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VII. In fuits at common law, where the value in controversy fhall exceed 20 dollars, the right of trial by jury fhall be preferved; and no fact tried by a jury, fhall be otherwife re-examined in any Court of the United States, than according to the rules of the common law.

VIII. Exceffive bail fhall not be required, nor exceffive fines impofed, nor cruel and unusual punishments inflicted.

ix. The enumeration in the Constitution, of certain Rights, shall not be conftrued to deny or disparage others retained by the People.

X. The powers, not delegated to the United States by the Conftitution, nor prohibited by it to the States, are referved to the States respectively, 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 State, or by citizens or subjects of any foreign State.

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The CONSTITUTION of NEW-HAMPSHIRE, as altered and amended by a Convention of Delegates held at Concord in said State, by Adjournment, on the 2d Wednesday of February 1792.

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PART I.

BILL OF RIGHTS.

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

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

III. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void.

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

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of government are their substitutes and agents, and at all times accountable to them.

IX. No office or place whatsoever, in government, shall be hereditary-the abilities and integrity requisite in all, not being transmissible to posterity or relations. X. Government being instituted for the common benefit, protection, and security of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly 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-resistance against arbitrary power, and oppression, is absurd, slavish, and destructive 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 elect, 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 property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary, 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 body of the people. Nor are the inhabitants of this State controlable by any other laws than those to which they, or their representative body, have given their consent.

XIII. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he will pay an equivalent.

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

laws.

XV. No subject shall be held to answer for any crime,

or

or offence, until the same is fully and plainly, substantially and formally, described to him: or be compelled to accuse or furnish evidence against himself. And every subject shall have a right to produce all proofs that may be favourable to himself; to meet the witnesses against him, face to face; and to be fully heard in his defence, by himself, and counsel. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.

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

XVII. In criminal prosecutions, the trial of facts, in the vicinity where they happen, is so essential to the security of the life, liberty, and estate, of the citizens, that no crime or offence ought to be tried in any other county than that in which it is committed; except in cases of general insurrection in any 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 offence may be committed, and upon their report, the Legislature shall think proper to direct the trial in the nearest county in which an impartial trial can be obtained.

XVIII. All penalties ought to be proportioned to the nature of the offence. No wise Legislature will affix the same 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 offences, the people are led to forget 'the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offences: For the same reason a multitude of sanguinary laws is both impolitic and unjust. The true design of all punishinents being to reform, not to exterminate, mankind.

XIX. 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 a warrant to a civil offcer, 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 person or objects of search, arrest, or seizure; and no warrant ought to be issued, but in cases, and with the formalities, prescribed by law.

XX. 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 practised, 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 practised, and to extend the civil jurisdiction of Justices of the Peace to the trials 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.

XXI. In order to reap the fullest advantage of the inestimable privilege of the trial by Jury, great care ought to be taken, that none but qualified persons should be appointed to serve; and such ought to be fully compensated for their travel, time and attendance.

XXII. The LIBERTY OF THE PRESS is essential to the security of freedom in a State: It ought therefore, to be inviolably preserved.

XXIII. Retrospective laws are highly injurious, oppressive, and unjust. No such laws, therefore, should be made, either for the decision of civil causes, or the unishment of offences.

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