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 returned 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 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 [P. 147.] 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 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, provided such adjournment do not exceed two days at a time.

Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the Legislature be not assembled on such day, or at such place.

The Senate shall appoint their President, and other officers, and determine their own rules of proceedings: And not less than seven members of [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, malpractice, or mal-administration, in office, with full power to issue summons or compulsory process, for convening witnesses before them: But previous to the trial of any such impeachment, the members of the

Senate shall respectively be sworn truly and impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, mal-practice, or mal-administration, in office, shall be served with an attested copy of the impeachment, and order of Senate thereon, with such citation as the Senate may direct, setting forth the time and place of their sitting to try the impeachment; which service shall be made by the sheriff, or such other sworn officer as the Senate may appoint, at least fourteen [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 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 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 amendments being approved by the people, are so unconnected with other articles 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

meeting duly warned and held in the town of of

this day of

do certify that at a legal in the county Anno Domini, 1792, for the purpose of considering the foregoing amendments to the Constitution of the State of New Hampshire, as agreed upon in Convention, that there [P. 153] 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 & unincorporated 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

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 27th day of August next, that the whole may be approved or rejected; and that return thereof be made to the Convention on the 5th 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 repugnant 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 exclusion 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, Recd 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 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 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,

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, 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 [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 objections, to that house in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it; if, after such reconsideration, two thirds of that House shall agree to pass the bill, it shall be sent, together with such objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons, voting for or against the bill, shall be entered on the Journal of each house respectively. If any bill shall not be returned by the Governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Legislature, by their adjournment, [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 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, 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.

[P. 162.] 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, 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 prorogue it to any time the two Houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the State should require the same.

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 without the limits of this State; and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment or annoyance of this State; and to use and exercise over the army and navy, and over the militia in actual service, the law-martial in time of war, invasion, and also in rebellion, declared by the Legislature to exist, as occasion shall necessarily require: And surprize, by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this State: And in fine, the Governor hereby is entrusted with all other powers incident to the office of Captain-General and Commander in Chief, and Admiral, to be exercised agreeably to the rules and regulations of the [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 voluntary consent, or the consent of the General Court, nor grant commissions for exercising the law martial in any case, without the advice and consent of the Council.

The power of pardoning offences, except such as persons may be convicted of before the Senate, by impeachment of the House, shall be in the Governor, by and with the advice of the Council: But no charter of pardon granted by the Governor, with advice of Council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

No officer duly commissioned to command in the militia shall be re