ARTICLES IN ADDITION TO AND AMENDMENT OF THE CONSTITUTION OF THE STATE OF NEW-HAMPSHIRE AGREED TO BY THE CONVENTION OF SAID STATE, and SUBMITTED ΤΟ THE PEOPLE THEREOF FOR THEIR APPROBATION, AT A MEETING OF THE INHABITANTS DULY WARNED FOR THAT PURPOSE, TO BE HELD ON THE FIRST MONDAY OF MAY, BEING 1792. UNDER THE HEAD BILL OF RIGHTS: That the following be added to the 6th article. I. But this shall not be construed to free a person from the obligation of his own contract, on his pretence of changing his religious persuasion after making the contract. And whenever a minister is settled by any incorporated town or parish, any person dissenting shall have liberty, either at the meeting or previous to the ordination of the minister, or within one month after the vote obtained for his settlement, to enter his dissent with the town or parish clerk against paying or contributing toward the support of such minister; and all minors, who after such settlement shall come of age, and all inhabitants of such town or parish who are absent from the same at the time of such meeting or settlement, and all persons who after such settlement move into such town or parish to reside, shall have three months from the time of their coming of full age, returning into town or moving in to reside, as aforesaid, respectively, to enter their dissent with the town or parish clerk as aforesaid. And all persons who do not enter their dissent as aforesaid, shall be bound by the major vote of such town or parish, and it shall be considered as their voluntary contract: But all persons who enter their dissent as aforesaid shall not be bound by the vote of such town or parish, or considered as party to such contract, or in any way be compelled to contribute towards the support of the minister, nor shall any person be compelled to contribute towards the support of a minister who shall change from the sect or denomination of which he professed to be when he settled, to any other persuasion, sect or denomination. Rejected. II. ARTICLE 17. That the word " word " Legislature" inserted. Assembly" be expunged, and the III. ARTICLE 18. That the words "those of," "dye," be expunged, and the word "offences" inserted. IV. Article 19, to be expunged and the following substituted in lieu thereof: viz. Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions; Therefore all warrants to search suspected places, or arrest a person for examination, or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the 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 warrants ought to be issued but in cases, and with the formalities, prescribed by law. V. Article 20, to be expunged and the following substituted in lieu thereof: viz. In all controversies concerning property, and in all suits between two or more persons, excepting in cases wherein it hath been heretofore otherwise used and practiced, the parties have a right to a trial by jury, and this right shall be deemed sacred and inviolable; but the Legislature may, by the constitution, be empowered to make such regulations as will prevent parties from having as many trials by jury in the same suit or action as hath been heretofore allowed and practiced; and to extend the civil jurisdiction of Justices of the Peace to the trial of suits where the sum demanded in damages doth not exceed four pounds, saving the right of appeal to either party; But no such regulations shall take away the right of a trial by Jury in any case, not in this article before excepted, unless in cases respecting mariners' wages. Rejected. VI. Article 31, to be expunged and the following substituted in lieu thereof: viz. The Legislature shall assemble for the redress of public grievances, and for making such laws as the public good may require. VII. Article 35, to be expunged and the following substituted in lieu thereof: viz. It is essential to the preservation of the rights of every individual, his life, liberty, property & character, that there be an impartial interpretation of the Laws, and administration of Justice: 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 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. UNDER THE HEAD GENERAL COURT. VIII. The Senate and House shall assemble every year, on the last Wednesday of Octor, and at such other times as they may Judge necessary and shall dissolve and be dissolved seven days next preceeding the last Wednesday of October, and shall be stiled the GENERAL COURT OF NEW-HAMPSHIRE. Rejected. IX. No member of the Genl Court shall take fees, be of Council, or act as Advocate, in any cause before either branch of the Legislature; and upon due proof thereof such member shall forfeit his seat in the Legislature. |
