The American herald of liberty — Exeter, N.H., 1793-05-21 00:00:00, page 1

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The American Herald of Liberty.
2.. All man have certain natural,
essential and inherent rights—among
which are the enjoying & defending
life and liberty, acquiring, pofTefling
and protecting property ; and in a
word, of leek ing and obtaining hap
piness
3. When meh enter into a state
of society, they surrender up some of
(heir natural rights to that society, in
order to enlure the protection of oth
ers ; and without such an equivalent,
rhe surrender is void.
4. Among the natural rights, fame
are- in their very nature unalienable
because no equivalent can be given
or received for them : Os this kind
are the Rights of Conscience.
Every individual has a natural
and unalienable right to worship God
according to the diCiarts of his own
conscience and reason; and no fubjeft
shall be hurt, molested, or restrained,
in his person, liberty or eftare, for
worfhlpping God in the manner and
season rnoft agreeable to the dictates
of his Own conscience, or forhis reli
gious profelfion, fen timents, or per
fuafiori,pro vided he doth not disturb
the publick peace or disturb others in
their religions worship.
6. zAs morality and piety, rightly
grounded on evangelical principles,
will give the belt and greareft fectr
rity to government,and will lay,in the
hearts of men, the strongest obliga
tions to due fubjeftion ; and as the
knowledge of these is molt likely to
be propagated through a society by
the infticution of the pnblick worship
of the Deity, and of publick instruc
tion in morality & religion; therefore,
to promote those important purposes,
the people of this State have a right
to empower, and do hereby fully em
powerthe Legislature, to amhorife/
from time to time, the several towns,
parilhes, bodies corporate,or religious
societies, within this State, to make
adequate provision, at their own ex
penie, for the support and main
tenance of public Protestant teachers
of piety, religion and morality.
Provided notwithstanding, That the
several towns,parilhes, bodies corpor
ate, or religious fociedes, shall at all
times, havethe exclusive right of e
lefting their own public teachers,and
of contracting with them for their sup
port and maintenance. And no perlon
of any one particular religious left or
denomination, shall ever be compel
led to pay towards the support of the
teacher or teachers of another persua
sion, left or denomination.
And every denomination of Christ
ians demeaning themselves qdietly, &
as good fubjefts of the State,fhall be
equally under the protection of the
Jaw: And no subordination of any
one feft or denomination to an
other, shall ever be eftablilhed by
law.
THE
CONSTITUTION
or
NEW-HAMPSHIRE.
PART I.
Bl L L of R IGHT S.
drt. 1. A LL men are born e
/.A quaily free and inde
/ A pendent ; therefore
all government of
right originates from the people, is
founded in consent, and indicated for
the general good.
Volume VII. ]
EXETER (New-Hampjhire) Printed and Published by Henry Ranlet, in Main-Street, at fix fullings and eight pence per annum.
12. Every member of the commu
nity has a right to be protected by
it, in the enjoyment of his life, liber
ty and property ; he is therefore
bound to contribute his (hare in the
expense of such proteftion, and to
yield his perfohal service when necef
firy, or an equivalent. But no part
of a man’s property shall be taken
from him, or applied to public uses,
/without his own consent, or that of
the representative b^dy of the people.
Nor are the inhabitants of this State
controlable by any other laws than
those to which they, or their repre
sentative body, have given their con
sent.
10. Government being inflituted
for the common benefit, protecflion
and security of the whole community
and not for the private interest or e
molument of any one man, family or
clifs of men ; therefore, whenever
the ends of government are pervert
ed, and public liberty manifeftly en
dangered, and all other means of re
dress are ineffeffual, the people may
and of right ought to reform the old,
or eftablilh a new government. The
dotflrine es nonresistance against ar
bitrary power and oppression, is ab
surd, fiavifii, and deftrudlive of the
good and happiness of mankind.
11. All eledions ought to be free,
and every inhabitant of the Stare,
having the proper qualifications, has
equal right to cleft and be elefted
into office. "
13. No person, who is conscien
tiously scrupulous about the lawful
nefs of bearing arms, shall be com
pelled thereto, provided he will pay
an equivalent.
14. Every fubjeft of this State is
entitled to a certain remedy,by hav
ing recourse to the laws, for all inju
ries&he may receive in his person,
property or charafter; to obtain
tight and justice freely, without be
ingobliged to purchase it; complete
ly and without any denial ; prompt
ly and without delay ; conformably
to the laws.
15. No fubjeft shall be held to
answer for any crime or offence, un
til the fame is fully and plainly,fub
ftantially and formally described to
him ; or be compelled to accuse or
furnilh evidence against himfelf. And
every fubjeft shall have a right to
produce all proofs that may be fa
vourable to himfelf; to meet the
8 All power residing originally in
and being derived from the people,
all the magistrates and officers of gov
ernment are their fubflitutes and
at all times accountable to them.'
9. No office or place whatsoever
in government, shall be hereditary-—
the abilities and integrity requisite
in all, not being transmissible to pol
teritv or relations.
7. The people of this State have
the foie and exclusive right of gover
ning themielves as a free, sovereign
and independent State ;*and do, and
forever hereafter shall extrcife and
enjoy every power, jurifdiftion and
right, pertaining thereto,whch is not,
or may hot hereafter bebv them ex
prelsly delegated to the United
States ofAmerica in Congress affern
bled.
And nothing herein shall be under
stood to affeCt any former contraCis
made for the support of the ministry ;
but all such contracts shall remain,
and be in the fame state as if thisCon
llitution had not been made.
TUESDAY, May 21, 1793.
it shall appear to the Judges of the
Superiour Court, than* an impartial
.trial cannot be had in the county
where the offence may be committed,
and upon their report,theLegiflature
shall think proper to direst the trial
in the neareit county in which an im
partial trial can be obtained.
19. Every fubjeft hath a right to
be secure from all unreasonable lear
ches and seizures of his person, his
houses, his papers and all his poflel
fions. Therefore, all warrants to
f^arch fufpefted* places, or arrest a
person for examination or trial, in'
prosecutions for criminal matters,are
contrary to this right, if the cauie or
foundation of them be not previouf
]y supported by oath or affirmation ;
and if the order, in a warrant to a
civil officer, to make search in fuf
pefted places, or to arrest one or
more fufpefted persons, or to seize
their property, be not accompanied
with a special defignadon of the per
sons or objefts of search, arrest, or
seizure ; and no warrant ought to be
issued, but in cases, and with the for
malities, prelcribed bv law.
20. In all controversies concerning
property, and in all suits between
two or more persons except in cases
in which it has been heretofore oth
erwile used and praftifed, the parties
have a right to a trial by Ju r y, and
this method of proceedure shall be
held sacred, unlcfs in cases arifingun
the high Teas and such as relate to
mariners’ wages, theLegiflature shall
think it necessary hereafter to alter
it.
21; In order to reap the fulleft
advantage of the inestimable privi-
13. All penalties ought to be pro
portioned to the nature of the of
fence. No wifeLegiflature will affix
the fame punishment to the crimes
of theft, forgery and the like, which
they do to those of murder and trea
son ; Where the fame distinguishing
severity is exerted against all offences,
the people are led to forget the real
dillinftion in the crimes themselves,
and to commit the moll flagrant with
as little compunftion as they do the
iighc/ft offences : For the fame rea
son a multitude of fcnguinary Iws
is both impolitic and unjust. The
true design of all punishments being
to reform, not to exterminate man
kind.
trial of fids, in the vicinity where
they happen, is so essential to rhe se
curity of the life, liberty, and estate
of the citizen,that no crime or offence
ought to be tried in any other coun
ty than that in which it is commit
ted ; except in cases of general iniur
reCtion in any particular county,when
21; In
advantage
j 6. No fubjeCt shall be liable to be
tried, after an acquittal,for the fame
crime or offence. Nor shall the Le
gislature make any law that (hall
fubjeCt any person to a capital pun
ilbment, (excepting for the govern
ment of the army and navy, and the
militia in aCtual service) without trial
by Juryj
witneffies against him, face to face ;
and to be fully heard in his defence,
by himlelf and counsel. And no
fubjecl shall be arrested, imprifoned^
despoiled, or deprived of his proper
ty, immunities, or privileges, put out
of the protection of the law, exiled
or deprived of his life, liberty, or e
state, but by the judgment of his
peers, or the law of the land.
ty. In criminal prosecutions, the
33. No Magistrate, or Court of
Law, shall demand excessive bail of
sureties, impose excessive fines, or in
flift cruel or unulual punishments.
34. No person can in any case be
fubjefted to law mar lb al, or to any
pains or penalties by virtue of that
law, except those employed in the ar
my or navy,and except the militia in
aftual fervice,but by authority of the
Legislature.
35. It is essential to the preserva
tion of the rights of every indivjdu-,
a', his life, liberty, property, and
charafter, that there be an impartial
interpretation of the laws and admin
iilratio.n 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 belt policy, but for the security
25. Standing armies are danger
ous to liberty, and ought not to be
railed or kept up without consent of
the Legislature.
26. In all cases and at all times,
the military ought to be under llridt
subordination to, and governed by
the civil power,
27. No soldier in time of peace,
shall be quartered in any houfe,with
out the content of the owner ; and
in time of war, such quarters ought
not to be made but by the civil ma
giftrare, in a manner ordained by the
Legislature.
28, No fubfidv, charge, tax, im
post, or duty, shall be established,
fixed, laid, or levied, under any pre
text whatloever, without the con
fenc of the people, or their Repre
' lentatives in the Legislature, or au
thority derived from that body.
29. The power of suspending the
laws,or the execution of them/mghr
never to be exercised but by theLe
giflature, or bv authority derived
therefrom, tn be exercised in such
particular cases only as the Legifla-^
ture shall expressly provide for.
30. The freedom of deliberation,
speech & debate, in either House of”
rhe Legislature, is so essential to the
rights of the people, that it cannot
be the foundation of any adion,
complaint oj prosecution, in any o
ther Court or place whatsoever. «•
31. The Legislature shall affemb’e
for the redress of public grievances,
and for making such laws -as the
public good may require.
^2. The people have a tight in an
orderly and peaceable manner, to as
semble & confute upon thecornmon
good, give inflrudlions to their Rep
resentatives, and to requefl of the leg
illative body, byway of petition or
remonltrance, redress of the wrongs
done them,and of the grievances they
fuffer.
22. The LIBERTY OF THE
PRESS is essential to the security
of Freedom in a State : It ought
therefore to be inviolably pretery
ed;
23. Retrofpedive laws are highly
injurious, oppressive and unjust. No
such laws therefore should be made
either for the decision of civil cautes
or the puniihmcnt of offences.
24. A well regulated mililia is the
proper, natural and lure defence of a
State.
lege of the trial by Jury, great care
ought to be taken, that none but
qualified persons should be appoint
ed to serve ; and such ought to be
fully compensated for their travel,
time and attendance.
[Numb. 46