ordering and directing the affairs of the State, according to the laws of the land.

Five Counsellors shall be annually chosen from among the people at large, on the first Wednesday of June annually by joint ballot of the Senators and representatives in one room assembled. The qualifications for counsellors, shall be the same as those required for senators.

The resolutions and advice of the Council shall be recorded in a register, and signed by the members present, and the 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 resolution of the majority.

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 shall 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 should be no choice of him by the people: And afterwards the two houses shall proceed to the election of the Council.

SECRETARY, TREASURER, COMMISSARY-GENERAL, &C.

The Secretary, Treasurer, and Commissary-General, shall be chosen by joint ballot of the senators and representatives in one room and no man shall be eligible as Treasurer or commissary-general of this state, more than five years successively.

The records of the state shall be kept in the office of the secretary, who may appoint his deputies, for whose conduct he shall be answerable, and he shall attend the governor and council, the senate and representatives, in person, or by deputy, as they may require.

COUNTY-TREASURER, &C.

The County-Treasurers. and Registers of Deeds shall be elected by the inhabitants of the several towns, in the several counties in the state, according to the method now practised, and the present laws of the state: And before they enter upon the business of their offices, shall be respectively sworn faithfully to discharge the duties thereof, and shall severally give bond, with sufficient sureties, in a reasonable sum for the use of the county, for the punctual performance of their respective

trusts.

JUDICIARY POWER.

The tenure, that all commission officers shall have by law in their offices, shall be expressed in their respective commis

sions. All judicial officers, duly appointed, commissioned and sworn. shali hold their offices during good behaviour, excepting those concerning whom there is a different provision made in this constitution: Provided nevertheless, the Governor, with consent of council, may remove them upon the address of both houses of the legislature.

Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the superior court upon important questions of law, and upon solemn occasions.

In order that the people may not suffer from the long continuance in place of any justice of the peace, who shall fail in discharging the important duties of his office with ability and fidelity, all commissions of Justices of the peace shall expire and become void, in the term of five years from their respective dates; and upon the expiration of any commission, the same may if necessary, be renewed, or another person appointed, as shall most conduce to the well-being of the State.

The judges of probate of wills, and for granting letters of administration, shall hold their courts, at such place, or places, on such fixed days, as the convenience of the people may require. And the legislature shall from time to time, hereafter appoint such times and places, until which appointments the said courts shall be holden at the times and places which the respective judges shall direct.

All causes of marriage, divorces and alimony, and all appeals from the respective judges of probate, shall be heard and tried by the superior court, until the legislature shall, by law, make other provisions.

CLERKS OF COURTS.

The Clerks of the Superior Court of Judicature, Inferior Courts of Common Pleas, and General Sessions of the Peace, Shall be appointed by the respective courts during pleasure. And to prevent any fraud or unfairness in the entries and records of said courts, no such clerk shall be of counsel in any cause in the court of which he is clerk, nor shall he fill any writ in any civil action whatsoever.

DELEGATES TO CONGRESS.

The Delegates of this State to the Congress of the United States, shall sometime between the first Wednesday of June and the first Wednesday of September annually, be elected by the senate and house of representatives in their seperate branches, to serve in congress for one year; to commence on the first Monday in November then next ensuing. They shall

have commissions under the hand of the governor, and the great seal of the state; but may be recalled at any time within the year, and others chosen and commissioned, in the same manner, in their stead. And they shall have the same qualifications in all respects, as by this constitution are required for the governor.

No person shall be capable of being a delegate to Congress, for more than three years in any term of six years; nor shall any person being a delegate, be capable of holding any office under the United States, for which he, or any other for his benefit, receives any salary, or emolument of any kind.

ENCOURAGEMENT OF LITERATURE, &C.

Knowledge and Learning, generally diffused through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture. arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality in their dealings; sincerity, sobriety, and all social affections, and generous sentiments, among the people.

OATHS AND SUBSCRIPTIONS; EXCLUSION FROM OFFICEs; COMMISSIONS, WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE ENACTING STILE; CONTINUANCE OF OFFICERS; PROVISION FOR A FUTURE REvision of tHE CONSTITUTION, &C.

Any person chosen Governor, Counsellor, Senator or Representative, accepting the trust, shall before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.

I, A. B. do truly and sincerely acknowledge, profess, tes tify and declare, that the State of New Hampshire is, and of right ought to be, a free, sovereign, and independent State; and do swear that I will bear faith and true allegiance to the same, and that I will defend it against all treacherous conspiracies and hostile attempts whatever; and that I do renounce any subjection and obedience to the sovereign, or government of Great Britain, and every foreign power whatsoever, and that no foreign prince, person, pre

late, state or potentate hath, or ought to have, any jurisdiction, superiority, pre-eminence, authority dispensing or other power, in any matter civil, ecclesiastical, or political within this State, except the power and authority which is, or may be vested by their Constituents in the Congress of the United States: And I do further testify and declare, that no man or body of men, hath or can have, a right to absolve me from the obligation of this oath, declaration or affirmation; and that I do make this acknowledgement, profession, testimony, declaration, denial and renunciation, honestly and truly, according to the common acceptation of the foregoing words, without any equivocation, mental evasion, or secret reservation whatsoever.

So help me God.

I A. B. do solemnly and sincerely swear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this Constitution, and the laws of the State of New Hampshire. "So help me God."

Provided always, When any Person chosen or appointed as aforesaid, shall be of the denomination called Quakers, or shall be scrupulous of swearing, and shall decline taking the said oath, such shall take and subscribe them, omitting the word "Swear" and likewise the words "So help me God," subjoining instead thereof, This I do under the pains and penalties of perjury. And the oaths or affirmations shall be taken and subscribed by the Governor, before the President of the Senate in the presence of the two Houses of Assembly; and by the Senate and Representatives first elected under this Constitution, before the President and three of the Council of the former Constitution, and forever afterwards, before the Governor and Council for the time being: and by the residue of the officers aforesaid, before such persons, and in such manner as from time to time shall be prescribed by the Legisla

ture.

All commissions shall be in the name of the State of New Hampshire, signed by the Governor, and attested by the Secretary, or his deputy, and shall have the great seal of the State affixed thereto.

All writs issuing out of the clerk's office in any of the courts of law, shall be in the name of the State of New Hampshire; shall be under the seal of the court whence they issue and bear test of the chief, first or senior Justice of the court; but when such Justice shall be interested, then the writ shall bear test of some other Justice of the court, to which the same shall be returnable, and be signed by the clerk of such Court.

All indictments, presentments and information shall conclude against the peace and dignity of the State.

The estates of such persons as may destroy their own lives, shall not for that offence be forfeited, but descend or ascend in the same manner, as if such person had died in a natural way. Nor shall any article, which shall accidentally occasion the death of any person, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune.

All the laws which have heretofore been adopted, read and approved, in the Province, Colony or State of New Hampshire, and usually practised on in the courts of law, shall still remain and be in full force, until altered and repealed by the Legislature; such parts there off only excepted, as are repugnant to the rights and liberties contained in this Constitution.

The priviledge and benefit of the Habeas Corpus, shall be enjoyed in this State, in the most free, easy, cheap, expeditious, and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months.

The enacting stile in making and passing Acts, Statutes and laws, shall be-Be it enacted by the Senate and House of Representatives in General Court convened.

No Governor, or Judge of the Superior Court, shall hold any office or place, under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the Judges of the said Court may hold the offices of Justice of the Peace throughout the State; nor shall they hold any place or office, or receive any pension or salary, from any other State, Government or Power whatever.

No person shall be capable of exercising at the same time, more than one of the following offices within this State, viz, Judge of Probate, Sheriff, Register of Deeds; and never more than two offices of profit which may be held by appointment of the Governor, or Governor and Council, or Senate and House of Representatives, or Superior or Inferior Courts; military offices and offices of Justices of the Peace excepted.

No person holding the office of Judge of the Superior Court, Secretary, Treasurer of the State, Judge of Probate, Commissary General, Military Officers receiving pay from the Continent or this State; excepting officers of the militia occasionally called forth on an emergency, Judge of the Inferior Court of Common Pleas, President, Professor or Instructor of any College, Sheriff or officer of the Customs, including naval officers, shall at the same time have a seat in the Senate' or House of Representatives or Council; but their being chosen or appointed to and accepting the same shall operate as a resig