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

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

Ist "The Senate shall choose one of their own members President of the Senate"-which was read and considered, received and accepted.

2d. "The Legislature shall divide the State into twelve districts 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 2a 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.] 18 Yeas, 81 Nays. So it was negatived.

Motion was then made to strike out the word "twelve" and insert the word "thirteen," which passed in the affirmative-and the paragraph thus amended was recd & accepted.

3d "The 2d section under the head of Senate to be expunged" which passed in the affirmative.

4th "Meetings for the choice of Senators to be holden on the 1st 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. 67.] tants of the several towns and places in this State shall give in their votes for Senators at their annual meetings in the month of March.

5th. "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.

6th. "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 adjourned meeting to be elected."

Which 6th 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."

Motion was then made that the remainder of the sixth article reported, be struck out, "and in case &c." and the following 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.

7th "The qualification of a Senator as to estate shall be five hundred pounds," which was debated and motion made that "five hundred" be struck out, and "two hundred" inserted, which passed in the affirmative; and the paragraph accepted with the amendment.

[P. 69.] 8th "Vacancies shall be filled up by the district in which the same may happen in the same manner: the governor appointing the time of holding the meetings:" which was read and considered, recd & accepted.

9th "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 affirmative-where upon Voted that the following form be inserted:

"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."

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 debate 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 5th, 6th, 7th, 8th, 9th, & 10th paragraphs were read and not debated.

The eleventh paragraph was read and after some debate 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 "naval 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.] 15 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.-Marg.

[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, Sept 14, 1791. Met according to adjourn

ment.

The Committee to consider of that article in the Constitution which directs that the Journals of both Houses of the General Court be printed immediately after every adjournment &c. Reported, "That said article ought to be expunged." Upon reading and considering said report, motion 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 proceedings 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 19th 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.) "Therefore 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 19th 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."

Upon reading and considering the foregoing report, motion 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: 38 yeas-64 nays. So it was negatived.

[P. 77.] Adjourned to 9 o'clock to-morrow morning.

Thursday, Sept 15th, 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 Inhabitants of this State qualified to vote for Senators, five Counsellors 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 provided 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 otherwise; and the person having the highest number of votes in each County shall be considered as duly elected a Counsellor Provided he be an Inhabitant of the County for which he is chosen, be of thirty years of age and have an [P. 78.] 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 Secretary shall seventeen days before the first Wednesday in June, give notice of the choice to the persons elected. Provided however, that if any person thus chosen a Counsellor shall also be chosen a member of either branch of the Legislature for the same year and shall accept the trust, his