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personal service, when necessary, or an equivalent. But no part of a man's property shall be taken from him or applied to public uses without his own consent or that of the representative body of the people. Nor are the inhabitants of this state controllable by any other laws than those to which they or their representative body have given their consent.

ART. 13. No person who is conscientiously scrupulous about the lawfuness of bearing arms shall be compelled thereto, provided he will pay an equivalent.

ART. 14. Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property or character; to obtain right and justice freely, without being obliged to purchase it; completely and without any denial; promptly, and without delay; conformably to the laws.

ART. 15. No subject shall be held to answer for any crime or offens until the same is fully and plainly, substantially and formally, described to him, or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favorable to himself, to meet the witnesses against him face to face, and to be fully heard in his defense by himself and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers or the law of the land.

ART. 16. No subject shall be liable to be tried, after an acquittal, for the same crime or offense; nor shall the legislature make any law that shal subject any person to a capital punishment (excepting for the government of the army and navy, and the militia in actual service) without trial by jury.

ART. 17. In criminal prosecutions, the trial of facts in the vicinity wher they happen is so essential to the security of the life, liberty, and estate the citizen, that no crime or offense ought to be tried in any other county than that in which it is committed, except in cases of general insurrection any particular county, when it shall appear to the judges of the superior court that an impartial trial cannot be had in the county where the offens may be committer, and, upon their report, the [legislature]4 shall think proper to direct the trial in the nearest county in which an impartial trial can obtained.

ART. 18. All penalties ought to be proportioned to the nature of th offense. No wise legislature will affix the same punishment to the crime of theft, forgery, and the like, which they do to those of murder and treason Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves and to commit the most flagrant with as little compunction as they do the lightest offenses.]6 For the same reason, a multitude of sanguinary law is both impolitic and unjust, the true design of all punishments being reform, not to exterminate, mankind.

ART. 19. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his ps sessions. Therefore, all warrants to search suspected places or arrest a per son for examination or trial, in prosecutions for criminal matters, are e trary to this right, if the cause or foundation of them be not previously sup ported by oath or affirmation, and if the order, in a warrant to a civil officeți to make search in suspected places or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation the person or object of search, arrest, or seizure; and no warrant ought t be issued but in cases and with the formalities prescribed by law.7

ART. 20. In all controversies concerning property and in all suits betwee

4 Substituted for "assembly" in 1793.

The words "those of" stricken out in 1793.

The word "offenses" was substituted for the word "dye" in 1793.

7 Article 19 was substituted for the original article 19 in 1793.

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e persons, except in cases in which it has been heretofore othernd practiced, [and except in cases in which the value in controhot exceed one hundred dollars and title of real estate is not cone parties have a right to trial by jury; and this method of probe held sacred, unless, in cases arising on the high seas and ate to mariners' wages, the legislature shall think it necessary alter it.

In order to reap the fullest advantage of the inestimable priv1 by jury, great care ought to be taken that none but qualified uld be appointed to serve; and such ought to [be]9 fully comtheir travel, time, and attendance.

The liberty of the press is essential to the security of freedom it ought, therefore, to be inviolably preserved.

Retrospective laws are highly injurious, oppressive, and unjust. s, therefore, should be made, either for the decision of civil causes hment of offenses.

A well-regulated militia is the proper, natural, and sure defense

Standing armies are dangerous to liberty, and ought not to be pt up without the consent of the legislature.

In all cases and at all times, the military ought to be under lination to, and governed by, the civil power.

No soldier, in time of peace, shall be quartered in any house consent of the owner; and, in time of war, such quarters ought ade but by the civil magistrate, in a manner ordained by the

No subsidy, charge, tax, impost, or duty shall be established, r levied, under any pretext whatsoever, without the consent of their representatives in the legislature, or authority derived from

The power of suspending the laws or the execution of them to be exercised but by the legislature, or by authority derived be exercised in such particular cases only as the legislature sly provide for.

The freedom of deliberation, speech, and debate in either house ture is so essential to the rights of the people, that it cannot be on of any action, complaint, or prosecution in any other court or

ever.

The legislature shall assemble for the redress of public grievor making such laws as the public good may require.10

The people have a right, in an orderly and peaceable manner, and consult upon the common good, give instructions to their es, and to request of the legislative body, by way of petition or redress of the wrongs done them, and of the grievances they

No magistrate or court of law shall demand excessive bail or ose excessive fines or inflict cruel or unusual punishments.

No person can in any case be subjected to law martial or to penalties by virtue of that law, except those employed in the y, and except the militia in actual service, but by authority of

re.

It is essential to the preservation of the rights of every indiife, liberty, property, and character, that there be an impartial of the laws and administration of justice. It is the right of to be tried by judges as impartial as the lot of humanity will therefore, not only the best policy, but for the security of the people, that the judges of the supreme judicial court should hold

in 1877.

ngrossed copy of 1793.

31 was substituted for the original article 31 in 1793.

their offices so long as they behave well, subject, however, to such limita tions on account of age as may be provided by the constitution of the state: and that they should have honorable salaries, ascertained and established by standing laws.11

ART. 36. Economy being a most essential virtue in all states, especially in a young one, no pension should be granted but in consideration of actual services; and such pensions ought to be granted with great caution by the legislature, and never for more than one year at a time.

ART. 37. In the government of this state, the three essential powers thereof to wit, the legislative, executive, and judicial-ought to be kept as separate from, and independent of, each other as the nature of a free govern ment will admit or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity.

ART. 38. A frequent recurrence to the fundamental principles of the com stitution and a constant adherence to justice, moderation, temperance, indus try, frugality, and all the social virtues, are indispensably necessary to pre serve the blessings of liberty and good government. The people ought, there fore, to have a particular regard to all those principles in the choice of their officers and representatives; and they have a right to require of their lawgivers and magistrates an exact and constant observance of them in the formation and execution of the laws necessary for the good administration of government.

PART SECOND.

FORM OF GOVERNMENT.

ARTICLE 1.12 The people inhabiting the territory formerly called The Province of New Hampshire do hereby solemnly and mutually agree with each other to form themselves into a free, sovereign, and independent body politic, or state. by the name of THE STATE OF NEW HAMPSHIRE.

GENERAL COURT.

ART. 2. The supreme legislative power within this state shall be vestes. in the senate and house of representatives, each of which shall have a negative on the other.

ART. 3. The senate and house shall assemble [biennially,]18 on the first Wednesday of [January]14 and at such other times as they may judge neces sary, and shall dissolve and be dissolved seven days next preceding the sai first Wednesday of [January]14 [biennially.]15 and shall be styled THE GEN ERAL COURT OF NEW HAMPSHIRE,

ART. 4. The general court shall forever have full power and authorit to erect and constitute judicatories and courts of record or other courts, b be holden in the name of the state, for the hearing, trying, and determining all manner of crimes, offenses, pleas, processes, plaints, actions, causes, mat ters, and things whatsoever, arising or happening within this state, or b tween or concerning persons inhabiting, or residing, or brought within the same, or whether the same be criminal or civil, or whether the crimes ì» capital or not capital, and whether the said pleas be real, personal, or mixei and for the awarding and issuing execution thereon; to which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations for the better discovery at truth in any matter in controversy or depending before them.

ART. 5. And, further, full power and authority are hereby given and granted to the said general court, from time to time to make, ordain, and

11 Article 35 was substituted for the original article 35 in 1793.

12 The word or abbreviation "Art." in this and the following articles was first serted in the revised statutes of 1842.

13 Substituted for "every year" in 1879.

14 Substituted for "June" in 1889.

15 Substituted for "annually" in 1879.

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establish all manner of wholesome and reasonable orders, laws, statutes, ordilances, directions, and instructions, either with penalties or without, so he same be not repugnant or contrary to this constitution, as they may judge br the benefit and welfare of this state and for the governing and ordering hereof and of the subjects of the same, for the necessary support and deense of the government thereof; and to name and settle [biennially,]16 or rovide by fixed laws for the naming and settling all civil officers within this tate, such officers excepted the election and appointment of whom are herefter in this form of government otherwise provided for; and to set forth je several duties, powers, and limits of the several civil and military officers this state, and the forms of such oaths or affirmations as shall be rejectively administered unto them for the execution of their several offices ad places, so as the same be not repugnant or contrary to this constitution; d, also, to impose fines, mulets, imprisonments, and other punishments; and impose and levy proportional and reasonable assessments, rates, and taxes on all the inhabitants of, and residents within, the said state, and upon 4 estates within the same, to be issued and disposed of by warrant, under e hand of the [governor] 17 of this state for the time being, with the advice d consent of the council, for the public service, in the necessary defense d support of the government of this state and the protection and preservan of the subjects thereof, according to such acts as are or shall be in force thin the same. [Provided, that the general court shall not authorize any yn to loan or give its money or credit, directly or indirectly, for the benof any corporation having for its object a dividend of profits, or in any aid the same by taking its stock or bonds.]18

ART. 6. The public charges of government or any part thereof may be sed by taxation upon polls, estates, and other classes of property, including nchises and property when passing by will or inheritance; and there shall a valuation of the estates within the state taken anew once in every five irs, at least, and as much oftener as the general court shall order.19

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ABT. 7. No member of the general court shall take fees, be of counsel act as advocate in any cause before either branch of the legislature; and, in due proof thereof, such member shall forfeit his seat in the legislature.20 ART. 8. The doors of the galleries of each house of the legislature shall kept open to all persons who behave decently, except when the welfare the state, in the opinion of either branch, shall require secrecy.21

HOUSE OF REPRESENTATIVES.22

ART. 9. There shall be, in the legislature of this state, a representation the people, biennially elected, and founded upon principles of equality, 1, in order that such representation may be as equal as circumstances will nit, every town, or place entitled to town privileges, and wards of cities ing six hundred inhabitants by the last general census of the state, taken authority of the United States, or of this state, may elect one representae; if eighteen hundred such inhabitants, may elect two representatives; so proceeding in that proportion, making twelve hundred such inhabiits the mean increasing number for any additional representative: proed. that no town shall be divided or the boundaries of the wards of any y so altered as to increase the number of representatives to which such in or city may be entitled by the next preceding census; and provided, ther, that. to those towns and cities which since the last census have been ided or had their boundaries or ward lines changed, the general court, session next before these amendments shall take effect, shall equitably

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First inserted in the copy of the constitution in the general laws of 1878, apently without authority.

Substituted for "president" in 1793.

The proviso was added in 1879.

The whole of article 6 was re-written in 1902.

909

Inserted in 1793.

Inserted in 1793.

Provisions under this head followed those under head "Senate" prior to 1793.

apportion representation in such manner that the number shall not be greater than it would have been had no such division or alteration been made.23

ART. 10. Whenever any town, place, or city ward shall have less than six hundred such inhabitants, 24 the general court [shall]25 authorize suel town, place or ward to elect and send to the general court la representative] such proportionate part of the time as the number of its inhabitants shal! bear to six hundred; but the general court shall not authorize any [such]2 town, place or ward to elect and send such representative, except as hereit provided.27

ART. 11. The members of the house of representatives shall be chosen [biennially,]28 in the month of November.]29 and shall be the second branel of the legislature.

ART. 12. All persons qualified to vote in the election of senators shall be entitled to vote, within the30 district31 where they dwell, in the choice of representatives.

ART. 13. Every member of the house of representatives shall be chose by ballot, and, for two years, at least, next preceding his election, shall have been an inhabitant of this state:32 shall be, at the time of his election, an inhabitant of the town, parish, or place he may be chosen to represent:** and shall cease to represent such town, parish, or place immediately on his ceasing to be qualified as aforesaid.

ART. 14. The presiding officers of both houses of the legislature sha severally receive out of the state treasury as compensation in full for thet services, for the term elected, the sum of two hundred and fifty dollars, and all other members thereof seasonably attending and not departing without license, the sum of two hundred dollars, exclusive of mileage: provided, however, that when a special session shall be called by the governor, such officers and members shall receive for attendance an additional compensation of three dollars per day for a period not exceeding fifteen days, and the us mileage.34

ART. 15. All intermediate vacancies in the house of representatives may be filled up from time to time in the same manner as [biennial]35 elections are made.

ᎪᎡᎢ, 16, The house of representatives shall be the grand inquest of the state, and all impeachments made by them shall be heard and tried by the senate.

ART. 17. All money bills shall originate in the house of representatives but the senate may propose or concur with amendments, as on other bills. ART. 18. The house of representatives shall have power to adjourn the selves, but no longer than two days at a time.

ART. 19. A majority of the members of the house of representatives stll be a quorum for doing business, but, when less than two-thirds of the repres sentatives elected shall be present, the assent of two-thirds of those membe shall be necessary to render their acts and proceedings valid.

Substituted for the original article 9 in 1878.

24 The clause "and be so situated that it cannot conveniently be classed with ang other town, place, or ward" was stricken out in 1889.

25 Substituted for "may" in 1889.

26 Inserted in 1889.

The original article 10 was stricken out in 1889, and from this article onwa the articles were renumbered.

Substituted for "annually" in 1878.

20 Substituted for "March" in 1878.

The word "town" left out in the engrossed copy of 1793, apparently witho authority.

31 The words "parish or place" left out in the engrossed copy in 1793, apparent! without authority.

The words "shall have an estate within the town, parish or place which he ... be chosen to represent of the value of one hundred pounds, one-half of which to be * freehold whereof he is seized in his own right" was stricken out in 1852.

The words "shall be of the Protestant religion" stricken out in 1897.

34 Section 1 of Amendment 26 of 1793, which was substituted for the origi..' Article 6 under "House of Representatives," was stricken out and the above arts inserted in 1889.

Substituted for "annual" in 1878.

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