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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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both as to law and fact, with such exceptions, and under such reg-
ulations as the congress shall make.

The trial of all crimes, except in cases of impeachment, shall
be by jury ; and such trial shall be held in the state where the said
crimes shall have been committed ; but when not committed with-
in any state, the trial shall be at such place or places as the coa-
gress may by law have directed.

Sec. 8. Treason against the United States shall consist only
in levying war against them, or in adhering to their enemies, giv-
ing them aid and comfort. No person sh^ be convicted of trea-
son, unless on the testimony of two witnesses to the same overt
act, or on confession in open court

The congress shall have power to declare the punishment of
treason ; but no attainder of treason shall work corruption of blood,
or forfeiture, except during the life of the person attainted.

ARTICLE IV.

Section 1. Full faith and credit shall be given in each state
to^the public acts, records and judicial proceemngs of every oihet
state. And the congress may by general laws prescribe the man-
ner in which such acts, records and proceedings shall be proved,
and the effect thereofl

Seo. 2. The citizens of each state shall be entitled to all privi-
leges and iminunities of citizens in the several states.

A person charged in any state with treason, felony or other
crime, who shall flee from justice and be found in another state,
shall, on demand of the executive authority of the state from
which he fled, be delivered up to be removed to the state having
jurisdiction of the crime.

No person held to service or labor in one state, under the laws
thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but
shall be delivered up on claim of the party to whom such service
or labor may be due.

Sec. 3. New states may be admitted by the congress into
this union ; but no new state shall be formed or erected within the
jurisdiction of any other state, nor any state be formed by the
junction of two or more states, or parts of states, without the con-



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CONSTITUTION OF THE UNITEP 3TATE8. 11

sent of the legislature of the states concemedy as well as of the
congress.

The congress shall have power to dispose of and make all
needful rules and regulations respecting the territory or other prop-
erty belonging to the United States ; and nothing; m this constitu-
tion shall be so construed as to prejudice any claims of the United
States, or of any particular state.

Sec 4. The United States shall guarantee to every state in
this union a republican form of government, and shall protect each
of them against invasion ; and on application of the legislature,
or of the executive, (when the legislature cannot be convened,)
against domestic violence.

ARTICLE V.

The congress, whenever two thirds of both houses shall deem
it necessary, shall propose amendments to this constitution, or on
the application of the legislatures of two thirds of the several
states, shall call a convention for proposing amendments, which in
either case, shall be valid to all mtents and purposes, as part of
this constitution, when ratified by the legislatures of three fourths
of the several slates, or by conventions in three fourths thereof, as
the one or the other mode of ratification may be proposed by the
congress; provided, that no amendments which may be made
prior to the year one thousand eight hundred and eight, shall in
any manner afiect the first and fourth clauses in the ninth section
of the first article ; and that no state, without its consent, shall be
deprived of its equal suffrage in the senate.

ARTICLE VI.

All debts contracted, and engagements entered into, before the
adoption of this constitution, shall be as valid against the United
States under this constitution, as under the confederation.

This constitution, and the laws of the United States which shall
be made in pursuance thereof, and all treaties made, or which shall
be made under the authority of the United States, shaU be the su-
preme law of the land; and the judges in every state shall be
bound thereby ; anything in the constitution or laws of any state
to the contrary notwithstanding.

The senators and represen&tives before mentioned, and the
members of the several state legislatures, and all executive and
judicial officers, both of the United States and of the several states, .
Aall be bound by oath or affirmation to support this constitution ;
but no religious test shall ever be required as a qualification to any
(^oe or public trust under the United States.



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12 CONSTITUTION OP THE UNITED STATES.

ARTICLE Va

The ratification of the conventions of nine states shall be suffi-
cient for the establishment of this constitution between the states
so ratifying the same.



ARTICLES,

Li addition to^ and amendment of^ the constitution of the United
Statesj ratified by the legislatures of the several states, pursuant
to the fifth article of the original constitution.

L Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof, or abridging the
freedom of speech, or of the press, or the right of the people peace-
ably to assemble and to petition the government for a redress of
grievances.

IL A well regulated militia being necessary to the security of
a free state, the right of the people to keep and bear arms shall
not be infringed.

III. No soldier shall, in time of peace, be quartered in any
house, without the consent of the owner ; nor in time of war, but
in a manner to be prescribed by law.

IV. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures, shall
not be violated, and no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and pairticularly describing
the place to be searched, and the persons or things to be seized.

V. No person shall be held to answer for a capital or otherwise
infamous crime, unless on a presentment or indictment of a grand
jurV) except in cases arising in the land or naval forces, or in the
militia when in actual service, in time of war or public danger ;
nor shall any person be subject for the same offence to be twice
put in jeopsurdy of life or limb ; nor shall be compelled, in any
GriminaJ case, to be a witness against himself; nor be deprived of
life, liberty or property, without due process of law ; nor shall pri-
vate property be taken for public use without just compensation.

VL In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the state
and dbtrict wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation ; to be con-
fronted with the witnesses against him ; to have compulsory pro-



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CONSTITUTION OF THB UNITED STATES. 13

cess for obtaining witnesses in his favor, and to have the assistance
of counsel in his defence.

VIL In suits at common law, where the value in controve|»y
shall exceed twenty dollars, the right of trial by jnry shall be pre-
served, and no fact tried bv a jury shall be otherwise reexamined
in any court of the United States, than according to the rules of
the common law.

VIII. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.

IX. The enumeration in the constitution of certain rights, shall
not be construed to deny or disparage others retained by the people.

X. The powers not delegated to the United States by the con-
stitution, nor prohibited by it to the states, are reserved to the
states respectively, or to the people.

XL The judicial power qf the United States shall not be con-
strued to extend to any suit, in law or equity, commenced or pros-
ecuted against one of the United States by citizens of another
state, or by citizens or subjects of any foreign state.

XII. The electors shall meet in their respective states, and vote
by ballot for president and vice-president, one of whom at least
shall uot be an inhabitant of the same state with themselves ; they
shall name in their ballots the person voted for as president, and
in distinct ballots the person voted for as vice-president ; and they
shall make distinct lists of all persons voted for as president, and
of all persons voted for as vice-president, and of the number of
votes for each, which lists they shall si^n and certify, and transmit
sealed to the seat of the government of the United States, direct-
ed to the president of the senate ; the president of the senate
shall, in the presence of the senate and house of representatives,
open all the certificates, and the votes shall then be counted ; the
person having the greatest number of votes for president shall be
the president, if such number be a majority of the whole number
of electors appointed ; and if no person have such ipajority, then,
firom the persons having the highest numbers, not exceeding three,
on the list of those voted for as president, the house of repre-
sentatives shall choose immediately, by ballot, the president ; but
in choosing the president, the votes shall be taken by states, the
representation from each state having one vote ; a quorum for this
purpose shall consist of a member or members from two thirds of
the states, and a. majority of all the states shall be necessary to a
choice ; and if the house of representatives shall not choose a
president, whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the vice-



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14 CONBTITITTION OP THE UNITED STATES.

president shall act as president, as in case of the death or other
constitutional disability of the president.

The person having the greatest number of votes as vice-presi-
dent, shall be the vice-president, if such number be a majority of
the whole number of electors appointed, and if no person have a
majority, then, from the two highest numbers on the list, the sen-
ate shall choose the vice-president; a quorum for the purpose
shall consist of two thirds of the whole number of senators, and a
mmority of the whole number shall be necessary to a choice.

But no person constitutionally ineligible to the office of presi-
dent, shall be eligible to that of vice-president of the United
States.



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CONSTITUTION



OF



NEW HAMPSHIRE



▲PPBOVEB BY THB PEOPLE, AND ESTABLISHED BT CONVENTION,
FIFTH OF SEPTEMBER,* 1792«



PABT FIBST.

BILL OF BIQHTS.
AxncLB 1. An men bom free ; all gof-

enunent originates fh>m the people.
AxT. t. Katuml rights of men.
AxT. 3. Natural rights when sanendetecL
Am. 4. Some rights uialienable, as those

off conaciepffe.
Ajrr. 5. Beligions freedom recognised.
Art. 0. The snpport of the ministiy.
Amx. 7. SoTereigntyof the state.
Art. 8. All officers are serrants of the

pec^le.
Art. 9. No office to be hereditary.
Art. 10. GoTemment for the benefit and

vnder the control of the. people.
Art. 11. Freedom of elections.
Art. is. Bights and dnties of citisens.

Propertj taken for public nses. Laws

whai binding.
Art. 13. Exemption from bearing arms.
Art. 14. Syery person ought to find a

certain and speedy remedy at law.
Art. 15. Bights of persons prosecuted for

cnme.
Art. 16. No person to be tried after ac-



qnittal for the same offiBnoe, nor for a

capital offence except by a joiy.
Art. 17. Trial to be in the oonnty when

offence committed.
Art. 18. Penalties to be proportioned to

offences.

Art. 19. Begulation of search and seizure.
Art. 20. Trial by juiy regulated.
Art. 81. Jurors to be carefully selected

and fully paid.
Art. 22. The liberty of the press.
Art. 23. Betrospectire laws prohibited.
Art. 24. Importance of the militia.
Art. 25. Standing armies dangerous.
Art. 26. The militaiy subject to the dril

power.

Art. 27. Soldiers, how quartered.
Art. 28. All taxes to be leyied by the

people.
Art. 29. Laws suspended by the legisla>

tnre only.

Art. 80. Freedom of speech and debate.
Art. 31. Object of the assembly of the

legislature.
Art. 32. Bight of the people to assemble.
Art. 33. Excessive bail and fines and crn*

el punishments forbidden.



* The former constitution having been approved by ihepeople, was established by
oonrention, 31st October, 1783, and took effect on the first Wednesday of Jane, 1784.



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16



CONSTITUTION OF NEW HAMPSHIRE.



Abt. 34. Martial law, when exerdBed.

Abt. 35. The jadiciary system.

Abt. 36. Economy enjoined.

Abt. 37. The ezecntive, legislatire and
judicial powers to he kept separate.

Abt. 38. Becnrrence to fnndamental prin-
ciples.

PABT SECOND.
FORM OF GOVERNMENT.



1. Declaration of soyereignty.

GENERAL COURT.

2. Legislatiye power, how rested.

3. Meeting of the legislature.

4. Power to constitute courts.

5. Power to establish laws.

6. Valuation, when and how taken.

7. No member to be of counsel.

8. Doors of galleries to be open.

BOUSE OF REPRESENTATIVES.

9. Representation to be equal.

10. Towns may be classed.

11. Special authority may be giyen.

12. Election to be held in March.

13. Qualification of voters.

14. Qualifications of representatires.

15. Members to be paid.

16. Vacancies, how filled.

17. Power of impeachment

18. Money bills to originate in house.

19. Power to adjourn.

20. What is a quorum.

21. Exemption from arrest.

22. House to be judge of its own proceed-

ings.

23. Imprisonment for contempt.

24. Journals and laws to be published. —

Teas and nays and protest entered on
journal.

SENATE.

25. Senate, how constituted.

26. Senatorial districts made.

27. Election to be held in March.

28. Mode of election.

29. Qualifications of senators.

30. Who is an inhabitant

31. Bights of inhabitants of places.



32. Mode of conducting elections.

33. Votes, how examined, and senaton no-
tified.

34. Vacancies, how filled.

35. Senate to be judges of their own re-
turns.

36. Power to adjourn.

37. Mode of proceeding and quomm.

38. To be a oonrt to try impeachments.
89. Power of punishment

40. When the gOTemor is impeadied.

EXECUTIVE POWEB.

GOVERNOR.

41. Title of the governor.

42. Goremor, how chosen.

43. Goremor may adjourn le^atore, or

alter place of session.

44. Laws to be approved by him.

45. Besolves to be approved by him.

46. Officers to be appointed by the ezecs-

tive.

47. Appointments, how made.

48. Captains, &c., how commissioned.

49. Vacancy in office, how supplied.

60. Governor may prorogue the legisla-
ture.

51. Governor to be oommander-in-diief.

52. Power of pardon.

53. Removal of officers on address.

54. Military officers, how appointed.

55. Division of the militia regulated.

56. Money, how drawn from the treasury.

57. Account of public property rendered.

58. Compensation of governor and councfl.

59. Judges to have permanent salaries.

COUNCIL.

60. Five councillors to be elected.

61. Election, how determined.

62. Vacancy, how filled.

63. Members may be impeadied.

64. Records of proceediogs kept

65. Council districts regulated.

66. Elections, when completed.

SECRETARY, TREASURER, COMMIS-
SARY GENERAL, ^C.

67. Officers, how chosen.

68. Duty of secretary.



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CONSTITUTION OF NEW HAMFSHIBE.



17



t9. Secntaiy to hare deputy.

70. Secretary to give bond.

COUNTY TREASURER, ^C.

71. To be elected by tbe people.

72. Coiintiefl may be diTided.

JUDICIARY POWER.

73. Teoare of office.

74. Opimon of 8. J. C. may be required.

75. Judge may be remored.

76. Jnriediction of diroroe, probate ap-

peals, &c

77. Jurisdiction of justices of the peace.

78. Term of office ceases at seventy.

79. Judge not to be of counseL

80. Probate jurisdiction.

81. Judge nor register to be of counseL

CLERKS OF COURTS.
8S. Appointment and duties of derks.

ENCOURAGEMENT OF LEARNING, ftC.



88. Encouragement of learning.



OATHS, WRITS, AND GENERAL PRO-
VISIONS.



84.
86.
88.
87.
88.
89.

9a

91.
92.



94.
95.
96.
97.
98.
99.
100.

101.



Oaths of office, form, fto.

Oaths, by whom administered.

Form of commissions^

Form and requisites of writB.

Conclusion of indictments.

No deodand or forfeiture allowed.

Common law in force.

Priyilege of habeas corpus.

Enacting style declared.

Goremor or judge to hold no other
office*

Offices which are incompatible.

Officers which are incompatible.

Bribery excludes from office. '

Computation of money.

When constitution to take efibct

Bevision of the constitution.

Sense of the people to be taken efery
seven yean.

Constitution to be enrolled, and pub-
lished with each edition of the laws.



PART FIRST-
BILL OF RIGHTS.

Article 1. AU men are bom equally free and independent ;
therefore, all government of right originates from the people, is
founded in consent and instituted for the general good.

2. All men have certain natural, essential and inherent rights ;
among which are, the enjoying and defending life and liberty —
acquiring, possessing and protecting property — and in a word, of
seeking ana obtaining happiness.

3. When men enter into a state of society, they surrender up
some of their natural rights to that society, in order to insure the
protection of others ; and without such an equivalent the surrender
is void.

4. Among the natural rights, some are in their very nature un-
alienable, because no equivalent can be given or received for them.
Of this kind are the rights of conscience.

5. Every individual has a natural and unalienable right to
worship God according to the dictates of his own conscience and'

2



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18 CONSTITUTION OF NEW HAMPSHIRE.

reason ; and no snbject shall be hurt, molested or restrained in his
person, liberty or estate, for worshipping Ood in the manner and
season most agreeable to the dictates of his own conscience, or
for his religious profession, sentiments or persuasion ; provided he
doth not disturb the public peace or disturt) others in their religious
worship.

6. As morality and piety, rightly grounded on evangeliccLl prin-
ciples, will give the best and greatest security to government, and
will lay in the hearts of men the strongest obligations to due sub-
jection ; and as the knowledge of these is most likely to be propa-
gated through a society by the institution of the public worship of
the Deity, and of public instruction in morality and religion ;
therefore, to promote those important purposes, the people of this
State have a right to empower, and do hereby fully empower the
legislature to authorize from time to time the several towns, parish-
es, bodies corporate, or religious societies within this State, to make
adequate provision, at their own expense, for the support and main-
tenance of public protestant teachers of piety, religion and morality :

Provided^ notwithsicmding^ That the several towns, parishes, bod-
ies corporate, or religious societies, shall at all times have the ex-
clusive right of electing their own public teachers, and of contract^
ing with them for their support and maintenance. And no person
of any one particular religious sect or denomination shall ever be
compelled to pay towards the support of the teacher or teachers of
another persuasion, sect or denomination.

And every denomination of christians demeaning themselves
quietly, and as good subjects of the State, shall be equally under
the protection of the law ; and no subordination of any one sect
or denomination to another shall ever be established by law.

And nothing herein shall be understood to affect any former con-
tracts made for the support of the ministry ; but all such contracts
shall remain, and be in the same state as if this constitution had
not been made.

7. The people of this State have the sole and exclusive right
of governing themselves as a free, sovereign and independent State,
and do, and forever hereafter shall exercise and enjoy every power,
jurisdiction and right pertaining thereto, which is not or may not
hereafter be by them expressly delegated to the United States of
America in Congress assembled.

8. All power residing originally in, and being derived from the
people, all the magistrates and officers of government are their
substitutes and agents, and at all times accountable to them.

9. No office or place whatsoever in government shall be hered-
itary—the abilities and integrity requisite in all not being trans-
missible to posterity or relations.



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C0N8TITUT10V OF NEW HAMPSHIRE. 18

10. Government being institated for the eonunon benefit, pro-
tection and security or the whole community, and not for the pri-
vate interest or emolument of any one man, family or class of
men ; therefore, whenever the ends of government are perverted,
and public liberty manifestly endangered, and all other means of
redress are inelSectual, the pec^le may and of right ought to refomi
the old or establish a new government The doctrine of non-
resistance against arbitrary power and oppression is absurd, slavish
and destructive of the good and happiness of mankind.

11. All elections ought to be free, and every inhabitant of the
State, having the proper qualifications, has equai right to elect and
be elected into o£Bce.

12. Every member of the community has a right to be protect-
ed by it in the enjoyment of his life^ liberty and property ; he is
therefore bound to contribute his share in the expense of such pro-
tection, and to yield his 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.

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

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 any delay; conformably to the
laws.

15. No subject shall be held to answer for any crime or offence,
until the same is fully and plainly, substantially and formally de-
scribed 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 defence by himself
and counsel. Aiid no subject shall be arrested, imprisoned, despoil-
ed, 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.

16. No subject riiall be liable to be tried, after an acquittal, for
the same crime or offence. Nor ahall the legislature make any
law that shall subject any person to a capital punishment, (except-



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so CONSTITUTION OF NEW HAMPSHIBE.

ing for the government of the army and navy, an4 the militia io
actual service,) without trial by jury.

17. In criminal prosecutions, the trial of facts in the vicinity
where they happen is so essential to the security of the life, liberty
and estate of the citizen, that no crime or offence ought to be tried
in any other county than that in which it is committed ; except in
cases of general insurrection in 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 offence may be com-
mitted, and upon their report, the legislature shall think proper to
direct the trial in the nearest county in which an impaiiial trial
can be obtained.

18. All penalties ought to be proportioned to the nature of the
' offence. No wise legislature will affix the same punishment to

the crimes of theft, forgery and the like, which they do to those of
murder and treason ; where the same undistinguishing severity is



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 3 of 80)