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sit down until the question is determined, whether he is in order or not, which shall be decided without debate, but the member may explain.
14th. The yeas & nays if called for by any one member shall be entered on the Journal upon any proposition moved to be sent out to the people as an amendment or alteration to the Constitution; and each member present, and having heard the debates upon the particular question shall give his yea or nay except excused by a vote of the Convention : (p. 43.)—and in the same manner may the yeas and nays be taken and entered on the Journal upon all the amendments collectively agreed to by the Convention to be sent out to the people.
15th. Every question being put by the President shall be taken to be in the affirmative unless disputed by a member, on which case, the members shall be counted, beginning with those in the affirmative standing up, and then those in the negative the same; and every member having heard the debates shall vote upon the question, except excused by a vote of the Convention.
16th. No person except a member or an officer of this Convention shall be allowed to come within the Bar of the House, (1) except such public characters as the President may invite, for whom particular seats shall be assigned.
17th. That it be a rule in conducting business that in any stage of a Question a motion to postpone a further consideration of any matter in debate, be considered as in order, and the main question left open for future discussion. (pp. 39-40, 42.)
It was then voted “ that the Constitution be read by sections or articles, in order that any member may offer his sentiments relative to any defects therein and propose such alterations as he may think necessary."
Eight days later it was voted :
" That Mr. Peabody, Mr. Plumer, Mr. Hoit, Mr. Smith (Meredith), Mr. Wallace, Mr. Atherton, Mr. Page (Charlestown), Mr. Kingsbury, Mr. Payne & Mr. Freeman, be a committee to take into consideration the Constitution and the Resolutions passed at this session, and the several motions for alterations that have not been acted upon, and prepare and report to the Convention at the adjournment, alterations and amendments to be submitted to the people.”
On the same date, September 16, the Convention adjourned until the second Wednesday of February, 1792, then to meet at Concord. (p. 57.)
Pursuant to adjournment the Convention reassembled at Concord, February 8, 1792. In the absence of the president John Pickering was elected president pro tem.
The Committee chosen in September last to take into consideration the Constitution and the Resolutions passed at that session and the several motions for alterations, reported their opinions as to alterations and their reasons therefor; also the Constitution with the proposed alterations incorporated. (p. 63.)
On February 24, 1792, this report having been amended and adopted, it was voted to submit to the legal voters of the State at elections to be held on the 7th of May, 1792, the proposed amendments to the Constitution in the form of seventy-two (72) questions, to be voted upon separately. (p. 112.)
The text of these amendments, together with the vote, is given on pages 147+.
On the same day the Convention adjourned to Wednesday, May 30th, then to meet at Concord.
Pursuant to adjournment the Convention reassembled at Concord, May 30, 1792.
A committee appointed to canvass the votes cast on the proposed amendments to the Constitution reported to the Convention that forty-six (46) had been adopted and twenty-six (26) rejected. The fact that amendments had been rejected upon which some of those adopted depended made further changes imperative. On Monday, June 4th, it was voted, " That a Commit
, tee be chosen to consider what further amendments to the Constitution are necessary to be sent out to the people. The Committee appointed were Mr. Page (Charlestown), Mr. Hoit & Mr. Livermore of Portsmouth, and that they prepare an address to accompany the amendments.” (p.144.)
. (The editor of Province and State Papers, Vol. X, has searched in vain for an address as ordered to be sent out to the people.) (p. 144.)
This Committee reported on the following day a new draft of parts of the Constitution embodying the changes necessary to make a consistent whole. Their report was accepted by the Convention, and it was voted to submit the new amendments to the legal voters on August 27, 1792, to be voted upon en bloc.
The text of the amendments, together with the vote on them, is given on pages 171+:
On June 5th the Convention adjourned to the first Wednesday of September, 1792.
The Convention reassembled on September 5, 1792, when a canvass of the votes showed that the last amendments to the Constitution had been ratified.
“Voted that Mr. Newcomb, Mr. Plumer, & Mr. E. S. Livermore, be a Committee to report to the Convention a true copy of the Constitution as revised and agreed to by the people.” (p. 167.)
This Committee reported as follows:
“ In Convention held at Concord the fifth day of September, Anno Domini 1792, the returns from the several towns and incorporated places being examined, and it appearing that the foregoing Bill of Rights and form of government as amended by the Convention, were approved by more than two-thirds of the qualified voters present in town meetings and voting upon the question ;—the same are agreed on and established by the Delegates of the people in Convention, and declared to be the Civil Constitution of the State of New Hampshire.” (p. 167.)
The Convention then dissolved, just one year lacking two days from the date of their first assembling.
Because of the large number of changes made in the Constitution by this Convention it has been popularly known as the “Constitution of 1792." But it will be seen from the seventy-two (72) amendments that they are in no sense a new Constitution. Judge Allen, in State v. Saunders, says, “ . The Constitution of 1792' is a misnomer. In article 20, of the Bill of Rights, and in article 89 of the second part of the Constitution heretofore' means before 1784." (N. H. Reports, Vol. 66, p. 72.)
The Journal of the Convention of 1791-2 has been printed in Vol. X, of the Province and State Papers, pp. 1-196.