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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)