by him, shall be repassed by the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.

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 shall be nominated and appointed by the governor and council; and every such nomination shall be made at least three days prior to such appointment; and no appointment shall take place, unless a majority of the council agree thereto. governor and council shall have a negative on each other, both in the nominations and appointments. Every nomination and appointment shall be signed by the governor and council, and every negative shall be also signed by the governor or council who made the same.

The

The captains and subalterns, in the respective regiments shall be nominated and recommended by the field officers to the governor, who is to issue their commissions immediately on receipt of such recommendation.

Whenever the chair of the governor shall become vacant, by reason of his death, absence from the state, or other wise, 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.

The governor, with advice of the council, shall have full power and authority, in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days, in any one recess of said court; and during the sessions of said court, to adjourn or prorogue it to any time the two houses may desire, and to call it together sooner than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same.

The governor of this state for the time being shall be commanderin-chief of the army and navy, and all the military forces of the 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 to 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, enterprize and means, all and every such person and persons as shall, at any time hereafter, in a hostile manner, attempt or enterprize 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 shall necessarily require: And surprize, 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 hereby is 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.

The power of pardoning offences, except such as persons may be convicted of before the senate, by impeachment of the house, shall be in the Governor, by and with the advice of the council: But no charter of pardon granted by the Governor, with advice of council, before conviction, shall avail the party pleading the same, notwithstanding any general or particular expressions contained therein, descriptive of the offence or offences intended to be pardoned.

No officer duly commissioned to command in the militia shall be removed from his office, but by the address of both houses to the Governour, or by fair trial in court-martial, pursuant to the laws of the state for the time being.

The commanding officers of the regiments shall appoint their Adjutants and Quarter-masters; the Brigadiers, their Brigade-Majors; the Major Generals, their Aids; the Captains and Subalterns, their noncommissioned officers.

The Governor and council shall appoint all officers of the continental army, whom, by the confederation of the United States, it is provided that this state shall appoint; as also all officers of forts and garrisons. The division of the militia into brigades, regiments and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this state, until the same shall be altered by some future law.

No monies shall be issued out of the treasury of this state, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit, or Treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the General Court.

All public boards, the commissary-general, all superintending officers of public magazines and stores belonging to this state, and all commanding officers of forts and garrisons within the same, shall, once, in every three months, officially, and without requisition, and at other times when required by the Governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon, with their appendages and all small arms, with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity and kind of each, as particularly as may be; together with the condition of such forts and garrisons: and the commanding officer shall exhibit to the governor, when required by him true and exact plans of such forts, and of the land and sea, or harbour or harbours adjacent.

The Governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable.

Permanent and honourable salaries shall be established by law, for the justices of the superiour court.

COUNCIL.

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 sena

tors.

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 become 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.