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for the purpose of apportioning the number of representatives to the number of ratable polls, be considered as undivided : and provided, further, that such towns and places as have less than one hundred and seventy-five ratable polls, and are entitled to representation a portion of the time under this Constitution, shall have the right to elect a representative at the first election under this Constitution, as a part of that portion, and that the Legislature may prescribe the manner, in which their rights of election, as to their proportional time, shall be determined ; leaving to said towns, or places, as far as is consistent with this Constitution, the selection of the years when they will exercise their rights."

Rejected. III.

« Art. 29.

Arts 25, 26. Strike out these articles and in lieu thereof insert the following:

" Art. 28. The Senate shall consist of thirty members, who shall hold their office for two years from the first Wednesday of June next following their election.”

And that the State may be equally represented in the Senate, the Legislature shall, from time to time, divide the State into fifteen districts, in each of which two Senators shall be elected, and make known to the inhabitants of the State the limits of such districts. Each of these senatorial districts shall be formed of contiguous territory, of compact and convenient form, and of ratable polls as nearly equal as may be without dividing towns or cities. Changes in the senatorial districts may be made by the Legislature, for the purpose of rendering the number of ratable polls more equal, not oftener than once in six years.”

Add at the end of this article the words, and shall cease to be a Senator when he ceases to be an inhabitant of the dis

Art. 29.

trict."

Art. 34. Strike out this article and insert in lieu thereof the following:

And in case there shall not appear to be two Senators elected for any district, the deficiency shall be supplied in the following manner, viz: the members of the House of Representatives, and

" Art. 37

such Senators as shall be declared elected, shall take the names of the two persons, neither of whom are elected, having the highest number of votes in said district, if there is one Senator wanted for said district, and if two Senators are wanted for said district, the names of the four persons having the highest number of votes in said district, and out of them shall elect, by joint vote, the Senator or Senators wanted for such district. And in this manner all such vacancies shall be filled in every district of the State; and in a like manner all vacancies in the Senate arising by death, removal out of the district, or otherwise, shall be supplied soon as may be after such vacancies happen."

Art. 37.

Strike out this article and insert in lieu thereof the fol

lowing:

-- Art. 40.

The Senate may appoint a President pro tempore and other officers, and determine their own rules of proceeding; and not less than twenty members of the Senate shall make a quorum for doing business; and when not more than twenty-two Senators shall be present, the assent of fifteen, at least, shall be necessary to render their acts and proceedings valid."

Rejected.

IV.

.

" or lieu

Art. 40. Insert after the word “ Governor” the words, tenant Governor."

After Art. 41 insert :

-- Art. 45

Art. 42.

There shall also be a Lieutenant Governor of the State, whose title shall be His Honor; and whose duty it shall be to preside in the Senate; but he shall have no vote therein, except in case of an equal division.”

Strike out this article and insert in lieu thereof the following:

-- Art. 46. The Governor and Lieutenant Governor shall be chosen biennially in the month of March ; and the votes of these officers shall be received, sorted, counted, certified, and returned, in the same manner as the votes for Senators; and the Secretary shall lay the same before the Senate and House of Representatives on the first Wednesday of June biennially, to be by them examined ; and in case of an election by a plurality of votes through the State, the choice shall be by them declared and published. And the qualifications of electors of Governor and Lieutenant Governor shall be the same as those of Senators. But should it ever so happen that there shall be no choice of Governor or Lieutenant Governor by a plurality of votes by reason of two or more persons voted for for the same office, having an equal number of votes, then the Senate and House of Representatives shall by joint vote elect one of the two or more persons having the highest number of votes for said offices respectively; and shall declare him Governor or Lieutenant Governor as the case may be. And no person shall be eligible to either of these offices, unless at the time of his election he shall be of the age of thirty years, and shall have been an inhabitant of this State for seven years next preceding."

Art. 49. Strike out this article and insert in lieu thereof the following:

". Art. 51. Whenever the office of Governor shall become vacant by reason of his death, absence from the State, or otherwise, the Lieutenant Governor shall, during such vacancy, have and exercise all the powers and authorities with which the Governor, by this Constitution, is vested, when personally present; and in case the office shall become vacant by reason of the death of the Lieutenant Governor, or other cause, the President pro tem of the Senate shall during such vacancy, have and exercise the same powers and authorities; but when the Lieutenant Governor, or President pro tempore of the Senate, shall exercise the office of Governor, he shall not preside in the Senate."

Art. 51. Strike out this article and insert in lieu thereof the following:

The Governor of this State, for the time being, shall be commander-in-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; to

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"Art. 53

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, 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, “ or Lieutenant Governor."

Rejected.

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V.

Art. 3. Strike out this article and insert in lieu thereof the following:

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

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and be dissolved seven days next preceding the first Wednesday of June two years after; and shall be styled the " Legislature of New Hampshire."

Arts. 12, 16, 37, 38, 31, 33, 42. Strike out the word annually wherever it occurs and insert in lieu thereof the word biennially.”

Rejected. VI.

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. Strike out this article and insert in lieu thereof the following:

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. 74. Strike out this article.

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."

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