IV. The right of the people to be fecure in their perfons, houfes, papers, and effects, againft unreasonable fearches and feizures, fhall not be violated; and no warrants shall iffue, but upon probable caufe, fupported by oath or affirmationand particularly defcribing the place to be fearched, and the perfons or things to be feized.

V. No perfon fhall be held to anfwer for a capital cr otherwife infamous crime, unlefs on a prefentment or indictment of a grand jury, except in cafes arifing in the land or naval forces, or in the militia, when in actual fervice, in time of war, or public danger: nor fhall any person be sub. ject, for the fame offence, to be twice put in jeopardy of life or limb; nor fhall be compelled in any criminal cafe, to be witness against himfelf; nor be deprived of life, liberty, or property, without due procefs of law: nor fhall private property be taken for public ufe, without juft compenfation.

VI. In all criminal profecutions, the accufed fhall enjoy the right to a speedy and public trial, by an impartial jury, of the ftate and diftrict, wherein the crime fhall have been committed; which district fhall have been previously afcer. tained by law; and to be informed of the nature and caufe of the accufation; to be confronted with the witneffes againft him; to have compulfory procefs for obtaining witneffes in his favour; and to have the affiftance of counfel for his defence.

VII. In fuits at common law, where the value in contro. verfy, fhall exceed twenty dollars, the right of trial by jury fhall be preferved; and no fact tried by a jury, shall be otherwife re-examined in any court of the United States, than according to the rules of the common law.

VIII. Exceffive bail shall not be required; nor exceffive fines impofed; nor cruel and unufual punishments inflicted.

IX. The enumeration, in the conftitution of certain rights, fhall not be construed to deny or difparage others, retained by the people.

X. The powers, not delegated to the United States, by the constitution, nor prohibited by it to the states, are referved to the ftates refpectively, or to the people.

XI. The judicial power of the United States fhall not be conftrued to extend to any fuit in law or equity, commenced or profecuted against one of the United States by citizens of another ftate, or by citizens or fubjects of any foreign state.

CONSTITUTIONS, &c.

NEW HAMPSHIRE.

The Conftitution of New-Hampshire, as altered and amended by a Convention of Delegates, held at Concord, in faid State, by adjournment, on the fecond Wednesday of February,

M,DCC,XCII.

PART I.

BILL OF RIGHTS.

Article L. ALL born,

LL Men are born equally free and independent: Therefore, all Government, of right, originates from the People, is founded in confent, and inftituted for the general good.

II. All men have certain natural, effential, and inherent rights among which are, the enjoying and defending life and liberty; acquiring, poffeffing, and protecting property; and, in a word, of feeking and obtaining happiness.

III. When men enter into a state of fociety, they furrender up fome of their natural rights to that fociety, in order to enfure the protection of others; and, without fuch an equivalent, the furrender is void.

IV. Among the natural rights, fome are, in their very nature, unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Confcience.

V. Every individual has a natural and unalienable right to worship GoD according to the dictates of his own confcience, and reafon; and no fubject fhall be hurt, molefted, or reftrained, in his perfon, liberty, or eftate, for worshipping GOD in the manner and feafon most agreeable to the dictates of his own confcience, or for his religious profeffion, fentiments, or perfuafion; provided he doth not diftur' the public peace, or difturb others in their religious worship.

VI. Ás morality and piety, rightly grounded on evangeli.

В

cal principles, will give the beft and greatest security to Government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a fociety, by the inftitution of the public worship of the Deity, and of public inftruction in morality and religion; therefore, to promote thofe important purpofes, the people of this State have a right to empower, and do hereby fully empower, the Legislature, to authorife, from time to time, the feveral towns, parishes, bodies corporate, or religious focieties, within this State, to make adequate provifion, at their own expenfe, for the fupport and maintenance of public Proteftant teachers of piety, religion, and morality:

Provided notwithstanding, That the several towns, parishes, bodies corporate, or religious focieties, fhall, at all times, have the exclufive right of electing their own public teachers, and of contracting with them for their fupport and maintemance. And no perfon, of any one particular religious fect or denomination, fhall ever be compelled to pay towards the fupport of the teacher or teachers of another perfuafion, fect, or denomination.

But this fhall not be conftrued to free a perfon from the obligation of his own contract, on his pretence of changing his religious perfuafion after making the contract.

And whenever a Minifter is fettled by any incorporated town or parish, any perfon diffenting fhall have liberty, either at the meeting, or previous to the ordination of the Minister, or within one month after the vote obtained for his fettlement, to enter his diffent, with the Town or Parish Clerk, against paying, or contributing toward the fupport of fuch Minister; and all minors who, after fuch fettlement, fhall come of age, and all inhabitants of fuch town or parish who are abfent from the fame at the time of fuch meeting or fettlement, and all perfons who, after fuch fettlement, move into fuch town or parish to refide, fhall have three months from the time of their coming of full age, returning into town, or moving in to refide, as aforefaid, refpectively, to enter their diffent, with the Town or Parish Clerk, as aforefaid.

And all perfons who do not enter their diffent, as aforefaid, fhall be bound by the major vote of fuch town or parish; and it fhall be confidered as their voluntary contract: but all

perfons who enter their diffent, as aforefaid, fhall not be bound by the vote of fuch town or parish, or confidered as party to fuch contract, or in any way be compelled to contribute towards the fupport of the Minifter; nor fhall any, perfon be compelled to contribute towards the fupport of the Minifter, who fhall change from the fect or denomination of which he profeffed to be when he fettled, to any other perfuafion, fect, or denomination.

And every denomination of Chriftians, demeaning themfelves quietly, and as good fubjects of the State, shall be equally under the protection of the law: And no fubordination of any one fect or denomination to another, shall ever be established by law.

And nothing herein fhall be understood to affect any former contracts made for the fupport of the miniftry; but all fuch contracts fhall remain, and be in the fame ftate as if this Conftitution had not been made.

VII. The people of this State have the fole and exclusive right of governing themselves as a free, fovereign, and Independent State; and do, and forever hereafter fhall, exercise and enjoy every power, jurifdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them explefsly delegated to the United States of America in Congress affembled.

VIII. All power refiding originally in, and being derived from, the people, all the magiftrates and officers of government are their fubftitutes and agents, and at all times accountable to them,

IX. No office or place whatfoever, in government, fhall be hereditary-the abilities and integrity requifite in all, not being tranfmiffible to pofterity or relations.

X. Government being inftituted for the common benefit, protection and fecurity, of the whole community, and not for the private intereft or emolument of any one man, family, or clafs of men; therefore, whenever the ends of government are perverted, and public liberty manifeftly endangered, and all other means of redress are ineffectual, the people may, and of right ought to, reform the old, or establish a new government. The doctrine of non-refiftance againft arbitrary power, and oppreffion, is abfurd, flavifh, and deftructive of the good and happiness of mankind.

XI. All elections ought to be free, and every inhabitant of the State, having the proper qualifications, has equal right to elec, and be elected, into office.

XII. Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty and pro. perty; he is therefore bound to contribute his share in the expenfe of fuch protection, and to yield his perfonal service when neceffary, or an equivalent. But no part of a man's property fhall be taken from him, or applied to public uses, without his cwn confent, or that of the reprefentative body of the people. Nor are the inhabitants of this State controlable by any other laws than those to which they, or their reprefentative body, have given their confent.

XIII. No perfon who is confcientiously fcrupulous about the lawfulness of bearing arms, fhall be compelled thereto, provided he will pay an equivalent.

XIV. Every fubject of this State is entitled to a certain remedy, by having recourfe to the laws, for all injuries he may receive in his perfon, property or character; to obtain right and juftice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformable to the laws.

XV. No fubject shall be held to answer for any crime, or offence, until the fame is fully and plainly, fubftantially and formally, defcribed to him: or be compelled to accufe or furnish evidence againft himself. And every fubject shall have a right to produce all proofs that may be favourable to himfelf; to meet the witneffes against him, face to face; and to be fully heard in his defence, by himfelf, and counfel. And no fubject shall be arrested, imprifoned, defpoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or eftate, but by the judgment of his peers, or the law of the land.

XVI. No fubject shall be liable to be tried, after an acquital, for the fame crime or offence. Nor fhall the Legislature make any law that shall subject any perfon to a capital punishment, (excepting for the government of the army and navy, and the militia in actual fervice) without trial by Jury.

XVII. In criminal profecutions, the trial of facts, in the vicinity where they happen, is fo effential to the fecurity of