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are, and shall be, in force here for the welfare and good government of the State, unless the same shall be repealed or altered by the future Legislature thereof.
Fourthly. The whole and entire power of government of this State is vested in, and must be derived from, the people thereof, and from no other source whatsoever.
Fifthly. The future Legislature of this State shall make no laws to infringe the rights of conscience, or any other of the natural, unalienable rights of men, or contrary to the laws of God, or against the Protestant religion.
Sixthly. The extent of territory of this state is, and shall be, the same which was under the government of the late Governor, John Wentworth, Esq., Governor of New Hampshire ; reserving, nevertheless, our claim to the New Hampshire grants, so called, situate to the west of Connecticut river.
Seventhly. The right of trial by jury in all cases, as heretofore used in this State, shall be preserved inviolate forever.
A PLAN OF GOVERNMENT FOR THE STATE OF NEW HAMP
First. The State of New Hampshire shall be governed by a Council and House of Representatives, to be chosen as hereinafter mentioned, and to be styled the General Court of the State of New Hampshire.
Second. The Council shall consist for the present of twelve members, to be elected out of the several counties in the State in proportion to their respective number of inhabitants.
Third. The numbers belonging to each county for the present, according to said proportion, being as followeth, viz. : To the county of Rockingham, five; to the county of Strafford, two; to the county of Hillsborough, two; to the county of Cheshire, two; to the county of Grafton, Fourth. The number for the county of Rockingham shall not be increased or diminished hereafter, but remain the same; and the numbers for the other counties shall be increased or diminished as their aforesaid proportion to the county of Rockingham may chance to vary.
Fifth. The House of Representatives shall be chosen as follows: Every town or parish choosing town officers, amounting to one hundred families and upwards, shall send one representative for each hundred families they consist of (or such lesser number as they please), or class themselves with some other towns or parishes that will join in sending a representative.
Sixth. All other towns and parishes under the number of one hundred families shall have liberty to class themselves together to make the number of one hundred families or upwards, and being so classed, each class shall send one representative.
Seventh. The number of councilors belonging to each county shall be ascertained and done by the General Court every time there is a new proportion made of the state tax, which shall be once in seven years at the least, and oftener if need be.
Eighth. All the male inhabitants of the State of lawful age, paying taxes, and professing the Protestant religion, shall be deemed legal voters in choosing councilors and representatives, and having an estate of three hundred pounds, equal to silver at six shillings and eight pence per ounce, one half at least whereof to be real estate, and lying within this State, with the qualifications aforesaid, shall be capable of being elected.
Ninth. The selectmen of each respective town and parish choosing town officers, containing one hundred families or upwards, and also of each respective class of towns classed together as aforesaid, shall notify the legal voters of their respective towns, parishes, or classes, qualified as aforesaid, in the usual way of notifying town meetings, giving fifteen days' notice, at least, to meet at some convenient place on the last Wednesday of November annually, to choose councilors and representatives.
Tenth. And the voters being met, and the moderator chosen, shall proceed to choose their representative or representatives required by this Constitution, by a majority of the voters present, who shall be notified accordingly, and a return thereof made into the secretary's office by the first Wednesday of January then next.
Eleventh. And such representatives shall be paid their wages by their constituents, and for their travel by the State.
Twelfth. And in the choice of councilors each voter shall deliver his vote to the moderator for the number of councilors respectively required, with the word councilors written thereon, and the voter's name indorsed to prevent duplicity.
Thirteenth These votes shall be sealed up by the moderator, and transmitted by the constable to one of the justices of the inferior court of common pleas for the county before the second Wednesday in December next following
Fourteenth. And the said justices of the inferior court shall meet together on the said second Wednesday of December annually to count the votes, and the persons that have most votes to the number of councilors required shall be declared duly elected, and shall be notified by the said justices accordingly, and a return thereof shall be made by them into the secretary's office by the first Wednesday in January annually.
Fifteenth. And in case any two persons shall have a like number of votes, the said justices may determine the choice in favor of which they please.
Sixteenth. The Council and House of Representatives, so chosen and returned as aforesaid, shall meet on the first Wednesday in January next after their being chosen, at such place as the present or future General Court may from time to time appoint; and, being duly sworn, shall hold their respective places until the first Wednesday in January then next.
Seventeenth. The Council shall choose their president, vice-president, and secretary; and the House of Representatives shall choose their speaker and clerk.
Eighteenth. The Council and House of Representatives respectively shall determine all disputed elections of their own members, regulate their own proceedings, and, on any vacancy, order a new election to fill up such vacancy.
Nineteenth. The said General Court, elected and con stituted as aforesaid, shall be invested with the supreme power of the State.
And all acts, resolves, or votes, except grants of money, lands, or other things, may originate in either house; but such grants shall originate in the House of Representatives only.
Twentieth. The said Council and House of Representatives respectively shall have power to adjourn themselves from day to day, but not longer than two days at any one time, without concurrence of the other.
Twenty-first. The president of the Council shall hold public correspondence with other States, or persons; call the Council together when occasion shall require; and with advice of three or more of the Council shall, from time to time, call the General Court together, if need be, before the time they were adjourned to; and also point out the principal business of their session.
Twenty-second. The military and naval power of the State shall be regulated, and all proper officers thereof appointed, as the Legislature by law shall direct from time to time.
Twenty-third. The judges of the superior and inferior courts, judges of probate, judge of admiralty, judge of the maritime court, justices of the peace, sheriffs, coroners, attorney-general, treasurer of the State, and delegates to the Continental Congress, shall be appointed by the said General Court, and commissioned by the president of the Council.
Twenty-fourth. The appointment of registers of deeds, county treasurers, clerks of courts, registers of probate, and all other civil officers whatsoever, not before mentioned, shall be regulated by the laws that now are or that hereafter may be enacted.
Twenty-fifth. All civil officers of the State shall be suitably compensated by fees or salaries for their services.
Twenty-sixth. No member of the General Court shall be judge of the superior court, or inferior court, judge or register of probate, or sheriff of any county, or treasurer of the State, or attorney-general, or delegate at the Continental Congress.
Twenty-seventh. And no member of the Council, judge of the superior court, or sheriff, shall hold a commission in the militia, army, or navy of this State.
Twenty-eighth. No member of the House of Representatives shall hold any salary under the government.
Twenty-ninth. The president of the Council, with advice of Council, may grant reprieves not longer than six months, but the General Court only shall have power to pardon offences against the State.
Thirtieth. A quorum of the Council, and a quorum of the House of Representatives, shall consist of a majority of each house.
Thirty-first. This declaration of rights, and plan of government, shall have the force of law, and be esteemed the fundamental law of the State.
Thirty-second. The General Court shall have no power to alter any part of this Constitution. In case they should concur in any proposed alteration, amendment, or addition, the same being agreed to by a majority of the people, shall become valid.