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[NOTE.-May 28, 1774, the house of representatives of the province of New Hampshire appointed a committee of seven members “to correspond .. with the committees . . in our sister colonies, and to exhibit to this house an account of such their proceedings when required.” This committee called a convention of delegates from the several towns at Exeter on July 21, 1774. Four other similar conventions followed, the last one convening on December 21, 1775. On January 5, 1776, the convention resolved itself into a house of representatives and adopted a constitution, the first organic law adopted by any of the states now constituting the American Union. This constitution remained in force and the state was governed under it up to June 2, 1784.

April 6, 1781, the general court under the above constitution instructed the president of the council to call a convention of delegates from the several towns to meet at Concord on the first Tuesday of June, 1781, for the purpose “of forming and laying a permanent plan or system of government for the future happiness and well-being of the good people of this state." This convention continued in existence over two years, during which time two constitutions were framed, submitted to the people, and rejected. A third one which had been approved by the people was established by the convention October 31, 1783, and took effect June 2, 1784.

June 16, 1791, seven years having elapsed since the adoption of the above constitution, the general court called a convention to meet in Concord on the first Wednesday of September, 1791, “to preserve an effectual adherence to the principles of the constitution and to correct any violations thereof as well as to make such alterations as from ex. perience may be found necessary.” On the second Wednesday of February, 1792, this convention voted to submit seventy-two amendments to the people and they were submitted on the first Monday in May, 1792. The returns showed some amendments approved and others rejected under the heads, Senate, Governor and Council,--by reason whereof the amendments were rendered inconsistent and contradict. ory. The convention, therefore, on the last Wednesday of May, 1792, submitted all the provisions under the heads, Senate, Governor and Council for approval by the people. September 5, 1792, the convention canvassed the returns, found the amendments last submitted approved by the people and appointed a committee “to report to the convention a true copy of the constitution as revised and agreed to by the people,” which, being done, they passed the following vote: “The returns from the several towns and unincorporated 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 the 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."

In the years 1799, 1806, 1813, 1820, 1832, 1833, 1837, 1844, and 1846 the question of calling a constitutional convention was submitted to the people and they voted in the negative. In 1849 the question was again submitted and was approved by a large majority. The legislature accordingly on July 8, 1850, called a convention at Concord on November 6, 1850. January 3, 1851, this convention submitted several amendments to the people which were all rejected. April 17, 1851, the convention submitted three amendments. By proclamation of the governor dated September 16, 1852, notice was given that one of these amendments had been adopted and two rejected.

In the years 1857, 1860, 1862, 1864, 1868 and 1869 votes were taken upon the question of holding a constitutional convention, but without affirmative action except in the years 1860 and 1864, and in those years the legislature did not deem it expedient to call one. In 1875 a large majority was in favor of holding a convention and the legislature by act dated July 18, 1876, called a convention to meet in Concord on December 6, 1876. This convention proposed amendments changing the Constitution in thirteen particulars, all of which, except two, were adopted by the people, as shown by the governor's proclamation of April 17, 1877.

The people again voted against a constitutional convention in the year 1883. In 1885 a small majority was in favor of a convention, and the legislature, by act of November 5, 1887, called one to meet at Concord, January 2, 1889. Seven amendments were submitted by this convention, five of which were approved by the people, as shown by the governor's proclamation, dated April 2, 1889.

The sense of the people on the question of holding a constitutional convention was again taken in the years 1894 and 1896 with a negative result.

So far as can be ascertained the engrossed copy of the constitution of 1784 is not in existence. In the foregoing copy the engrossed copy as amended in 1792 has been closely followed subject to the amendments of the conventions of 1850, 1876, and 1889.

All amendments are shown by notes at the bottom of the page indicating the year in which they took effect. The amendments of 1792

so far as relates to the choice of the members of the legislature and the executive officers of the state, county treasurer, and recorder of deeds" took effect on February 1, 1793, and all others on the first Wednesday of June, 1793.

The amendments of 1850 took effect September 16, 1852; those of 1876, August 1, 1877, October 1, 1878, and the first Wednesday of June, 1879, as indicated in the foot notes; and those of 1889, April 2, 1889.

The numbering of the sections of Part II first appeared in the Revised Statutes of 1842. In 1889 when the tenth section of Part II was stricken out all subsequent sections were moved forward with the result of making much confusion in citations. In this copy the former numbering has been placed in a parenthesis at the side of the present number.]

INDEX TO THE CONSTITUTION OF NEW HAMP

SHIRE.

Absentees, laws respecting estates of .

43 Accused, constitutional rights of

15 to be tried in what county.

16 not compelled to give evidence against himself

16 not deprived of life, etc., but by law of the land.

16 not to be tried after acquittal ...

16 to have right to meet witnesses face to face

16 Acquittal, no trial for crime after

16 Acts and resolves, to be printed and published immediately after passage 25 Address, removal of officers by

34, 39 Adjournment of house of representatives.

24 of senate.

29 by governor, of legislature, when.

31 Affirmation equivalent to oath, when

42 Amendments, to state constitution, how made.

44 when to take effect..

44 Appointments by governor and council, how made

32 of military officers..

32 Appraisal for taxation, valuation of estates taken.

22 Armies, how raised..

18 Arms, certain persons not compelled to bear..

15 Army and navy, standing, dangerous.....

18 Arrests, members of legislature exempt from, when.

25 Arts, legislature to promote

40 Assembly, right of, secured.

18 Attorney-general, appointed by governor and council.

32

Bills and resolves, vote by yeas and nays, when.....

to be presented to governor...
if disapproved, returned...
objections entered on journal.
if not returned in five days become laws.
if again passed sent to other house
become laws, when.......
same proceedings upon resolves..

31 31 31 31 32 32 32 32

Capital punishment, no person subject to without jury trial, except...
Clerk, of supreme court, how appointed

to sign writs. ....
not to act as counsel, etc..

16 40 42 40

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Commander-in-chief, governor to be...

powers of. Commissary-general, appointment and duties of.

to render account to governor. Commissions, tenure of office to be expressed in.

how made and signed .. Compensation, members of legislature...

governor and council..

justices of supreme court. Constitution, to be enrolled ; deposited where.

prefixed to printed laws..

how amended, etc.
Conventions, constitutional, how called; duties
Conviction, of certain crimes, disqualifies, how.
Coroners, how appointed.
Councilor districts, how constituted.
Councilors, qualifications of..

new election, when....
votes for, how received, returned, etc

laid before senate, when..
election in joint convention, when.

order of such elections..
vacancies.
oath of office.

subject to impeachment..
Counties, may be divided into districts, for what
County treasurer, elected how .
Courts, legislature may establish.

powers of.....
not to demand excessive bail..
opinions of, may be required, when...

jurisdiction ...
Courts-martial, officers removed by
Crimes, to be fully described, etc., to accused

tried in county where committed, except

no subject to be tried for, after acquittal.. Criminal prosecutions, respondents, constitutional rights of..

to be tried in what county.

33 33, 34 35, 37

35 38 42 24 35 35 45 45 45 44 44 32

37 27, 36

36 36 36 36 37 36 41 36 38 38 20 20 19 39 39 34 15 16 16 16 16

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Debate, freedom of, in legislature.
Deodands, abolished...
Departments of government to be kept distinct..
Deputy secretary of state, appointment and duties
Districts, councilor..

senatorial

for registry of deeds... Due process of law secured to litigants.. Dwelling-houses, searches of..

18 42 19 37 37 26 38 16 17

Education, legislature to promote..

40 Elections, to be free.......

30 by joint convention.

28, 36 order of..

37 of state officers

37 governor

27, 36 and councilors.

27, 36 senators

26, 27 members of house

22 county officers ..

38 duties of town officers at..

27, 28 in unincorporated places..

27 Eligibility to office, constitutio right.

15 Eminent domain, property not to be taken without pay

15 Enacting style, of statutes, etc.

43 Encouragement of literature, sciences, arts, etc ......

40 Evidence, accused not to furnish against himself..

15 Ex Post Facto laws, not passed......

17 Executive power to be independent of other departments

19 Exemptions from arrest on civil process of members of the logislature.. 25

Forts, commanders to render accounts...

exhibit plan of. Freedom of speech and press secured..

all men secured...

35 35 18 14

General court, how constituted.......

20 oaths of members, before whom.

41, 42 speaker, how chosen......

25 when to assemble and dissolve...

20 freedom of speech in..

18 powers of....

20, 21 to define powers, etc., of officers.

20, 21 erect courts..

20 impose fines, etc..

21 taxes..

21 make laws, etc....

21 name civil officers.

21 order valuation of estates...

22 journals and public acts published, when.

25 yeas and nays entered, when.....

25, 32 protest of member entered, when....

26 objections of governor to bill entered...

31 may call for record of governor and council.

37 require opinions of court, when...

39 not to authorize towns to loan money, etc., to corporations 22 doors of galleries to be kept open, except..

22 bills to be presented to governor.

31 if not approved returned...

31

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