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president shall act as president, as in case of the death or other constitutional disability of the president.

The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then, from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States.

CONSTITUTION

OF

NEW HAMPSHIRE.

APPROVED BY THE PEOPLE, AND ESTABLISHED BY CONVENTION, FIFTH OF SEPTEMBER,* 1792.

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power.

ART. 9. No office to be hereditary.
ART. 10. Government for the benefit and

under the control of the people.

ART. 11. Freedom of elections.
ART. 12. Rights and duties of citizens.

ART. 27. Soldiers, how quartered.

ART. 28. All taxes to be levied by the people.

Property taken for public uses. Laws ART. 29. Laws suspended by the legisla

when binding.

ART. 13. Exemption from bearing arms. ART. 14. Every person ought to find a certain and speedy remedy at law.

ture only.

ART. 30. Freedom of speech and debate. ART. 31. Object of the assembly of the legislature.

ART. 15. Rights of persons prosecuted for ART. 32. Right of the people to assemble.

crime.

ART. 16. No person to be tried after ac

ART. 33. Excessive bail and fines and crael punishments forbidden.

*The former constitution having been approved by the people, was established by convention, 31st October, 1783, and took effect on the first Wednesday of June, 1784.

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9. Representation to be equal. 10. Towns may be classed.

11. Special authority may be given.
12. Election to be held in March.
13. Qualification of voters.

14. Qualifications of representatives.
15. Members to be paid.
16. Vacancies, how filled.
17. Power of impeachment.

18. Money bills to originate in house.
19. Power to adjourn.

20. What is a quorum.
21. Exemption from arrest.

22. House to be judge of its own proceedings.

23. Imprisonment for contempt.

24. Journals and laws to be published.-| Yeas and nays and protest entered on journal.

SENATE.

25. Senate, how constituted.

26. Senatorial districts made.

27. Election to be held in March.

28. Mode of election.

29. Qualifications of senators. 30. Who is an inhabitant.

31. Rights of inhabitants of places.

32. Mode of conducting elections.

33. Votes, how examined, and senators notified.

34. Vacancies, how filled.

35. Senate to be judges of their own re

turns.

36. Power to adjourn.

37. Mode of proceeding and quorum. 38. To be a court to try impeachments. 39. Power of punishment.

40. When the governor is impeached.

EXECUTIVE POWER.

GOVERNOR.

41. Title of the governor.

42. Governor, how chosen.

43. Governor may adjourn legislature, or alter place of session.

44. Laws to be approved by him. 45. Resolves to be approved by him. 46. Officers to be appointed by the execu tive.

47. Appointments, how made.

48. Captains, &c., how commissioned. 49. Vacancy in office, how supplied.

50. Governor may prorogue the legisla

ture.

51. Governor to be commander-in-chief. 52. Power of pardon.

53. Removal of officers on address.

54. Military officers, how appointed. 55. Division of the militia regulated. 56. Money, how drawn from the treasury. 57. Account of public property rendered. 58. Compensation of governor and council. 59. Judges to have permanent salaries.

COUNCIL.

60. Five councillors to be elected. 61. Election, how determined. 62. Vacancy, how filled. 63. Members may be impeached. 64. Records of proceedings kept. 65. Council districts regulated. 66. Elections, when completed.

SECRETARY, TREASURER, COMMISSARY GENERAL, &C.

67. Officers, how chosen.

68. Duty of secretary.

69. Secretary to have deputy.

70. Secretary to give bond.

COUNTY TREASURER, &C.

71. To be elected by the people. 72. Counties may be divided.

JUDICIARY POWER.

73. Tenure of office.

74. Opinion of S. J. C. may be required.

75. Judge may be removed.

OATHS, WRITs, and general pro

VISIONS.

84. Oaths of office, form, &c.

85. Oaths, by whom administered.
86. Form of commissions.

87. Form and requisites of writs.

88. Conclusion of indictments.

89. No deodand or forfeiture allowed.

90. Common law in force.

91. Privilege of habeas corpus.

92. Enacting style declared.

76. Jurisdiction of divorce, probate ap- 93. Governor or judge to hold no other

peals, &c.

77. Jurisdiction of justices of the peace.
78. Term of office ceases at seventy.
79. Judge not to be of counsel.
80. Probate jurisdiction.

81. Judge nor register to be of counsel.

CLERKS OF COURTS.

82. Appointment and duties of clerks.

ENCOURAGEMENT OF LEARNING, &C.| 83. Encouragement of learning.

office.

94. Offices which are incompatible.
95. Officers which are incompatible.
96. Bribery excludes from office."
97. Computation of money.

98. When constitution to take effect.
99. Revision of the constitution.
100. Sense of the people to be taken every
seven years.

101. Constitution to be enrolled, and published with each edition of the laws.

PART FIRST.

BILL OF RIGHTS.

ARTICLE 1. All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent and instituted for the general good.

2. All men have certain natural, essential and inherent rights; among which are, the enjoying and defending life and libertyacquiring, possessing and protecting property-and in a word, of seeking and obtaining happiness.

3. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to insure the protection of others; and without such an equivalent the surrender is void.

4. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the RIGHTS OF CONSCIENCE.

5. Every individual has a natural and unalienable right to worship GoD according to the dictates of his own conscience and

reason; and no subject shall be hurt, molested or restrained in his person, liberty or estate, for worshipping GOD in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.

6. As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to government, and will lay in the hearts of men the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the public worship of the DEITY, and of public instruction in morality and religion; therefore, to promote those important purposes, the people of this State have a right to empower, and do hereby fully empower the legislature to authorize from time to time the several towns, parishes, bodies corporate, or religious societies within this State, to make adequate provision, at their own expense, for the support and maintenance of public protestant teachers of piety, religion and morality:

Provided, notwithstanding, That the several towns, parishes, bodies corporate, or religious societies, shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. And no person of any one particular religious sect or denomination shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination.

And every denomination of christians demeaning themselves quietly, and as good subjects of the State, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law.

And nothing herein shall be understood to affect any former contracts made for the support of the ministry; but all such contracts shall remain, and be in the same state as if this constitution had not been made.

7. The people of this State have the sole and exclusive right of governing themselves as a free, sovereign and independent State, and do, and forever hereafter shall exercise and enjoy every power, jurisdiction and right pertaining thereto, which is not or may not hereafter be by them expressly delegated to the United States of America in Congress assembled.

8. All power residing originally in, and being derived from the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them.

9. No office or place whatsoever in government shall be hereditary-the abilities and integrity requisite in all not being transmissible to posterity or relations.

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