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There shall be annually elected, by ballot, five councillors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall some time in the month of March, give in their votes for one councillor; which votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the senate and house of representatives on the first Wednesday of June.
And the person having a majority of votes in any county, shall be considered as duly elected a councillor: But if no person shall have a majority of votes in any county, the senate and house of representatives shall take the names of the two persons who have the highest number of votes in each county, and not elected, and out of those two shall elect by joint ballot, the councillor wanted for such county, and the qualifications for councillors shall be the same as for senators.
If any person thus chosen a councillor, shall be elected governor or member of either branch of the legislature, & shall accept the trust: or if any person elected a councillor, shall refuse to accept the office; or in case of the death, resignation, or removal of any councillor out of the state: the Governor may issue a precept for the election of a new councillor in that county where such vacancy shall happen; and the choice shall be in the same manner as before directed: And the Governor shall have full power and authority to convene the council, from time to time, at his discretion ; and, with them, or the majority of them, may, and shall, from time to time, hold a council, for ordering and directing the affairs of the state, according to the laws of the land.
The members of the council may be impeached by the house, and tried by the senate, for bribery, corruption, mal-practice, or maladministration.
The resolutions and advice of the council shall be recorded by the secretary, in a register, and signed by all the members present agreeing thereto; and this record may be called for at any time, by either house of the legislature; and any member of the council may enter his opinion contrary to the resolutions of the majority, with the reasons for such opinion.
The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of rateable polls, and proportion of public taxes; each district to elect a councillor: And, in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.
And whereas the elections, appointed to be made by this constitution, on the first Wednesday of June annually by the two houses of the legislature, may not be completed on that day, the said elections may be adjourned from day to day, until the same be completed : and the order of the elections shall be as follows--the vacancies in the senate, if any, shall be first filled up: the Governor shall then be elected, provided there shall be no choice of him by the people: And afterwards, the two houses shall proceed to fill up the vacancy, if any, in the council.
When the foregoing amendments shall be me a part of the constitution of this state the several paragraphs now in the constitution established the thirty-first day of October 1783, under the several heads senate executive power, or president; and under the head council, be considered as no longer in force.
In convention, voted, that the amendments now to be sent out, be printed with the following certificate at the end, viz.
I, John Philpot, town clerk of Somersworth, do certify, that at a legal meeting duly warned and held in the town of Somersworth, in the county of Strafford, this 27th day of August, 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 were 14 voters present who voted for the amendments, and i voter present who voted against the amendments. Attest:
John Philpot, Town Clerk.
In convention resolved, 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, 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. but that said articles be printed, that the people may be informed what is already ratified.
II. That the word assembly, be expunged, and the word legislature inserted.
dye" be expunged, and the word " offences" inserted.
Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers and all his possessions therefore all warrants to search suspected places, or arrest a person for examination, or trial in prosecutions for criminal matters, are contrary to this right if the cause or foundation of them be not previously supported by oath or affirmation, and if the order in a warrant to a civil officer to make search of suspected places, or 10 arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search or seizure; and no warrant ought to be issued but in case, and with the formalities prescribed by law.
The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require.
It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit, it is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; subject however to such limitations on account of age as may be provided by the constitution of the state, and that they should have honorable salaries ascertained and established by standing laws.
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.
The doors of the galleries of each house of the legislature, shall be kept open to all persons who behave decently, except when the welfare of the state in the opinion of either branch shall require secrecy.
The members of both houses of the legislature shall be compensated for their services out of the treasury of the state, by a law made for that purpose, such members attending seasonably, and not departing without licence.
All intermediate vacancies in the house of representatives may be filled up from time to time, as the annual elections are made.
The house of representatives shall be judge of the returns, elections, and qualifications of its members; as pointed out in this constitution.
The journals of the proceedings, and all public acts of both houses of the legislature shall be printed and published immediately after every adjournment or prorogation: And upon motion made by any one member the yeas and nays upon any question shall be entered on the journals; and any member of the senate or house of representatives shall have a right on motion made at the time for that purpose to have his protest or dissent with the reasons against any vote, resolve or bill passed, entered on the journals.
The several paragraphs under the head President in the constitution shall be altered by expunging the word President, and inserting the word Governor in lieu thereof.
The Secretary of the State shall at all times have a deputy to be by him appointed, for whose conduct in office he shall be responsible, and in case of death, removal or inability of the Secretary, his deputy shall exercise all the duties of the office of Secretary of this state, until another shall be appointed.
The Secretary before he enters upon the business of his office, shall give bond with sufficient sureties in a reasonable sum, for the use of the state, for the punctual performance of his trust.
The county treasurer and register of deeds shall be elected by the inhabitants of the several towns in the several counties in the state, according to the method now practiced ; and the laws of the state, provide nevertheless, the legislature shall have authority to alter the manner of certifying the votes & the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them.
And the legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds if to them it shall appear necessary, each district to elect a register of deeds.