The State of New Hampshire CONVENTION TO REVISE THE CONSTITUTION NOVEMBER 1850 Published by the State of New Hampshire, Secretary of State, Concord, New Hampshire 03301 2005 OFFICERS OF THE CONVENTION –––––––––––– President FRANKLIN PIERCE of Concord Secretary THOMAS WHIPPLE of Laconia Assistant Secretary CHARLES H. BELL of Exeter Chaplain THE REVEREND LEVI W. LEONARD of Dublin Doorkeepers IRA R. PHILBRICK of Gilmanton DAVID HARRIS of Swanzey INTRODUCTION Although the delegates to New Hampshire’s Fifth Constitutional Conven- tion called for the printing of its journal the task was never completed. Ever since the manuscript was relocated to the State Archives in 1980, its existence then unknown to living researchers, it has been our intention that it be printed to take its place on the shelf with the journals of our other constitutional conventions. The 1850 convention effectively changed the constitution very little, but it attracts our attention because several of the major items of discussion are the same subjects that command our attention today over a century and a half later. The funding of public education, the structure of the judicial system, and the details of choosing state officials are dominant topics in these pages. The president of the convention, Franklin Pierce who repre- sented Concord, went on to become New Hampshire’s only native son to occupy the White House as our 14th president from 1853 to1857. At the end of the convention, in April 1851, the delegates paid tribute to Pierce for his tremendous service in holding them together and in guiding their course. It is in honor and celebration of Pierce’s 200th birthday [born November 23, 1804] that we now publish this record as part of our state’s history. Over six decades had passed since the 1783–1784 constitution was ap- proved by the voters and it was more than a half century since the previous convention in 1792 had proposed several amendments many of which were approved. Reference is made in these pages to the only surviving member of that convention—attorney William Plumer of Epping who was over 90 years old in 1850. Plumer’s son, William Plumer, Jr., a member from Ep- ping, played a prominent role in the 1850 convention. It is anticipated and expected that this volume will add to our capacity to research our rich political history by making more accessible the ideas and opinions of those who came before us and helped make New Hamp- shire what it is today. William M. Gardner, Secretary of State Concord, November 23, 2005 vi JOURNAL OF CONSTITUTIONAL CONVENTION EDITORIAL NOTE Not until 1980 was the original manuscript record of this journal even known to exist to the then active political or historical community. It was found deep in the bowels of the State Archives vault which then was a disorganized collection of records placed there during the intervening years since the building’s constrution in 1962. While carrying out a project funded largely by the National Historical Publications and Records Com- mission to organize the vault I found the volume among other dust-bound records. The volume is large, “16 x 11,” with 636 numbered pages plus some unnumbered, making it about 3" thick at the spine. The binding is in fair shape. The black ink on thickish blue paper is eminently readable. We now keep it flat in a lidded document case in the atmospherically-controlled and fire-resistant vault on metal shelving. We have transcribed the journal literally from the manuscript with only one notable exception. Whether it was the convention secretary, Thomas Jefferson Whipple, or whoever, the scribe wrote “buisness” throughout the entire manuscript. Since the word appears hundreds of times, and since it is more than apparent that the scribe was an intelligent and highly liter- ate individual, we have taken the liberty of spelling “business” correctly throughout the published version. In the few instances where grammatical marks were inadvertently omitted we have put them in where needed tak- ing care in the process not to undermine any meaning that resulted from these grammatical marks or from their omission. Conversion of the manuscript into typescript was a project carried out by the entire Archives staff. Special appreciation is acknowledged to Levi B. Burford of Antrim, John K. Frisbee of Concord, William G. Gardner of Manchester, Douglas R. Gourley of Hopkinton, John F. Penney of At- kinson, and Benoit P. Shoja of Nashua. This team typed the manuscript following its original format, placed it in an electronic database and onto a computer disk, and proofread it in its entirety. Thanks go also to our pub- lishing consultant, Sidney Hall of Brookline, who oversaw its final design and conversion into print and bound pages. The manuscript volume remains accessible for public research at the State Archives where the staff accepts responsibility for any errors in tran- scription. Frank C. Mevers, State Archivist Journal of the Convention to Revise the Constitution of the State of New Hampshire November 6, 1850. _____________________________ On Wednesday the sixth day of November in the year of our Lord one thou- sand eight hundred and fifty, being the day fixed upon for the meeting of the Con- vention to revise the Constitution of the State of New Hampshire, agreeably to the provisions of the act passed June session A. D. 1850, a quorum of the members elect assembled in the Hall of the House of Representatives The Convention was called to order at ten o’clock in the forenoon, by Mr Ayer of Manchester. On motion of Mr Ayer of Manchester Resolved, That the Honorable Ichabod Bartlett of Portsmouth be appointed Chairman to preside over this Convention pending the organisation thereof. Mr Bartlett of Portsmouth in the chair. On motion of Mr Sawyer of Nashua Resolved, That Samuel P. Montgomery be appointed temporary Secretary of this Convention. On motion of Mr J. H. Steele of Peterborough Resolved, That a committee of two from each County be appointed to receive and examine the credentials of delegates elect and to report to this Convention the names of those who are entitled to act in the organisation thereof. Ordered, That Messrs John H. Steele and George Y. Sawyer of Hillsborough, William Plumer Jr. and Uri Lamprey of Rockingham, Joseph Tuttle and John H. Wiggin of Strafford, George W. Nesmith and Edward Langmaid of Merrimack, Levi Cham- berlain and Charles Symonds of Cheshire, Nathan Mudgett and Daniel M. Smith JOURNAL OF CONSTITUTIONAL CONVENTION of Sullivan, Jeremiah Blodgett and Robert Kimball of Grafton, Joel Eastman and Thomas W. Mordo of Carroll, James Bell and Joshua L. Woodman of Belknap, John H. White and B. H. Plaisted of Coos be the Committee. On motion of Mr Atherton of Nashville Resolved, That when the Convention adjourns in the forenoon, it adjourn to meet again at three o’clock in the afternoon, and when it adjourns in the afternoon, it shall adjourn to meet at ten o’clock the next morning until otherwise ordered by the Convention. On motion of Mr Jenness of Strafford— The Convention adjourned. _____________________________ Afternoon. Mr John H. Steele from the committee to receive and examine the credentials of members elect and report the names of those who are entitled to act in the organi- sation of the Convention, made the following Report: The committee on Credentials report, that prima facie evidence has been pre- sented to them of the election of the following named persons as Delegates to this Convention. Jno. H. Steele, for the committee. Rockingham County. Atkinson Richard Greenough. Auburn David Currier. Brentwood Joseph Graves. Candia Jonathan Martin. Chester John White. Danville David Griffin. Deerfield Israel N. Gale, E. F. Stevens Jr. Derry Joseph A. Gregg, Elbridge G. Perham. East Kingston Josiah Morrill. Epping William Plumer Jr. Exeter Gilman Marstin, John Kelley, J. G. Hoyt. Greenland Theodore A. Burleigh. Hampton Uri Lamprey. Hampton Falls George H. Dodge. Kensington Jeremy Batchelder. Kingston John Page. WEDNESDAY, NOVEMBER 6, 1850 Londonderry Charles Hurd, John N. Anderson. New Castle John Tarlton Jr. Newington Thomas G. Furber. New Market John Perkins, Elijah Knight. Newton John Hoit. North Hampton Moses L. Hobbs. Northwood Hollis J. Clark. Nottingham Bradbury Bartlett. Plaistow Reuben Peaslee. Poplin Daniel Bedee. Portsmouth Ward No. 1. Levi Woodbury, James Ayers; No. 2. Ichabod Bartlett, Ichabod Goodwin, Charles W. Brewster; No. 3. Nehe- miah Moses, Levi Moses. Raymond Daniel Scribner. Salem Moores Bailey. Sandown Thomas Colton. Seabrook William Sanborn. South Hampton Thomas J. Goodwin. South New Market George O. Hilton. Stratham George Wingate. Strafford County. Barrington Levi Felker, Jacob D. Foss. Dover Thomas E. Sawyer, Andrew Pierce, Shubael Varney, Asa Free- man, William Plaisted Drew, John H. Wiggins. Durham William J. Chesley. Farmington Hiram Barker, Jeremiah Roberts. Lee Joseph Tuttle. Madbury Reuben Hayes Jr. Milton Robert Mathes. New Durham Samuel Downing Jr. Rochester Benjamin H. Jones, L. D. Day. Rollinsford John B. Wentworth. Somersworth James Coleman, Augustus Cushing, Nathaniel Wells. Strafford B. W. Jenness, S. P. Montgomery. Belknap County. Alton Henry Hurde, Jonathan P. Hill. Barnstead Robert P. Webster, Enoch Clark. Gilford James Bell, Charles Lane. Gilmanton Finley W. Robinson, Sylvester H. French, Peter Perkins. Meredith John Wadleigh, Noah Pease, Samuel Bean. New Hampton Joshua L. Woodman. Sanbornton David Shaw, James P. Tilton, Simon R. Morrison. JOURNAL OF CONSTITUTIONAL CONVENTION Carroll County. Albany James Ham. Brookfield John Churchill. Chatham Russell Charles. Eaton Joseph E. Perkins. Effingham Jeremiah Leavitt. Freedom Elias Rice. Moultonborough Jonathan L. Moulton. Ossipee John Brown, Sanborn B. Carter. Sandwich John Wentworth, Lewis Smith. Tamworth True Perkins. Tuftonborough Abel Haley. Wakefield Thomas W. Mordough. Wolfborough Thomas L. Whitten, Henry B. Rust. Merrimack County. Allenstown Daniel Batchelder. Andover Watson Dickerson.