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.

ART. 54. The commanding officers of the regiments shall appoint their adjutants and quartermasters; the brigadiers, their brigade-majors; the major-generals, their aids; the captains and subalterns, their non-commissioned officers.

ART. 55. 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.

ART. 56. No moneys 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 treasurer's notes, or for the payment of interest arising thereon) but by warrant under the hand of the governor for the time being, by and withi the advice and consent of the council, for the necessary support and defense of this State and for the necessary protection and preservation of the inhabitants thereof, agreeably to the acts and resolves of the general court.

ART. 57. 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 all small arms with their accoutrements, and 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.

ART. 58. The governor and council shall be compensated for their services, from time to time, by such grants as the general court shall think reasonable.

ART. 59. Permanent and honorable salaries shall be established by law for the justices of the superior court.

COUNCIL.

ART. 60. There shall be biennially elected by ballot five councilors, for advising the governor in the executive part of government. The freeholders and other inhabitants in each county, qualified to vote for senators, shall, some time in the month of November, give in their votes for one councilor, which

votes shall be received, sorted, counted, certified, and returned to the secretary's office, in the same manner as the votes for senators, to be by the secretary laid before the Senate and House of Representatives on the first Wednesday of June.

ART. 61. And the person having a majority of votes in any county shall be considered as duly elected a councilor; but, if no person shall have a majority of votes in any county, the Senate and House of Representatives shall take the names of the two persons who have the highest number of votes in each county and not elected, and, out of those two, shall elect, by joint ballot, the councilor wanted for such county; and the qualifications for councilors shall be the same as for senator.

ART. 62. If any person thus chosen a councilor shall be elected governor or member of either branch of the legislature and shall accept the trust, or if any person elected a councilor shall refuse to accept the office, or in case of the death, resignation, or removal of any councilor out of the State, the governor may issue a precept for the election of a new councilor in that county where such vacancy shall happen; and the choice shall be in the same manner as before directed; and the governor shall have full power and authority to convene the council, from time to time, at his discretion; and, with them or the majority of them, may and shall, from time to time, hold a council for ordering and directing the affairs of this State, according to the laws of the land.

ART. 63. The members of the council may be impeached by the House and tried by the Senate for bribery, corruption, malpractice, or maladministration.

ART. 64. The resolutions and advice of the council shall be recorded by the secretary in a register, and signed by all the members present agreeing thereto; and this 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, with the reasons for such opinion. ART. 65. The legislature may, if the public good shall hereafter require it, divide the State into five districts, as nearly equal as may be, governing themselves by the number of ratable polls and proportion of public taxes, each district to elect a councilor; and, in case of such division, the manner of the choice shall be conformable to the present mode of election in counties.

ART. 66. And, whereas the elections appointed to be made by this constitution on the first Wednesday of June biennially, 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 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 shall be no choice of him by the people; and, afterwards, the two houses shall proceed to fill up the vacancy, if any, in the council.

SECRETARY, TREASURER, COMMISSARY-GENERAL, ETC.

ART. 67. The secretary, treasurer, and commissary-general shall be chosen by joint ballot of the senators and representatives, assembled in one room.

ART. 68. The records of the State shall be kept in the office of the secretary; and he shall attend the governor and council, the senate and representatives, in person or by deputy, as they may require.

ART. 69. The secretary of the state shall at all times have a deputy, to be by him appointed, for whose conduct in office he shall be responsible; and, in case of the death, removal, or inability of the secretary, his deputy shall exercise all the duties of the office of secretary of this state until another shall be appointed.

ART. 70. The secretary, before he enters upon the business of his office, shall give bond, with sufficient sureties, in a reasonable sum, for the use of the State, for the punctual perform ance of his trust.

COUNTY TREASURERS, ETC.

ART. 71. The county treasurers, registers of probate, solicitors, sheriffs, 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 practiced and the laws of the State; provided, nevertheless, the legislature shall have authority to alter the manner of certifying the votes and the mode of electing those officers, but not so as to deprive the people of the right they now have of electing them.

ART. 72. And the legislature, on the application of the major part of the inhabitants of any county, shall have authority to divide the same into two districts for registering deeds, if to them it shall appear necessary, each district to elect a register of deeds; 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.

ART. 73. The tenure that all commissioned officers shall have by law in their offices shall be expressed in their respective commissions. All judicial officers, duly appointed, commissioned, and sworn, shall hold their offices during good behavior, 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.

ART. 74. 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.

ART. 75. 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 become void at the expiration of five years from their respective dates; and, upon the expiration of any commission, the same may, necessary, be renewed, or another person appointed, as shall most conduce to the well-being of the State.

ART. 76. All causes of marriage, divorce, 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 provision.

ART. 77. The general court are empowered to give to justices of the peace jurisdiction in civil causes, when the damages demanded shall not exceed one hundred dollars and title of real estate is not concerned, but with right of appeal to either party to some other court.

ART. 78. No person shall hold the office of judge of any court, or judge of probate, or sheriff of any county, after he has attained the age of seventy years.

ART. 79. No judge of any court or justice of the peace shall act as attorney, or be of counsel to any party, or originate any civil suit, in matters which shall come or be brought before him as judge or justice of the peace.

ART. 80. All matters relating to the probate of wills and granting letters of administration shall be exercised by the judges of probate in such manner as the legislature have directed or may hereafter direct; and the judges of probate shall hold their courts at such place or places, on such fixed days, as the conveniency of the people may require and the legislature from time to time appoint.

ART. 81. No judge or register of probate shall be of counsel, act as advocate, or receive any fees as advocate or counsel, in any probate business which is pending or may be brought into any court of probate in the county of which he is judge or reg

ister.

CLERKS OF COURTS.

ART. 82. The judges of the courts (those of probate excepted) shall appoint their respective clerks, to hold their office during pleasure; and no such clerk shall act as an attorney or

be of counsel in any cause in the court of which he is clerk, nor shall he draw any writ originating a civil action.

ENCOURAGEMENT OF LITERATURE, ETC.

ART. 83. 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, sincerity, sobriety, and all social affections and generous sentiments, among the people. Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools or institutions of any religious sect or denomination.

OATHS AND SUBSCRIPTIONS. EXCLUSION FROM OFFICES.COMMISSIONS. WRITS. CONFIRMATION OF LAWS. HABEAS CORPUS. THE ENACTING STYLE. CONTINUANCE OF

OFFICERS. PROVISION FOR A FUTURE REVISION OF THE CONSTITUTION. ETC.

ART. 84. Any person chosen governor, councilor, senator, or representative, military or civil officer (town officers excepted), accepting the trust, shall, before he proceeds to execute the duties of his office, make and subscribe the following declarations, viz.:

I, A B, do solemnly swear that I will bear faith and true allegiance to the State of New Hampshire and will support the constitution thereof. 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.

Any person having taken and subscribed the oath of allegiance, and the same being filed in the secretary's office, he shall not be obliged to take said oath again.

Provided, always, when any person chosen or appointed as aforesaid shall be of the denomination called Quakers, or shall