Hacker Chronicles 2/HACKER2.BIN/906.NEWHAMP.TXT

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                    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.

Art. 2d   All men have certain natural, essential, and inherent rights
          - among which are, the enjoying and defending life and  lib-
          erty: 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.

Art. 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.

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

Art. 5th  Every individual has a natural and unalienable right to wor-
          ship God according  to the dictates  of his own  conscience,
          and reason; and no subject  shall be hurt, molested, or  re-
          strained, 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, sen-
          timents, or  persuasion; provided  he doth  not disturb  the
          public peace or disturb others in their religious worship

Art. 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  denomina-
          tion.   And  every  person,  denomination  or  sect shall be
          equally under the protection  of the law; and  no subordina-
          tion of any one sect, denomination or persuasion to  another
          shall ever  be established.   (Note -  this Article  amended
          1968)

Art 7th   The people of  this state have the sole and exclusive  right
          of governing themselves as  a free, sovereign, and  indepen-
          dent 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.

Art 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  account-
          able to them.   Government, therefore, should  be open,  ac-
          cessible,  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)

Art 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.

Art 10th  Government  being  instituted for  the common  benefit, pro-
          tection, 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 govern-
          ment.  The doctrine of nonresistance against arbitrary  pow-
          er, and oppression, is  absurd, slavish, and destructive  of
          the good and happiness of mankind.

Art 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 con-
          sidered 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  ab-
          sent 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 elect-
          ed 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)

Art 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 con-
          sent, 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)

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

Art 14th  Every subject of this state is entitled to a certain remedy,
          by having recourse to the laws, for all injuries he may  re-
          ceive 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.

Art 15th  No subject shall  be held to  answer  for any  crime, or of-
          fense, 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)

Art 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.

Art 17th  In criminal prosecutions, the trial of facts, in the  vicin-
          ity 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 im-
          partial trial can be obtained. (Note - as amended 1978)

Art 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  undistin-
          guishing severity is exerted against all offenses, the  peo-
          ple 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.

Art 19th  Every subject hath  a right to be secure from  all unreason-
          able 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  spec-
          ial 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  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)

Art 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

Art 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)

Art 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.

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

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

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

Art 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 authori-
          ties in a  manner ordained by  the legislature. (as  amended
          1980)

Art 28th  No  subsidy, charge, tax, impost,  or duty, shall be  estab-
          lished, fixed,  laid, or  levied, under  any pretext whatso-
          ever, without the consent of the people, or their represent-
          atives in  the legislature,  or authority  derived from that
          body.

Art 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 par-
          ticular cases only as  the legislature shall expressly  pro-
          vide for.

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

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

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

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

Art 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.

Art 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 admin-
          istration 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.

Art 36th  Economy being a most essential virtue in all states,  espec-
          ially 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 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

Art 38th  A frequent  recurrence to the fundamental principles  of the
          constitution, and a  constant adherence to  justice, modera-
          tion, temperance,  industry, frugality,  and all  the social
          virtues, are indispensably necessary to preserve the  bless-
          ings  of  liberty  and  good  government;  the people ought,
          therefore, to  have particular  regard to  all those princi-
          ples 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.

Art 39th  No law changing the charter or form of government of a  par-
          ticular city or town shall be enacted by the legislature ex-
          cept 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  govern-
          ment in any way which  is not in conflict with  general law,
          provided that such charters  or amendments shall become  ef-
          fective only upon  the approval of  the voters of  each such
          city or town on a referendum.  (note - this article inserted
          1966)