The American herald of liberty — Exeter, N.H., 1793-06-04 00:00:00, page 1

cers, from time to time, to train, in
ftruft, exercise and govern the militia
and navy ; and for the special de
fence and fafety of this State, to as
semble in martial array, and put in
warlikepofturethe inhabitants there
of, 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,with
in & without the limits of this State ;
and also to kill, flay, destroy if ne_
ceffary, and conquer by all fitting
ways, enterprize and means, all and
every such person and persons as (hall
at any time hereafter, in a hostile
manner, attempt or enterprize the
deftrudlion, invasion, detriment of
annoyance of this State ; and to use
and exercise over the army & navy,&
over the militia in a&ual fervict, the
law martial in time of war, invasion,
and also in rebellion, declared by
the Legislature to exist as occasion
shall necessarily require: And fur
prize by all ways and means whatfo
cver, all and every such perlon or per
/ ions, with their (hips, arms,ammuni
tion, and other goods, as (hall 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 Cap
tain General and commander in
chief and admiral, to be exercised a
greeably to the rules and regulations
of the Constitution and the Jaws of
the land ; Provided that the Gov
ernor (hall not at any time hereafter,
by virtue of any power by this Con
stitution granted or hereafter to be
granted to him by the Legiftature,
7 He never the chair of theGover-
Vv nor (hall become vacant, by rea
son of his death,abfence from the State,
or other wife ,the President of the Se
nate shall during such vacancy, have
and exercile all the power and au
thorities which by this Constitution
the Governour is vetted ,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 lame from
time to time, not exceeding ninety
■ days in any one recess of laid Court;
and during the sessions of laid Court,
to adjourn or prorogue it to any
time the two Houfe^may desire,. and
to call it together fooiui to which it
may be adjourned or prorogued,
if the welfare of the State Ihould re
quire rhe fame.
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 himfelf, or by any chief
commander, or other officer or offi-
Volume VIL]
THE
constitution
O F
NEW-HAMPSHIRE.
[continued.]
FORM of GOVERNMENT.
EXECUTIVE POWER.
The American Herald of Liberty.
EXETER (New-Hamf/hire) Printed and Published by Henry Ranlet, in Main-Street' at fix Jhillings and eight fence per annum.
GOVERNOR.
PART 11.
transport any of the inhabitants of
this State, or oblige them to march
out of the limits of the fame, with
out their free and voluntary consent,
or the consent of the General Court,
nor grant commiflions for exercising
the law martial in any case, without
the advice & consent of the Council.
The power of pardoning offencesj
exceptfuch as persons may be con
futed of beforetheSenateby impeach
ment erf 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 conviction,
flail avail the party pleading -the
fame, notwithstanding any general or
particular expreflions contained there
in, descriptive of the offence or offen
ces intended to be pardoned.
No officer duly commiflioned to
command in the militia shall be re
moved from bis office, but by’ the
address of both Houfesto the Gover
nor, or by fair trial in Court Mar
tial, pursuant to the laws of the State
for the time being.
The commanding officers of the re
giments shall appoint their Adjutants
and Quarter-Ma fters ; the Briga
diers, their Brigade Majors ; the Ma
jor-Generals, their Aids ; the Cap
tains and Subalterns, their non
commiflioned officers
Thedivifion of the militia into
brigades, regiments and companies,
made in pursuance of the militia
laws now in force, shall be consider
ed as the proper division of the mil
itia of this State, until the fame shall
be altered by some future law.
No monies shall be issued out of
the treasury of this State and dispo
sed of (except such sums as may be
appropriated for the redemtion 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 necef
ary support and defence of this State,
and for the neceflary protection and
preservation of the inhabitants there
of, agreeably to the aCtsand resolves
of the General Court.
AH public boards, the Com miliary
General, all superintending officers
of public magazines and stores be
longing to this State, and all com
manding officers of forts and garri
sons within the fame, shall once in ev
ery, three months, officially and with
out requisition, and at other times
when required by the Governor, de
liver to him an account of all gobds,
stores, provisions, ammunition, can
non, with their appendages, and
all small arms with their accout
rements, and of all other public pro
perty under their care refpeCfively ;
distinguishing the quantity and kind
of each, as particularly as may be ;
together with the condition of such
forts and garrisons ; and the com
manding officer Ihall exhibit to the
Governor, when required by him true
and exaCt plans of such forts, and of
the land and sea, or harbour or har
bours adjacent;
The Governor and Council shall
be compcnfawd for their fepnees,
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
Jufticesof the Superior Courts
TUESDAY, June 4, 1793.
c o u n c 1 L,.
THERE shall be annually eleded
by ballot five Counfellors, for advis
ing the Governor in the executive
part of government. The freehold
ers and other inhabitants in each
county, qualified to vote for Sena
tors, shall some time in thelnonth of
March, give in their votes for one
Counfeßer ; which votes shall be re
ceived, forced, counted* certified and
returned to the Secretary’s office, in
the fame manner as the votes for
Senators, to be by the Secretary, laid
before the Senate and House of Rep
resentatives 04 the firft Wednesday
of June.
And the ptrfon having a major
ity of votes in any county, (hall be
considered as duly elected a Coun
fellor : But if n!) person shall have a
majority of votjs m any county, the
Senate and Hoife of Keprefentatives
shall take the Hames of the two per
lons who have (he highett number of
votes in each county,and not eleded,
and out of those two, shall eled by
joint ballot, ths Counlellor wanted
tor such countf,and the qualifications
for Counfellori shall be the fame as
for Senators.
If anv perbn thus chosen a Coun
fellor, shall be eleded Governor or
member of ether branch of the Le
gislature, and shall accept the trust ;
or if any person eleded a Counfelior
shall refufe to accept the office; or
in case of the death,or resignation, or
removal of any Counfelior out of the
State ; the Governor may issue a
precept tor the election of a new
Counfelior in that county where such
vacancy (hall happen; and the choice
shall be in the Jame manner as before
diredcd ; And the Governor shall
have fall power and authority to
conveae the Council, from time to
time,a: his discretion ; and with them
or the majority of them, may and
shall from time to time hold a coun
cil fpr 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 tri
ed by the Senate, for bribery, cor
ruption, mal practice, or mal-admi
niftration.
The resolutions and advice of the
Council shall be recorded by the Se
cretary in a register,& fignedby all the
members present agreeing thereto ;
and this record may be called for at
any time by either House of the Le
.giflature ; and any member of the
Council may enter his opinion con
trary to the resolutions of the ma
jority with the reasons for such opin
ion.
The Legislature may, if the pub*
Jie good shall hereafter require it, di
vide the State into five diftrids, as
nearly equal as may be, governing
themselves by the number of rateable
polls, and proportion of public tax
es,each diftrid: to cleft a Counfelior :
And in case of such divifion,the. man
ner of the choice shall be conforma
ble to the present mode of eledion in
counties.
> And whereas the eleftions appoin
ted to be made by this Constitution
on the firft Wednesday of June an
nually by the two Houses of the Le
gislature, may not be completed on
that day, the laid eleftions may be
adjourned from day to day, until the
fame be completed; and the order
of the cleflions shall be as follows :
COUNCIL.
JUDICIARY POWER.
THE tenure that all commissioned
officers shall have by law in their of
fices, fball be expressed in their re
fpe&ive commiffions*—all judicial
officers, duly appointed, commission
ed and sworn, (hail hold their offices
during good behaviour, excepting
those concerning whom there is a
different provision made in this Con
stitution > Provided never tbelefs T the
Governor, with consent of Council® - .
may remove them, upon the addreis
of both Houses of the Legifiature*
Each branch of thfe Legislature, as
well as the Governor and Council®
fball have authority to require the
opinions of the Justices of the Sup
erior Court, upon important ques
tions of law and upon solemn occa
sions, {To be continued.)
. ' ■ ; : -V/ y■- 1 jo
'■ ‘ Ie
THE County Treasurers and Re*
gifters of Deeds, shall be elected by
the inhabitants of the several towns,
in the several counties in the State*
according to the method now pradti
fed, and the laws of the State.
Providednevertheleft. The Legifla*
ture 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 eleding
them.
And the Legislature, on the appli
cation of the major part of the in
habitants of any county, (hall have
authority to divide the fame into two
diftrids for registering deeds, if to
them it shall appear necessary * each
diftrid tb ele€t a Register of Deeds i
And before they enter upon the bu
siness of their offices, shall be respec
tively sworn faithfully to difeharge
the duties thereof, and shall several
ly give bond, with fufficienc sureties,
in a reasonable sum, for the use of the
county,for the pundual performance
of their refpedive trusts.
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 (hall be
kept in the office of the Secretary,
and he shall attend the Governor &
Council, the Senate, and Repretent
atives,in perlon 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 conduft
in office he (hall be responsible: And
in case of the death, removal, or in
ability, of the Secretary, his Deputy
fliall exercise all the duties of the of
fice of Secretary of this State,until a
nother shall be appointed.
The Secretary oefore he enters up
on the business of his office, (hall
give bond with fufficienc sureties, in a
reasonable sum, for the use of the
State, for the punftual performance
of his trust.
COUNTY-TREASURER, &c.
The vacancies in the Senate (if any)
shall be firft filled up : The Gover
nor shall then be elected, provided
there (hall be no choice of him by
the people: And afterwards the two
Houses (hall proceed to fill up the
vacancy (if any) in the CounciL
[Numb. 48
;^<xx
>W< %^