the life, liberty, and eftate, of the citizens, that no crime or offence ought to be tried in any other county than that in which it is committed; except in cafes of general infurrection in any particular county, when it fhall appear to the Judges of the Superior Court, that an impartial trial cannot be had in the county where the offence may be committed, and upon their report, the Legislature fhall think proper to direct the trial in the nearest county in which an impartial trial can be obtained.

XVIII. All penalties ought to be proportioned to the nature of the offence. No wife Legislature will affix the fame punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treafon: Where the fame undistinguishing severity is exerted against all offences, the people are led to forget the real diftinction in the crimes themselves, and to commit the moft flagrant with as little compunction as they do the lighteft offences: For the fame reafon a multitude of fanguinary laws is both impolitic and unjust. The true defign of all punishments being to reform, not to exterminate, mankind.

XIX. Every fubject hath a right to be fecure from all unreasonable searches and feizures of his perfon, his houses, his papers and all his poffeffions. Therefore, all warrants to fearch fufpected places, or arreft a perfon for examination or trial, in profecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously fupported by oath or affirmation; and if the order in a warrant to a civil officer, to make fearch in fufpected places, or to arreft one or more fufpected perfons, or to seize their property, be not accompanied with a fpecial defignation of the perfon or objects of search, arreft, or feizure; and no warrant ought to be issued, but in cafes, and with the formal. ities, prefcribed by law.

XX. In all controverfies concerning property, and in all fuits between two or more perfons, excepting in cafes wherein it hath been heretofore otherwise used and practifed, the parties have a right to a trial by Jury; and this right fhall be deemed facred and inviolable; but the Legislature may, by the Constitution, be empowered to make fuch regulations as will prevent parties from having as many trials by Jury, in the fame fuit or action, as hath been heretofore allowed and prac

tifed, and to extend the civil jurifdiction of Justices of the Peace to the trials of fuits where the fum demanded in damages doth not exceed four pounds, faving the right of appeal to either party: But no fuch regulations fhall take away the right of a trial by Jury, in any cafe not in this article before excepted, unless in cafes refpecting mariners' wages.

XXI. In order to reap the fulleft advantage of the ineftima ble privilege of the trial by Jury, great care ought to be tak en, that none but qualified perfons fhould be appointed to ferve; and fuch ought to be fully compenfated for their travel, time and attendance.

XXII. The LIBERTY OF THE PRESS is effential to the fecurity of freedom in a State: It ought, therefore, to be inviolably preferved.

XXIII. Retrofpective laws are highly injurious, oppreffive, and unjuft. No fuch laws, therefore, fhould be made, either for the decifion of civil caufes, or the punishment of offences. XXIV. A well regulated militia is the proper, natural, and fure defence, of a State.

XXV. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the confent of the Legiflature.

XXVI. In all cafes, and at all times, the military ought to be under strict fubordination to, and governed by, the civil power.

XXVII. No foldier, in time of peace, fhall be quartered in any houfe, without the confent of the owner; and in time of war, fuch quarters ought not to be made but by the civil magiftrate, in a manner ordained by the Legislature.

XXVIII. No fubfidy, charge, tax, impoft, or duty, fhall be established, fixed, laid or levied, under any pretext whatfoever, without the confent of the people, or their reprefentatives in the Legislature, or authority derived from that body.

XXIX. The power of fufpending the laws, or the execution of them, ought never to be exercifed, but by the Legiflature, or by authority derived therefrom, to be exercised in fuch particular cafes only as the Legislature fhall expressly provide for.

XXX. The freedom of deliberation, fpeech, and debate, in either Houfe of the Legislature, is fo effential to the rights of the people, that it cannot be the foundation of any action,

complaint, or profecution, in any other Court or place whatfoever.

XXXI. The Legislature fhall affemble for the redrefs of public grievances, and for making fuch laws as the public. good may require.

XXXII. The people have a right, in an orderly and peaceable manner, to affemble and confult upon the common good, give inftructions to their Reprefentatives, and to request of the Legislative Body, by way of petition or remonftrance, redress of the wrongs done them, and of the grievances they fuffer. XXXIII. No Magiftrate, or Court of Law, fhall demand exceffive bail or fureties, impofé exceffive fines, or inflict cruel or unufual punishments.

XXXIV. No perfon can, in any cafe, be fubjected to law martial, or to any pains or penalties by virtue of that law, except thofe employed in the army or navy, and except the militia in actual fervice, but by authority of the Legislature.

XXXV. It is effential to the prefervation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws and adminiftration of juftice. It is the right of every citizen to be tried by Judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the fecurity of the rights of the people, that the Judges of the Supreme Judicial court fhould hold their offices fo long as they behave well; fubject, however, to fuch limitations, on account of age, as may be provided by the Conftitution of the ftate; and that they should have honourable salaries, afcertained and established by standing laws.

XXXVI. Economy being a moft effential virtue in all States, especially in a young one; no penfion fhall be grant ed, but in confideration of actual fervices; and fuch penfions ought to be granted with great caution, by the Legislature, and never for more than one year at a time.

XXXVII. In the government of this State, the three effential powers thereof, to wit, the Legiflative, Executive, and Judicial, ought to be kept as feparate from, and independent of, each other, as the nature of a free government will admit, or as is confiftent with that chain of connection that binds the whole fabric of the Conftitution in one indiffoluble bond of anion and amity.

XXXVIII. A frequent recurrence to the fundamental prínciples of the Conftitution, and a conftant adherence to juftice, moderation, temperance, induftry, frugality, and all the focial virtues, are indifpenfibly neceffary to preferve the bleffings of liberty and good government; the people ought, therefore, to have a particular regard to all thofe principles in the choice of their officers and Representatives: And they have a right to require of their law-givers and magiftrates, an exact and conftant obfervance of them, in the formation and execution of the laws necessary for the good adminiftration of government.

PART II.

FORM OF GOVERNMENT.

THE people inhabiting the territory formerly called the Province of New-Hampshire, do hereby folemnly and mutu ally agree with each other, to form themfelves into a free, fovereign, and independent Body-Politic, or State, by the name of the State of New-Hampshire.

GENERAL COURT.

THE Supreme Legislative Power, within this State, shall be vested in the Senate and Houfe of Representatives, each of which fhall have a negative on the other.

The Senate and Houfe fhall affemble every year on the laft Wednesday of October, and at fuch other times as they may judge neceffary; and fhall diffolve, and be diffolved, feven days next preceding the faid laft Wednesday of October; and fhall be ftiled THE GENERAL COURT OF NEWHAMPSHIRE..

The General Court fhall forever have full power and authority to erect and conftitute Judicatories and Courts of Record, or other Courts, to be holden in the name of the State, for the hearing, trying, and determining, all manner of crimes, offences, pleas, proceffes, plaints, actions, caufes, matters, and things whatsoever, arifing or happening within this State, or between or concerning perfons inhabiting or refiding, or brought within, the fame, whether the fame be criminal or civil, or whether the crimes be capital, or not capital, and whether the faid pleas be real, perfonal, or mixed; and for the awarding and iffuing execution thereon. To which Courts and Judicatories, are hereby given and granted, full

power and authority, from time to time, to adminifter oaths or affirmations, for the better difcovery of truth in any matter in controverfy, or depending before them.

And farther, full power and authority are hereby given and granted to the faid General Court, from time to time, to make, ordain, and establish, all manner of wholefome and reasonable orders, laws, ftatutes, ordinances, directions, and inftructions, either with penalties, or without, fo as the fame be not repugnant or contrary to this Conftitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the fame, for the neceffary fupport and defence of the govern ment thereof; and to name and fettle annually, or provide by fixed laws for the naming and fettling, all civil officers within this State; fuch officers excepted, the election and appointment of whom are hereafter in this form of government otherwife provided for; and to fet forth the feveral duties, powers, and limits, of the feveral civil and military officers of this State, and the forms of fuch oaths or affirmations as shall be respectively adminiftered unto them, for the execution of their feveral offices and places, fo as the fame be not repugnant or contrary to this Conftitution; and alfo to impofe fines, mulets, imprisonments, and other punishments; and to impofe and levy proportional and reafonable affeffments, rates, and taxes, upon all the inhabitants of, and refidents within, the faid State; and upon all eftates within the fame; to be iffued and difpofed of by warrant, under the hand of the Governor of this State for the time being, with the advice and confent of the Council, for the public service, in the necessa ry defence and fupport of the government of this State, and the protection and prefervation of the fubject thereof, according to fuch acts as are, or fhall be, in force within the fame.

And while the public charges of government, or any part thereof, fhall be affeffed on polls and eftates in the manner that has heretofore been practifed; in order that such affeffments may be made with equality, there fhall be a valuation of the eftates within the State taken anew once in every five years at leaft, and as much oftener as the General Court shall order.

No member of the General Court fhall take fees, be of counfel, or act as advocate, in any caufe before either branch