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may produce a right to produce all proofs that may be favorable to himself, proofs and be fully heard, to meet the witnesses against him face to face, and to be fully Sm., 367. heard in his defense by himself and counsel. And no subject i, 56 ; 130; 140. xlviii, 67; 398. shall be arrested, imprisoned, despoiled, or deprived of his lii, 459.lv, 179. lviii, 314.
property, immunities, or privileges, put out of the protection of lxiii, 406.
the law, exiled, or deprived of his life, liberty, or estate, but lxiv, 442; 491. xvi, 577, 633. by the judgment of his peers or the law of the land. lxvii, 279. No person to
[Art.] 16th. No subject shall be liable to be tried, after an be again tried after an ac
acquittal, for the same crime or offense; nor shall the legislature quittal; trial inake any law that shall subject any person to a capital punishby jury in capital cases.
ment (excepting for the government of the army and navy, and lxvii, 278, 279,
the militia in actual service) without trial by jury. Criminal [Art.] 17th. In criminal prosecutions, the trial of facts in trials in county, ex
the vicinity where they happen is so essential to the security of cept in general insurrec
the life, liberty, and estate of the citizen, that no crime or tion.
offense ought to be tried in any other county than that in which lvi, 175. it is committed, except in cases of general insurrection in any Ixi, 423, 426. lxvi, 504. 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 offense may be committed, and, upon their report, the [legislature]1 shall think proper to direct the trial
in the nearest county in which an impartial trial can be obtained. Penalties to [Art.] 18th. All penalties ought to be proportioned to the be proportioned to nature of the offense. No wise legislature will affix the same offenses.
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 exerted against all offenses, the people are led to forget the real distinction in the crimes them
selves and to commit the most flagrant with as little comTrue design of punction as they do 2 the lightest [offenses]”. For the same punishment.
reason, a multitude of sanguinary laws is both impolitic and unjust, the true design of all punishments being to reform, not to exterminate, mankind.
1 Substituted for "assembly," 1793.
"Those of” stricken out, 1793. * Substituted for "dye,” 1793.
[Art.] 19th. [Every subject hath a right to be secure from Searches and
seizures reguall unreasonable searches and seizures of his person, his houses, lated. his papers, and all his possessions. Therefore, all warrants to xxv. 541. search suspected places or arrest a person for examination or xlvii. 549.
lxvi, 177. trial, in prosecutions for criminal matters, are contrary to this
Ixviii, 48. right, if the cause or foundation of them be not previously supported by oath or affirmation, and if the order, in a warrant to a civil officer, 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 of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued but in cases and with the formalities prescribed by
[Art.] 20th. In all controversies concerning property and Trial by jury in all suits between two or more persons, except in cases in ii, 422. ix, 336. which it has been heretofore otherwise used and practiced (and 415. xix, 362.
XXV,539. XXXV, except in cases in which the value in controversy does not xli, 550. exceed one hundred dollars and title of real estate is not con- xlviii, 57. li, cerned], the parties have a right to a trial by jury; and this 512. lvii,55;110
146 ; 334. lviii, method of procedure shall be held sacred, unless, in cases 60;182 ; 425. lix.
350, 561. lxii, arising on the high seas and such as relates to mariners' wages, 231. Ixv. 201. the legislature shall think it necessary hereafter to alter it.
[Art.] 21st. In order to reap the fullest advantage of the Only qualified inestimable privilege of the trial by jury, great care ought to be serve as jutaken that none but qualified persons should be appointed to fully com
rors, and to be serve; and such ought to [be]: fully compensated for their pensated. travel, time, and attendance.
[Art.] 224. The liberty of the press is essential to the Liberty of the security of freedom in a state; it ought, therefore, to be inviolably preserved. [Art.) 234. Retrospective laws are highly injurious, op- Retrospective
laws prohibpressive, and unjust. No such laws, therefore, should be ited.
Sm., 420. i, 199. made, either for the decision of civil causes or the punishment iii, 481; 534. of offenses.
iv, 16; 287. X, 386. xviji, 647. xxiii, 382. xxiv, 351. xxvii, 294. xxxii, 413. xxxix, 304; 377; 505. li, 376, 383; 659. liv, 167, Ivi, 466. lxiv, 295; 409.
lxv, 37; 126. · Substituted for original article 19, 1793. » Inserted, 1877. 3 Not in engrossed copy of 1793.
[Art.] 24th. A well-regulated militia is the proper, natural,
and sure defense of a state. Standing armies. [Art.] 25th Standing armies are dangerous to liberty, and
ought not to be raised or kept up without the consent of the
legislature. Military, sub- [Art.] 26th In all cases and at all times, the military ject to civil power. ought to be under strict subordination to, and governed by, the
Quartering of [Art.] 27th No soldier, in time of peace, shall be quar-
tered in any house without the consent of the owner; and, in
civil magistrate, in a manner ordained by the legislature.
soever, without the consent of the people or their represent
atives in the legislature, or authority derived from that body.
legislature, or by authority derived therefrom, to be exercised
[Art.) 30th. The freedom of deliberation, speech, and debate in either house of the legislature is so essential to the rights of the people, that it cannot be the foundation of any action, complaint, or prosecution in any other court or place
whatsoever. Meetings of legislature,
[Art.) 315. [The legislature shall assemble for the redress for what. of public grievances and for making such laws as the public
good may require.]
good, give instructions to their representatives, and to request
1 Substituted for original Article 31, 1793.
[Art.] 334. No magistrate or court of law shall demand Excessive
bail, fines, and excessive bail or sureties, impose excessive fines, or inflict cruel punishments or unusual punishments.
i, 374. xxv, 541. [Art.] 34th. No person can in any case be subjected to law Martial law,
limited. martial or to any pains or penalties by virtue of that law, except those employed in the army or navy, and except the militia in actual service, but by authority of the legislature.
[Art.) 35th. [It is essential to the preservation of the rights Thejudiciary; of every individual, his life, liberty, property, and character. office, etc. that there be an impartial interpretation of the laws and admin-xxxiii, 89.
xlv, 52. istration of justice. It is the right of every citizen to be tried Ixii, 78. by judges as impartial as the lot of humanity will admit.
lxvi, 503, 524. therefore, not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave, well, subject, however, to such limitations 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.]
[Art.] 36th. Economy being a most essential virtue in all Pensions. states, especially in a young one, no pension shall 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.] 37th. In the government of this state, the three The legisla
tive, execuessential powers thereof — to wit, the legislative, executive, and tive, and judijudicial — ought to be kept as separate from, and independent ments to be of, each other as the nature of a free government will admit or i, 199.
kept separate. as is consistent with that chain of connection that binds the lii, 387.
Iviii, 451. whole fabric of the constitution in one indissoluble bond of lxiii, 574. union and amity. [Art.] 38th. A frequent recurrence to the fundamental prin- Social virtues
inculcated. ciples of the constitution and a constant adherence to justice, lviii, 624.
lxvii, 49. moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of
1 Substituted for original Article 35, 1793.
liberty and good government. The people ought, therefore, to
FORM OF GOVERNMENT.
Name of body [Art. 1.] 1 The people inhabiting the territory formerly
called The Province of New Hampshire do hereby solemnly and
[Art. 2.] The supreme legislative power within this state
dissolved seven days next preceding the said first Wednesday
COURT OF NEW HAMPSHIRE.
record or other courts, to be holden in the name of the state, for
First inserted in this and following articles in Revised Statutes,
· Substituted for “Every Year,” 1879.