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may produce a right to produce all proofs that may be favorable to himself,
property, immunities, or privileges, put out of the protection of
[Art.] 16th. No subject shall be liable to be tried, after an be again tried
acquittal, for the same crime or offense; nor shall the legislature after an acquittal; trial make 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
superior court that an impartial trial cannot be had in the
in the nearest county in which an impartial trial can be obtained.
punishment to the crimes of theft, forgery, and the like, which
selves and to commit the most flagrant with as little comTrue design of punction as they do the lightest [offenses] 8. For the same punishment.
reason, a multitude of sanguinary laws is both impolitic and
* Substituted for “assembly,” 1793. 2 "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.
Ixvi, 177. trial, in prosecutions for criminal matters, are contrary to this
lxviii, 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 law.] [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. except in cases in which the value in controversy does not
134. xli, 550. exceed one hundred dollars and title of real estate is not con- xlviii, 57. li,
455. lv, 179. lvi, cerned],2 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 legisiature shall think it necessary hereafter to alter it.
[ART.] 21 st 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. xviii, 647. xxiii, 382. xxiv, 351, xxvii, 294. xxxii, 413. xxxix, 304; 377; 505. li, 376, 383; 559. liv, 167. lvi, 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
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.] 318t. [The legislature shall assemble for the redress for what.
of public grievances and for making such laws as the public
good may require.] Rights of assembly, in
[Art.) 32d. The people have a right, in an orderly and struction, and peaceable manner, to assemble and consult upon the common
good, give instructions to their representatives, and to request
1 Substituted for original Article 31, 1793.
i, 374. xxv, 541.
[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.
prohibited. [AKT.] 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. istration of justice. It is the right of every citizen to be tried Ixii
xlv, 52. by judges as impartial as the lot of humanity will admit. It is, 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 legislaessential powers thereof — to wit, the legislative, executive, and tive and judijudicial — ought to be kept as separate from, and independent ments to be
kept separate. of, each other as the nature of a free government will admit or
i, 199. as is consistent with that chain of connection that binds the lii, 387.
lviii, 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, įviii, 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 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.
FORM OF GOVERNMENT.
Name of body [ART. 1.] 1 The people inhabiting the territory formerly politic.
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.
Legislature, [Art. 2.] The supreme legislative power within this state how constituted. shall be vested in the senate and house of representatives, each iv, 565. lviii, 549. of which shall have a negative on the other. Ixi, 264. Ixiii, 625. [Art. 3.] The senate and house shall assemble [biennilxvi, 634. lxvii, 46,279. ally], ? on the first Wednesday of [January] 3 and at such other General court, times as they may judge necessary, and shall dissolve and be when to meet and dissolve. dissolved seven days next preceding the said first Wednesday
of [January] : [biennially],4 and shall be styled THE GENERAL
COURT OF NEW HAMPSHIRE. Power of [Art. 4.] The general court shall forever have full power and general court to establish authority to erect and constitute judicatories and courts of lxvii, 279.
record or other courts, to be holden in the name of the state, for the hearing, trying, and determining all manner of crimes, offenses, pleas, processes, plaints, actions, causes, matters, and things whatsoever, arising or happening within this state, or
1 First inserted in this and following articles in Revised Statutes, 1842.
2 Substituted for “Every Year,” 1879.