******* *» -^» 'junauTp.. )?' 7 Governor JUDD GREGG UNH LIBRARY 3 MbOO ODSM? 5bME State of New Hampshire MANUAL for the GENERAL COURT 1991 No. 52 PUBLISHED BY THE DEPARTMENT OF STATE WILLIAM M. GARDNER Secretary of State ROBERT P. AMBROSE Deputy Secretary of State Edited and Compiled by KAREN H. LADD 1991 PREFACE The publication of the 1991 Manual for the General Court marks the 52nd volume published in this series. It includes general information about state government and the 1990 state election results. It also gives special recognition on the following page to three women who have given many years of service as elected officials in state government. Only since the fall of 1920 have women had the right to vote in state elections. That year, two women were elected to the House of Representatives, becoming the first women legislators in our state. Ten years later, in 1930, the first woman was elected to the New Hampshire State Senate. William M. Gardner ' : I . N! Former Senator Edith B. Gardner of Gilford holds the distinction of serving more years and more terms in the New Hampshire Senate than any other woman. She served ten consecutive two-year terms beginning in 1961. Edith B. Gardner The late Representative Hilda C.F. Brungot of Berlin holds the record for having served more years and terms in the New Hampshire House of Representatives than any other woman. She served a total of thirty-eight non-consecutive years between 1931 and 1974. Hilda C.F. Brungot Representative Elizabeth A. Greene of Rye is currently serving her sixteenth two-year term as a member of the New Hampshire House of Representatives. Upon comple- tion of this term, she will have served thirty-two consecutive years, which is the most consecutive years of service for any woman legislator in our state. Elizabeth A. Greene NEW HAMPSHIRE AND THE FEDERAL BILL OF RIGHTS BICENTENNIAL December 15, 1991, marks the bicentennial of the ratification of the Federal Bill of Rights. New Hampshire cast its ratification vote on January 25, 1790, the fifth state to do so, after virtually no recorded debate. It was not unexpected that the state acted quickly. Its own constitution, adopted in 1783 opens with a long list of individual liberties entitled "Bill of Rights." At the state convention of 1788 to consider ratification of the Federal Constitution "Antifederalist" Joshua Atherton cited slavery, states rights, and the lack of a bill of rights as principal arguments against ratification. Thomas Cogswell, a Strafford County judge, wrote against the constitution because of its lack of a bill of rights. Another judge, Samuel Livermore, a delegate to the convention and a proponent of ratification, proposed twelve amendments which the convention adopted to appease opponents in order to secure ratification. With the promise that these amendments would be suggested to Congress, New Hampshire ratified the Constitution by a vote of 57-47 on June 21, 1788, at the North Meeting House in Concord. The ratification document explains the tactic: "... it is the Opinion of this Convention that certain amendments & alterations in the said Constitution would remove the fears and Quiet the apprehensions of many of the good People of this State, and more effectually guard against an undue Administration of the federal Government." When it convened in 1789 Congress turned over all such amendments to James Madison who formulated twelve for congressional deliberation during the late summer of 1789. Samuel Livermore, then one of New Hampshire's representatives to Congress, argued vigorously in favor of Madison's amendments. In September Congress sent the amendments to the states for ratification. The fact that both New Hampshire and Congress proposed twelve amendments was coincidental. Of New Hampshire's twelve proposals in 1788 nine found their way into Madison's proposals and eight finally attained Constitutional status. Madison omitted New Hampshire's fourth, fifth, and ninth proposals. The fourth would have prohibited Congress from laying direct taxes. The fifth would have prohibited Congress from establishing a "Company of Merchants with exclusive advantages of Commerce," and the ninth would have prohibited federal officeholders from accepting any foreign title. New Hampshire's chief executive, President John Sullivan, received the amendments from Secretary of State Thomas Jefferson in October 1789. When the General Court met on December 23rd Sullivan presented the amendments: "The amendments proposed by Congress to the Constitution of the United States cannot fail of being considered & determined upon as early as the nature of the business before you will admit." On January 1, 1790, meeting in Concord's North Meeting House, the House and Senate ordered 250 copies printed. There is no record of opposition to the amendments nor is there indication in the General Court journals of debate on the issues. In mid-January the House approved eleven of the twelve and sent them to the Senate which concurred on January 20th. Both houses voted for ratification on the 25th by voice vote. Only the second of the twelve amendments- prohibiting the alteration of congressional salaries until an election had intervened— failed of approval. That amendment, plus the first, which established apportionment for Congress, failed to be ratified nationally, which meant that proprosals numbered three through twelve became amendments numbered one through ten, the bill of rights. Vermont's admission to the union in March 1791 meant that ratification required eleven state approvals, the last required being given by Virginia in December of 1791. CONTENTS New Hampshire Constitution 1 Index to Constitutional Amendments 35 Chief Executives 37 Executive Councilors 39 State Senators 45 Justices of Supreme Court 78 Justices of Superior Court 81 United States Senators 83 Members of Continental Congress 85 Members of U.S. House of Representatives 85 Presidents of the Senate 90 Senate Clerks 92 Speakers of the House of Representatives 93 House Clerks 95 Department of State 95 Treasury 97 Attorneys-General 98 Presidential Electors 101 Population and Area 107 Towns and Wards Elective Districts 112 Voter Turnout 121 Direct Primary 127 General Election 225 Constitutional Amendment Question 298 State Government 307 Index to State Government Section 436 CONSTITUTION OF NEW HAMPSHIRE ESTABLISHED OCTOBER 31, 1783 TO TAKE EFFECT JUNE 2, 1784 AS SUBSEQUENTLY AMENDED AND IN FORCE DECEMBER 1990 PART FIRST- BILL OF RIGHTS Article 1. Equality of men; origin and 27. Quartering of soldiers. object of government. 28. Taxes, by whom levied. 2. Natural rights. 28-a. Mandated programs. 2-a. The bearing of arms. 29. Suspension of laws by 3. Society, its organization legislature only. and purposes. 30. Freedom of speech. 4. Rights of conscience unalien- 31. Meetings of legislature, able. for what purposes. 5. Religious freedom recognized. 32. Rights of assembly, 6. Morality and piety. instruction, and petition. 7. State sovereignty. 33. Excessive bail, fines, and 8. Accountability of magistrates punishments prohibited. and officers; public's right 34. Martial law limited. to know. 35. The judiciary; tenure of 9. No hereditary office or place. office, etc. 10. Right of revolution. 36. Pensions. 11. Elections and elective 36-a. Use of retirement funds. franchises. 37. Separation of powers. 12. Protection and taxation 38. Social virtues inculcated. reciprocal. 39. Changes in town and city 13. Conscientious objectors not charters; referendum required. compelled to bear arms. 14. Legal remedies to be free, complete, and prompt. PART SECOND- 15. Right of accused. FORM OF GOVERNMENT 16. Former jeopardy; jury trial 1. Name of body politic. in capital cases. 2. Legislature, how constituted. 17. Venue of criminal prosecu- 3. General court, when to meet tion. and dissolve. 18. Penalties to be proportioned 4. Power of general court to to offenses; true design of establish courts. punishment. 5. Power to make laws, elect 19. Searches and seizures reg- officers, define their ulated. powers and duties, impose 20. Jury trial in civil causes. fines, and assess taxes; pro- 21. Jurors; compensation. hibited from authorizing towns 22. Free speech; liberty of the to aid certain corporations. press. 5-a. Continuity of government in 23. Retrospective laws prohib- case of enemy attack. ited. 5-b. Power to provide for tax val- 24. Militia. uations based on use. 25. Standing armies. 6. Valuation and taxation. 26. Military, subject to civil 6-a. Use of certain revenues re- power. stricted to highways. NEW HAMPSHIRE MANUAL 6-b. Money received from lotteries to SENATE be used for educational purposes 25. Senate; how constituted. 26. Senatorial how con- only. districts, stituted. 7. Members of legislature not to or take fees or act as counsel. 26-a. Division of town, ward, senatorial districts. 8. Open sessions of legislature. place; 27. Election of senators. 28. [Repealed, 1976.] HOUSE OF 29. Qualifications of senators. REPRESENTATIVES 30. Inhabitant defined. 9. Representatives elected every 31. Inhabitants of unincorporated second year; apportionment of places; their rights, etc. representatives. 32. Biennial meetings, how 9-a. Legislative adjustments of warned, governed, and census with reference to conducted; return of votes, non-residents. etc. 10. [Repealed, 1889.] 33. Secretary of state to count 11. Small towns, representation votes for senators and notify by districts. persons elected. 11-a. Division of town, ward, or 34. Vacancies in senate, how place; representative districts. filled. 12. Biennial election of repre- 35. Senate, judges of their own sentatives in November. elections. 13. [Repealed, 1976.] 36. Adjournment. 14. Representatives, how elected, 37. Senate to elect their own qualifications of. officers; quorum. 15. Compensation of the legislature. 38. Senate to try impeachments; 16. Vacancies in house, how filled. mode of proceeding. 17. House to impeach before the 39. Judgment on impeachment senate. limited. 18. Money bills to originate in 40. Chief justice to preside on house. impeachment of governor. 18-a. Budget bills.