from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
NEW HAMPSHIRE. The name of one of the original states of the United States
of America. During its provincial state, New Hampshire was governed, down to
the period of the Revolution, by the authority of royal commissions. Its
general assembly enacted the laws necessary for its welfare, in the manner
provided for by the commission under which they then acted. 1 Story on the
Const. Book, 1, c. 5, Sec. 78 to 81.
2. The constitution of this state was altered and amended by a
convention of delegates, held at Concord, in the said state, by adjournment,
on the second Wednesday of February, 1792.
3. The powers of the government are divided into three branches, the
legislative, the executive, and the judicial.
4.-1st. The supreme legislative power is vested in the senate and
house of representatives, each of which bas a negative on the other.
5. The senate and house are required to assemble on the first Wednesday
in June, and at such times as they may judge necessary and are declared to
be dissolved seven days next preceding the first Wednesday in June. They are
styled The General Court of New Hampshire.
6.-1. The senate. It will be considered with reference to the
qualifications of the electors the qualifications of the members; the number
of members; the duration of their office; and the time and place of their
election.
7.-1. 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, have a right at the annual or other town 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 senators of the county or district whereof be is
a member.
8.-2. No person shall be capable of being elected a senator, who is
not seised 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 a the time thereof he shall be
an inhabitant of the district for which he shall be chosen.
9.-3. The senate is to consist of twelve members.
10.-4. The senators are to hold their offices from the first Wednesday
in June next ensuing their election.
5. The senators are elected by the electors in the month of March.
11.-2. The house of representatives will be considered in relation to
its constitution, under the same divisions which have been made in relation
to the senate.
12.-1. The electors are the same who vote for senators.
13.-2. 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 freehold, whereof he is seised in his own right; shall
be, at the time of his election, 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.
14.-3. 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, having 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 male polls, may elect two representatives; and so, proceeding
in that proportion, make three hundred such rateable polls, the mean of
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 the 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 application of a
majority of the voters of such town, parish, or place, issue a writ for
their selecting and sending, a representative to the general court.
15.-4. The members are to be chosen annually.
16.-5. The election is to be in the month of March.
17.-2. The executive power consists of a governor and a council.
18.-1. Of the governor. 1. The qualifications of electors of governor,
are the same as those of senators.
19.-2. The governor, at the time of his election, must have been an
inhabitant of this state for the seven years next preceding, be of the age
of thirty years, and have an estate of the value of five hundred pounds,
one-half of which must consist of a freehold in his own right, within the
state.
20.-3. He is elected annually.
21.-4. The election is in the month of March.
22.-5. His general powers and duties are as follows, namely 1. In case
of any infectious distemper prevailing in the place where the general 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. 2. He is invested with the
veto power. 3. He is commander-in-chief of the army and navy, and is
invested with power on this subject very minutely described in the
constitution as follows, namely: The governor of the state for the time being
shall be commander-in-chief of the army and navy, and all the military
forces of this 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, 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 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, enterprise and means, all and every such person and persons as
shall at any time hereafter in a hostile manner attempt or enterprise 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 shill necessarily require. And surprise,
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 is hereby 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 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.
23. 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.
24.-2. The council. 1. This body is elected by the freeholders and
other inhabitants qualified to vote for senators. 2. No person shall be
capable of being elected a councilor 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 in 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. 3. The council consists of
five members. 4. They are elected annually. 5. The election is in the month
of March. 6. Their principal duty is to advise the governor.
25.-3. The governor and council jointly. Their principal, powers and
duties are as follows: 1. They may adjourn the general court not exceeding
ninety days at one time, when the two houses cannot agree as to the time of
adjournment. 2. They are required to appoint 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;
in these cases the governor and council have a negative on each other. 3.
They have the power of pardoning offences, after conviction, except in cases
of impeachment.
26.-2d. The judicial power is distributed as follows:
The tenure that all commissioned officers shall have by law in their
offices, shall be expressed in their respective commissions all judicial
officers, duly appointed, commissioned and sworn, shall hold. their offices
during good behaviour, excepting those concerning whom there is a different
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.
27. Each branch of the legislature, as well as the governor and council,
shall have authority to require the opinions of the justices of the superior
court, upon important questions of law, and upon solemn occasions.
28. In order that the people play not suffer from the long continuance
in, place of any justice of the peace, who shall fail in discharging the
important duties of his office with ability and fidelity, all commissions of
justices of the peace shall become void at the expiration of five years from
their respective dates; and upon the expiration of any commission, the same
may, if necessary, be renewed, or another person appointed, as shall most
conduce to the well being of the state.
29. All causes of marriage, divorce, and alimony, and all appeals from
the respective judges of probate, shall be heard and tried by the superior
court until the legislature shall by law make other provision.
30. The general court are empowered to give to justices of the peace
jurisdiction in civil causes, when 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.
31. No person shall hold the office of a judge in any court, or judge of
probate, or sheriff of any county, after he has attained the age of seventy
years.
32. 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.
33. 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.
34. 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.