                     CONSTITUTION STATE OF NEW HAMPSHIRE
                            (as amended to 1980)

                                 PART FIRST

                               BILL OF RIGHTS

Art.    1st     All   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.

2d.          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.  Equality of rights under the law shall not be denied or 
abridged  by this state on account of race,  creed,  color,  sex or  national 
origin.

3d.           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.

4th.          Among  the  natural  rights,  some are,  in their  very  nature 
inalienable, because no equivalent can be given or received for them. Of this 
kind are the Rights of Conscience.

5th.          Every individual has a natural and unalienable right to worship 
God  according  to the dictates of his own conscience,  and  reason;  and  no 
subject shall be hurt, molested, or restrained,  in his person,  liberty,  or 
estate,  for  worshipping God in the manner and season most agreeable to  the 
dictates of his own conscience; or for his religious profession,  sentiments, 
or  persuasion;  provided  he  doth not disturb the public peace  or  disturb 
others in their religious worship

6th.         As morality and piety, rightly grounded on high principles, will 
give  the  best and greatest security to government,  and will  lay,  in  the 
hearts  of  men,  the  strongest obligation to due  subjection;  and  as  the 
knowledge  of  these  is  most likely to be  propagated  through  a  society, 
therefore,  the  several parishes,  bodies corporate,  or religious societies 
shall  at  all times have the right of electing their own  teachers,  and  of 
contracting  with  them for their support or maintenance,  or  both.  But  no 
person  shall ever be compelled to pay towards the support of the schools  of 
any  sect or denomination.  And every person,  denomination or sect shall  be 
equally  under  the protection of the law;  and no subordination of  any  one 
sect, denomination or persuasion to another shall ever be established.  (Note 
- this Article amended 1968)

7th.          The  people of this state have the sole and exclusive right  of 
governing themselves as a free, sovereign, and independent state; and do, and 
forever hereafter shall,  exercise and enjoy every power,  jurisdiction,  and 
right,  pertaining thereto,  which is not,  or may not hereafter be,  by them 
expressly delegated to the United States of America in congress assembled.

8th.          All power residing originally in,  and being derived from,  the 
people,  all the magistrates and officers of government are their substitutes 
and  agents,  and at all times accountable to  them.  Government,  therefore, 
should  be open,  accessible,  accountable and responsive.  To that end,  the 
public's right of access to governmental proceedings and records shall not be 
unreasonably restricted. (note - as amended 1974)

9th.          No  office  or  place,  whatsoever,  in  government,  shall  be 
hereditary  -  the  abilities  and  integrity requisite  in  all,  not  being 
transmissible to posterity or relations.

th.      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 
nonresistance against arbitrary power,  and oppression,  is absurd,  slavish, 
and destructive of the good and happiness of mankind.

11th.        All elections are to be free,  and every inhabitant of the state 
eighteen  years  of age and upward shall have an equal right to vote  in  any 
election.  Every  person shall be considered an inhabitant for the purpose of 
voting in the town, ward,  or unincorporated place where he has his domicile. 
No  person shall have the right to vote under the constitution of this  state 
who  has been convicted of treason,  bribery or any willful violation of  the 
election  laws of this state or of the United States;  but the supreme  court 
may, on notice to the attorney general,  restore the privilege to vote to any 
person  who may have forfeited it by conviction of such offense.  The general 
court  shall provide by law for voting by qualified voters who at the time of 
the biennial or state elections, or of the primary elections therefor,  or of 
city elections, or of town elections by official ballot,  are absent from the 
city  or  town of which they are inhabitants,  or who by reason  of  physical 
disability  are  unable  to vote in person,  in the choice of any  office  or 
officers  to be elected or upon any question submitted at such election.  The 
right to vote shall not be denied to any person because of the non-payment of 
any tax. Every inhabitant of the state, having the proper qualifications, has 
equal right to be elected into office. (note - as amended 1974)

12th.        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.  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  controllable  by  any other laws than those to which  they,  or  their 
representative body, have given their consent. (Note - as amended1964)

13th.          No  person,   who  is  conscientiously  scrupulous  about  the 
lawfulness of bearing arms,  shall be compelled thereto.  (note -  as amended 
1964)

14th.        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; conformably to the laws.

15th.         No  subject shall be held to answer for any crime,  or offense, 
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  favorable  to 
himself;  to  meet  the witnesses against him face to face,  and to be  fully 
heard  in  his defense,  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  or 
deprived of his life, liberty, or estate,  but by the judgement of his peers, 
or  the law of the land.  Every person held to answer in any crime or offense 
punishable  by deprivation of liberty shall have the right to counsel at  the 
expense of the state if need is shown;  this right he is at liberty to waive, 
but only after the matter has been thoroughly explained by the court. (Note - 
as amended 1966)

16th.        No subject shall be liable to be tried, after an acquittal,  for 
the same crime or offense.  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.

17th.         In criminal prosecutions,  the trial of facts,  in the vicinity 
where they happened, is so essential to the security of the life, liberty and 
estate  of  the citizen,  that no crime or offense ought to be tried  in  any 
other county or judicial district than that in which it is committed;  except 
in any case in any particular county or judicial district, upon motion by the 
defendant,  and  after a finding by the court that a fair and impartial trial 
cannot be had where the offense may be committed,  the court shall direct the 
trial  to  a county or judicial district in which a fair and impartial  trial 
can be obtained. (Note - as amended 1978)

18th.         All  penalties  ought to be proportioned to the nature  of  the 
offense.  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 offenses, 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 offenses. For the same reason a multitude of sanguinary laws is both 
impolitic and unjust. The true design of all punishments being to reform, not 
to exterminate mankind.

19th.         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 
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.

20th.         In  all  controversies  concerning property and  in  all  suits 
between two or more persons,  except in cases in which it has been heretofore 
otherwise  used  and  practiced,  and except in cases in which the  value  in 
controversy does not exceed five hundred dollars, and title of real estate is 
not  concerned the parties have a right to a trial by jury and this method of 
procedure shall be held sacred, unless, in cases arising on the high seas and 
such  as relates to mariners'  wages the legislature shall think it necessary 
hereafter to alter it. (as amended 1960)

21st          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

22d.          Free  speech  and  liberty of the press are  essential  to  the 
security  of  freedom in a state:  they ought,  therefore,  to be  inviolably 
preserved. (as amended 1968)

23rd.        Retrospective laws are highly injurious, oppressive, and unjust. 
No  such laws,  therefore,  should be made,  either for the decision of civil 
causes, or the punishment of offenses.

24th.         A  well  regulated militia is the  proper,  natural,  and  sure 
defense, of a state.

25th.         Standing  armies are dangerous to liberty,  and ought not to be 
raised, or kept up, without the consent of the legislature.

26th.        In all cases,  and at all times,  the military ought to be under 
strict subordination to, and governed by, the civil power.

27th.         No  soldier in time of peace,  shall be quartered in any house, 
without the consent of the owner; and in time of war, such quarters ought not 
to  be  made  but  by  the civil authorities in  a  manner  ordained  by  the 
legislature. (as amended 1980)

28th.        No subsidy, charge, tax, impost, or duty,  shall be established, 
fixed, laid, or levied, under any pretext whatsoever,  without the consent of 
the people, or their representatives in the legislature, or authority derived 
from that body.

29th.         The  power  of suspending the laws,  or the execution of  them, 
ought  never to be exercised but by the legislature,  or by authority derived 
therefrom,  to  be exercised in such particular cases only as the legislature 
shall expressly provide for.

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

31st          The  legislature  shall  assemble for  the  redress  of  public 
grievances and for making such laws as the public good may require.

32d.         The people have a right, in an orderly and peaceable manner,  to 
assemble  and  consult  upon  the common good,  give  instructions  to  their 
representatives,  and to request of the legislative body,  by way of petition 
or remonstrance, redress of the wrongs done them,  and of the grievances they 
suffer.

33rd.        No magistrate,  or court of law,  shall demand excessive bail or 
sureties, impose excessive fines, or inflict cruel or unusual punishments.

34th.        No person can, in any case,  be subjected to law 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.

35th.         It  is  essential  to the preservation of the rights  of  every 
individual,  his life,  liberty,  property,  and 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.

36th.        Economy being a most essential virtue in all 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.

37th.         In  the  government of this state,  the three essential  powers 
thereof, to wit, the legislative, executive,  and judicial,  ought to be kept 
as  separate from,  and independent of,  each other,  as the nature of a free 
government will admit, or as is consistent with that chain of connection that 
binds  the whole fabric of the constitution in one indissoluble bond of union 
and amity

38th.         A  frequent  recurrence  to the fundamental principles  of  the 
constitution,  and a constant adherence to justice,  moderation,  temperance, 
industry, frugality, and all the social virtues,  are indispensably necessary 
to  preserve the blessings of liberty and good government;  the people ought, 
therefore, to have 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.

39th.         No  law  changing  the  charter  or form  of  government  of  a 
particular  city or town shall be enacted by the legislature except to become 
effective  upon  the  approval  of  the voters of  such  city  or  town  upon 
referendum  to be provided for in said law.The legislature may by general law 
authorize  cities  and  towns to adopt or amend their charters  or  forms  of 
government  in  any way which is not in conflict with general  law,  provided 
that  such  charters  or  amendments shall become  effective  only  upon  the 
approval  of  the voters of each such city or town on a referendum.  (note  - 
this article inserted 1966)
