All money bills shall originate in the house of representatives, but the senate may propose or concur with amendments as on other bills.

The house of representatives shall have power to adjourn themselves, but not longer than two days at a time.

Two thirds of the members of the house of representatives elected, provided the said two thirds do not amount to a less number than thirty, shall make a quorum for doing business.

No member of the house of representatives or senate shall be arrested, or held to bail on mean process, during his going to, returning from, or attendance upon the court.

The house of representatives shall choose their own speaker, appoint their own officers, settle the rules of proceedings in their own house; and issue writs to fill up any intermediate vacancies therein. They shall have authority to punish by imprisonment, every person who shall be guilty of disrespect to the house in its presence, by any disorderly and contemptuous behaviour, or by threatening, or ill treating any of its members; or by obstructing its deliberations; every person guilty of a breach of its privileges in making arrests for debt, or by assaulting any of its members during his attendance at any session, in assaulting or disturbing any one of its officers in the execution of any order or procedure of the house, in assaulting any witness or other person, ordered to attend and during his attendance, of the house, or in rescuing any person arrested by order of the house, knowing them to be such. The Senate and Governor, and Council, shall have the same powers in like cases, provided that no imprisonment by either for any offence, exceed ten days.

The Journals of the proceedings of both houses of the General Court, shall be printed and published immediately after every adjournment, or prorogation; and upon motion made by any one member, the yeas and nays upon any question, shall be taken and entered in the journals.

The legislature shall once every five years from the commencement of this constitution, apportion the representatives anew to and for each county, according to the number of rateable polls each may contain.

EXECUTIVE POWER.

GOVERNOR.

There shall be a supreme executive Magistrate, who shall be stiled, the GOVERNOR of the State of New Hampshire; and whose Title shall be HIS EXCELLENCY.

The Governor shall be chosen annually; and no person

shall be eligible to this office, unless at the time of his election, he shall have been an inhabitant of this state for seven years next preceding, and unless he shall be of the age of thirty years, and unless he shall, at the same time, have an estate of the value of one thousand pounds, one half of which shall consist of a freehold, clear of debt, within the state; and unless he shall be of the Protestant religion.

Those persons qualified to vote for delegates to the county. conventions, within the several towns, parishes, and plantations, of this state, shall at a meeting to be called for that purpose, some day in the month of March annually, give in their votes for a Governor to the select men, who shall preside at such meeting, and the clerk in the presence and with the assistance of the select men, shall in open meeting sort and count the votes, and form a list of the persons voted for, with the number of votes for each person against his name; and shall make a fair record of the same in the town books; and a public declaration thereof in the said meeting; and shall in the presence of said inhabitants seal up a copy of said list, attested by him and the selectmen, and transmit the same to the sheriff of the county, thirty days at least before the first Wednesday of June, or shall cause returns of the same to be made to the office of the secretary of the state, seventeen days at least, before said day who shall lay the same before the senate and house of representatives on the first Wednesday of June, to be by them examined: And in case of an election by a majority of votes thro' the state, the choice shall be by them declared and published: But if no person shall have a majority of votes, the house of representatives shall by ballot elect two out of four persons, who had the highest number of votes, if so many shall have been voted for; but if otherwise, out of the number voted for; and make return to the senate of the two persons so elected, on which the senate shall proceed by ballot to elect one of them, who shall be declared GOVERNOR.

The Governor, with the advice of Council, shal. have full power and authority in the recess of the general court, to prorogue the same from time to time, not exceeding ninety days in any one recess of said court; and during the session of said court, to adjourn or prorogue it to any time the two houses may desire; and to call it together sooner, than the time to which it may be adjourned, or prorogued, if the welfare of the state should require the same.

In cases of disagreement between the two houses, with regard to the time of adjournment, or prorogation, the Governor, with advice of Council, shall have the right to adjourn or prorogue the General Court, not exceeding ninety days, at any one time, as he may determine the public good may re

quire. And he shall dissolve the same seven days before the said first Wednesday of June. And in case of any infectious distemper prevailing in the place where the said court at any time is to convene, or any other cause whereby dangers may arise to the healths, or lives, of the members from their attendance, the Governor may direct the session to be holden at some other the most convenient place within the State.

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; and for the special defence and safety of this state, to assemble in martial array, and put in warlike posture, the inhabitants thereof, and to lead and conduct them, and with them to encounter, expulse, repel, resist and pursue by force of arms, as well by sea as by land, within and without the limits of this state and also to kill, slay, destroy, if necessary, and conquer by all fitting ways, enterprize and means. all and every such person and persons, as shall at any time, hereafter, in a hostile manner, attempt or enterprize the destruction, invasion, detriment, or annoyance of this State; and to use and exercise over the army and navy, and over the militia in actual service, the law martial in time of war, invasion, and also in rebellion, declared by the legislature to exist, as occasion shall necessarily require. And also from time to time, to erect forts, and fortify any place or places within the said state, and the same to furnish with all necessary ammunitions, provisions and warlike stores for defence and offence, and to commit, from time to time, the custody and government of the same, to such person or persons as to him may seem meet: And in time of emergency, the said forts and fortifications to demolish at his discretion: and to take and surprize by all ways and means whatsoever, all and every such person or persons, with their ships, arms, ammunition, and other goods, as shall in a hostile manner invade, or attempt the invading, conquering, or annoying this State: and in fine, that the Governor be, and hereby is intrusted 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 general court; nor grant commissions for

exercising the law martial upon any of the inhabitants of this state, without the advice and consent of the council of the

same.

The power of pardoning of offences, except such as persons may be convicted of before the senate by the impeachment of the house, shall be in the Governor, by and with the advice of the Council. But no charter of pardon granted by the Governor, with the advice of Council, before conviction, shall avail the party pleading the same notwithstanding any general or particular expressions contained therein, descriptive of the of fence or offences intended to be pardoned.

All judicial officers, the Attorney-General, Solicitor-General, all Sheriffs, Coroners, Registers of Probate, and other civil officers, except such as are to be otherwise elected or appointed by this constitution, or the laws of the state, and all officers of the militia and navy shall be nominated and appointed by the Governor, by and with the advice and consent of the Council; and every such nomination shall be made by the Governor, at least seven days prior to such appointment.

No officer, duly commissioned to command in the militia, shall be removed from his office, but by the address of both houses to the Governor, or by fair trial in court martial, pursuant to the laws of the state for the time being.

The commanding officers of regiments shall appoint their adjutants and quarter-masters; the brigadiers their brigade majors; the major-generals their aids; the captains and subalterns their non-commissioned officers.

The Governor, with the advice of Council, shall appoint all officers of the Continental army, whom by the confederation of the United States it is provided that this state shall appoint, as also all officers of forts and garrisons.

The division of the militia into Brigades, regiments, and companies, made in pursuance of the militia laws now in force, shall be considered as the proper division of the militia of this state, until the same shall be altered by some future law.

No monies shall be issued out of the treasury of this state, and disposed of, (except such sums as may be appropriated for the redemption of bills of credit or treasurers notes, or for the payment of interest arising thereon) but by warrant under the hand of the Governor, for the time being, by and with the advice and consent of the council, for the necessary support and defence of this state, and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

All public boards, the commissary-general, all superintending officers of public magazines and stores, belonging to this

state, and all commanding officers of forts and garrisons within the same, shall once in every three months officially, and without requisition, and at other times, when required by the governor, deliver to him an account of all goods, stores, provisions, ammunition, cannon with their appendages and small arms, with their accoutrements, and of all other public property under their care respectively; distinguishing the quantity, and kind of each, as particularly as may be; together with the condition of such forts and garrisons: And the commanding officer shall exhibit to the governor, when required by him, true and exact plans of such forts, and of the land and sea or harbor or harbors adjacent.

And to prevent an undue influence in this state, which the first magistrate thereof may acquire, by the long possession of the important powers and trusts of that office, as also to stimulate others to qualify themselves for the service of the public, in the highest stations, no man shall be eligible as governor of this state, more than three years in any seven.

And as the public good requires, that the Governor should not be under the undue influence of any members of the two houses, by a dependence on them for support, that he should in all cases act with freedom for the benefit of the public; that he should not have his attention necessarily diverted from that object to his private concerns; and that he should maintain the dignity of the State in the character of its Chief Magistrate; it is necessary that he should have an honorable stated salary of a fixed and permanent value, amply sufficient for those purposes, and established by standing laws; and it shall be among the first acts of the general court after the commencement of this constitution, to establish such salary by law accordingly.

Permanent and honorable salaries shall be established by law for the Justices of the Superior Court.

Whenever the chair of the Governor shall be vacant, by reason of his death, absence from the state, or otherwise, the President of the Senate, for the time being, shall during such vacancy, have and exercise all the powers and authorities which by this constitution the Governor is vested with when personally present; and whenever the President shall fill the chair, he shall have no voice in the Senate.

COUNCIL.

There shall be a Council for advising the Governor, in the executive part of government, to consist of five persons, whom the Governor for the time being, shall have full power and authority to convene from time to time, at his discretion, and the Governor, with the Counsellors, or three of them at least, shall and may, from time to time, hold and keep a council, for