call forth the militia and to put in warlike posture the inhabitants of the State; to execute the laws of the State and of the United States; to suppress insurrection and to repel invasion; 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 Legislature, nor grant commissions for exercising the law martial in any case, without the advice and consent of the Senate." Art. 58. Strike out the word, 66 66 Council" and insert in lieu thereof the words, Lieutenant Governor." Art. 84. Strike out the word, "Councillor" and insert in lieu thereof the words, "Lieutenant Governor." Art. 85. Insert after the word "governor" the words, " and lieutenant Governor." After Art. 87" insert the following: "Art. 88. The Governor, upon address of both Houses of the Legislature, except where a different mode of removal is provided, may remove any of the foregoing officers for incapacity or malversation in office." Art. 93. Insert after the word "Governor" the words "Lieutenant Governor." Art. 95. Insert after the word "governor" the words, tenant Governor." "or LieuRejected. V. Art. 3. ing: Strike out this article and insert in lieu thereof the follow Art. 3. The Senate and House shall assemble once in two years, on the first Wednesday of June next following their election, and at such other times as they may judge necessary; and shall dissolve and be dissolved seven days next preceding the first Wednesday of June two years after; and shall be styled the "Legislature of New Hampshire." 66 Arts. 12, 16, 37, 38, 31, 33, 42. Strike out the word annually wherever it occurs and insert in lieu thereof the word " biennially." VI. Rejected. Arts. 46, 47, 48. Strike out these articles and insert in lieu thereof the following: .. Art. 50. All officers, whose election or appointment is not otherwise provided for, shall be nominated by the Governor and confirmed by a majority of the Senate; and every such nomination shall be made at least three days prior to such confirmation. The nomination shall be in writing, signed by the Governor, and the confirmation or rejection shall be signed by the presiding officer of the Senate." Art. 67. lowing: 66 Strike out this article and insert in lieu thereof the fol Art. 63. The Secretary of the State and State Treasurer shall be elected by the People, in the same manner, and for the same term, as is provided for the election of Governor." Art. 73. Insert at the beginning of this article the following: "All judicial and other officers shall be duly sworn; and" Art. 76. Add at the end of this article the following words: "and the Legislature shall have power to authorize the trial by jury of all cases in equity, under such rules and regulations as they may, from time to time, ordain or establish." After "Art. 76" insert the following: "Art. 77. County Judges, Judges of Probate, Registers of Probate, Sheriffs and County Solicitors shall be chosen by a plurality of the qualified voters in the several counties, and shall hold their offices for four years." After Art. 78" insert the following: "Art. 79. Officers of the Militia shall be elected, or appointed, in such manner as the Legislature shall from time to time direct, and shall be commissioned by the Governor." "Art. 80. Commissioners in other States, Bank Commissioners, Notaries Public, Justices of the Peace, Justices of the Quorum, Justices of the Peace throughout the State, Commissary General and other officers whose mode of appointment shall not be otherwise provided for in this Constitution, or by the Legislature, shall be appointed by the Governor with the consent of the Senate, and their duties and term of office shall be defined by the Legislature." "Art. 81. The Superintendent of the Asylum for the Insane shall be appointed by the Trustees of that institution, and removable at their pleasure." "Art. 82. The Warden of the State Prison shall be appointed by the Governor with the consent of the Senate; and two Commissioners shall be appointed in the same manner, who, together with the Governor, shall constitute a Board of Supervisors of the State Prison. And the Warden shall be removable at the pleasure of said board. The duties of said board shall be prescribed by the Legislature." After Art. 83" insert the following: "Art 84. Officers shall be chosen, or appointed, to supply vacancies occurring in any public office, in the same manner in which the same was originally filled; but the Governor shall appoint in the case of vacancies occuring in the offices in which, according to the foregoing provisions, the election or appointment is to be made for the State at large, and also in the case of vacancies in the office of County Judges.” "Art. 85. The Judges of Probate, in the several counties, shall fill vacancies in the office of Registers of Probate." "Art. 86. The County Judges, or, in case there shall at the time be no such Judges, the Governor, shall fill vacancies occuring in county offices." Art. 87. The officers appointed to fill vacancies, in all the foregoing cases, shall hold their offices only until successors shall be chosen, or appointed, by the regular appointing power." Rejected. VII. Arts. 77, 78. Strike out these articles and insert the following in lieu thereof: 66 • Art. 72. There shall be chosen in each town not less than two nor more than three Trial Justices, who shall have exclusive original jurisdiction in all civil cases where the amount in controversy shall not exceed fifty dollars, unless in cases where the title to real estate is concerned the Legislature shall otherwise provide; and the Legislature is authorized to extend the jurisdiction of such Justices to such further amount, not exceeding one hundred dollars in all, as they shall deem expedient; and in any case pending before any Trial Justice, either party shall have the right to a trial by jury, which shall consist of not more than six in number. In all cases where the amount in controversy shall exceed the sum of twenty dollars, either party shall have the right of appeal; but in all cases where a less amount shall be in controversy, the decision shall be final, both as to the law and the facts, subject only to such right of review as the Legislature may prescribe. And in all cases of appeal, the Legislature may provide that the party who appeals shall give security for the costs that may be recovered against him, and for the payment of double costs by such party in all cases in which the decision shall not be changed upon appeal." After "Art. 77," insert the following: “Art. 78. Police Magistrates shall be elected by the voters of cities for four years; and Trial Justices by the voters of towns for two years." Rejected. VIII. Art. 14. Strike out the words "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 seized in his own right" and "shall be of the Protestant religion." Art. 29. Strike out the words, "who is not of the Protestant Religion and seized of a freehold estate in his own rights of the value of two hundred pounds lying within the State." Rejected. IX. Arts. 98, 99, 100, 101. thereof the following: Strike out these articles and insert in lieu "Art. 108. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives, and if the same shall be agreed to by a majority of the members elected to each house, such proposed amendment, or amendments, shall then be entered on their respective journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be duly published. And if in the Legislature next afterwards to be chosen, such proposed amendment, or amendments, shall be agreed to by a majority of the members elected to each house, and the same be recorded on their journals, and the yeas and nays taken thereon as aforesaid, then it shall be the duty of the Legislature to submit such proposed amendment, or amendments to the People, and if two-thirds of the qualified voters of this State, present and voting thereon, at meetings duly called and warned for that purpose, shall approve and ratify the same, then such amendment, or amendments, shall become a part of the Constitution: provided that no amendment, or amendments, shall be submitted to the People oftener than once in six years; and if more than one amendment be submitted, they shall be submitted in such manner and form that the People may vote for or against each amendment proposed to any and every provision of the Constitution separately." Rejected. X. After Art. 81 insert the following articles : "Art. 76. Judges of the Supreme Court, and other Judges having jurisdiction throughout the State, the Attorney General and Railroad Commissioners, shall be chosen, by ballot, by a plurality of the qualified voters throughout the State, and shall hold their offices for six years: provided, however, that the Legislature, in order that the Justices of the Supreme Court and the Railroad Commissioners may not all vacate their offices at the same time, may provide that those who may be first elected under this Constitution, may hold their offices for different and shorter periods." Rejected. |