moved from his office, but by 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 Adjutants and Quarter-Masters; the Brigadiers, their Brigade-Majors; the Major-Generals, their Aids; the Captains and Subalterns, their noncommissioned 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 disposed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the 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 commanding officers of forts and garrisons within the same, shall, once in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages, and small arms, with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity and kind of each, as particularly as may be; together 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 reasonable.

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 31st of October 1783, under the several heads, SENATE, EXECUTIVE POWER OF PRESIDENT, and under the head COUNCIL, be considered as no longer in force.

Voted, That when the Convention adjourns, that it be to

meet again at Concord on the first Wednesday in September 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 follows.]

ARTICLES IN ADDITION TO AND AMENDMENT OF THE CONSTITUTION 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 adjournment.

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

THEREFORE resolved, That articles be again sent out to be laid before the several towns and unincorporated places, on the twenty-seventh day of August next, that the whole may be approved or rejected; and that return thereof be made to the 'convention on the fifth day of September next. And that the articles which have been already approved by more than two thirds of the voters, and not inconsistant or contradictory, be printed, that it may be known what articles have been ratified by the people.

AND whereas, if the articles now sent out are not approved by two thirds of the qualified voters, the last clause in the exclusion bill, which is in the following words, “No member of the council shall have a seat in the senate or house of representatives," will be repugnant to other parts of the constitution-Therefore resolved, That an article be sent out for expunging said clause.

ARTICLE.

"NO MEMBER of the council shall have a seat in the senate or house of representatives" shall be expunged.

SENATE.

THE senate shall consist of twelve members, who shall hold their office for one year from the first Wednesday of June next ensuing their election.

AND that the State may be equally represented in the senate, the legislature shall, from time to time, divide the state into twelve districts, as nearly equal as may be without dividing towns and 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 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.

Provided nevertheless, That no person shall be capable of being elected a senator, who is not of the Protestant religion, and seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this state, who is not of the age of thirty years, and who shall not have been an inhabitant of this state for seven years immediately 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 plantation, where he dwelleth and hath his home.

AND the inhabitants of plantations and places unincorporated, qualified as this constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for senators, in the plantations and places wherein they reside, as the inhabitants of the respective towns and parishes aforesaid have. And the meetings of such plantations and places for that purpose, shall be holden annually

in the month of March, at such places respectively therein as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the selectmen and town clerks have in their several towns by this constitution.

THE meetings for the choice of 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 selectmen, and of the town clerk, in said meeting, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person; And the town clerk shall make a fair record of the same at large, in the town book, and shall make out a fair attested copy thereof, to be by him sealed up and directed to the secretary of the state, with a superscription expressing the purport thereof: And the said town clerk shall cause such attested copy to be delivered to the sheriff of the county in which such town or parish shall lie, thirty days at least before the first Wednesday of June; or to the secretary of the state at least twenty days before the said first Wednesday of June: And the sheriff of each county, or his deputy, shall deliver all such certificates by him received, into the secretary's office, at least twenty days before the first Wednesday of June.

AND that there may be a due meeting of senators on the first Wednesday of June annually, the governor, and a majority of the council for the time being, shall, as soon as may be, examine the returned copies of such records, and fourteen days before the first Wednesday of June, he shall issue his summons to such persons as appear to be chosen senators, by a majority of votes, to attend and take their seats on that day.

Provided nevertheless, That for the first year the said returned copies shall be examined by the president, and a majority of the council then in office; and the said president shall, in like manner, notify the persons elected, to attend and take their seats accordingly.

AND in case there shall not appear to be a senator elected, by a majority of votes, for any district, the deficiency shall be supplied in 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 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 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 representatives against any officer or officers of the state, for bribery, corruption, 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 impartially to try and determine the charge in question, according to evidence. And every officer, impeached for bribery, corruption, mal-practice, or maladministration, in office, shall be served with an attested copy of the impeachment, and order of senate thereon, with such citation as the senate may direct, setting forth the time and place of their 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 producing witnesses and proofs, and of making his defence, by himself and counsel, & may also, upon his refusing or neglecting to appear hear the proofs in support of the impeachment, and render judgment thereon, his non-appearance notwithstanding; and such judgment shall have the same force and effect as if the 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.

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 representatives, 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.