to be under strict
subordination to, and governed by, the civil power.

JOURNAL OF CONVENTION. 75

27.

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

28.

No subsidy, charge, tax, impost, or duty, shall be established, fixed,
laid, or levied, under any pretext whatsoever, without the consent of
the people, or their Representatives in the Legislature, or authority de-
rived from that body.

29.

The power of suspending the laws, or the execution of them, ought
never to be exercised but by the Legislature, or by authority derived
therefrom, to be exercised in such particular cases only as the Legisla-
ture shall expressly provide for.

30.

The freedom of deliberation, speech, and debate, in either House of
the Legislature, is so essential to the rights of the people, that it cannot
be the foundation of any action, complaint, or prosecution, in any other
Court or place whatsoever.

31-

The Legislature ought frequently to assemble for the redress of griev-
ances, for correcting, strengthening, and confirming the laws, and for
making new ones as the common good may require.

32.
The people have a right, in an orderly and peaceable manner, to as-
semble 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.

33.
No Magistrate, or Court of Law, shall demand excessive bail or sure-
ties, impose excessive fines, or inflict cruel or unusual punishments.

34-

No person can, in any case, be subjected to law-martial, or to any
pains or penalties by virtue of that law, except those employed in the
army or navy, and except the militia in actual service, but by authority
of the Legislature.

35-

It is essential to the preservation of the rights of every individual, his
life, liberty, property, and character, that there be an impartial 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 security
of the rights of the people, that the Judges of the Supreme (or Superior)
Judicial Court should hold their offices so long as they behave well ; and
that they should have honorable salaries, ascertained and established
by standing laws.

36.^ ^

OEconomy being a most essential virtue in all States, especially in a
young one ; no pension shall be granted, but in consideration of actual

STATE OF NEW HAMPSHIRE.

services ; and such pensions ought to be granted with great caution, by
the Legislature, and never for more than one year at a time.

In the government of this State, the three essential powers thereof,
to wit, the Legislative, Executive, and Judicial, ought to be kept as
separate from, and independent of, each other, as the nature of a free
government will admit, or as is consistent with that chain of connection
that binds the whole fabric of the Constitution in one indissoluble bond
of union and amity.

38.

A frequent recurrence to the fundamental principles of the Constitu-
tion, and a constant adherence to justice, moderation, temperance, in-
dustry, frugality, and all the social virtues, are indispensably necessary
to preserve the blessings of liberty and good government; the people
ought, therefore, to have a particular regard to all those principles in
the choice of their officers and Representatives : And they have a right
to require of their law-givers and magistrates, an exact and constant ob-
servance of them, in the formation and execution of the laws necessary
for the good administration of government.

39-

Beasts of the plough, not exceeding a yoke of oxen, or a horse, in-
struments of husbandry, & the necessary tools of a man's trade, shall
not be liable to be distrained, attached, or taken on execution for debt,
unless by the person who furnished them.

PART II.

THE FORM OF GOVERNMENT.

The people inhabiting the territory of the State of New Hampshire,
do hereby solemnly and mutually agree with each other, to form them-
selves into a free, sovereign, and independent Body Politic, or State,
by the name of the State of New 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 of Representatives shall assemble every year
on the third Wednesday of September, and at such other times as they
may judge necessary; and shall dissolve, and be dissolved, seven days
next preceding the said third Wednesday of September ; and shall be
stiled 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, not
repugnant or contrary to this Constitution, to be holden in the name of
the State, for the hearing, trying, and determining all manner of

JOURNAL OF CONVENTION. 77

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 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 de-
pending before them.

And further, full power and authority are hereby given and granted
to the said General Court, from time to time, to make, ordain, and es-
tablish all manner of wholesome and reasonable orders, laws, statutes,
ordinances, directions, and instructions, either with penalties, or
without, so as the same be not repugnant or contrary to this
Constitution, as they may judge for the benefit and welfare of this
State, and 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 re-
spectively administered unto them, for the execution of their several
offices and places, so as the same be not repugnant or contrary to this
Constitution ; and also to impose fines, mulcts, imprisonments, and
other punishments ; and to impose and levy proportional and reasona-
ble assessments, rates, and taxes, upon all the inhabitants of, and resi-
dents within, the said State ; and upon all estates within the same ; to
be issued and disposed of by warrant, under the hand of the Governor
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 citizens thereof, according to such acts as are, or shall be, in force
within the same.

Every bill which shall have passed both Houses, shall, before it be-
come 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
in their Journal, and proceed to reconsider it. If after such reconsid-
eration, four sevenths 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 a majority of that
House, it shall become a law. But in all such cases, the votes of both
Houses shall be determined by yeas & nays ; & the names of the per-
sons 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 Gov-
ernor within five days (Sundays excepted) after it shall have been pre-
sented 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 re-
turn, in which case it shall not be a law.

Every Resolve shall be presented to the Governor, & before the same
shall take effect, shall be approved by him, or being disapproved by

STATE OF NEW HAMPSHIRE.

him, shall be repassed by the Senate & House of Representatives, ac-
cording to the rules &. limitations prescribed in the case of a bill.

No member of the General Court shall take fees, be of counsel, 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.

All persons who behave decently shall have liberty of admission, to
hear the debates & proceedings of both Houses of the Legislature, ex-
cept when the welfare of the State shall require secrecy.

While the public charges of government, or any part therCipf, shall be
assessed on polls and estates in the manner that has heretofore been
practised ; and in order that such assessments may be made with equal-
ity, there shall be a valuation of the estates within the State taken anew
once in every five years at least, and as much oftener as the General
Court shall order.

SENATE.

THE Senate shall consist of twelve members, who shall hold their
office for two years from the third Wednesday of September next ensu-
ing 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 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.

The freeholders and other inhabitants of each district, qualified as
in this Constitution is provided, shall biennially 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 Sen-
ators shall be chosen in the following manner, viz. Every male inhabit-
ant of each town, and parish with town privileges, and places unincor-
porated, in this State, of twenty-one years of age and upwards, paying
for himself, or liable to pay a poll tax, or the amount thereof, shall have
a right, at the annual or other meetings of the inhabitants of said towns,
parishes and places, to be duly warned and holden every second year
forever in the month of March, to vote for a Senator in the district
whereof he is a member.

And every person qualified as the Constitution provides, shall be con-
sidered an inhabitant for the purpose of electing & being elected into
any ofiice or place within this State, in that town, parish & plantation
where he dwelleth & hath his home.

The Legislature when they divide the State into districts, & as often
as they shall think necessary, shall appoint some suitable persons as
counters, in each district, who shall meet on the Thursday next follow-
ing the second Wednesday of April every year in which there is meet-
ings held in the district for the election of a Senator ; and the General
Court shall appoint the place of their meeting, and it shall be the duty
of said counters untill others are appointed in their room, to receive,
examine and count the votes for Senators & make a proper record there-
of, certify the choice, and seasonably deposit the returns from the sev-

JOURNAL OF CONVENTION. 79

eral towns, parishes & places, & the record of their proceedings in the
Secretary's office.

The meetings for the choice of Senators, & all governmental officers,
shall be warned by warrant from the selectmen, & governed by a Mod-
erator, who shall preside at such meetings impartially, & receive the
votes of all the inhabitants of such towns, & parishes present & quali-
fied to vote for Senators, & shall sort & count the same in the meeting
& in presence of the town clerk, who shall make a fair record in open
meeting, of the name of every person voted for, & the number of votes
against his name, & a fair copy of this record shall be attested by the
Town Clerk, & shall be sealed up & directed to the counters of the Dis-
trict with a superscription expressing the purport thereof, & delivered
by said Clerk to the counters of the District in which such town or
parish is, on or before the second Wednesday of April next following
such town meeting.

Provided nevertheless. That no person shall be capable of being
elected a Senator, who is not 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 in-
habitant of this State for seven years immediately preceding his elec-
tion, and at the time thereof he shall be an inhabitant of the district
for which he shall be chosen.

And the inhabitants of plantations and places unincorporated, quali-
fied 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 every sec-
ond year in the month of March, at such places respectively therein as
the assessors thereof shall direct ; which assessors shall have like au-
thority for notifying the electors, collecting and returning the votes, as
the Selectmen and Town Clerks have in their several towns by this
Constitution.

In case there shall not appear by the returns to the counters to be a
Senator elected by a majority of votes for any district, the counters of
that district shall take the names of the two persons who shall have the
highest number of votes, & the number of votes that each of them
shall have, & certify & deliver the same to the Selectmen of each town
and parish, & the assessors of unincorporated places in such District,
within eight days after the counting thereof; and it shall be the duty of
said Selectmen and assessors respectively to warn a meeting of the in-
habitants qualified to vote for Senators, to be held within fifteen days
after the expiration of said eight days, giving at least twelve days notice,
to elect one person out of the two returned as aforesaid to be Senator
for the District. And the several town clerks «& assessors in said Dis-
trict shall, within eight days after the expiration of said fifteen days,
return a fair attested copy of the record of the number of votes in the
towns, parishes & places in the District, to the counters of said District ;
and the counters shall, on the ninth or tenth day after the expiration of
said fifteen days, meet & as soon as may be, sort & count the votes, de-
clare the choice & notify the person elected.

And in case it shall so happen, that two or more persons, having the
highest number of votes, shall have an equal number, the counters shall,

80 STATE OF NEW HAMPSHIRE,

by lot determine which of them shall be sent to the people. And if it
should so happen, that from the returns from the meetings held to com-
pleat the elections, that the two persons voted for should have an equal
number of votes, the counters shall by lot determine which of them shall
be Senator for such District & notify him accordingly.

All intermediate vacancies that may happen in the Senate, shall, from
time to time be filled up in the same manner as the first elections are
directed to be made ; the Governor appointing the time for holding the
meetings for that purpose.

The Senate shall be final judges of the elections, returns, and qualifi-
cations, 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 ?ievertheless, 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 own 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 Sen-
ators 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
and determine all impeachments made by the House of Representatives
against any officer or officers of the State, for mis-conduct or mal ad-
ministration, in their offices. But previous to the trial of any such im-
peachment, the members of the Senate shall respectively be sworn truly
and impartially to try and determine the charge in question, according
to evidence. Their judgment, however, shall not extend further than
removal from office, disqualification to hold or enjoy any place of hon-
or, 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.

Every officer whilst under an impeachment, shall be suspended from
the exercise of the duties of his office ; but the trial shall be as speedy
as the nature of the case will admit.

HOUSE OF REPRESENTATIVES.

THERE shall be, in the Legislature of this State, a representation of
the people, annually elected, and founded upon principles of equality :
And, in order that such representation may be as equal as circumstances
will admit, every town, parish, or place entitled to town privileges, hav-
ing one hundred and fifty rateable male polls, of twenty-one years of age,
and upwards, may elect one Representative ; if four hundred and fifty
rateable polls, may elect two Representatives ; and so proceeding, in
that proportion, making three hundred such rateable polls the mean
increasing number, for every such additional Representative.

Provided, nevertheless. That whenever the number of members of
the House of Representatives shall exceed one hundred and ten, it
shall be the duty of the Legislature to make such arrangements as that
the members shall not at any time exceed that number ; nor shall the

JOURNAL OF CONVENTION. 8l

towns & districts intitled to send Representatives at any time be less
than eighty.

Such towns, parishes, or places, as have less than one hundred and
fifty rateable polls, shall be classed by the General Court, for the pur-
pose of chusing a Representative, 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 rateable polls reside ; and afterwards in that which has the next
highest number ; and so on annually, by rotation, through the several
towns, parishes, or places, forming the district.

Whenever any town, parish, or place, intitled to town privileges, as
aforesaid, shall not have one hundred and fifty rateable polls, and be so
situated as to render the classing thereof with any other town, parish,
or place, very inconvenient, the Legislature 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 annu-
ally, in the month of March, and shall be the second branch in the
Legislature.

All persons, qualified to vote in the election of Senators, shall be en-
titled to vote, within the town, district, parish, or place where they dwell,
in the choice of Representatives. Every member of the House of Rep-
resentatives 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 district 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 district he may be chosen to repre-
sent ; and shall cease to represent such district immediately on his
ceasing to be qualified as aforesaid.

The members of both Houses of the Legislature shall be compensat-
ed for their services out of the treasury of tlie State, by a law made
for that purpose ; such members attending seasonably, and not depart-
ing without licence. All vacancies, in the House of Representatives,
may be filled up, at any time in the year as occasion may require.

The House of Representatives shall be the Grand Inquest 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 Representatives ; but
the Senate may propose, or concur with, amendments, as on other bills.

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

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

No member of the House of Representatives, or Senate, shall be ar-
rested, or held to bail, on mean process, during his going to, returning
from, or attendance upon, the Court.

The House of Representatives shall be judges of the returns, elections
& qualifications of its members, as pointed out in this constitution ;:
choose their own Speaker, appoint their own officers & settle the rules

82 STATE OF NEW HAMPSHIRE.

of proceedings in their own house. They shall have authority to punish,
by imprisonment, every person who shall be guilty of disrespect to the
House, in its presence, by any disorderly and contemptuous behavior,
or by threatening, or ill treating, any of its members ; or by obstruct-
ing its deliberations ; every person guilty of a breach of its privileges,
in making arrests for debt, or by assaulting any member during his at-
tendance at any session ; in assaulting or disturbing any one of its offi-
cers in the execution of any order or procedure of the House ; in as-
saulting 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 Governor, Senate,
and Council, shall have the same powers in like cases : provided, that
no imprisonment by either, for any offence, exceed ten days.

The journals of the proceedings of both Houses of the General Court,
shall be printed and published immediately after every adjournment or
prorogation ; and shall contain all Acts & Resolves, & also votes for
raising, granting & appropriating public monies ; and upon motion made
by any one member, the yeas and nays, upon any question, shall be
taken & entered upon the journals : And any member of the Senate, or
House of Representatives, or Council, 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.

There shall be a Supreme Executive Magistrate, who shall be stiled
The Governor of the State of New Hampshire ; and#v'hose title shall
be His Excellency.

The Governor shall be chosen annually, and no person shall be eligi-
ble 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 ; & unless he shall at the same time
have an estate of the value of five hundred pounds, one half of which
shall consist of a freehold, in his own right, within the State.

Those persons qualified to vote for Senators and Representatives,
shall, within the several towns, parishes or places where they dwell, at
a meeting to be called for that purpose, some day in the month of
March annually, give in their votes for a Governor, to the Moderator
who shall preside at such meeting ; & the Clerk in the presence & with
the assistance of the moderator shall, in open meeting, sort & count
the votes, and form a list of the persons voted for, with the number of
votes for each person against his name, & shall make a fair record of
the same in the town books, & 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, & transmit the same to the Sheriff of the
County, thirty days at least before the third Wednesday of September,
or shall cause returns of the same to be made to the office of the Sec-
retary of the State, seventeen days at least before said day, who shall
lay the same before the Senate & House of Representatives on the
third Wednesday of September, to be by them examined : And in case

JOURNAL OF CONVENTION. 83

of an election by a majority of votes through the State, the choice shall
be by them declared & published ; but if no person shall have a major-
ity of votes, the House of Representatives shall, by ballot, elect two
out of 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, & 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 Governor.

The Governor with advice of Council, shall have full power & author-
ity 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, & to call it together sooner than the
time to which it may be adjourned or prorogued, if the welfare of the
State may require the same.

In cases of disagreement between the two Houses, with regard to
the time 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 be-
fore the said third Wednesday of September.

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.

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 com-
mander, or other officer, or officers, from time to time, to train, instruct,
exercise and govern the militia and navy ; and for the special defence and
safety of this State, to assemble in martial array, and put in warlike
posture, the inhabitants thereof, and to lead and conduct them, and
with them to encounter, expulse, repel, resist and pursue by force of
arms, as well by sea as by land, within and without the limits of this
State ; and also to kill, slay, destroy, if necessary, and conquer by all
fitting ways, enterprize and means, all and every such person and per-
sons as shall, at any time hereafter, in a hostile manner, attempt or en-
terprize 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 re-
bellion, declared by the Legislature to exist, as occasion shall necessa-
rily 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 invad-
ing, conquering, or annoying this State : And in fine, the Governor
hereby is entrusted with all other powers incident to the office of Cap-
tain-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 hereaf-
ter, 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.

84 STATE OF NEW HAMPSHIRE.

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 con-
victed of before the Senate, by impeachment of the House, shall be in
the Governor, by and with the advice of the Council : But no charter
of pardon granted by the Governor, with advice of Council, before con-
viction, 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.

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 Gov-
ernor and Council shall have a negative on each other, both in the
nominations and appointments. The yeas & nays both of the Governor
& Council present, shall on all nominations & appointments be entered
on the Journals of the Council. The Captains and subalterns in the re-
spective regiments shall be nominated by the field officers, &: if approved
by the Governor, shall be appointed by him.

No officer duly commissioned to command in the militia, shall be re-
moved from his office, but by the address of both Houses to the Gov-
ernor, or by fair trial in court martial, pursuant to the laws of the State
for the time being.

The commanding officers of the regiment 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 division of the militia into brigades, regiments, and companies,
made in pursuance of the militia laws now in force, shall be considered
as the proper division of the militia of this State, until the same shall
be altered by some future law.

No monies shall be issued out of the treasury of this State, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for
the time being, by and with the advice and consent of the Council, for
the necessary support and defence of this State, and for the necessary
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the General Court.

All public boards, the Commissary-General, all superintending officers
of public magazines and stores, belonging to this State, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages,
and small arms, with their accoutrements, and of all other public proper-
ty 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 harbor or harbors adjacent.

JOURNAL OF CONVENTION. 85

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 honorable salaries shall be established by law, for the
Justices of the Supreme Court.

LIEUTENANT GOVERNOR.

There shall be annually elected in the month of March, a Lieutenant
Governor, whose title shall be His Honor : And who shall be qualified
in point of property & residence, & elected in the same manner as the
Governor is.

The qualifications of the electors shall be the same as those required
by this Constitution for the election of Senators.

The Lieutenant Governor, when the Governor is in the chair, shall be
President of the Senate, &: have a casting vote in case of a tie.

Whenever the chair of the Governor shall be vacant, by reason of his
death, absence from the State, or otherwise, the Lieutenant Governor
shall, during such vacancy, have & exercise all the powers & authorities
which by this Constitution the Governor is vested with when personally
present.

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 Sen-
ators, shall, some time in the month of March, give in their votes for
one Councillor ; [The number of votes for Councillors shall be returned
to the Secretary of the State, in like manner as the votes for Governor.
The Secretary & Treasurer of the State, shall, untill the Legislature shall
appoint other persons for that purpose, sort & count the votes, make
a record thereof, & certify the choice, which record, & the returns
from the several towns, parishes & places shall be deposited in the Sec-
retary's office.]

[The foregoing paragraph within brackets is crossed in the journal. —
Ed.]

And the person having a majority of votes in any county, shall be
considered as duly elected a Councillor : But if no person shall h:\ve a
majority of votes in any county, the Senate and House of Representa-
tives shall take the names of the two persons who have the highest num-
ber of votes in each county, and not elected, and out of them two shall
elect, by joint ballot, the Councillor wanting for such county.

Provided jievertheless. That no person shall be capable of being
elected a Councillor, who has not an estate of the value of five hundred
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 im-
mediately preceding his election ; and, at the time of his election, an
inhabitant of the county in which he is elected.

The Secretary shall, annually, seventeen days before the third Wednes-
day of September, give notice of the choice to the persons elected.

S6 STATE OF NEW HAMPSHIRE.

If any Councillor shall be elected Governor or Lieutenant 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 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.

If any new county shall hereafter be made in this State, a Councillor
shall be chosen therein in the same manner as before directed.

The Governor shall have full power and authority to convene the Coun-
cil, from time to time, at his discretion ; and, with them, or the major-
ity of them, may, and shall, from time to time, hold a Council, for or-
dering 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 mal-conduct.

The resolutions and advice of the Council shall be recorded by the
Secretary, in a register, and signed by all the members present agree-
ing thereto ; and this record may be called for at any time, by either
House of the Legislature; and any member of the Council may enter
his opinion contrary to the resolutions of the majority, with the reasons
for such opinion.

And whereas the elections, appointed to be made by this Constitu-
tion, on the third Wednesday of September annually, by the two Hous-
es of the Legislature, may not be completed on that day, the said elec-
tions may be adjourned from day to day, until the same shall be com-
pleted : And the order of the elections shall be as follows : The
Governor shall be first elected, provided there should be no choice of
him by the people : And afterwards, the two Houses shall proceed to
fill up the vacancy, if any, in the Council.

SECRETARY, TREASURER, COMMISSARY, &C.

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

The records of the State shall be kept in the office of the Secretary,
and he shall attend the Governor and Council, the Senate, and Repre-
sentatives, in person, or by Deputy, as they may require.

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 have and exercise all the duties of the office of Secretary
of this State, until another shall be appointed.

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.

The County Treasurer, & 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 practised, & the laws of the State.

Provided nevertheless^ The Legislature shall have authority to alter

JOURNAL OF CONVENTION. 8/

the mode of electing those officers, but not so as to deprive the people
of the right they now have of electing them — & also to divide the sev-
eral Counties into as many districts, for registering of deeds, as to them
shall appear necessary, the inhabitants of each District to elect a Reg-
ister.

The County Treasurers & Register of deeds, before they enter upon
the business of their offices, shall be respectively sworn faithfully to
discharge the duties thereof, &. 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.

The Judicial power of the State shall be vested in a Supreme Court of
Judicature, except as is hereafter provided ; This court shall consist of
one Chief Justice, & and not more than nine nor less than six Associate
Justices.

The Supreme Judicial Court shall be & they hereby are, fully author-
ized and empowered, to grant new trials & restorations to law, in all
cases where to them it shall appear reasonable.

The power of hearing & determining causes in Equity, shall, by the
Legislature, be vested in the Supreme Judicial Court, to be limited and
defined by law ; and no suit shall be sustained in Equity, where ade-
quate remedy may be had in the courts of law.

There shaU be a Court erected in each county, to be called the County
Court, to consist of one Chief Justice, & not more than six nor less than
four Associate Justices, who shall have all the jurisdiction in civil &
criminal matters and vested with all the powers and authorities that
now appertain to the Courts of General Sessions of the Peace, and such
other matters (the trying of civil suits excepted) as may be constitu-
tionally assigned to them by the Legislature, except the raising County
taxes, which taxes shall be raised by the Representatives in each Coun-
ty, in such manner as the Legislature shall direct — appeals shall be
granted from said Courts to the Supreme Judicial Court, as they are
now allowed from the Courts of General Session of the Peace to the Su-
perior Court ; or in such cases and manner as the Legislature may by
Law establish : Provided nevertheless. That the General Court shall
have authority to make such other regulations by law as shall be neces-
sary for the appropriation of County taxes.

Justices of the Peace shall have the power of hearing & determining
all actions wherein the sum demanded in damage does not exceed four
pounds, except those wherein the title to things real may be drawn in
question — an appeal being allowed in civil actions to the Supreme Ju-
dicial Court, & in criminal matters to the County Courts in such cases
& manner as the Legislature shall by law establish.

The tenure that all commission officers shall have by law in their offi-
ces, shall be expressed in their respective Commissions. All Judicial
officers, duly appointed, commissioned & sworn, shall hold their offices
during good behavior, excepting those concerning whom there is a dif-
ferent provision made in this Constitution : Provided nevertheless , the
Governor, 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 Governor »S: Council,

8S STATE OF NEW HAMPSHIRE.

shall have authority to require the opinions of the Justices of the Su-
preme Court upon important questions of Law, &. upon solemn occa-
sions.

No person shall hold the office of Judge of any Court or sheriff of any
County, after he has arrived to the age of 65 years.

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 im-
portant duties of his office with ability & fidelity, all commissions of
Justices of the Peace shall become void, at the expiration of five years
from their respective dates ; but upon the expiration of any commission,
the same may, if necessary, be renewed.

No Judge of any Court, or Justice of the Peace, shall act as Attorney,
or be of council, to any party, or originate any civil suit, in matters
that shall come before him as Judge, or Justice of the Peace.

All matters relating to the probate of wills, and granting letters of
administration, &c. shall be exercised by the Judges of Probate, in such
manner as the Legislature have directed, or may direct ; And the Judges
of Probate shall hold their Courts at such place or places, on such
fixed days as the convenience of the people may require : And the Leg-
islature shall from time to time hereafter appoint such times &. places,
untill which appointments, the said Courts shall be holden at the times
& places which the respective Judges shall direct.

No Judge or Register of Probate of Wills, &c. shall be of Council,
act as Advocate or receive any fees as advocate or council, in any pro-
bate business that is pending, or that may be brought into any Court
of probate in the county of which he is Judge or Register.

All causes of marriage, divorce & alimony, & all appeals from the re-
spective judges of probate, shall be heard & tried by the Supreme
Court, untill the Legislature shall, by Law, make other provision.

CLERKS OF COURTS.

The Clerks of the Courts of law shall be appointed by the respective
Courts during pleasure : And to prevent any fraud or unfairness in the
entries & records of the Courts, no such Clerk shall be of council, in
any cause in the Court of which he is Clerk, nor shall he fill any writ
in any civil action whatsoever.

ENCOURAGEMENT OF LITERATURE, &c.

Knowledge and learning, generally diffused through a community,
being essential to the preservation of a free government ; and spread-
ing the opportunities and advantages of education through the various
parts of the country, being highly conducive to promote this end ; it
shall be the duty of the legislators and magistrates, in all future periods
of this 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, manufactures, and natural history ot
the country ; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and oecon-
omy, honesty and punctuality, sincerity, sobriety, and all social aftec-
tions, and generous sentiments, among the people.

JOURNAL OF CONVENTION. 89

OATH and Subscriptions; Exclnsion front Offices; Commissions;
Writs ; Habeas Corpus ; the Enacting Stile ; Continuance of Officers ;
Provision for a future Revision of the Constitution, &^c.

Any person chosen Governor, Lieutenant Governor, Councillor, Sen-
ator, 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.

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 there-
of. So help me God.

I, A. B., do solemnly and sincerely swear and affirm, that I will faith-
fully 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 appointed as aforesaid,
shall be scrupulous of swearing, & shall decline taking the said oaths,
such shall take »& subscribe them, omitting the word "swear,'' and like-
wise the words, "So help me God;'' subjoining instead thereof, This I
do 2i7ider tJie pains and penalties of perJ2iry .

Any person having taken and subscribed the oath of allegiance, and
the same being filed in the Secretary's office, he shall not be obliged to
take said oath again.

And the oaths or affirmations shall be taken and subscribed by the
Governor, before the Lieutenant Governor, in the presence of the Leg-
islature, and by the Senate and Representatives first elected under
this Constitution, as amended, and altered, before the President and
three of the Council of the former Constitution, and forever afterwards
before the Governor and Council for the time being ; and by the resi-
due of the officers aforesaid, before such persons, and in such manner,
as from time to time shall be prescribed by the Legislature.

All commissions shall be in the name of the State of New Hamp-
shire, signed by the Governor, and attested by the Secretary, or his
Deputy, and shall have the great seal of the State affixed thereto.

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 one of
the Justices of the Court to which the same shall be returnable ; and
be signed by the Clerk of such Court.

All indictments, presentments, and informations, shall 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
henceforth deemed a deodand, or in any wise forfeited on account of
such misfortune.

The privilege and benefits of the Habeas Corpus, shall be enjoyed in
this State, in the most free, cheap, expeditious, and ample manner,
and shall not be suspended by the Legislature, except upon the most
urgent and pressing occasions, and for a time not exceeding three
months.

The enacting stile in making and passing acts, statutes, and laws.

go STATE OF NEW HAMPSHIRE.

shall be — B^ it enacted by the Senate and House of Representatives, in
General Court convened.

No Governor, Lieutenant Governor or Judge of the Supreme Judicial
Court, shall hold any office or place under the authority of this State,
except such as by this Constitution they are admitted to hold, saving
that the Judges of the said Court may hold the offices of 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.

No person shall be capable of exercising, at the same time, more
than one of the following offices within this State, viz. Judge of Pro-
bate, Sheriff, Register of Deeds ; and never more than two offices of
profit, which may be held by appointment of the Governor, or Governor
and Council, or Senate and House of Representatives, or Supreme judi-
cial or Inferior Courts ; military offices, and offices of Justices of the
Peace, excepted.

No person holding the office of Judge of any Court, Secretary, Treas-
urer of the State, Attorney-General, Commissary-General, military offi-
cers receiving pay from the continent or this State, (excepting officers
of the militia, occasionally called forth on an emergency) Register of
Deeds, President, Professor or instructor of any college. Sheriff, or
officer of the customs, including naval officers. Collectors of excise,
Collectors of taxes, members of Congress, or any person holding any
office under the government of the United States, shall, at the same
time hold the office of Governor, Lieutenant Governor, or 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 res-
ignation of his seat in the chair. Senate, 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 this government, who, in the
due course of law, has been convicted of bribery or corruption, in ob-
taining an election or appointment.

No new town or parish shall be formed in whole or in part, out of
any tovv'n or parish without the consent of a major part of the qualified
voters of such town or parish, out of which they are so formed, voting
upon the question at a legal meeting held for that purpose.

All Judges of Courts and other civil officers, whose appointment is
vested in the Governor and Council (Justices of the Peace and coro-
ners only excepted), shall be appointed and commissioned within one
year after adopting the amendments to the Constitution : and the Com-
missions of all such officers who have been heretofore appointed by
the President and Council shall thereupon determine and become void.

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.

This form of government shall be enrolled on parchment, and de-
posited in the Secretary's office, and be a part of the laws of the land ;
and printed copies thereof shall be prefixed to the books containing
the laws of this State, in all future editions thereof.

The Legislature, whenever two thirds of both houses shall deem it

JOURNAL OF CONVENTION. 9I

necessary, shall propose amendments, or on the application of a ma-
jority of the incorporated towns and parishes within this State, shall
call a Convention for proposing amendments, which in either case,
shall be valid to all intents and purposes as part of this Constitution,
when approved of by a majority of the qualified voters present and
voting in town meetings on the question.

[Journal resumed — p. SS.']

Proceeded to take up the report of the Committee and
considered the same paragraph by paragraph ; and in order
for a free and full discussion thereof, Convention resolved
themselves into a Committee of the whole : The Honb^ Nath^
Peabody Esq'^". appointed chairman, who took the chair : They
then proceeded to a consideration of the report.

The first proposed amendment was in the 19^^ Article of
the Bill of Rights, which was read and no debate thereon
[see marg. p. 46].

The second was in the 20^^^ Article of the said Bill of
Rights, which was read : The proposed alteration was in the
following words: "And also in Actions where the sum de-
manded in Damages shall not exceed twenty shillings ;" —
and after much debate the question was put. Whether said
alteration shall stand in said article as reported ; — which was
determined in the negative. Some words were then pro-
posed as a substitute, but were not accepted.

The Committee then rose with leave to sit again; and the
President took the chair & the Committee reported progress.
[p. 89.] Adjourned to 9 o'clock to-morrow morning.

Friday, Feb^' I0*^ 1792.

Convention met according to adjournment. After read-
ing the Journal of yesterday &c. proceeded in Com^*^*-' of the
whole: The chairman having taken the chair.

Resumed the consideration of the 20^'' article of the Bill
of Rights, and after some debate motion was made to post-
pone the further consideration thereof for the present —
which passed in the affirmative.

The next proposed amendment was for a thirty-ninth Ar-
ticle in the bill of Rights in the following words: "Beasts of
the plough not exceeding a yoke of oxen or a horse, Instru-
ments of Husbandry, and the necessary tools of a man's
trade, shall not be liable to be distrained, attached or taken
in Execution for Debt, unless by the person who furnished
them."

After some debate the question was put, Shall this be

92 STATE OF NEW HAMPSHIRE.

accepted as an article of the Bill of Rights ? Voted in the
negative.

The next proposed amendment was in the second para-
graph under the head General Court: — which was to
make the paragraph read thus: "The Senate and House
shall assemble every year on the third Wednesday of Sep-
tember, and at such other times as they may judge neces-
sary, and shall dissolve and be dissolved seven days next
preceding the said third Wednesday of September, and shall
be stiled the General Court of New Hampshire" — which
[p. 90.] being read and considered and after some debate, the
question was put. Shall the word September stand in the re-
port? Voted in the negative.

Motion was then made to insert the word November : —
but the motion was lost.

Motion was then made that the word January be inserted,
and the word " third " be struck out, that it might read the
first Wednesday in January : but the motion was lost.

Motion was then made that the last mentioned paragraph
of the report be postponed to make way for the following :
Shall there be any alteration made in the time for the first
meeting of the General Court .'' — which motion prevailed.

The question was then put. Shall there be any alteration
made in the time for the first meeting of the General Court }
To determine which the yeas and nays were called, and
were as follows, viz. :
[p. 91.] 49 Yeas — 50 Nays. So no alteration is to be made.

Proceeded to the Report under the head President
[see margin, p. 55] or Governor. The first paragraph pro-
posed to be altered to read as follows, (viz.) The word
** President" shall be struck out and Governor inserted in all
the sections where the President is named : which report
was read and considered, received and accepted,
[p. 92.] The next amendment that took place was in the
following words : " But 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."

The Committee then rose with leave to sit again, and
the President took the Chair, and the Committee reported
progress.

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

JOURNAL OF CONVENTION. 93

Met accordingly.

Proceeded to the first paragraph under the Head Gen-
eral Court.

Two alterations were proposed, but neither obtained, and
it was voted to postpone the consideration of said proposed
alterations for the present.

They then proceeded to the paragraphs under the head
Governor. The second paragraph was read and not de-
bated.

The third paragraph as reported was read and received so
far as to the words above mentioned, *' but if no person
[p. 93.] shall have a majority," &c.

The fourth paragraph was received with the alteration
from *' ninety days" to " seven months," and with an altera-
tion fixing the place to which the Governor shall adjourn
the Court in cases of disagreement between the two Branch-
es &c. to meet at the place where the General Court should
be at that time sitting. The remainder of the paragraphs
were accepted as far as to the one beginning thus : " The
Gov'ernor and Council shall be compensated," &c.

The Committee then rose with leave to sit again, and
the President took the Chair, and the Committee reported
progress.

The Convention then adjourned to 9 o'clock to-morrow
mornS.

Saturday, Feb^ II*^ 1792.
The Convention met according to adjournment. After
reading the Journal &c. proceeded in Committee (The
Chairman in the Chair) to the consideration of the para-
graph. The Governor and Council, &c. And was Voted
to stand thus : The Governor and Council shall have a com-
pensation for their services, to be fixed annually by the
General Court early at their first session, which shall not be
[p. 94.] increased or diminished during the time for which
the Governor and Council shall have been elected.

The next paragraph was read respecting Salaries to the
Judges of the Supreme Court, but not debated.

Proceeded to the Report under the head, Lieut. Governor,
but it was not accepted.

Nextly, proceeded to consider of the Report respecting
the Governor's power in legislation, or otherwise the nega-
tive that the Governor may have on the Acts of the Legis-
lature; — which is placed under the head

94 state of new hampshire.

General Court.

The Report was accepted with this alteration that, On
the return of a Bill by the Governor for reconsideration, it
shall require two thirds of both Houses instead of four
sevenths of one and a majority of the other, — as reported.

The next paragraph in the report respecting the Gov-
ernor's negative on a Resolve Avas accepted.

The next paragraph respecting a member taking fees,
[p. 95.] being of Council &c. was accepted.

Instead of the next paragraph reported, the following was
substituted : — The doors of the Galleries of each house of
the Legislature shall be kept open to all persons who behave
decently, except when the welfare of the State, in the opin-
ion of either branch shall require secrecy.

Proceeded to the Report under the head

Senate,

and Voted that the word "twelve" be erased & the word
thirteen inserted in the first and second paragraphs, but did
not finish the debate on the first paragraph respecting elect-
ing the Senate for two years. The Committee rose with
leave to sit again, and the President took the Chair and the
Committee reported progress.

Convention then adjourned to Monday next at 3 o'clock,
p. M.

Monda}^, Feb^' 13^^^ 1792.

Convention met according to adjournment.

After reading the Journal &c. The Chairman took the
Chair and in Committee of the whole proceeded to the con-
sideration of the Senators being chosen for two years, and
being divided into two classes, and dismissing seven the
first year, and filling up the vacancies from the same dis-
tricts, and dismissing the remainder the next year, and fill
[p. 96.] up the vacancies from the districts in which they
were chosen, and so on annually by rotation : & after some
debate the foregoing proposition was postponed to make
way for the following, (viz.) That in order to render the
Senate Independent of and a check upon the other Branch
of the Legislature, and that they may indeed be the rep-
resentatives of the People, the choice of the Senate ought
to be completed by the People themselves, and not by the
medium of the House of Representatives ; and Senators

JOURNAL OF CONVENTION. 95

elected as has been heretofore practised : — which last prop-
osition was determined by yeas & nays, and are as follows ; —

44 yeas — 45 nays. So it was negatived.

The foregoing proposition was then tried and rejected.

In the third clause reported, the word "biennially" to be
erased and the word annually inserted.

In the fourth clause, the words, "Every second year" be
erased and that the word annually [be] inserted.

On the words in said fourth clause "paying for himself or
liable to pay a poll tax or the amount thereof," some debate
ensued and a Committee was chosen to report thereon ; the
Committee were Mr. Thompson, Mr. Walker & Mr. Blan-
chard.

The Committee then rose with leave to sit again, and the
President took the chair and the Committee reported prog-
ress.

[p. 98.] Adjourned to half past 8 o'clock to-morrow morn-
ing.

Tuesday, Feb^ 14"^ 1792.

The Convention met according to adjournment. After
reading the Journal, &c. the chairman having taken the chair
proceeded on the report of the Committee : much debate en-
sued on a proposed clause in the following words: "Every
officer whilst under impeachment shall be suspended from
the exercise of the duties of his office, but the trial shall be
as speedy as the nature of the case will admit:" — but the
clause was rejected.

On debating the report of the Sub Committee and the
matter to them referred, motion was made, that the words
"paying for himself a poll tax" be erased, and the words
"excepting paupers & persons excused from paying taxes at
their own request" be inserted; — which motion prevailed:
And that the word "free" be inserted following the word
"every."

Proceeded to the Report under the head

General Court.

Debated on several proposed amendments, but no altera-
tion made in the Constitution.

The Committee rose with leave to sit again and the Presi-
[p. 99.] dent took the chair. The Committee reported prog-
ress.

96 STATE OF NEW HAMPSHIRE.

Adjourned to half past 2 o'clock p. m. Met accordingly.

Voted, That when the business is gone through in Com-
mittee of the whole, and Convention shall have come to a
determination with respect to any alteration that may be
made, that the Secretary with William Plummer Esq. ar-
range the alterations that may have taken place, by incor-
porating said alterations into the Bill of rights and Constitu-
tion in their proper places.

Proceeded in Committee of the whole (The chairman hav-
ing taken the chair) to the consideration of the report under
the head

General Court,

and the following clause in the report was rejected, (viz) a
Proviso, that when the number of Representatives shall
amount to one hundred and ten, the Legislature shall make
such arrangements as that at no time they shall exceed that
number, nor at any time less than eighty.

The alteration respecting filling up vacancies was also re-
jected.

Proceeded to the report under the head

Council.

[p. 100.] Accepted the whole, with the word "and" added
to the paragraph respecting a new County, — till the last
clause respecting the order of Elections — which was passed
over without a determination.

Proceeded to the Report under the head

Secretary, Treasurer, Commissary, &c.

the whole of which was accepted.

Proceeded to the Report under the head

County Treasurer, &c.

which was debated with respect to Registers of Deeds,
but came to no determination.

The Committee then rose with leave to sit again, and the
President took the chair, and the Committee reported prog-
ress.

Adjourned to 9 o'clock to-morrow morning.

Wednesday, Feb>' 15^^ 1792.

Convention met according to adjournment. After read-
ing the Journal, &c. Proceeded to the report of the Com-

JOURNAL OF CONVENTION. 9/

mittee under the head County Treasurer, &c. the first
[p. 1 01.] clause in the report was accepted ; the second ac-
cepted with the following words inserted — " the manner of
certifying the votes, and " — to be inserted immediately after
the word " alter." Also the following words inserted, "And
also on the application of the major part of the inhabitants
of any county, to divide the same into two districts for
registering of Deeds when ever it shall appear reasonable,"
instead of the words, " and also to divide the several Coun-
ties into as many districts for registering of Deed[s] as to
them shall appear necessary" — the other clause was ac-
cepted.

Proceeded to consider of the report under the head

Judiciary Power.

Voted that the whole of the system be considered in the
first place and afterwards to take the paragraphs separately.
After some debate the Committee rose with leave to sit
aofain ; and the President took the chair and the Committee
reported progress.

Adjourned to 3 o'clock p. m. Met accordingly.

Proceeded in Committee of the whole to the considera-
[p. 102.] tion of the report under the head Judiciary Power.
After some debate it was voted to proceed by paragraphs.

Upon reading the first paragraph, which was in the fol-
lowing words : " The Judicial power of the State shall be
vested in a Supreme Court of Judicature, except as is here-
after provided ; This Court shall consist of one Chief Jus-
tice and not more than nine nor less than six associate
Justices." Motion was made to divide the paragraph and
take a vote on the former part, which obtained, namely :
" The Judicial Power of the State shall be vested in a Su-
preme Court of Judicature, except as is hereafter provided:"
on which the yeas and nays were called and are as follows.
[p. 103.] 48 Yeas — 54 nays. So it was rejected.

Motion was then made that the remainder under said
head be postponed, to consider of a proposition laid on the
table by a member ; — which motion obtained : but before
any debate ensued the Committee rose with leave to sit
again, and the President took the Chair — and the Commit-
tee reported progress.

Adjourned to 9 o'clock to-morrow morning.

98 STATE OF NEW HAMPSHIRE.

[p. 104.] Thursday, Feb^ I6*^ 1792.

Convention met according to adjournment.

After reading the Journal &c., Proceeded in Committee
of the whole to take under consideration the proposition
voted to be taken under consideration the last evening ; and
motion was made to postpone said proposition, and take
under consideration another delivered in this morning by a
member in the following words : " It shall be the duty of
the General Court to make a reform in the Judiciary Sys-
tem, that Justice may be administered in a more cheap and
expeditious manner than is now practised ; and that no
party shall have a review after the cause has been deter-
mined against him twice by Jury." After some debate it
was moved to postpone the last proposition in order to
make room for the following :

"If the General Court shall judge it necessary for the
public good they are authorized and impowered to abolish
the Courts of Common pleas and invest such other Courts
as they may establish with the powers and Jurisdiction
now vested in said Courts of Common pleas, or to make
any regulations respecting the powers and Jurisdiction now
[p. 105.] existing, as the public good may require.' After
some debate the motion was divided, and motion was made
to take the opinion of the Committee whether the following
words in the proposition should stand : *' It shall be the
duty of the General Court to make a reform in the Judi-
ciary system:" to determine which the yeas and nays were
[p. 106.] Called and are follows : 56 Yeas — 39 nays. So
the words are to stand.

It was then voted that said proposition be accepted as
before stated, in the following words : "It shall be the duty
of the General Court to make a reform in the Judiciary sys-
tem that justice may be administered in a more cheap and
expeditious manner than is now practised, and that no party
shall have a review after the cause has been determined
against him twice by Jury."

The Committee then rose with leave to sit again, and the
President took the chair and the Committee reported prog-
ress.

Adjourned to 3 o'clock, p. m. Met accordingly.
[p. 107.] Proceeded in Committee of the whole to the con-
sideration of the following proposition: "The General Court

JOURNAL OF CONVENTION. 99

are hereby impowered to make alterations in the power and
jurisdiction of the Courts of Common pleas and the Court of
General Sessions respectively, or if they shall judge it nec-
essary 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 said
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" —
which proposition was accepted.

The next proposition debated was in the following words :
"The General Court are also impowered to give to Justices
of the Peace (who shall by the Executive be specially com-
missioned for that purpose) jurisdiction in civil causes when
the damages demanded shall not exceed four pounds and
title of land 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."

After some debate it was voted to strike out the words
[p. 108.] "who shall by the Executive be specially com-
missioned for that purpose," and the proposition was then
accepted : — Determined by yeas and nays, 64 yeas — 34 nays.

Proceeded to the report respecting vesting Chancery
powers, which was in the following words : " And may vest
in such Courts respectively as to the General Court may
appear for the public good, the Powers incident to a Court
of Equity in Chancery, not repugnant to the Constitution."

After some debate it was agreed to have it stand as voted
the last session, excepting that the v/ords "ought to" be
erased, and instead thereof the words, "shall by the Legisla-
ture."

The Committee then rose with leave to sit again, and the
President took the chair, and the Committee reported prog-
ress.

Adjourned to 9 o'clock to-morrow morning.

Friday, Feb>' 17*^ 1792.

Convention met according to adjournment. After reading
the Journal &c. Proceeded in Committee of the whole to con-
sider of several motions proposed for vesting the power of
granting new trials & restoring to Law &c. After some de-
[p. 109.] bate the several motions were committed to the

100 STATE OF NEW HAMPSHIRE.

consideration of Mr. Pickering, Mr. Livermore, Mr. Hum-
phreys, Mr. Atherton & Mr. Payne who are to report their
opinion.

The next paragraph in the report respecting the tenure of
Commissions &c. was accepted.

The next respecting the Legislature requiring the opinions
of the Supreme Court &c. was accepted.

The next paragraph respecting a Judge or Sheriff hold-
ing their office after 65 years of age, motion was made to
strike off 65 and insert 70,— which motion obtained; and
the words "or Judge of Probate," to be inserted, following
the word "Court" — was accepted with the alterations.

The next paragraph, respecting Commissions of Justices
of the Peace expiring in five years was accepted.

The next paragraph. Judges and Justices &c. being of
Council &c. was accepted.

The next paragraph relating to Probate of Wills &c. was
referred to the Committee chosen this morning, and that
they report their opinion.

The remaining two paragraphs were accepted, under said
head.

[p. no.] Under the head Clerk of Courts,
the paragraph was accepted.

Under the head Encouragement of Literature, the para-
graph was accepted.

Under the head Oaths & Subscriptions, Exclusions, &c.
the several paragraphs were accepted, with the word "Lieu-
tenant Governor " erased, till it come to the paragraph be-
ginning, "all writs issuing" &c. which clause was rejected.

The two next paragraphs were accepted.

The next paragraph in the Constitution though not re-
ported is to come under consideration in Convention.

The two next paragraphs were accepted as reported.

Proceeded to the next paragraph reported " No Governor,"
&c. after some debate, the Committee rose with leave to sit
again, and the President took the chair, and the Committee
reported progress.

Adjourned to 3 o'clock, p. m. Met accordingly.

Proceeded in Committee of the whole to the paragraph
under consideration, when the Committee rose and accepted
the same.

JOURNAL OF CONVENTION. lOI

[p. III.] The next paragraph was read, considered and ac-
cepted.

The next paragraph was read and the words " Collectors
of Excise and State and Continental taxes hereafter ap-
pointed and not having settled their accounts for their col-
lections with the respective officers with whom it is their
duty to settle such accounts," added to said paragraph.

Motion was then made to strike out the words " President,
professor or Instructor of any College ; " After some debate
the question was put, shall the words stand — which question
was determined by yeas and nays, and were as follows : — viz.
[p. 112.] 56 Yeas — 45 Nays. So the motion did not prevail.

The next paragraph was accepted.

The next proposed paragraph, " No new town or parish,"
&c. was rejected.

The next proposed paragraph, " All Judges of Courts,"
etc. was rejected.

The next proposition that came under consideration was
respecting an officer to act as first magistrate in case of a
vacancy, and voted that " the President of the Senate offi-
ciate as first magistrate in the absence of the Governor."
[p. 113.] The Committee rose with leave to sit again, and
the President took the Chair, and the Committee reported
progress.

Adjourned to 9 o'clock to-morrow morning.

Saturday, Feb^' I8*^ 1792.

Convention met according to adjournment. After read-
ing the Journal &c. Proceeded in Committee of the whole
to consider of the Reports of the Sub Committee. The
report on the several motions proposed for vesting the
powers of granting new trials, restoring to Law, &c. was in
the following words: "And it shall be the duty of the Gen-
eral 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 judg-
ment, in all cases when 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 review or trial within one year from the ren-
[p. 1 14.] dition of judgment :" — which report was accepted.

102 STATE OF NEW HAMPSHIRE.

On the paragraph relating to the Probate of Wills &c. which
was referred to the Sub Committee, they reported as follows :
"All matters relating to the Probate of Wills &c. granting
letters of administration &c. shall be exercised by the Judges
of Probate in such manner as the Legislature have directed
or may direct ; and the judges of Probate shall hold their
Courts at such place or places on such fixed days as the
convenience of the people may require and the Legislature
from time to time appoint :" which report was accepted.

The next proposition that was considered was in the fol-
lowing words : " The person who in case of a vacancy shall
execute the office of Governor, shall be chosen by the Peo-
ple in the same way and manner, as the Governor by the
Constitution is to be chosen : " — which was determined by
Yeas and Nays — and are as follows : viz.
[p. 115.] 47 Yeas — 52 Nays. So the motion was lost.

It was then voted, that "the Senate shall appoint their
President and other officers," and determine &c. as in the
present Constitution.

Nextly, proceeded to the consideration of a proposition in
the following words, viz. "The Senate before they proceed
[p. 116.] to the trial of any officer impeached, shall summon
him by process to be served by a sworn officer at least
days before the day of trial ; and in case of his non-appear-
ance shall proceed to hear the Impeachment and evidence,
and render judgment, his non-appearance notwithstanding;"
— which, with causes of impeachment &c. was referred to a
Committee consisting of Mr. Humphreys, Mr. Plummer and
Mr. Peabody, who are to report to Convention their opinion
thereon.

Voted, That Mr. Walker, Mr. Thompson, Mr. Peabody,
Mr. Atherton & Mr. Humphreys be a Committee to take
under consideration the 20^^^ Article in the Bill of Rights.

The Committee then rose with leave to sit again, and the
President took the chair and the Committee reported prog-
ress.

Adjourned to 3 o'clock, p. m. Met accordingly.

The next paragraph in the report, "To the end that there
be no failure," &c. was accepted.

The next paragraph was accepted,
[p. 117.] Instead of the last paragraph reported, the follow-
ing was voted — "At the first annual or other meeting held
for the choice of Representatives after seven years is expired

JOURNAL OF CONVENTION. IO3

from the time of the Amendments to the Constitution hav-
ing been accepted, the Electors shall give their Representa-
tives their opinion or Instructions in writing voted at the
meeting, relative to the propriety or necessity of calling a
Convention to revise the Constitution ; and if it shall appear
to the General Court that it is the opinion of a major part of
the people voting thereon to have the Constitution revised,
it shall be their duty to call a Convention for that purpose;
and the same method shall be observed at the end of every
seven years afterwards ; And the amendments which may
be agreed on by such Convention shall be valid to all intents
and purposes as part of this Constitution when approved of
by of the qualified voters present and voting in Town

meeting on the question."

The Committee then rose and the President took the
chair, the Committee informed that their Report should be
given in on Monday morning, at the time of the meeting of
Convention,
[p. 118.] Adjourned to Monday next at 9 o'clock, a. m.

Monday, Feb^, 20*^ 1792.

Convention met according to adjournment. Read the
Report of the Committee of the whole, and voted to pro-
ceed in the following manner, (viz.) to take up the report of
the Committee of Convention and the Committee of the
whole, and determine thereon.

[Note. The following appears to be the Report of the Committee
of the whole, referred to on page 118 of the Journal: it is found in
MS. Journal on pages 443-450, as follows. — Ed.]

The Committee of the whole, having taken under their consideration
the Report of the Committee of Convention chosen in September
last, and maturely deliberated thereon, agree to the following al-
terations in said Report, (viz.)

To strike out the 39*'^ article in the Bill of Rights.
Under the head General Court,

2^ Paragraph — Strike out the word "third" and insert the word
"first." Strike out the word " September" & insert the word "June."

5"^ Paragraph — Strike out the words " four sevenths," and insert the
words " two thirds ; " also. Strike out the words " a majority," and in-
sert the words " two thirds " instead thereof.

8"^ Paragraph — Strike out the whole, and insert as follows :

" 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."

104 STATE OF NEW HAMPSHIRE.

Under the head Senate.

i^' Paragraph — Strike out the word " twelve," and insert the word
" thirteen : " Strike out the words " two years," and insert the words
" one year: " Strike out " third Wednesday of September," and insert
" first Wednesday of June."

2'^ Paragraph — Strike out the word "twelve" and insert the word
" thirteen."

3*1 Paragraph — Strike out the word " biennially," and insert the word
" annupJly."

4*1^ Paragraph — Strike out the words " every second year," and insert
" annually : " Strike out " paying for himself a poll tax or liable to pay
poll tax or the amount thereof," and insert, " excepting paupers and
persons excused from paying taxes at their own request."

6"^ Paragraph — Strike out.

y^^ Paragraph — Strike out the whole after the words " sealed up and
directed," and insert words necessary to make the method of returning
&c. to read as in the present constitution.

9^^ Paragraph — Strike out the words " every second year," and insert
the word " annually."

iQth^ jjth^ ^ j2th Paragraphs rejected, and the same method to be
pursued to determine the choice of Senators, when a majority of votes
is wanting, as when a Governor has not a majority.

The last Paragraph was rejected.

Voted, That the Senate shall appoint their President and other offi-
cers, and determine their own rules of proceedings, and not t/iau less
than seven members of the Senate shall make a quorum for doing busi-
ness ; 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 President of the Senate shall officiate as first magistrate in the
absence of the Governor.

Under the head. House of Representatives, the Proviso follow-
ing the first Paragraph strike out.

Executive Power.

Under the head, Governor.

3'! Paragraph — Strike out the whole after the words "the House,"
and insert, "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."

5"^ Paragraph — the words, " to meet at the place where the General
Court shall be at that time sitting," are to be inserted following the
word " require."

14th Paragraph — Strike out, and insert the following :

The Governor and Council shall have a compensation for their ser-
vices, to be fixed Annually by the General Court early at their first
session, which shall not be encreased nor diminished during the time
for which the Governor & Council shall have been elected.

The whole under the head Lieut. Governor strike out.
Under the head Council.

4"^ Paragraph strike out the word " third," & insert "first." Strike
out the word " September" and insert "June."

JOURNAL OF CONVENTION. IO5

5'^^ Paragraph — Strike out the words " Lieut. Governor. "

Begin the 6''' paragraph with the word "And."

The last paragraph respecting the order of Elections was not deter-
mined.

Under the head Secretary, Treasurer, Commissary &c. no alteration
was made.

Under the head County Treasurer, &c. 2*^ paragraph insert the
words "The manner of certifying the votes and," following the word
"alter." Strike out "And also to" &c. and insert, "and also on the
application of the major part of the Inhabitants of any County, to divide
the same into two districts for registering of Deeds whenever it shall ap-
pear reasonable."

Under the head Judiciary Power.

The i^', 2'^^, 4*^ & 5*'^ paragraphs rejected, and the following voted : —

"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 practised, and that no party shall have
a Review after the cause has been determined against him twice by a
Jury.

" The General Court are hereby impowered to make alterations in
the power and jurisdiction of the Courts of Common Pleas and Courts
of General Sessions 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 Ses-
sions of the Peace, as the General Court may from time to time judge
expedient for the due administration of Law and Justice.

"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 grant-
ing 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
when 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 review or trial within one year from the rendition of judg-
ment."

3^ Paragraph committed to a Sub Committee.

8'^^ Paragraph, the words " or Judge of Probate" to follow the word
"Court." Strike out the words "sixty-five," and insert the word
" seventy."

II "1 Paragraph, strike out the word "shall," and the word "here-
after," and the whole after the word " appoint."

Under the head Oaths, & Subscriptions, Exclusions, &c.

i^' Paragraph — Strike out the words " Lieut. Governor."

5'^ Paragraph, — Strike the whole out.

10"^ Paragraph, — Strike out the words " Lieut. Governor."

12*'! Paragraph — Strike out the words, " Collectors of Excise, Collector
of taxes," and insert "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 "
following " Naval officer."

Strike out the words " Lieutenant Governor."

I06 STATE OF NEW HAMPSHIRE.

14 Paragraph strike out.

15 Paragraph strike out.

The last Paragraph strike out and insert the following: "At the first
annual or other meetings held for the choice of Representatives after
seven years is expired from the time of the amendments to the Consti-
tution having been Accepted, the Electors shall give their Representa-
tives their opinion or Instructions in writing. Voted at the meeting rel-
ative to the propriety or necessity of calling a Convention to revise the
Constitution, and if it shall appear to the General Court that it is the
opinion of a major part of the people voting thereon to have the Con-
stitution revised, it shall be their duty to call a Convention for that
purpose, and the same method shall be observed at the end of every
seven years afterwards : And the amendments which may be agreed on
by such Convention shall be valid to all intents and purposes as part ot

this Constitution, when approved of by of the qualified voters

present and voting in town meeting on the question."

N. B. A paragraph beginning "All Laws" &c. not acted upon.

Accepted the first five articles in the Bill of rights with-
out any alteration.

6*^^ Article debated and referred to Mr. Peabody, Mr.
Walker & Mr. Livermore.

7"^ Accepted with this alteration: Strike out "United
State[s] of America in Congress Assembled," and insert
"Congress of the United States of America."

8'^ 9^^ Iot^ IIt^ I2t^ I3t^ I4^^ I5^^ 16*^ Articles were
accepted without any alteration : 17^^ accepted — erasing the
word "Assembly," and insert the word " Legislature."

18^^^ accepted — erasing the words "those of," also the
word " dye" and insert " offences."

19^^^ accepted — erasing the word " citizen" and inserting
"subject."

20'^^ article erased, and the one received as reported by
the Committee and inserted instead of the one erased. [See
Report of Com., marg. p. 189.]

2i't, 22^ 23^ 24"\ 25^^ 26^^ 27^^ 28^^, 29^^ 3o*^ ^i^\ 32^

33^\ and 34*'-^ rec'l

[p. 119.] 35^^ accepted, with striking out the words "or

Superior."

^5^ ^^th^ 38*^ accepted. 39*^ rejected.

Adjourned to 3 o'clock P. M. Met accordingly.

Proceed to the Form of Government.

First paragraph accepted with this alteration, — "of the
State of New Hampshire," erased, and the words "formerly
called the Province of New Hampshire" [instead].

journal of convention. 10/

General Court.

i^* paragraph accepted — 2*^ accepted with erasing the
words "third Wednesday of September," and inserting the
words " last Wednesday of October" in two places in the
paragraph — which was determined by yeas and nays, and are
as follows : 50 yeas, — 46 nays.

3^\4^^^ accepted ; 5*'' accepted, striking out ''four sevenths,"
and inserting " two thirds ;" and striking out "a majority"
and insert "two thirds."

6^^* and 7*^ accepted ; 8*^^ rejected and another inserted ;
9^^ accepted.

Senate.

5*^ Paragraph accepted with the alterations made in Com-
mittee of the whole.

Adjourned to 9 o'clock to-morrow morning.

Tuesday, Feb^' 2i^^ 1792.

Convention met according to adjournment.

Proceeded to the consideration of the several remaining
paragraphs under the head, Senate. The 6^'^ & 7^^ accepted,
the 8*^^ 9^*^ & 10*^ rejected ; the 1 1*^ 12*^ & 13^^ accepted with
some small alterations which were made in the proper place;
14*^ accepted with some alterations which were inserted.
[p. 120.] The last paragraph reported, — which was in the
following words, viz., " Every officer whilst under impeach-
ment shall be suspended from the exercise of the duties of
his office unless the House of Representatives shall order
otherwise ; but the trial shall be as speedy as the nature of
the case will admit" — which paragraph was largely debated,
and the yeas and nays called to determine thereon, and were
as follows :

46 yeas — 49 nays. So the motion was lost,
[p. 121.] Adjourned to 3 o'clock, p. m. Met accordingly.

Proceeded to the consideration of the several articles or
Paragraphs under the head House of Representatives.

On the I** paragraph much debate ensued, and motion
was made to strike out the words " three hundred," and
insert " two hundred and twenty-five " as the mean increas-
ing number — to determine which the yeas & nays were
called and were as follows :

19 yeas — 79 Nays. So the motion was lost and no alter-
ation was made in said article.

I08 STATE OF NEW HAMPSHIRE.

[p. 122.] The next paragraph contained in 2. proviso to
prevent the number of Representatives being more than
one hundred and ten at any one time hereafter, &c. was re-
jected. The remainder under said head was accepted till it
comes to the paragraph respecting printing the Journal of
the Gen^ Court, & after some debate it was rejected as re-
ported, and received as it stands in the Constitution, with
the addition of the following words : "And all the public
Acts " to follow the words, " General Court."

The following paragraph was added, " 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, re-
solve or Bill passed, entered on the Journals."

Proceeded to consider of the Paragraphs under the head,
Governor (as reported).

The first paragraph was accepted and the 2^^ came under
consideration, and it was voted, that an alteration be made,
which was inserted in its place : the 3^^ came under con-
sideration respecting Electors &c. and voted, that Mr.
[p. 123.] Payne, Mr. Humphreys & Mr. Livermore be a
Committee to make an arrangement of the several Para-
graphs touching the Executive, and make them conformable
to certain votes that have been passed in Convention.

Adjourned to 9 o'clock to-morrow morning.

Wednesday, Feb^ 22^ 1792.

Convention met according to adjournment. Proceeded to
consider of the Report of the Committee on the 6^'^ Article
in the Bill of rights — which after being fully debated, motion
was made to accept the report: — on which motion the yeas
and nays were called, and are as follows:

57 yeas — 35 Nays. So the report was accepted.

[p. 124.] Accepted the report of the Committee on the last
clause or paragraph under the head Senate.

. Proceeded to consider of the Report of the Committee, to
consider of and report upon the whole under the head

Governor,

and accepted the same.

Proceeded to consider of the Paragraphs under the head

journal of convention, io9

Council,

and voted to erase the paragraph giving Uberty in case there
should be a new County to have an additional Counsellor —
which was rejected.

Adjourned to 3 o'clock p. m. Met accordingly.

The following Proviso was taken under consideration:
" Provided nevertheless, that the Legislature may if the pub-
lick good shall hereafter require it, divide the State into five
Districts for the election of Counsellors, according to the
numbers and taxes as nearly equal as may be, that one Coun-
sellor may be chosen in each District:" which Proviso was
accepted.

Voted That every nomination and appointment shall be
signed by the Governor and Council, and every negative
shall be signed by the Governor or Council who negatived
the same.

Under the head

Secretary, Treasurer, &c.

received as reported by the Com^^^ of Convention. Report
[p. 125.] of the Committee of the whole under the head
County Treasurer, &c. was received as reported by the
Committee. Under the head County Treasurer &c. the
whole received as reported by the committee of the whole.

Under the head, Judiciary Power received as reported
by the Committee of the whole.

The paragraph under the head, Clerk of Courts refer'd
to Mr. Humphreys for an alteration.

Under the head, Encouragement of Literature, the
paragraph was accepted as reported.

Under the head Oaths & Subscriptions &c. accepted as
reported.

Adjourned to 9 o'clock to-morrow morning.

Thursday, Feb^, 23^, 1792.

Convention met according to adjournment. Received the
report under the head "Clerk of Courts" — which was as fol-
lows: "The Judges of the Courts, (those of Probate except-
ed,) shall appoint their respective Clerks during pleasure ;
and no such clerk shall be of Council in any cause in the
Court of which he is clerk, nor shall he draw any writ orig-
inating a Civil Action."

no STATE OF NEW HAMPSHIRE.

[p. 126.] Proceeded to the paragraph which excludes cer-
tain officers from holding a seat in the Legislature, and mo-
tion was made to insert the words "Justices of the Peace;"
— to determine which the yeas & nays were called, and are
as follows :

34 yeas — 62 nays. So the motion did not prevail.

[p. 127.] Motion was made to strike out the words "Judge
of the Inferior Court of Common Pleas : " — but the motion
was lost.

Motion was then made to strike out the words, " Presi-
dent, Professor or Instructor of any College " — which passed
in the affirmative, and the words were struck out.

Voted, That when the Governor shall be tried on Im-
peachment the Chief Justice of the State shall preside in
the Senate, but shall have no vote therein.

Voted, That Mr. Humphreys, Mr. Page & Mr. Newcomb
be a Committee to report on the last paragraph in the Con-
stitution.

Adjourned to 3 o'clock p. m. Met accordingly.

The Committee reported on the last Paragraph, which re-
port was read and considered, received and accepted.

Voted That Mr. Cilley, Mr. Thompson, Mr. Atherton,
Mr. Chase and Mr. P'reeman be a Committee to consider
and report in what way and manner the proceedings in Con-
vention shall be printed and distributed to the several
Towns ; when the meetings in the Towns shall be held ;
the manner of the Towns making returns & the time and
place where Convention shall hold their next session.
[p. 128.] The foregoing Committee reported: "That some
person be appointed to agree with a printer to strike off

copies of the proceedings of Convention ; that he

superintend the Press ; that he direct one copy to the Se-
lectmen of each Town, parish and unincorporated place ;
that he bind up the copies belonging to each County in a
separate bundle and direct and send them to the sheriffs of
the respective Counties, accompanied with a letter directing
the sheriff to send the copies of the several respective
Towns &c. in the County without delay ; that the meetings
in the several towns throughout the State to consider and
vote on the doings of the Convention, be held on the first
Monday in May next, and that the Convention adjourn to
meet again on the last Wednesday of said May, at Concord."

JOURNAL OF CONVENTION. Ill

On reading and considering the foregoing report, it was
Voted, That two persons be employed for the purpose men-
tioned.

Voted, That Mr. Thompson, Mr. Toppan & Mr. Peabody
be a Committee to nominate four persons — two of whom to
be appt^ a Committee for said purpose.

Voted, That Mr. Page, Mr. Plummer & Mr. Livermore be
a Committee to point out the manner in which the returns
from the several Towns shall be made,
[p. 129.] Adjourned to 8 o'clock to-morrow morning.

Friday, Feb^' 24*^ 1792.

Convention met according to adjournment. The Com-
mittee to Nominate four persons, two of whom &c. nominat-
ed Mr. Pickering, Mr. Peabody, Mr. Walker & Doct^" Sam^
Tinney.

The Committee to whom was referred, to consider in what
manner the returns &c. should be made, reported: "That the
Articles of amendments be incorporated with the Constitu-
tion and printed: And the Articles of Amendment be num-
bered, and also printed with two blank columns on each
page, with the amendments, and at the top of one column
be printed the words, "Votes for the Amendments," and at
the top of the other column be printed, "Votes against the
Amendments:" That the returns be made by writing down
against each particular Amendment the number of votes for
the article or against the article, as the case may be, and
that there be printed at the end of the articles a certificate
in the following words, (viz.)

"I Town clerk of do hereby certify

and attest, that the number of votes for and against each ar-
[p. 130.] tide of amendment as set down in each column
against each particular article, is just and true as voted and
taken in town meeting duly warned for that purpose, and

held in the town of in the County of this

day of May, Anno Domini 1792.

Town Clerk."

The Committee further report an order to be printed on
the first page of the Articles of amendments as follows, (viz.)

** In Convention held at Concord the second Wednesday
of Feb>', 1792, by adjournment, ordered that the Constitu-
tion, with the articles of amendment incorporated, be printed,

112 STATE OF NEW HAMPSHIRE.

in order that the Constitution Amended be better under-
stood ; and the Articles of Amendments be also printed
and sent to the several Towns and unincorporated places as
soon as may be, to be laid before each Town and unincor-
porated place at a meeting of the Inhabitants duly warned
for that purpose, to be held on the first Monday of May
next, being the 7^^^ day of s'^ month, to be separately voted
[p. 131.] upon by the qualified voters present, and the Clerk
of such Town or place shall seal up the articles of amend-
ments with the number of votes written down for or against
each particular article and cause return thereof to be made
to the Convention at Concord on the last Wednesday in
May next :" — which report was accepted.

Proceeded to elect two persons of the four nominated,
and made choice of the Hon^^ Timothy Walker, Esquire,
and Doct^' Sam^ Tinney, to procure five hundred printed
copies of the amendments &c., one copy for each Town, one
for each member, and the remainder amongst some of the
largest towns in the State ; and directed to the several sher-
iffs to be by them distributed agreeably to a former Report.

Voted that the Secretary be directed to furnish the above
Committee with an attested copy of the amendments and
alterations, and also an attested copy of the Constitution,
with the amendments and alterations incorporated.

Voted, That Mr. Plummer be requested to assist the Sec-
retary in making out said copies.

[p. 32.] Adjourned to Wednesday, the 30^^' of May next
then to meet at Concord.

NOTE BY THE EDITOR.

[Here follow, in order, first, the articles in addition to and in amend-
ment of the constitution as sent out to the people ; and second, the
constitution with the said articles incorporated.].

JOURNAL OF CONVENTION.

113

Articles in addition to and amendment of the Con-
stitution OF THE State of New Hampshire, agreed
TO BY THE Convention of said State, & submitted

TO THE PEOPLE THEREOF FOR THEIR APPROBATION.

[See Pages 396-435, and 461-470 of the MS. Journal.]

NOTES BY THE EDITOR.

[In the numbering of the articles of amendment and alterations
which follow, there is a slight discrejDancy between the original manu-
script of the Journal, and the printed form as sent out to the people.
The editor has followed the latter in numbering the said articles. There
is no discrepancy in the matter thereof, except that the last article, No.
72, is in the printed form as sent out to the people.]

[The following pages are a specimen of the form in which the amend-
ments were sent out, — the votes for or against each amendment being
set down in the ruled columns. It was judged unnecessary to put the
rules on every page. The result is noted in the returns at the end.]

[The Articles of amendment are numbered as they were sent out to
the people. — Ed.]

Under the head Bill of Rights :

That the following be added to the 6'^ Article.
No. I.

But this shall not be construed to free a person
from the obligation of his own contract on his pre-
tence of changing his religious persuasion after
making the contract.

And whenever a minister is settled by any incor-
porated 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 support of such
minister ; & 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 par-
ish to reside, shall have three months from the time
of their coming of full age, returning into town or
moving in to reside, as aforesaid, respectively, to

Votes
for the
Amend-
ments.

Votes

against

the

Amend' ts.

114

STATE OF NEW HAMPSHIRE.

Votes

for the

against

Amend-

the^

ments.

Amend'ts

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, & 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 contribute towards
the support of a minister who shall change from
the sect or denomination of which he professed to
be when he settled, to any other persuasion, sect
or denomination.

No. 2.

Article 17''% That the word "Assembly" be ex-
punged, & the word " Legislature " inserted.

No. 3.
Article i8"\ That the words " those of," " dye,"
be expunged, & the word " offences " inserted.

No. 4.

Article 19*^. To be expunged & the following sub-
jstituted in lieu thereof: viz.

Every subject hath a right to be secure from all
unreasonable searches & seizures of his person, his
houses, his papers, & all his possessions ; There-
fore all warrants to search suspected places, or ar-
rest a person for examination, or trial in prosecu-
tions for criminal matters, are contrary to this right,
if the cause or foundation of them be not previ-
ously supported by oath or affirmation ; & 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 ;
& no warrants ought to be issued but in cases, &
with the formalities prescribed by law.

No. 5.

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 heretofore otherwise
used and practised, 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 regula-
tions as will prevent parties from having as many
trials by Jury in the same suit or action as hath been

JOURNAL OF CONVENTION. II5

heretofore allowed and practised ; and to extend the civil jurisdiction
of Justices of the Peace to the trial of suits where the sum demanded
in damages doth not exceed four pounds, saving the right of appeal to
either party ; — But no such regulations shall take away the right of a
trial by Jury in any case, not in this article before excepted, unless in
cases respecting mariners wages.

No. 6.

Article 31^*, To be expunged & 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.

No. 7.

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 and character, that there be an impartial
interpretation of the Laws, and administration of Justice ; It is
the right of every citizen to be tried by Judges as impartial as the lot
of humanity will admit. It is therefore not only the best policy, but
for the security of the rights of the people, that the Judges of the
Supreme Judicial 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 ; & that they should have
honorable salaries ascertained and established by standing laws.

Under the head General Court.

No. 8.
The Senate & House shall assemble every year on the last Wednes-
day of Octo"", tS: at such other times as they may Judge necessary &. shall
dissolve and be dissolved seven da^-s next preceding the last Wednes-
day of October, & shall be stiled the General Court of New Hamp-
shire.

No. 9.
No member of the Gen^ Court shall take fees, be of Council, or act
as Advocate, in any cause before either branch of the Legislature ; &
upon due proof thereof such member shall forfeit his seat in the Legis-
lature.

No. 10.

The doors of the galleries of each House of the 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.

SENATE.
No. II.

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 thirteeti members who shall hold their
office for one year from the last Wednesday of October next ensuing
their election.

Il6 STATE OF NEW HAMPSHIRE.

No. 12.

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 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.

No. 13.

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.

No. 14.
The Senate shall be the first branch of the Legislature ; and the Sen-
ators shall be chosen in the following manner, viz : Every male inhabi-
tant of each town & parish with town priviledges, and places unincor-
porated in this State, of twenty-one years 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 & parishes, to be duely warned & holden annually forever
in the month of March, to vote in the town or parish wherein he dwells,
for the Senators in the district whereof he is a member.

No. 15.

Provided nevertheless. That no person shall be capable of being
elected a Senator who is not 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 Inhab-
itant of this State for seven years immediately preceding his election ;
and at the time thereof he shall be an inhabitant of the district for
which he shall be chosen.

No. 16.

And every person qualified as the Constitution provides, shall be
considered an inhabitant for the purpose of electing and being elected
into any office or place within this State, in that town, parish and plan-
tation where he dwelleth and hath his home.

No. 17.
And the inhabitants of plantations and places unincorporated, quali-
fied 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 & places wherein they reside, as the inhabitants of the
respective towns & parishes aforesaid have. And the meetings of such
plantations & places for that purpose, shall be holden annually in the
month of March, at such places respectively therein, as the assessors
thereof shall direct ; which assessors shall have like authority for noti-
fying the electors, collecting & returning the votes, as the Selectmen
&: Town Clerks have in their several towns by this Constitution.

No. 18.
The meetings for the choice of Governor, Counsellors & Senators
shall be warned by warrant from the Selectmen, & governed by a mod-

JOURNAL OF CONVENTION. 11/

erator, 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 & parishes present & qualified to vote for Senators. &
shall in said meetings, in presence of the said selectmen & of the town
Clerk, in said meeting sort and count the said votes & make a public
declaration thereof, with the name of every person voted for, & 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 & 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.

No. 19.
And, that there may be a due meeting of Senators on the last
Wednesday of October annually, the Governor & a majority of the
Council for the time being, shall as soon as may be, examine the re-
turned copies of such records : & fourteen days before the said last
Wednesday of October, he shall issue his summons to such persons as
appear to be chosen Senators by a majority of votes, to attend & take
their seats on that day : Provided nevertheless, that for the first year,
the said returned copies shall be examined by the President & a ma-
jority of the Council then in ofiiice, and the said President shall in like
manner notify the persons elected, to attend and take their seats ac-
cordingly.

No. 20.
And, in case there shall not appear to be a Senator elected by a ma-
jority of votes for any district, the deficiency shall be supplied in the
following manner, viz : The members of the House of Representatives
& such Senators as shall be declared elected, shall take the names of
the two persons having the highest number of votes in the district; &
out of these shall elect by joint ballot, the Senator wanting for such
district ; & in this manner all such vacancies shall be filled up in every
district of the State ; & 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.

No. 21.
The Senate shall be final judges of the elections, returns & qualifica-
tions of their own members as pointed out in this Constitution.

No. 22.
The Senate shall have power to adjourn themselves, provided such
adjournment do not exceed two days at a time ; — Provided fievert/ieless,
That whenever they shall sit on the trial of any impeachment, they may
adjourn to such time & place as they may think proper, although the
Legislature be not assembled on such day or at such place.

No. 23.
The Senate shall appoint their President & other officers, & determine

Il8 STATE OF NEW HAMPSHIRE.

their own rules of proceeding : And not less than seven members of the
Senate shall make a quorum for doing business ; & when less than eight
Senators shall be present, the assent of five at least shall be necessary
to render their acts and proceedings valid.

No. 24.
The Senate shall be a Court with full power & authority to hear, try
& determine all impeachments made by the House of Representatives
against any officer or officers of the State for bribery, corruption, mal-
practice, or mal-administration in office, with full power to issue sum-
mons or compulsory process for convening witnesses before them, with
all necessary powers incident to a Court of trials. But previous to the
trial of any such Impeachment, the members of the Senate shall respec-
tively be sworn, truly & impartially to try & determine the charge in
question according to evidence. And every officer impeached for brib-
ery, corruption, mal-practice or mal-administration in office, shall be
served with an attested copy of the Impeachment & order of Senate
thereon, with such citation as the Senate may direct, setting forth the
time & 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 ; & such
citation being duly served & returned, the Senate may proceed in the
hearing of the Impeachment, giving the person impeached, if he shall
appear, full liberty of producing witnesses & proofs, & of making his
defence by himself & Council, & may also upon his refusing or neglect-
ing to appear, hear the proofs in support of the impeachment, & render
Judgment thereon, — his non-appearance notwithstanding — & such Judg-
ment shall have the same force & effect, as if the person impeached had
appeared & 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 &
punishment, according to the laws of the land. Whenever the Gov-
ernor shall be impeached, the Chief Justice of the Supreme Judicial
Court, shall during the trial preside in the Senate, but have no vote
therein.

Under the head House of Representatives.

No. 25.

That the fifth Paragraph under this head be expunged & the follow-
ing added :

All persons qualified to vote in the election of Senators shall be inti-
tled to vote within the district where they dwell in the choice of Repre-
sentatives. Every member of the House of Representatives shall be
chosen by ballot ; & for two years at least next preceding 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, whereof he is seized
in his own right; & shall be at the time of his election, an inhabitant
of the district he may be chosen to represent, & shall cease to repre-
sent such district immediately on his ceasing to be qualified as aforesaid.

No. 26.

That the sixth article under said head be expunged & the following
added : —

JOURNAL OF CONVENTION. II9

The members of both Houses of the Legislature shall be compensat-
ed for their services out of the Treasury of the State by a Law made for
that purpose ; such member attending seasonably & not departing with-
out license. All intermediate vacancies in the House of Representa-
tives, may be filled up from time to time in the same manner as annual
elections are made.

No. 27.

The House of Representatives shall be judge of the returns, elections,
& qualifications of its members, as pointed out in this Constitution.
That the last paragraph under the head of House of Representatives
be expunged, & the following added ; viz.

No. 28.
The Journals of the proceedings, & all the public acts of both Houses
of the Legislature, shall be printed & published immediately after every
adjournment, or prorogation ; and upon motion made by any one mem-
ber, the yeas and nays upon any question, shall be entered in the Jour-
nals ; 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.

No. 29.

The Governor shall be chosen annually in the month of March, &
the votes for Governor shall be received, counted, sorted, certified &
returned in the same manner as the votes for Senators ; & the Secreta-
ry 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.

No. 30.

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.

No. 31.

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.

No. 32.

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 seven months at any one time, as he may determine the

120 STATE OF NEW HAMPSHIRE.

public good may require, to meet at the place where the Gen^ Court
shall be at that time sitting ; and he shall dissolve the same seven days
before the said last Wednesday of October.

No. 33.
And in case of any infectious distemper prevailing in the place where
the said Court is to convene, or any other cause whereby dangers may
arise to the health or lives of the members from their attendance, the
Governor may direct the session to be holden at some other the most
convenient place within the State.

No. 34.

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 ob-
jections to that house in which it shall have originated, who shall enter
the objections at large on their Journal and proceed to reconsider it.
If after such reconsideration two thirds of that House shall agree to
pass the bill, it shall be sent together with such objections to the other
house, by which it shall likewise be reconsidered ; and if 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 re-
turned by the Governor within five days (Sundays excepted) after it
shall have been presented to him, the same shall be a law, in like man-
ner as if he had signed it, unless the Legislature by their adjournment
prevent its return ; — in which case it shall not be a law.

No. 35.
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.

No. 36.
All Judicial officers, the Attorney General, Solicitors, all Sheriffs,
Coroners, Registers of Probate, & all officers of the Navy, & General
& field officers of the Militia, shall be nominated & appointed by the
Governor & Council ; & every such nomination shall be made at least
three days prior to such appointment ; & 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 & appointment shall be signed by
the Governor or Council ; & every negative shall be also signed by the
Governor or Council who made the same.

No. 37.
The Captains & Subalterns in the respective regiments shall be nomi-
nated by the field officers, & if approved by th.j Governor shall be ap-
pointed by him.

No. 38.

Whenever the Chair of the Governor shall become vacant by reason
of his death, absence from the State or otherwise, the President of the

JOURNAL OF CONVENTION. 121

Senate, shall, during such vacanc}', 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 Sen-
ate.

No. 39.
The several paragraphs under the head "President" in the Consti-
tution, shall be altered by expunging the word *' President," and insert-
ing the word Governor in lieu thereof.

No. 40.
And the second, third, fourth, sixth, ninth, sixteenth, and last para-
graph, under the head " President" in the Constitution, shall be ex-
punged, and be considered as no longer in force.

COUNCIL.

No. 41.

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, 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 last Wednesday of October.

No. 42.
And the person having a majority of votes in any County shall be con-
sidered as duly elected a Councillor : But if no person shall have a ma-
jority 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 Councillor wanted for such County.

No. 43.
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 preceding his election, and at the time of his
election an inhabitant of the County in which he is elected.

No. 44.
The Secretary shall annually, seventeen days before the last Wednes-
day of October, give notice of the choice of the persons elected.

No. 45.
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

122 STATE OF NEW HAMPSHIRE.

Councillor shall refuse to accept the office, or in case of the death, res-
ignation, or removal of any Councillor out of the State, the Governor
may issue a precept for the election of a new Councillor in that County
where such vacancy shall happen, and the choice shall be in the same
manner as before directed. The Governor shall have power and au-
thority 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 accord-
ing to the Law of the land.

No. 46.

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 of the majority, with the
reasons for such opinion.

No. 47.

The Legislature may, if the public good shall hereafter require it, di-
vide the State into five districts as nearly equal as may be, governing
themselves by the number of rateable polls & 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 elec-
tion in Counties.

No. 48,
And whereas the elections appointed to be made by this Constitution
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 Sen-
ate, 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 Coun-
cil.

Under the head Secretary, &c.

No. 49.

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.

No. 50.
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.

No. 51.
That the paragraph under this head in the Constitution be expunged,
and the following substituted in the lieu thereof:

JOURNAL OF CONVENTION. 1 23

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 practised and the laws of the State ; Pro-
vided 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 elect-
ing them.

No. 52.

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 neces-
sary — each district to elect a Register of deeds.

No. 53.

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 shall severally give bond with suffi-
cient sureties in a reasonable sum for the use of the County or District,
for the punctual performance of their respective trusts.

JUDICIARY POWER.

No. 54.

It shall be the duty of the General Court to make a reform in the Judi-
ciary system, that justice may be administered in a more cheap and ex-
peditious manner than is now practised ; and that no party shall have a
review after the cause has been determined against him twice by Jury.

No. 55.

The General Court are hereby empowered to make alterations in the
power and jurisdiction of the Courts of common pleas and General Ses-
sions 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 pow-
ers 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.

No. 56.

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 grant-
ing 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
where substantial justice has not been done (except as before except-
ed) in such manner and under such restrictions and regulations as to
the General Court may appear for the public good ; — Provided, applica-
tion be made for such reviews or trial within one year from the rendi-
tion of judgment.

No. 57.

For the more effectually preserving the proper separation of the three
great powers of Government agreeably to the yj^"^^ 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

124 STATE OF NEW HAMPSHIRE.

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 de-
fined by express laws — and no suit in equity shall be sustained where
clear and adequate remedy may be had at law.

No. 58.
The General Court are empowered to give to justices of the peace
jurisdiction in civil causes when the damages demanded shall not ex-
ceed four pounds, and title of real estate is not concerned ; but with
right of appeal to either party to some other court, so that a trial by
Jury in the last resort may be had.

No. 59.
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 sev-
enty years.

No. 60.
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.

No. 61.

All matters relating to the Probate of Wills and granting letters of
administration, shall be exercised by the Judges of probate in such man-
ner 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 legis-
ture from time to time appoint.

No. 62.

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.

No. 63.
That the paragraph under the head "Clerks of Court'' in the Con-
stitution be expunged, and the following substituted : — viz.

No. 64.
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.

No. 65.
That the paragraph in the Constitution under the head, "Delegates
to Congress," be expunged.

No. 66.
The Oath of allegiance in the Constitution shall be expunged, and
the following shall be substituted in lieu thereof:

JOURNAL OF CONVENTION. 125

I, A. B do solemnly swear that I will bear faith and true al-
legiance to the State of New Hampshire, and will support the Consti-
tution thereof: — So help me God.

No. d"].

Any person having taken and subscribed the oath of allegiance shall
not be obliged to take said oath again.

No. 68.
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 man-
ner as the Legislature shall from time to time appoint.

No. 69.
That the 15*^ paragraph in this Constitution under the head "Oaths &
Subscriptions" &c. be expunged, and the following substituted in lieu
thereof, viz. :

No. 70.

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, includ-
ing Naval officers. Collectors of excise and State and Continental taxes
hereafter appointed, and not having settled their accounts with the re-
spective 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 of the Senate or House of Rep-
resentatives or Council, and the place so vacated shall be filled up. No
m.ember of the Council shall have a seat in the Senate or House of
Representatives.

No. 71.

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 tlie time
when the Amendments and alterations shall take effect, and make the
necessary arrangement accordingly. That the last paragraph in the
Constitution be expunged, and the following substituted in lieu thereof,
viz. :

No. 72.*

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

* This article in its present form was sent out with the revised and amended constitution,
but the original is not found in the MS. Journal. — Ed.

126 STATE OF NEW HAMPSHIRE.

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 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 opin-
ion 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 Con-
stitution, 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 men-
tioned. The delegates to be chosen in the same manner and propor-
tioned as the representatives to the General Court : — Provided^ that no
alterations shall be made in this Constitution, before the same shall be
laid before the towns and unincorporated places, and approved by two
thirds of the qualified voters 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.

NOTE BY THE EDITOR.

[Here follows the amended Constitution, wdth the aforesaid alterations
and amendments incorporated as sent out to the people in February, 1792 ;
but, inasmuch as the several articles in the Bill of Rights (as before
printed — pp. 71-76) were unaltered — except article 6''% with slight
verbal alterations in iS''^ and 19"% and the rejection of the 39*^, — it is
deemed entirely unnecessary to repeat them. In what follows, under
the head of Part II, the alterations and amendments are incorporated.]

part II.

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 Hajiip shire.

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.

JOURNAL OF CONVENTION. 12/

The Senate and House shall assemble every year on the last Wednes-
day of October, and at such other times as they may judge necessary ;
and shall dissolve, and be dissolved, seven days next preceding the said
last Wednesdav of October: and shall be stiled 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 determin-
ing, 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 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 execu-
tion 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 con-
troversy, or depending before them.

And farther, full power and authority are hereby given and granted to
the said General Court, from time to time, to make, ordain, and establish,
all manner of wholesome and reasonable orders, laws, statutes, ordinan-
ces, directions, and instructions, either with penalties or without, so as
the same be not repugnant or contrary to this Constitution, as they may
judge for the benefit and welfare of this State, and 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
ofiicers within this State ; such officers excepted, the election and ap-
pointment of whom are hereafter in this form of government otherwise
provided for ; and to set forth the several duties, powers, and limits, of
the several civil and military officers of this State, and the forms of such
oaths or affirmations as shall be respectively administered unto them,
for the execution of their several offices and places, so as the same be
not repugnant or contrary to this Constitution ; and also to impose fines,
mulcts, imprisonments, and other punishments ; and to impose and
levy proportional and reasonable assessments, rates, and taxes, upon all
the inhabitants of, and residents within, the said State ; and upon all es-
tates within the same ; to be issued and disposed of by warrant, under
the hand of the Governor of this State for the time being, with the ad-
vice 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 practised ; in order that such assessments may be made with
equality, there shall be a valuation of the estates within the State taken
anew once in every five years at least, and as much oftener as the Gen-
eral Court shall order.

No member of the General Court shall take fees, be of counsel, 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.

128 STATE OF NEW HAMPSHIRE.

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.

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.

And that the State may be equally represented in the Senate, the Leg-
islature shall from time to time, divide the State into thirteen 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 public taxes paid by the said districts, 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.

Provided nevertheless. That no person shall be capable of being
elected a Senator, vv'ho is not 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 inhab-
itant of this State for seven years immediately preceding his election,
and at the time thereof he shall be an inhabitant of the district for
which he shall be chosen.

And every person, qualified as the Constitution provides, shall be
considered an inhabitant for the purpose of electing and being elected
into any office or place within this State, in the town, parish, and plan-
tation, where he dwelleth and hath his home.

And the inhabitants of plantations and places unincorporated, quali-
fied 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 asses-
sors thereof shall direct ; which assessors shall have like authority for
notifying the electors, collecting and returning the votes, as the Select-
men and Town Clerks have in their several towns by this Constitution.

The meetings for the choice of Governor, Council, and Senators,
shall be warned by warrant from the Selectmen, and governed by a
Moderator, who shall, in the presence of the Selectmen, (whose duty
it shall be to attend) in open meeting, receive the votes of all the

JOURNAL OF CONVENTION. 1 29

inhabitants of such towns and parishes present, and qualified to vote
for Senators ; and shall, in said meetings, in presence of the said Se-
lectmen 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 super-
scription 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
Sheritf 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.

And that there maybe a due meeting of Senators on the last Wednes-
day 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 Wednes-
day of October, he shall issue his summons to such persons as appear-
to be chosen Senators, by a majority of votes, to attend and take their
seats on that day.

Provided nevertheless. That for the first year the said returned copies
shall be examined by the President, and a majority of the Council then
in office ; and the said President shall, in like manner, notify the per-
sons elected, to attend and take their seats accordingly.

And in case there shall not appear to be a Senator elected, by a ma-
jority of votes for any district, the deficiency shall be supplied in the
following manner, viz. The members of the House of Representatives,
and such Senators as shall be declared elected, shall take the names of
the two persons having the highest number of votes in the district, and
out of 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 Sen-
ate, 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 qual-
ifications, 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 de-
termine their own rules of proceedings : And not less than seven mem-
bers of the Senate shall make a quorum for doing business ; and when
less than eight Senators shall be present, the assent of five, at least,
shall be necessary, to render their acts and 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 Represen-
tatives against any officer or officers of the State, for bribery, corrup-

130 STATE OF NEW HAMPSHIRE.

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 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, 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 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, giving the person im-
peached, if he shall appear, full liberty of producing witnesses and
proofs, and of making his defence, by himself and counsel ; and may
also, upon his refusing or neglecting to appear, hear the proofs in sup-
port of the impeachment, and render judgment thereon, his non-appear-
ance notwithstanding ; and such judgment shall have the same force
and effect as if the person impeached had appeared and pleaded in 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 never-
theless be liable to indictment, trial, judgment, and punishment, ac-
cording 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.

HOUSE OF REPRESENTATIVES.

There shall be, in the Legislature of this State, a representation of
the people, annually elected, and founded upon principles of equality:
And, in order that such representation may be as equal as circum-
stances will admit, every town, parish, or place entitled to town priv-
ileges, having one hundred and fifty rateable male polls, of twenty-one
years of age, and upwards, may elect one Representative ; if four hun-
dred and fifty rateable polls, may elect two Representatives ; and so
proceeding, in that proportion, making three hundred such rateable
polls the mean increasing number, for every additional Representative.

Such towns, parishes, or places, as have less than one hundred and
fifty rateable polls, shall be classed by ihe General Assembly, for the
purpose of choosing a Representative, 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 rateable polls reside ; and afterwards in that which has the
next highest number ; and so on annually, by rotation, through the
several towns, parishes, or places, forming the district.

Whenever any town, parish, or place, entitled to town privileges, as
aforesaid, shall not have one hundred and fifty rateable 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 applica-
tion of a majority of the voters in such town, parish, or place, issue a

JOURNAL OF CONVENTION. I3I

writ for their electing and sending a Representative to the General
Court.

The members of the House of Representatives shall be chosen annu-
ally, in the month of ^Nlarch, and shall be the second branch of the Leg-
islature.

All persons, qualified to vote in the election of Senators, shall be en-
titled to vote, within the district where they dwell, in the choice of Rep-
resentatives. Every member of the House of Representatives shall
be chosen by ballot ; and for two years, at least, next preceding his
election, shall have been an inhabitant of this State ; shall have an es-
tate 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,
whereof he is seized in his own right ; shall be, at the time of his elec-
tion, 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.

The members of both Houses of the Legislature shall be compensat-
ed for their services out of the treasury of the State, by a law made for
that purpose ; such members attending seasonably, and not departing
without licence. All intermediate vacancies, in the House of Repre-
sentatives, may be filled up, from time time, in the same manner as
annual elections are made.

The House of Representatives shall be the Grand Inquest of the
State ; and all impeachments made by them, shall be heard and tried
by the Senate.

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

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

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

No member of the House of Representatives, or Senate, shall be ar-
rested, or held to bail, on mean process, during his going to, returning
from, or attendance upon, the Court.

The House of Representatives shall choose their own Speaker, ap-
point their own officers, and settle the rules of proceedings in their own
House ; and shall be judge of the returns, elections, and qualifications,
of its members, as pointed out in this Constitution. They shall have
authority to punish, by imprisonment, every person who shall be guilty
of disrespect to the House, in its presence, by any disorderly and con-
temptuous behavior, or by threatening, or ill treating, any of Us 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 attendance at any session ; in assaulting or dis-
turbing any one of its officers in the execution of any order or proced-
ure 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, Governor, and Council, shall have the same powers in
like cases ; provided, that no imprisonment by either, for any offence,
exceed ten days.

132 STATE OF NEW HAMPSHIRE.

The journals of the proceedings, and 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 Repre-
sentatives, shall have a right, on motion made at the time for that pur-
pose, to have his protest, or dissent, with the reasons, against any vote,
resolve, or bill, passed, entered on the journals.

EXECUTIVE POWER.

GOVERNOR.

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 Repre-
sentatives, on the last Wednesday of October, to be by them examined ;
and in case of an election by a majority of votes through the State, the
choice shall be by them declared and published.

And the qualitications of electors of the Governor shall be the same
as those for Senators ; and if no person shall have a majority of votes,
the Senate and House of Representatives shall, by joint ballot, elect
one of the two persons having the highest number of votes, who shall
be declared Governor.

And no person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this State for seven
years next preceding, and unless he shall be of the age of thirty years,
and unless he shall, at the same time, have an estate of the value of
five hundred pounds, one half of which shall consist of a freehold, in
his own right, within this State.

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 seven months at any one time, as he may determine the public
good may require, to meet at the place where the General Court shall
be at that time sitting ; and he shall dissolve the same seven days be-
fore the said last Wednesday of October.

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 at-
tendance, 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 ap-
prove, 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 ob-
jections 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 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,

JOURNAL OF CONVENTION. 1 33

and the names of the persons voting for or against the bill, shall be en-
tered 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 adjourn-
ment, 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 ap]Droved 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.

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 da3-s prior to such appointment ; and no appointment shall
take place, unless a majority of the Council agree thereto. The Gov-
ernor 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 by the field officers, and if approved by the Governor, shall
be appointed by him.

Whenever the chair of the Governor shall become vacant, by reason
of his death, absence from the State, or otherwise, the President of
the Senate shall, during such vacancy, have and exercise all the powers
and authorities which, by this Constitution, the Governor is vested
with, v/hen 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 Council, shall have full power and
authority, in the recess of the General Court, to prorogue the same
from time to time, not exceeding seven months, in any one recess of
said Court ; and during the session 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.

134 STATE OF NEW HAMPSHIRE.

every such person or persons, with their ships, arms, ammunition, and
other goods, as shall in a hostile manner invade, or attempt the invad-
ing, conquering, or annoying this State : And in fine, the Governor
hereby is entrusted with all other powers incident to the office of Cap-
tain-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 hereaf-
ter, by virtue of any power by this Constitution granted, or hereafter to
be granted to him by the Legislature, transport any of the inhabitants
of this State, or oblige them to march out of the limits of the same,
without their free and voluntary consent, or the consent of the General
Court, nor grant commissions for exercising the law martial in any case,
without the advice and consent of the Council.

The power of pardoning olTences, except such as persons may be con-
victed of before the Senate, by impeachment of the House, shall be in
the Governor, by and with the advice of the Council : But no charter
of pardon granted by the Governor, with advice of Council, before con-
viction, 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 re-
moved from his office, but by the address of both Houses to the Gov-
ernor, or by fair trial in court-martial, pursuant to the laws of the State
for the time being.

The commanding officers of the regiments shall appoint their 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.

All public boards, the Commissary-General, all superintending officers
of public magazines and stores, belonging to this State, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages,
and small arms, with their accoutrements, and of all other public
property under their care respectively ; distinguishing the quantity and
and kind of each, as particularly as may be; together with the con-
dition of such forts and garrisons : And the commanding officer shall

JOURNAL OF CONVENTION. 1 35

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.

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

Permanent and honorable salaries shall be established by law, for
the Justices of the Superior Court.

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 Sen-
ators, shall, some time in the month of March, give in their votes for
one Councillor; 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 last Wednesday of October.

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 num-
ber of votes in each county, and not elected, and out of those two shall
elect, by joint ballot, the Councillor wanted for such county.

Provided nevertheless^ That no person shall be capable of being
elected a Councillor, who has not an estate of the value of five hundred
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 preceding his election; and, at the time of his election, an
inhabitant of the county in which he is elected.

The Secretary shall, annually, seventeen days before the last Wednes-
day of October, give notice of the choice of the persons elected.

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
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 Gov-
ernor may issue a precept for the election of a new Councillor in that
county where such vacancy shall happen ; and the choice shall be in
the same manner as before directed : And the 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-ad-
ministration.

The resolutions and advice of the Council shall be recorded by the
Secretarv, in a register, and signed by all the members present agree-
ing thereto ; and this record may be called for at any time, by either
House of the Legislature ; and any member of the Council may enter
his opinion contrary to the resolutions of the majority, with the reasons
for such opinion.

136 STATE OF NEW HAMPSHIRE.

The Legislature may, if the public good shall hereafter require it,
divide the State into hve 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 comformable to the present
mode of election in counties.

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 may 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.

SECRETARY, TREASURER, COMMISSARY-GENERAL, &c.

THE Secretary, Treasurer, and Commissary-General shall be chosen
by joint ballot of the Senators and Representatives assembled in one
room .

The records of the State shall be kept in the ofiice of the Secretary,
and he shall attend the Governor and Council, the Senate and Repre-
sentatives, in person, or by Deputy, as they may require.

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.

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.

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 practised, and the laws of the
State.

Provided 7ievertheless, The Legislature shall have authority to alter
the manner of certifying the votes, and the mode of electing those offi-
cers ; but not so as to deprive the people of the right they now have of
electing them.

And the Legislature, on the application of the major part of the in-
habitants of any county, shall have authority to divide the same, into
two districts for registering deeds, if to them it shall appear necessary;
each district to elect a Register of Deeds : And before they enter upon
the business of their offices, shall be respectively sworn faithfully to
discharge the duties thereof, and shall severally give bond, with suffi-
cient sureties, in a reasonable sum, for the use of the county, for the
punctual performance of their respective trusts.

JOURNAL OF CONVENTION. 1 37

JUDICIARY POWER.

It shall be the duty of the General Court to make a reform in the Ju-
diciary System, that justice may be administered in a more cheap and
expeditious manner than is now practised, and that no party shall have
a review after the cause has been determined against him twice by Jury.

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 necessa-
ry 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.

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, de-
fault, nonsuit, or complaint, for affirmation of judgment, in all cases
where 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 review or trial within one year from the rendition of
judgment.

For the more effectually preserving the proper separation of the three
great powers of government, agreeably to the 37''^ 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 de-
fined by express laws : And no suit in equity shall be sustained where
clear and adequate remedy may be had at law.

The General Court are empowered to give to Justices of the Peace,
jurisdiction in civil causes, w^hen the damages demanded shall not ex-
ceed /o?^r ^ou /ids, 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.

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.

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,

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.

No Judge, or Register of Probate, shall be of counsel, act as advo-
cate, or receive any fees as advocate or counsel, in any probate business
which is pending, or may be brought into any Court of Probate in the
county of which he is Judge or Register.

138 STATE OF NEW HAMPSHIRE.

CLERKS OF COURT.

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 counsel, in any cause in
the Court of which he is Clerk, nor shall he draw any writ originating a
civil action.

ENCOURAGEMENT OF LITERATURE, &c.

Knowledge and learning, generally diffused through a community,
being essential to the preservation of a free government ; and spread-
ing the opportunities and advantages of education through the various
parts of the country, being highly conducive to promote this end ; it
shall be the duty of the legislators and magistrates, in all future periods
of this 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, manufactures, and natural history of
the country ; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and (Econ-
omy, honesty and punctuality, sincerity, sobriety, and all social affec-
tions, and generous sentiments, among the people.

OATH and S?(bscriptiofis ; Exxhision from Offices; Coviviissions ;
Wi'its ; Co}iJir7nation of Laws ; Habeas Corpi/s ; tJie Enacting Stile ;
Continuance of Officers ; Provision for a future Revision of the Con-
stitution, &^c.

Any person chosen Governor, Councillor, 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.

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 there-
of. So help me God.

I, A. B., do solemnly and sincerely sw^ar and affirm, that I will faith-
fully 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.

Any person having taken and subscribed the oath of allegiance, and
the same being filed in the Secretary''s office, he shall not be obliged to
take said oath again.

Provided always. When any person chosen or appointed as aforesaid,
shall be of the denomination called Quakers, or shall be scrupulous of
swearing, and shall decline taking the said oaths, such shall take and
subscribe them, omitting the word swear, and likewise the w'ords So
help me God, subjoining instead thereof, TJiis I do under tJie pains and
penalties of perjury.

And the oaths or affirmations shall be taken and subscribed by the
Governor, before the President of the Senate, in presence of both
Houses of the Legislature, and by the Senators and Representatives
first elected under this Constitution, as altered and amended, before the

JOURNxVL OF CONVENTION. 1 39

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.

All commissions shall be in the name of the State of New Hamp-
shire, signed by the Governor, and attested by the Secretary, or his
Deputy, and shall have the great seal of the State affixed thereto.

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 w'hence they issue, and bear test of the chief,
first, or senior Justice of the Court ; but when such Justice shall be
interested, then the writ shall bear test of some other Justice of the
Court, to which the same shall be returnable ; and be signed by the
Clerk of such Court.

All indictments, presentments, and informations, shall 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 man-
ner, as if such persons had died in a natural way. Nor shall any article,
which shall accidentally occasion the death of any person, he 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 approv-
ed, in the Province, Colony or State of New Hampshire, and usually
practised on in the Courts of Law, shall remain and be in full force,
until altered and repealed by the Legislature ; such parts thereof only
excepted, as are repugnant to the rights and liberties contained in this
Constitution : Provided that nothing herein contained, when compared
with the 23d Article in the Bill of Rights, shall be construed to aiTect
the laws already made respecting the persons, or estates, of absentees.

The privilege and benefit of the Habeas Corpus, shall be enjoyed in
this State, in the most free, easy, cheap, expeditious, and ample man-
ner, and shall not be suspended by the Legislature, except upon the
most urgent and pressing occasions, and for a time not exceeding three
months.

The enacting stile in making and passing acts, statutes, and laws,
shall be — Be it enacted by the Senate and House of Representatives, in
General Court convened.

No Governor, or Judge of the Supreme Judicial Court, shall hold
any office or place under the authority of this State, except such as by
this Constitution they are admitted to hold, saving that the Judges of
the said Court may hold the offices of Justice of the Peace throughout
the State ; nor shall they hold any place or office, or receive any pen-
sion 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 Pro-
bate, Sheriff, Register of Deeds ; and never more than two offices of
profit, which may be held by appointment of the Governor, or Gov-
ernor and Council, or Senate and House of Representatives, or Su-
perior or Inferior Courts; military offices, and offices of Justices of the
Peace, excepted.

No person holding the office of Judge of any Court, (except Special
Judges) Secretary, Treasurer of the State, Attorney-General, Commis-

140 STATE OF NEW HAMPSHIRE.

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 officers of the customs, in-
cluding naval officers, Collectors of excise, and State and continental
taxes, hereafter appointed, and not having setded 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 Repre-
sentatives, 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.

No person shall ever be admitted to hold a seat in the legislature, or
any office of trust or importance under this government, who, in the due
course of law, has been convicted of bribery or corruption, in obtain-
ing an election 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 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 alterations and amendments shall take effect, and make
the necessary arrangements accordingly.

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 not other-
wise, 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
meetings, there is a necessity for a revision of the Constitution, it shall
be the duty of the General Court to call a Convention for that purpose,
otherwise the General Court shall direct the sense of the people to be
taken, and then proceed in the manner before mentioned. The delegates
to be chosen in the same manner, and proportioned, as the Representa-
tives to the General Court ; provided that no alterations shall be made
in this Constitution, before the same shall be laid before the towns and
unincorporated places, and approved by two thirds of the qualified vot-
ers present and voting on the subject.

^ And the same method of taking the sense of the people, as to a revi-
sion of the Constitution, and calling a Convention for that purpose, shall
be observed afterwards, at the expiration of every seven years.

This form of government shall be enrolled on parchment, and de-

JOURNAL OF CONVENTION.

141

posited in the Secretary's office, and be a part of the laws of the land;
and printed copies thereof shall be prefixed to the books containing the
laws of this State, in all future editions thereof.

Attest, JOHN CALFE, Secretary.

JOHN PICKERING.

President, P. T.

Wednesday, May 30^^ 1792.

Convention met according to adjournment.

Proceeded to the choice of a Committee for examining the
Returns from the several Towns, and Mr. Calfe, Mr. Plum-
mer & INIr. Thompson were chosen to report on said Re-
turns.

Adjourned to 9 o'clock to-morrow morning.

Thursday May 31^*, 1792.

Convention met according to adjournment. (The Com-
mittee not being ready to report) adjourned to 3 o'clock p. m.
Met accordingly. Adjourned to 9 o'clock to-morrow morn-
ing.

Friday, June i^^ 1792.

Convention met according to adjournment.

The Committee appointed to examine the returns from
the several Towns and report thereon, Reported in the fol-
lowing words, viz.

[p. 133.] "Your Committee have carefully entered and cast all the
votes of the several Towns in this State agreeably to the numbers re-
turned by the respective clerks for and against the amendments to the
Constitution, and find them accepted or rejected as stated in the follow-
ing: list or schedule.

[A two-tliirds vote was necessary
ment. — Ed.]

for the acceptance of an amend-

No. I
2

5
6

7
8

For

994
3760

3567
3336
2511
30S0

1627
4205
4330

2I2<S

Against.

3993 .... Rejected
293. . . .Accepted
462 Do.

594 Do.

1554 .Rejected

969.. . .Accepted
914 Do.

2226 Rejecf^.

219. . . .Accepted
144 Do

1846 Reject^.

12
13

15
16

For
2407
2624

2300

2542

17 2763
2343

2329

2693

22 2946

19
20

Against.

1478 Rejecf^.

1219. . . .Accepted

1 102 Do.

1500 Reject'^

1 1 74 Accepted

1065 AcctP^.

1 541 Reject^

1657 Rejct*^

1191 Reje*^.

1034 Accepted

813 Do.

142

STATE OF NEW HAMPSHIRE.

25
26

27
28
29
30

33
34
35
36
37
38

134.]
41
42

45
46

For
2565
2868
2406

2653
28S3

30S7
2018

2475
2203
1920
2659
2319
2183
2327
2077
2422
2467
2104

22S7

2553
1929
2102
2356
4623
2384

Against.
. 1007. .
. 800 . .
.1255 .
. II20. .

. 489..
. 460.,
.1769.
. I I 63 . .
.1454.
. 161 I .
.1081..
.1258 .

•i33<^-
. 1 196 .
.1558.
.1113..
. 1220..
. 1270 .

•1336.
.1044..

.1584.
.1320.
. II 13..
. 820..
. 1092..

.Accepted
......Do.

.Rejected
.Accepted

Do.

.Rejected
.Accepted
.Rejected
.Rejected
.Accepted
.Rejected
.Rejected
.Rejected
.Rejected

• Accepted
......Do.

.Rejected

.Rejected
.Accepted

• Rejected
.Rejected

• Accepted

Do.

Do-

49
50
51
52
53
54
55
56
57
58

59
60

65
66

67
68
69

For
116^
2748
32S4
2391
2869
3III
2168
1540
2156
1883
2228
2607

3140
2899
3268
2540
2905
2852

3037
3085
2244
2127

2499
3104

3327

Against.

. .1248 Rejected

. . 649.. . .Accepted

.. 3T^ Do.

. • 1019 Do.

. . 714 Do.

. . 426 Do.

. . 1368 . . . .Rejected

. . 191 1 Rejected

. . 1 192 . Rejected

• . 1340 Rejected

. . 1 103 Accepted

. . 912 Do.

. • 499 Do.

. . 450 Do.

. . 294 Do.

. . 404 Do.

.. 439 Do.

. . 302 Do.

. . 300 Do.

• • 205 Do.

. . 907 Do^

.. 682 Do.

.. 867 Do.

. . 226 Do.

.. 187 Do.

John Calfe
Eben'. Thompson
Wm. Plummer.

Voted, that Mr. Plummer, Mr. Thompson, Mr. Jere^' Smith
and Mr. Freeman be a Committee to take under considera-
tion what is necessary to be done by the Convention with
the Constitution, and the Report of the Committee this day
made upon the amendments proposed : and report thereon.

Adjourned to 4 o'clock p. m. Met accordingly.

The Committee not being ready to report, Convention ad-
journed to 8 o'clock to-morrow morning.

Saturday, June 2^\ 1792.

Convention met according to adjournment.

The Committee to take under consideration what is nec-
essary to be done by the Convention with the Constitution
and the Report of the Committee this day made upon the
amendments proposed ; — Reported in the following words,
(viz.)

"Your Committee have carefully compared the several articles of
amendments that are approved of by the people with the Constitution,
and it appears that under the head Senate, the people have directed the

Sign'd

JOURNAL OF CONVENTION. 1 43

Senate to elect their own President, and authorized him to fill the chair
of Governor when vacant, but when he exercises the office of Governor
he shall not hold the office of President of the Senate : That they have
made some additions to the Constitution under this head, but have not
altered the number of Senators or the mode of their election.

"That under the head of Executive Power, the Stile of the Chief
[p. 136.] Magistrate is changed from President to Governor ; That he
is not to preside in the Senate, but by the Constitution is to have a vote
there with any other Senator, and a casting vote in case of a tie.

"That the paragraphs under the head Council in the Constitution are
not expunged, yet several paragraphs of the Amendments are approved
of that seem to recognize the election of Counsellors by the people and
not by the Legislature ; and that the people by a clause agreed upon in
the Exclusion bill, have expressly prohibited the members of the Coun-
cil from having a seat in the Legislature.

"That as to the other Articles of Amendments that are approved of,
it appears that they are not inconsistent with the Constitution, except
such parts of it as are thereby repealed : Your Committee therefore sub-
mit it to the consideration of the Convention, whether it is not neces-
sary that some further articles of amendments respecting the Governor
and Council should be again submitted to the people for their approba-
tion.

Sign"! Wm, Plumer, for the Committee."

[p. 137.] Voted That the Convention Resolve themselves
into a Committee of the whole, to take under consideration
the Report of the Committee last mentioned. The Hon^^^
Timothy Walker Esq^. in the chair.

The Committee of the whole, having taken under consider-
ation the Report of the Select Committee, after debate
thereon came to the following resolution, — (viz.)

Resolved, that it is the opinion of this Committee that
amendments to the Constitution be sent out to the people of
this State for their approbation, — the amendments by the
returns made to this Convention having been found on ex-
amination to be inconsistent with the Constitution and with
each other.

The Committee then rose and the President took the
chair. Report was then made by the Chairman to the Presi-
dent & Convention of the proceedings of the Committee of
the whole : — which report was received and accepted.

Motion was then made to appoint a Committee for the
purpose of draughting such amendments as may be judged
necessary to be sent out to the people ; which motion ob-
tained, and that the s'^ Com^^'^ consist of seven. The ballots
[p. 138.] being taken and counted, Mr. Plummer, Mr. Walker,
Mr. Jere'\ Smith, Mr. Atherton, Mr. Thompson, Mr. New-
comb and Mr. Livermore were appointed the Committee.

Adjourned to Monday next at lO o'clock, a. m.

144 STATE OF NEW HAMPSHIRE.

Monday June 4, 1792.

Convention met according to adjournment.

The Committee appointed on Saturday last, reported
(verbally) that a majority of the Committee were of opinion
that the seeming inconsistency mentioned in the Report of
the Committee of Saturday last, may be fairly reconciled,
and therefore requested to be discharged. Motion being
made and seconded for that purpose, it was put and the
Committee discharged.

Motion was then made that such part of the amendments
as are contained under the head Executive Power, as hereto-
[p. 139.] fore sent out to the people, be again sent out for
their acceptance, or rejection, with the alterations of the last
Wednesday of October to the i^* Wednesday of June — which
motion prevailed.

Adjourned to 3 o'clock, p. m. Met accordingly.

Motion was made that such part of the amendments as
are contained under the head Council, as heretofore sent out
to the people, with the alterations from the last Wednesday
of October to the first Wednesday of June, and adding to
what was then N**. forty-two, the following words : " And the
qualifications for Counsellors shall be the same as for Sena-
tors : " and in the forty-fifth Number, the words, "be thus
chosen a counsellor " to follow the word " person," be
added, and the numbers forty-three and forty-four left out as
rejected by the people — which motion prevailed.

Resolved, That a Committee be chosen to consider what
further amendments to the Constitution are necessary to be
sent out to the people. The Committee appointed are, Mr.
Page (Charlestown) Mr. Hoit, & Mr. Livermore of Ports-
mouth, and that they prepare an address to accompany the
amendments.*

Adjourned to 7 o'clock to-morrow morning.

[p. 140.] Tuesday, June 5^^ 1792.

Convention met according to adjournment.

The Committee appointed to consider what further amend-
ments are necessary to be sent out to the people, reported
in the following words :

"The Committee to whom was referred to consider what further
amendments to the Constitution are necessary to be sent to the People,
&c. Report the following Articles, viz.

*The editor has searched in vain for an address as ordered to be sent out to the people.

JOURNAL OF CONVENTION. 1 45

[p. 142.] 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.

[p. 143.] 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 tow^ns and unin-
corporated places ; and in making this division, they shall govern them-
selves 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.

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 Sen-
ators shall be chosen in the following manner, viz. Every male inhabi-
tant, of each town, and parish with town privileges, and places unincor-
porated, in this State, of twenty-one years of age and upwards, excepting
paupers, and persons excused from paying taxes at their own request,
shall have a right, at the annual or other meetings of the inhabitants of
said towns and parishes, to be duly warned and holden annually forever
in the month of March, to vote in the town or parish wherein he dwells,
for the Senator in the district whereof he is a member,
[p. 144.] 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,
l3*ing within this State, who is not of the age of thirty }-ears, and who
shall not have been an inhabitant of this State for seven years immedi-
ately preceding his election, and at the time thereof he shall be an
inhabitant of the district for which he shall be chosen.

And the inhabitants of plantations and places unincorporated, quali-
fied 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 ot the
respective towns and parishes aforesaid have. And the meetings ot such
plantations and places for that purpose, shall be holden annually in the
[p. 145.] month of March, at such places respectively therein as the as-
sessors 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 Consti-
tution.

The meetings for the choice of Governor, Council, 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
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
10

146 STATE OF NEW HAMPSHIRE.

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
[p. 146.] 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 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 re-
turned copies of such records, and fourteen days before the said 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 per-
sons elected, to attend and take their seats accordingly.

And in case there shall not appear to be a Senator elected, by a ma-
jority of votes, for any district, the deficiency shall be supplied in the
[p. 147.] following manner, viz. The members of the House of Repre-
sentatives, and such Senators as shall be declared elected, shall take
the names of the two persons having the highest number of votes m
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 va-
cancies 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 qualifi-
cations, 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.

The Senate shall appoint their President, and other officers, and deter-
mine their own rules of proceedings : And not less than seven members of
[p. 148.] 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 Representatives
against any officer or officers of the State, for bribery, corruption, mal-
practice, or mal-administration, in office, with full power to issue sum-
mons or compulsory process, for convening witnesses before them : But
previous to the trial of any such impeachment, the members of the

JOURNAL OF CONVENTION. 1 4/

Senate shall respectively be sworn truly and impartially to try and de-
termine the charge in question, according to evidence. And every
officer, impeached for bribery, corruption, mal-practice, or mal-admin-
istration, in office, shall be served with an attested copy of the im-
peachment, 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
[p. 149.] 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 counsel ; and may also, upon his refusing or neglect-
ing to appear, hear the proofs in support of the impeachment, and render
judgment thereon, his non-appearance notwithstanding ; and such judg-
ment shall have the same force and effect as if the person impeached had
appeared and pleaded in 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.

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.

[p. 151.] The Committee find that the following articles of amend-
ments being approved by the people, are so unconnected with other ar-
ticles that there is no necessity for again submitting them to the people
[p. 152.] 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.

The Committee are of opinion that the Articles last mentioned be
printed, that the People may be informed what is already ratified, and
that the amendments now to be sent out be printed with the following
Certificate at the end, viz.

I town clerk of do certify that at a legal

meeting duly warned and held in the town of in the county

of this day of Anno Domini, 1792, for the pur-
pose of considering the foregoing amendments to the Constitution of
the State of New Hampshire, as agreed upon in Convention, that there

[p. 1 53] were voters present who voted for the amendments and

voters present who voted against the amendments.

Attest, Town Clerk,

The Committee are further of opinion that the following Resolve be
printed with the amendments to be sent out, viz.

In Convention held at Concord the last Wednesday of May 1792, by
adjournment :

Whereas upon examining the returns from the several Towns & unin-
corporated places, it appears that under the heads Senate, Governor &
Council many articles are approved by two thirds of the voters, and
many are not approved ; by reason whereof said amendments are ren-
[p. 154.] dered inconsistant &. contradictory, and the Convention not

148 STATE OF NEW HAMPSHIRE.

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 27'^ day of August
next, that the whole may be approved or rejected ; and that return
thereof be made to the Convention on the 5'*^ day of Sept, 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
[p. 155.] of the qualified voters, the last clause in the exclusion bill,
which is in the words following, — "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.

The Committee also report an Article for expunging part of the ex-
clusion bill, which is as follows, viz.

The last clause in the exclusion bill which is in the words following,
viz. " No member of the Council shall have a seat in the Senate or
House of Representatives," shall be expunged,
[p. 156.] All which is respectfully submitted, by

Wm. Page,
for the Committee.

Which report was read and considered, Rec'^ and accepted.

Resolved that a committee be appointed to report to the
Convention, that part of the amendments to be sent out to
the people, under the head Executive, agreeably to the
votes of the Convention.

The Committee, Mr. Plummer, Mr. Smith of Peterboro'
and Mr. Livermore of Portsmouth.

The above named Committee reported in the following
words :

EXECUTIVE POWER.

GOVERNOR.

There shall be a Supreme Executive Magistrate, who shall be stiled
the Governor of the State of New Hampshire, and whose title
shall be his Excellency.

[p. 158.] 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
Representatives, on the first Wednesday of June, to be by them ex-
amined ; and in case of an election by a majority of votes through
the State, the choice shall be by them declared and published.

And the qualifications of electors of the Governor shall be the same
[p. 159.] as those for Senators ; and if no person shall have a majority
of votes, the Senate and House of Representatives shall, by joint ballot,

JOURNAL OF CONVENTION. I49

elect one of the two persons having the highest number of votes, who
shall be declared Governor.

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
[p. 160.] 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 ob-
jections, to that house in which it shall have originated, who shall enter
the objections at large on their Journal, and proceed to reconsider it;
if, after such reconsideration, two thirds of that House shall agree to
pass the bill, it shall be sent, together with such objections, to the other
House, by which it shall likewise be reconsidered, and if 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 re-
turned by the Governor, within five days (Sundays excepted) after it
shall have been presented to him, the same shall be a law% in like man-
ner as if he had signed it, unless the Legislature, by their adjournment,
[p. 161.] 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 eff'ect, 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.

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
recommendation.

150 STATE OF NEW HAMPSHIRE.

[p. 162.] Whenever the chair of the Governor shall become vacant,
by reason of his death, absence from the State, or otherwise, the Presi-
dent 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.

The Governor, with advice of Council, shall have full power and au-
thority, 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 wel-
fare 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,
[p. 163.] instruct, exercise and govern the militia and navy; and for
the special defence and safety of this State, to assemble in martial
array, and put in warlike posture, the inhabitants thereof, and to lead
and conduct them, and with them to encounter, expulse, repel, resist
and pursue by force of arms, as well by sea as by land, within and with-
out the limits of this State ; and also to kill, slay, destroy, if necessary,
and conquer by all fitting ways, 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
[p. 164.] 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 volun-
tary consent, or the consent of the General Court, nor grant commis-
sions 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
charter of pardon granted by the Governor, with advice of Council, be-
fore conviction, shall avail the party pleading the same, notwithstand-
ing 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 re-

JOURNAL OF CONVENTION. I5I

moved from his office, but b}* the address of both Houses to the Gov-
[p. 165.] ernor, or by fair trial in court-martial, pursuant to the laws of
the State for the time being.

The commanding officers of the regiments shall appoint their Adju-
tants and Quarter-Masters ; the Brigadiers, their Brigade-Majors ; the
?>Iajor-Generals, their Aids ; the Captains and Subalterns, their non-
commissioned officers.

The Governor and Council shall appoint all officers of the continental
arm}-, whom, by the confederation of the United States, it is provided
that this State shall appoint ; as also all officers of forts and garrisons.

No monies shall be issued out of the treasury of this State, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for the
time being, by and with the advice and consent of the Council, for the
necessary support and defence of this State, and for the necessary pro-
[p. 166.] tection and preservation of the inhabitants thereof, agreeably
to the acts and resolves of the General Court.

All public boards, the Commissary-General, all superintending officers
of public magazines and stores, belonging to this State, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages,
and small arms, with their accoutrements, and of all other public prop-
erty 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 harbor or harbors 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 honorable salaries shall be established by law, for the
Justices of the Superior Court.

Wm. Plumer

for the Committee.

Which report being read and considered, Voted that it be
received & accepted.

[p. 167.] Voted, that when the foregoing amendments shall
become a part of the Constitution of this State, the several
paragraphs now in the Constitution established 31^' of Octo-
ber 1783, under the several heads, Senate, Executive
Power or President, and under the head Council, be con-
sidered as no longer in force.

Voted, That when the Convention adjourns, that it be to

152 STATE OF NEW HAMPSHIRE.

meet again at Concord on the first Wednesday in Septem-
ber next.

Voted That Mr. Walker, Mr. Tinney & Mr. Calfe be a
Committee to procure 500 copies of the Amendments
agreed on by the Convention, to be sent to the people.

Voted, That the Secretary be desired to make out a copy
of the articles and resolves agreed on to be sent out to the
people as soon as may be, and employ some person to carry
the same to the President for his signature, and to return
the same to the Committee appointed to get the articles
printed.

Adjourned to the first Wednesday in September next,
then to meet at Concord, at 10 o'clock, a. m.

[Note. — Agreeably to the abovesaid votes, the foregoing articles
(taken from printed copy) were sent out to the people, in form as fol-
lows.]

Articles in addition to and amendment of the Con-
stitution OF THE State of New Hampshire, agreed
TO BY the Convention of said State, & submitted

TO THE PEOPLE THEREOF FOR THEIR APPROBATION.

In Convention held at Concord, the last Wednesday of May, 1792,
by adjo2t.?'iunc?it.

Whereas upon examining the retiir7is froui the several toiuns and 7in-
incorporated places, it appears that nnder the heads senate, gov-
ernor and council, inaiiy articles are approved by two thirds of the
voters ; and many are not approved, by reason whereof said amefid-
vients are rendered inconsistant, and contradictory : And the con-
vention not havi?ig 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 con-
vention on the ffth day of Septeinber 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 ratitied by the people.

JOURNAL OF CONVENTION. 153

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 repugnant to
other parts of the constitution — Thei-efore 7'esolved, 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 leg-
islature shall, from time to time, divide the state into twelve districts,
as nearly equal as may be without dividing towns and unincorporated
places ; and in making this division, they shall govern themselves by
the proportion of direct taxes paid by the said districts, 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 sen-
ators shall be chosen in the following manner, viz. Every male inhabi-
tant of each town, and parish with town privileges, and places unin-
corporated, in this state, of twenty-one years of age and upwards, ex-
cepting paupers, and persons excused from paying taxes at their own
request, shall have a right, at the annual or other meetings of the in-
habitants of said tow^ns and parishes, to be duly warned and holden an-
nually forever in the month of March, to vote in the town or parish
wherein he dwells, for the senator in the district whereof he is a mem-
ber.

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 imme-
diately preceding 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 plan-
tation, where he dwelleth and hath his home.

And the inhabitants of plantations and places unincorporated, quali-
fied 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

154 STATE OF NEW HAMPSHIRE.

in the month of March, at such places respectively therein as the asses-
sors thereof shall direct ; which assessors shall have like authority for
notifying the electors, collecting and returning the votes, as the select-
men and town clerks have in their several towns by this constitution.

The meetings for the choice of governor, council, and senators,
shall be warned by warrant from the selectmen, and governed by a
moderator, who shall, in the presence of the selectmen, (whose duty
it shall be to attend) in open meeting, receive the votes of all the
inhabitants of such towns and parishes present, and qualified to vote
for senators ; and shall, in said meetings, in presence of the said se-
lectmen, 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 super-
scription 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 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 maybe a due meeting of senators on the first Wednes-
day 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 sena-
tors, 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 per-
sons elected, to attend and take their seats accordingly.

And in case there shall not appear to be a senator elected, by a ma-
jority of votes, for any district, the deficiency shall be supplied in the
following manner, viz. The members of the house of representatives,
and such senators as shall be declared elected, shall take the names of
the two persons having the highest number of votes in the district, and
out of 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 sen-
ate, 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 qual-
ifications, 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 de-
termine their own rules of proceedings : And not less than seven mem-

JOURNAL OF CONVENTION. 1 55

bers of the senate shall make a quorum for doing business ; and when
less than eight senators shall be present, the assent of five, at least,
shall be necessary, to render their acts and 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 represen-
tatives 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 : But previous to the trial of any such impeachment, the members
of the senate shall respectively be sworn truly and impartiall}- 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 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 pro-
ducing 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 person impeached had appeared
and pleaded in 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 con-
victed, 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 New Hampshire, and whose title
shall be His Excellency.

The Governor shall be chosen annually, in the month of March ;
and the votes for Governor shall be received, sorted, counted, certified
and returned, in the same manner as the votes for senators; and the
secretary shall lay the same before the senate and house of repre-
sentatives, 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.

156

STATE OF NEW HAMPSHIRE.

And no person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this state for seven
years next preceding, and unless he shall be of the age of thirty years,
and unless he shall, at the same time have an estate of the value of
five hundred pounds, one half of which shall consist of a freehold, in
his own right, within this state, and unless he shall be of the protestant
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 at-
tendance, 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 ap-
prove, 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 ob-
jections 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 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 en-
tered 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 adjourn-
ment, prevent its return, in which case it shall not be a law.

Every resolve shall be presented to the governor, and, before the
same shall take effect, shall be approved by him, or being disapproved
by him, shall be repassed by the senate and house of representatives,
according to the rules and limitations prescribed in the case of a bill.

All judicial officers, the attorney-general, solicitors, all sheriffs, coro-
ners, 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 gov-
ernor 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.

WiiExXEVER the chair of the Governor shall become vacant, by reason
of his death, absence from the state, or otherwise, the president of

JOURNAL OF CONVENTION. 15/

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.

The governor, 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 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 com-
mander, or other officer, or officers, from time to time, to train, instruct,
exercise and govern the militia and navy ; and for the special defence
and safety of this state, to assemble in martial array, and put in warlike
posture, {he 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 per-
sons as shall, at any time hereafter, in a hostile manner, attempt or en-
terprize the destruction, invasion, detriment or annoyance of this state ;
and to use and exercise over the army and na\'y, and over the militia in
actual service, the law martial in time of war, invasion, and also in re-
bellion, declared by the legislature to exist, as occasion shall necessa-
rily 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 invad-
ing, conquering or annoying this state ; and in fine, the governor
hereby is entrusted with all other powers incident to the office of cap-
tain-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 hereaf-
ter, by virtue of any power by this constitution granted, or hereafter to
be granted to him by the legislature, transport any of the inhabitants
of this state, or oblige them to march out of the limits of the same,
without their free and voluntary consent, or the consent of the general
court, nor grant commissions for exercising the law martial in any case,
without the advice and consent of the council.

The power of pardoning offences, except such as persons may be con-
victed of before the senate, by impeachment of the house, shall be in
the Governor, by and with the advice of the council : But no charter
of pardon granted by the Governor, with advice of council, before con-
viction, shall avail the party pleading the same, notwithstanding any
general or particular expressions contained therein, descriptive of the
olTence or oflfences intended to be pardoned.

No officer duly commissioned to command in the militia shall be re-
moved from his office, but by the address of both houses to the Gov-
ernor, or by fair trial in court-martial, pursuant to the laws of the State
for the time beins:.

158

STATE OF NEW HAMPSHIRE.

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 considered
as the proper division of the militia of this state, until the same shall
be altered by some future law.

No monies shall be issued out of the treasury of this state, and dis-
posed of, (except such sums as may be appropriated for the redemption
of bills of credit, or Treasurer's notes, or for the payment of interest
arising thereon) but by warrant under the hand of the Governor for
the time being, by and with the advice and consent of the council, for
the necessary support and defence of this state, and for the necessary
protection and preservation of the inhabitants thereof, agreeably to the
acts and resolves of the General Court.

All public boards, the commissary-general, all superintending officers
of public magazines and stores, belonging to this state, and all com-
manding officers of forts and garrisons within the same, shall, once in
every three months, officially, and without requisition, and at other
times when required by the Governor, deliver to him an account of all
goods, stores, provisions, ammunition, cannon, with their appendages
and all small arms, with their 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 con-
dition of such forts and garrisons : and the commanding officer shall
exhibit to the governor, when required by him true and exact plans of
such forts, and of the land and sea, or harbor or harbors adjacent.

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

Permanent and honorable salaries shall be established by law, for
the Justices of the Superior Court.

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 sen-
ators, shall some time in the month of March, give in their votes for
one councillor ; 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 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
rnajority of votes in any county, the senate and house of representa-
tives shall take the names of the two persons who have the highest num-
ber of votes in each county, and not elected, and out of those two shall

JOURNAL OF CONVENTION. I5g

elect by joint ballot, the councillor wanted for such county, and the
qualifications for councillors shall be the same as for senators.

If any person thus chosen a councillor, shall be elected 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 order-
ing 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-ad-
ministration.

The resolutions and advice of the council shall be recorded by the
secretary, in a register, and signed by all the members present agree-
ing thereto ; and this record may be called for at any time, by either
house of the legislature ; and any member of the council may enter
his opinion contrary to the resolutions of the majority, with the reasons
for such opinion.

The legislature may, if the public good shall hereafter require it,
divide the state into five districts, as nearly equal as ma}' 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 comformable 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 sen-
ate, 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 after-
wards, 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, es-
tablished 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.

/ 1 01071 clerk of do certify, that at a legal

vieeting duly wariied and held in the town of zV/ the county of

this day of a)ino doniini 1702, for tJie purpose of

considering the foregoing ainendnioits, to the co/istitution of the state of

New Hampshire, as agreed upon ifi conve7itio7i ; that there were

voters prese7it who voted for the ante7idnients, a7id voters pres-

e7it who voted agai7ist the a7nend}nc}its.

Attest : Town Clerk.

l60 STATE OF NEW HAMPSHIRE.

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. 6^. 64. 65. 66. 67. 68. 69. 70. 71. 72. but that
said articles be printed, that the people may be informed what is al-
ready ratified.

II.

That the word assembly, be expunged, and the word legislature in-
serted.

III.

That the words " ^/toss of'' be expunged, and the word " t(ye " 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 arrest a person
for examination, or trial in prosecutions for criminal matters, are con-
trary to this right if the cause or foundation of them be not previously
supported by oath or affirmation, and if the order in a warrant to a
civil officer to make search in suspected places, or to arrest one or
more suspected persons, or to seize their property, be not accompanied
with a special designation of the persons or objects of search or seiz-
ure ; and no warrant ought to be issued but in case, and with the form-
alities 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 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 security
of the rights of the people, that the judges of the supreme judicial
court should hold their office so long as they behave well ; subject how-
ever 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.

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.

The doors of the galleries of each house of the 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.

JOURNAL OF CONVENTION. l6l

XXVI.

The members of both houses of the legislature shall be compensated
for their services out of the treasury of the state, by a law made for that
purpose, such members attending seasonably, and not departing with-
out 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, elections,
and qualifications of its members ; as pointed out in this constitution.

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 one mem-
ber the yeas and nays upon any question shall be entered on the
journals ; and any member of the senate or house of representatives
shall have a right on motion made at the time for that purpose to have
his protest or dissent with the reasons against any vote, resolve or bill
passed, entered on the journals.

XXXIX.

The several paragraphs under the head President in the 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 an-
other shall be appointed.

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, ac-
cording to the method now practiced, and the laws of the state : pro-
vided nevertheless, the legislature shall have authority to alter the man-
ner of certifying the votes & 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.

1 62 STATE OF NEW HAMPSHIRE.

LIII.

The county treasurer and register of deeds before they enter upon the
business of their offices shall be respectively sworn faithfully to dis-
charge the duties thereof, and severally give bond with sufficient sure-
ties 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 ju-
risdiction in civil causes where the damages demanded shall not exceed
four pounds, and title of real estate is not concerned, but with right of
appeal to either party to some other court, so that a trial by jury in the
last resort may be had.

LIX.

No PERSON shall hold the office of judge of any court, or judge of pro-
bate, 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 requu-e, 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 maybe brought into any court of probate in the county of
which he is judge or register.

LXIII.
That the paragraphs under the head of clerks of courts, in the con-
stitution, be expunged, and the following substituted.

LXIV.

The judges of the courts, those of the probate excepted, shall ap-
point 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.

JOURNAL OF CONVENTION. 1 63

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 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 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 legis-
lature shall from time to time appoint.

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, commissary
general, military officers, receiving pay from the Continent or this state
excepting officers of the militia, occasionally called forth on an emer-
gency. Register of deeds, sheriff or officer of the customs, including
naval officers. Collectors of excise, and state and continental taxes here-
after appointed and not having settled their accounts with the respec-
tive 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.

164 STATE OF NEW HAMPSHIRE.

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 adop-
tion of this constitution, as amended to insert expressly in the warrant,
this purpose among the others, for the meeting, to wit : to take the sense
of the qualified voters on the subject of a revision of the constitution.
And the meeting being warned accordingly and not otherwise, the mod-
erator shall take the sense of the qualified voters present, as to the ne-
cessity 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 direct-
ed to the general court at their then next session. And if it shall
appear to the general court by such returns, that the sense of the people
of the state has been taken and that in the opinion of the majority of
the qualified voters, in the state present, and voting at said meetings,
there is a necessity for a revision of the constitution ; it shall be the
duty of the general court to call a convention for that purpose, other-
wise 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 aftervvards at the expiration of every seven years.

SAMUEL LIVERMORE, President.

Attest : JOHN CALFE, Secretary.

[p. 168.] Wednesday, Sept^ 5^^ 1792.

Convention met according to adjournment.

Voted, That Mr. Newcomb, Mr. Plummer and Mr. Foster
be a Committee to examine the returns from the several
Towns and places in this State, and make report thereon.

Adjourned to 9 o'clock to-morrow morning.

Thursday, Sept^ 6*^ 1792.
Convention met according to adjournment.

The Committee appointed to examine the returns from
the several Towns and places in the State, of the votes for
and against the amendments to the Constitution, Report,

That they find the whole number of votes returned to be three thou-
sand and one hundred — of which, two thousand one hundred and twenty
two are for said Amendments, and nine hundred and seventy eight
against them ; — by which it appears that said Amendments are accepted
by more than two thirds of the voters who voted thereon.

Sign'd Dan^ Newcomb,

for Committee.

Which report was read & considered, rec*^^ and accepted.

JOURNAL OF CONVENTION.

i6s

[p. 169.] The returns from the several Towns in this State
for and against the proposed amendments, were as follows,
(viz.)

COUNTY OF ROCKINGHAM.

Names of Towns.

Allenstown,

Atkinson,

Bow,

Brentwood,

Candia,

Canterbury,

Chester,

Chichester,

Concord,

Deerfield,

East Kingston,

Epping,

Epsom,

Exeter,

Greenland,

Hampstead,

Hampton,

Hawke,

Hampton-Falls,

Kensington,

Kingstown,

Londonderry,

Loudon,

Votes
for.

Ags't.

.50

Names of Towns.

Newington,

New Market,

New Castle,

Newtown,

Northfield,

North Hampton,

North wood,

Nottingham,

Pelham,

[p. 170.] Pembroke,

Plastow,

Poplin,

Portsmouth,

Pittsfield,

Raymond,

Rye,

Salem,

Sandown,

Seabrook,

South Hampton,

Stratham,

Windham,

Votes
for.

22
18

Ags't.

14
O

2
I

33
o

COUNTY OF STRAFFORD.

Barnstead,

Barrington,

Conway,

Dover,

Durham,

Eaton,

Effingham,

Gilmantown,

Lee,

Locations,

S. Stark,

A. Stark,

Hugh Sterling,

Madbury,

Merrideth,

Middletown,

[p. 171.] Moultonboro',

New Durham,

New Durham Gore,

New Hampton,

Ossippee,

Rochester,

Sanbornton,

Sandwich,

Sommers worth,

Tam worth,

Tuftonborough,

Wakefield,

Wolfborough,

16
14

14
30
21

i66

STATE OF NEW HAMPSHIRE.

COUNTY OF HILLSBOROUGH.

Towns.

Amherst,

Andover,

Antrim,

Bedford,

Boscawen,

Bradford,

Campbell's Gore,

Bearing,

Derryfield,

Dunbarton,

Dunstable,

Duxbury,

Fishersfield,

Francestown,

Goffstown,

Hancock,

Hinnekar,

Hillsborough,

Holies,

Hopkintown,

For.

Ags't.

8
34

39
II

5
o

Towns.

[p. 172.] Keasearge Gore,

Litchfield,

Lyndeborough,

Mason,

Merrimac,

New Boston,

New Ipswich,

New London,

Nottingham West,

Peterborough,

Salisbury,

Society Land,

Sutton,

Temple,

Warner,

Weare,

Wilton,

Greenfield,

Sharon,

Raby,

For.

20
31
30

49
I

o
o

Ags t.

I
28
21

14
I
O

Acworth,

Alstead,

Charlestown,

Chesterfield,

Claremont,

Cornish,

Croydon,

Dublin,

Fitz William,

Gilsom,

Hinsdale,

Jaffrey,

[p. 173.] Keene,

Langdon,

Lempster,

Marlborough,

Mario w,

Alexandria,

Bath,

Bridgewater,

Cambridge,

Campton,

COUNTY OF CHESHIRE.

New Grantham,

Newport,

Packersfield,

Plainfield,

Protectworth,

Richmond,

Rindge,

Stoddard,

Surry,

Sullivan,

Swanzey,

Unity,

Walpole,

Washington,

Wendall,

Westmoreland,

Winchester,

Goshen,

-hi

COUNTY OF GRAFTON.

Canaan,

Cardigan [crossed],
Cockburne,
Coleburne,
20 Coventry,

17
17

• • • .

• . • •

JOURNAL OF CONVENTION.
COUNTY OF GRAFTON (Continued).

167

Towns.

Dalton,

Dartmouth,

[p. 174.] Dorchester,

Enfield,

Franconia,

Grafton,

Gunthwait,

Hanover,

Haverhill,

Lancaster,

Landaff,

Lebanon,

Lincoln,

Littleton,

Lyman,

For.

Ags't.

22
54

Towns.

Lyme,

New Holderness,

Northumberland,

Orford,

Piermont,

Plymouth,

Rumney,

Shelburne,

Thornton,

Warren,

Wentworth,

Burton,

Orange,

New Chester,

[Total]

For.

21
6

2>7

Ags't

2122 978

[p. 175.] Voted That Mr. Newcomb, Mr. Plummer & 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.

Adjourned to 3 o'clock, P. M. Met accordingly.

The Committee appointed to report to the Convention a
true copy of the Constitution as revised and agreed to by
the people, reported the following [see p. 169] :

[p. 239.] Which Report [of a true copy of the Constitu-
tion] being read and considered, was received and accepted ;
— and the following vote passed.

[p. 240.] In Convention held at Concord the fifth day of
September Anno Domini 1792, The returns from the sever-
al Towns and unincorporated places being examined, and it
appearing that the foregoing Bill of Rights and form of gov-
ernment as amended by the Convention, were approved by
more than two thirds of the qualified voters present in town
meetings and voting upon the question ; — the same are agreed
071 and established by the Delegates of the people in Conven-
tion, and declared to be the Civil Cojistitntion of the State of
New Hampshire.

[p. 241.] Voted That Mr. Walker and Mr. E. S. Livermore
be a Committee to procure five hundred copies of the Con-
stitution to be printed, and that each member of the Con-

1 68 STATE OF NEW HAMPSHIRE.

vention and of the present Legislature, be furnished with a
copy, and that one copy be sent to each town, and that said
Committee procure the Constitution to be enrolled on Parch-
ment, to be signed by the President of the Convention and
Secretary, and transmitted to the Secretary of the State to
be by him deposited in the Secretary's office.

Voted, That the Secretary be directed to certify to his
Excellency the President of the State, the number of days
that the Rev. Mr. Evans attended the Convention as chap-
lain, and inform him that it is the desire of Convention that
he be compensated therefor out of the Treasury of this
State.

The Convention then dissolved.

THE CONSTITUTION OF

New Hampshire as agreed and amended by a Conven-
tion OF Delegates held at Concord in said State,

AND APPROVED BY THE PEOPLE, AND ESTABLISHED BY

THE Convention on the first Wednesday of Sep-
tember, 1792.

PART FIRST.

BILL OF RIGHTS.

Article I. j^ll men are born equally free and inde-
pendent ; therefore all government of right originates from
the people, is founded in consent, and instituted for the gen-
eral good.

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

III. When men enter into a state of society, they surren-
der up some of their natural rights to that society, in order
to ensure the protection of others ; and without such an
equivalent, the surrender is void.

IV. Among the natural rights, some are in their very na-
ture unalienable ; because no equivalent can be given or re-
ceived for them ; of this kind are the rights of co7iscience.

V. Every individual has a natural and unalienable right
to worship God according to the dictates of his own con-
science and reason ; and no subject shall be hurt, molested,
or restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of his own conscience, or for his religious profes-
sion, sentiments, or persuasion ; provided he doth not dis-
turb the publick peace, or disturb others in their religious
worship.

1^0 STATE OF NEW HAMPSHIRE.

VI. As morality and piety, rightly grounded on evangel-
ical principles, will give the best and greatest security to
government, and will lay, in the hearts of men, the strong-
est obligations to due subjection ; and as the knowledge of
these is most likely to be propagated through a society, by
the institution of the publick worship of the Deity, and of
publick 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 several towns,
parishes, bodies corporate, or religious societies, within this
state, to make adequate provision, at their own expense, for
the support and maintenance of publick Protestant teachers
of piety, religion and morality.

Provided notwithstanding, That the several towns, par-
ishes, bodies corporate, or religious societies, shall at all
times have the exclusive right of electing their own publick
teachers, and of contracting with them for their support and
maintenance. And no person of any one particular relig-
ious sect or denomination, shall ever be compelled to pay
towards the support of the teacher or teachers of another
persuasion, sect or denomination.

And every denomination of christians, demeaning them-
selves quietly, and as good subjects of the state, shall be
equally under the protection of the law : and no subordina-
tion of any one sect or denomination to another, shall ever
be established by law.

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

VII. The people of this state have the sole and exclusive
right of governing themselves as a free, sovereign and inde-
pendent state ; and do, and forever hereafter shall exercise
and enjoy every power, jurisdiction and right, pertaining
thereto, which is not, or may not hereafter be by them ex-
pressly delegated to the United States of America in con-
gress assembled.

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

JOURNAL OF CONVENTION. I7I

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 benefit,
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 publick 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 arbi-
trary power and oppression, is absurd, slavish, and destruc-
tive of the good and happiness of mankind.

XL All elections ought to be free, and every inhabitant of
the state, having the proper qualifications, has equal 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 prop-
erty ; he is therefore bound to contribute his share in the ex-
pense 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 publick uses,
without his own consent, or that of the representative body
of the people. Nor are the inhabitants of this state control-
able by any other laws than those to which they, or their
representative body, have given their consent.

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

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

XV. No subject shall be held to answer for any crime or
offence, until the same is fully and plainly, substantially and
formally described to him ; or be compelled to accuse or fur-
nish evidence against himself. And every subject shall
have a right to produce all proofs that may be favourable to

1/2 STATE OF NEW HAMPSHIRE.

himself ; to meet the witnesses against him, face to face ;
and to be fully heard in his defence, by himself and counsel.
And no subject shall be arrested, imprisoned, despoiled, or
deprived of his property, immunities, or privileges, put out
of the protection of the law, exiled or deprived of his life,
liberty, or estate, but by the judgment of his peers, or the
law of the land.

XVI. No subject shall be liable to be tried, after an ac-
quittal, for the same crime or offence. Nor shall the legis-
lature make any law that shall subject any person to a capi-
tal 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 be tried in any other county than that in
which it is committed ; except in cases of general insurrec-
tion in any particular county, when it shall appear to the
judges of the superior court, that an impartial trial cannot be
had in the county where the offence may be committed, and
upon their report, the legislature shall think proper to direct
the trial in the nearest county in which an impartial trial can
be obtained.

XVIII. All penalties ought to be proportioned to the na-
ture of the offence. No wise legislature will affix the same
punishment to the crimes of theft, forgery and the like,
which they do to those of murder and treason ; where the
same undistinguishing severity is exerted against all offences,
the people are led to forget the real distinction in the
crimes themselves, and to commit the most flagrant with as
little compunction as they do the lightest offences : for the
same reason a multitude of sanguinary laws is both impolitic
and unjust. The true design of all punishments being to re-
form, 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. Therefore, all warrants
to search suspected places, or arrest a person for examina-
tion or trial, in prosecutions for criminal matters, are con-
trary to this right, if the cause or foundation of them be not

JOURNAL OF CONVENTION. 1 73

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 designa-
tion 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.

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 practised, the par-
ties have a right to a trial by jury, and this method of pro-
cedure shall be held sacred, unless, in cases arising on the
high seas and such as relate to mariners' wages, the legis-
lature shall think it necessary hereafter to alter it.

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

XXII. The Liberty of the Press is essential to the
security of freedom in a state: it ought therefore to be in-
violably preserved.

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

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

* Be is omitted in the original.

174 STATE OF NEW HAMPSHIRE.

XXVIII. 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.

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

XXX. The freedom of deliberation, speech and debate,
in either house of the legislature, is so essential to the rights
of the people, that it cannot be the foundation of any action,
complaint, or prosecution, in any other court or place what-
soever.

XXXI. The legislature shall assemble for the redress of
publick grievances, and for making such laws as the publick
good may require.

XXXII. The people have a right in an orderly and peace-
able manner, to assemble and consult upon the common
good, give instructions to their representatives, and to re-
quest of the legislative body, by way of petition or remon-
strance, redress of the wrongs done them, and of the griev-
ances 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.

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 ad-
ministration of justice. It is the right of every citizen to be
tried by judges as impartial as the lot of humanity will admit.
It is therefore not only the best policy, but for the security
of the rights of the people, that the judges of the supreme
judicial court should hold their offices so long as they be-
have well : subject, however, to such limitations on account
of age, as may be provided by the constitution of the state :

JOURNAL OF CONVENTION. 1/5

and that they should have honorable salaries ascertained and
established by standing laws.

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

XXXVII. In the government of this state, the three es-
sential powers thereof, to wit, the legislative, executive and
judicial, ought to be kept as separate from, and independent
of each other, as the nature of a free government will admit,
or as is consistent with that chain of connection that binds
the whole fabric of the constitution in one indissoluble bond
of union and amity.

XXXVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence to
justice, moderation, temperance, industry, frugality, and all
the social virtues, are indispensably necessary to preserve
the blessings of liberty and good government ; the people
ought therefore to have a particular regard to all those prin-
ciples in the choice of their officers and representatives : and
they have a right to require of their law-givers and magis-
trates, 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.

JL HE people inhabiting the territory formerly called the Prov-
ince of New-Hampshire, do hereby solemnly and mutually
agree with each other, to form themselves into a free, sov-
ereign and independent body-politic, or state, by the name
of the State of Nezu-Hainps/iirc.

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.

176 STATE OF NEW HAMPSHIRE.

The senate and house shall assemble every year on the
first Wednesday of June, and at such other times as they
may judge necessary ; and shall dissolve, and be dissolved
seven days next preceding the said first Wednesday of June ;
and shall be stiled tJie General Court of New-HainpsJiire.

The general court shall forever have full power and author-
ity to erect and constitute judicatories, and courts of record,
or other courts, to be holden in the name of the state, for the
hearing, trying and determining all manner of crimes, offen-
ces, 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 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 mat-
ter in controversy, or depending before them.

And further, full power and authority are hereby given
and granted to the said general court, from time to time to
make, ordain and establish, all manner of wholesome and
reasonable orders, laws, statutes, ordinances, directions and
instructions, either with penalties, or without, so as the same
be not repugnant or contrary to this constitution, as they
may judge for the benefit and welfare of this state, and for
the governing and ordering thereof, and of the subjects of
the same, for the necessary support and defence of the gov-
ernment thereof ; and to name and settle annually, or pro-
vide by fixed laws for the naming and settling, all civil officers
within this state ; such officers excepted, the election and ap-
pointment of whom are hereafter in this form of government
otherwise provided for ; and to set forth the several duties,
powers and limits, of the several civil and military officers of
this state, and the forms of such oaths or affirmations as shall
be respectively administered unto them, for the execution of
their several offices and places, so as the same be not repug-
nant 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

JOURNAL OF CONVENTION. 1 7/

within, the said state ; and upon all estates within the same ;
to be issued and disposed of by warrant, under the hand of
the governor of this state for the time being, with the advice
and consent of the council, for the public service, in the nec-
essary 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 publick charges of government, or any part
thereof, shall be assessed on polls and estates in the manner
that has heretofore been practised ; in order that such as-
sessments may be made with equality, there shall be a valu-
ation 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.

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.

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

HOUSE OF REPRESENTATIVES.

There shall be, in the legislature of this state, a represen-
tation of the people, annually elected and founded upon prin-
ciples of equality: and in order that such representation
may be as equal as circumstances will admit, every town,
parish, or place entitled to town privileges, having one hun-
dred and fifty rateable male polls, of twenty-one years of age
and upwards, may elect one representative ; if four hundred
and fifty rateable polls, may elect two representatives ; and
so proceeding in that proportion, making three hundred such
rateable polls the mean increasing number, for every addi-
tional representative.

Such towns, parishes, or places, as have less than one hun-
dred and fifty rateable polls, shall be classed by the general
court for the purpose of choosing a representative, and sea-
sonably notified thereof. And in every class, formed for the
abovementioned purpose, the first annual meeting shall be
12

178 STATE OF NEW HAMPSHIRE.

held in the town, parish, or place, wherein most of the rate-
able polls reside ; and afterwards in that which has the next
highest number ; and so on annually by rotation, through
the several towns, parishes, or places, forming the district.

Whenever any town, parish, or place, entitled to town
privileges as aforesaid, shall not have one hundred and fifty
rateable polls, and be so situated as to render the classing
thereof with any other town, parish or place, very inconven-
ient, the general court 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 senators,
shall be entitled 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 preceding 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 free-
hold, wherof he is seized in his own right ; shall be at the
time of his election an inhabitant of the town, parish or
place he may be chosen to represent, shall be of the protes-
tant religion, and shall cease to represent such town, parish
or place, immediately on his ceasing to be qualified as afore-
said.

The members of both houses of the legislature shall be
compensated for their services out of the treasury of the
state, by a law made for that purpose ; such members attend-
ing 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 inquest
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 representa-
tives ; but the senate may propose, or concur with amend-
ments, as on other bills.

JOURNAL OF CONVENTION. 1 79

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 representa-
tives 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 nec-
essary to render their acts and proceedings valid.

No member of the house of representatives or senate,
shall be arrested or held to bail on mean process, during his
going to, returning from, or attendance upon the court.

The house of representatives shall choose their own
speaker, appoint their own officers, and settle the rules of
proceedings in their own house ; and shall be judge of the
returns, elections, and qualifications of its members, as
pointed out in this constitution. They shall have authority
to punish by imprisonment, every person who shall be guilty
of disrespect to the house in its presence, by any disorderly
and contemptuous behaviour, or by threatening or ill treat-
ing any of its members ; or by obstructing its dehberations ;
every person guilty of a breach of its privileges, in making
arrest for debt, or by assaulting any member during his
attendance at any session ; in assaulting or disturbing any
one of its officers in the execution of any order or procedure
of the house ; in assaulting any witness or other person,
ordered to attend, by, and during his attendance upon* the
house ; or in rescuing any person arrested by order of the
house, knowing them to be such. — The senate, governor and
council, shall have the same powers in like cases : provided,
that no imprisonment by either, for any offence, exceed ten
days.

The journals of the proceedings, and all publick 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 upon the journal : And
any member of the senate or house of representatives, shall
have a right, on motion made at the time for that purpose,
to have his protest or dissent, with the reasons, against any
vote, resolve, or bill passed, entered on the journal.

*In the original it is attendance <y" the house.

l80 STATE OF NEW HAMPSHIRE.

SENATE.

The senate shall consist of twelve members, who shall
hold their office for one year from the first Wednesday of
June next ensuing their election.

And that the state may be equally represented in the
senate, the legislature shall, from time to time, divide the
state into twelve districts, as nearly equal as may be without
dividing towns and unincorporated places ; and in making
this division, they shall govern themselves by the proportion
of direct taxes paid by the said districts, 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 upwards, excepting paupers, and per-
sons excused from paying taxes at their own request, shall
have a right at the annual or other meetings of the inhab-
itants 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
district whereof he is a member.

Provided nevertheless, That no person shall be capable of
being elected a senator, who is not of the protestant religion,
and seized of a freehold estate in his own right, of the value
of two hundred pounds, lying within this state, who is not of
the age of thirty years, and who shall not have been an in-
habitant of this state for seven years immediately preceding
his election, and at the time thereof he shall be an inhabi-
tant 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.

JOURNAL OF CONVENTION. l8l

And the inhabitants of plantations and places unincorpo-
rated, qualified as this constitution provides, who are or shall
be required to assess taxes upon themselves towards the sup-
port of government, or shall be taxed therefor, shall have the
same privilege of voting for senators, in the plantations and
places wherein they reside, as the inhabitants of the respec-
tive 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 re-
spectively therein as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the electors,
collecting and returning the votes, as the selectmen and
town clerk have in their several towns by this constitution.

The meeting for the choice of governor, council, and sen-
ators, 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 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 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 di-
rected 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 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 ma-
jority 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 first Wednesday of June, he shall issue
his summons to such persons as appear to be chosen sena-

1 82 STATE OF NEW HAMPSHIRE.

tors, by a majority of votes, to attend and take their seats on
that day.

Provided nevertheless, That for the first year the said re-
turned copies shall be examined by the president, and a ma-
jority of the council then in office ; and the said president
shall in like manner notify the persons elected, to attend and
take their seats accordingly.

And in case there shall not appear to be a senator elected
by a majority of votes, for any district, the deficiency shall
be supplied in the following manner, viz., the members of the
house of representatives, and such senators as shall be de-
clared elected, shall take the names of the two persons hav-
ing 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 va-
cancies 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 qualifications of their own members, as pointed out in
this constitution.

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

Provided nevertheless, That whenever they shall s