CONGRESS AT EXETER,
January 5, 1776.
VOTED, That this Congress take up CIVIL
GOVERNMENT for this colony in manner and form following, viz.
WE, the members of the Congress of New
Hampshire, chosen and appointed by the free suffrages of the people of
said colony, and authorized and empowered by them to meet together, and
use such means and pursue such measures as we should judge best for the
public good; and in particular to establish some form of government,
provided that measure should be recommended by the Continental Congress:
And a recommendation to that purpose having been transmitted to us from
the said Congress: Have taken into our serious consideration the unhappy
circumstances, into which this colony is involved by means of many
grievous and oppressive acts of the British Parliament, depriving us of
our natural and constitutional rights and privileges; to enforce
obedience to which acts a powerful fleet and army have been sent to this
country by the ministry of Great Britain, who have exercised a wanton
and cruel abuse of their power, in destroying the lives and properties
of the colonists in many places with fire and sword, taking the ships
and lading from many of the honest and industrious inhabitants of this
colony employed in commerce, agreeable to the laws and customs a long
time used here.
The sudden and abrupt departure of his
Excellency John Wentworth, Esq., our late Governor, and several of the
Council, leaving us destitute of legislation, and no executive courts
being open to punish criminal offenders; whereby the lives and
properties of the honest people of this colony are liable to the
machinations and evil designs of wicked men, Therefore, for the
preservation of peace and good order, and for the security of the lives
and properties of the inhabitants of this colony, we conceive ourselves
reduced to the necessity of establishing A FORM OF GOVERNMENT to
continue during the present unhappy and unnatural contest with Great
Britain; PROTESTING and DECLARING that we never sought to throw off our
dependence upon Great Britain, but felt ourselves happy under her
protection, while we could enjoy our constitutional rights and
privileges. And that we shall rejoice if such a reconciliation between
us and our parent State can be effected as shall be approved by the
CONTINENTAL CONGRESS, in whose prudence and wisdom we confide.
Accordingly pursuant to the trust reposed in us,
WE DO Resolve, that this Congress assume the name, power and authority
of a house of Representatives or Assembly for the Colony of
New-Hampshire And that said House then proceed to choose twelve
persons, being. reputable freeholders and inhabitants within this
colony, in the following manner, viz. five in the county of Rockingham,
two in the county of Stratford, two in the county of Hillsborough, two
in the county of Cheshire, and one in the county of Grafton, to be a
distinct and separate branch of the Legislature by the name of a COUNCIL
for this colony, to continue as such until the third Wednesday in
December next; any seven of whom to be a quorum to do business. That
such Council appoint their President, and in his absence that the senior
counselor preside; that a Secretary be appointed by both branches, who
may be a counselor, or otherwise, as they shall choose:
That no act or resolve shall be valid and put
into execution unless agreed to, and passed by both branches of the
legislature
That all public officers for the said colony,
and each county, for the current year, be appointed by the Council and
Assembly, except the several clerks of the Executive Courts, who shall
be appointed by the Justices of the respective Courts.
That all bills, resolves, or votes for raising,
levying and collecting money originate in the house of Representatives.
That at any session of the Council and Assembly
neither branch shall adjourn from any longer time than from Saturday
till the next Monday without consent of the other.
And it is further resolved, That if the
present unhappy dispute with Great Britain should continue longer than
this present year, and the Continental Congress give no instruction or
direction to the contrary, the Council be chosen by the people of each
respective county in such manner as the Council and house of
Representatives shall order.
That general and field officers of the militia,
on any vacancy, be appointed by the two houses, and all inferior
officers be chosen by the respective companies.
That all officers of the Army be appointed by
the two houses, except they should direct otherwise in case of any
emergency.
That all civil officers for the colony and for
each county be appointed, and the time of their continuance in office be
determined by the two houses, except clerks of Courts, and county
treasurers, and recorders of deeds.
That a treasurer, and a recorder of deeds for
each county be annually chosen by the people of each county
respectively; the votes for such officers to be returned to the
respective courts of General Sessions of the Peace in the county, there
to be ascertained as the Council and Assembly shall hereafter direct.
That precepts in the name of the Council and
Assembly, signed by the President of the Council, and Speaker of the
house of Representatives, shall issue annually at or before the first
day of November, for the choice of a Council and house of
Representatives to be returned by the third Wednesday in December then
next ensuing, in such manner as the Council and Assembly shall hereafter
prescribe.
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