have made essential in the Constitution, and do now most strongly recon.mend.

The alteration of Justices' commissions from life to five years, is to guard against age, incapacity, and too large a number; to secure the appointment of the best; and to prevent too frequent addresses and impeachments. You will judge of the propriety and expediency of this innovation, and either give it your sanction or not, as appears to you best.

The reasons for the EXCLUSION BILL are too obvious to be pointed out. Sad experience has evinced the necessity of such a provision. Besides the interference of several offices held by the same person, in point of time, which we have often seen; and the difficulty of one man's giving his attention to many matters sufficiently to understand them all, which we have too often felt; there is still a stronger reason, which is the difficulty of a man's preserving his integrity in discharging the duties of each unstained-at least by suspicion.

From the deepest impression of the vast importance of LITERATURE in a free government, we have interwoven it with, and made its protection and encouragement a part of the Constitution itself.

The BILL OF RIGHTS contains the essential principles of the Constitution. It is the foundation on which the whole political fabric is reared, and is consequently, a most important part thereof. We have endeavored therein to ascertain and define the most important and essential natural rights of man. We have distinguished betwixt the alienable and unalienable rights for the former of which men may receive an equivalent for the latter, or the RIGHTS OF CONSCIENCE, they can receive none; The World itself being wholly inadequate to the purchase. "For what is a man profited, though he should gain the whole world, and lose his own soul?"

The various modes of worship among mankind, are founded in their various sentiments and beliefs concerning the GREAT OBJECT of all religious worship and adoration. Therefore to him alone and not to man, are they accountable for them.

ness.

Thus the Convention have endeavored to explain as particularly as they could without trespassing on your patience, the reasons and principles upon which they have labored to form this Constitution. They have done it in integrity and faithfulThey conceived themselves as part of the community for which the Constitution is intended, and therefore equally interested with the other members in framing the best. Whatever latent defects there may be in it, time will discover them —and, at the end of seven years, provision is made that they may be amended. Confiding therefore, in your candor, and humbly imploring on your behalf, that assistance which the

fountain of Wisdom sees you need, we leave it in your hands, and wait with chearful acquiescence, your decision.

In the Name and pursuant to a Resolution of the Con

vention.

GEORGE ATKINSON, President.

Attest. JONA. M. SEWALL, Secretary.

PROPOSED CONSTITUTION OF 1781.

A CONSTITUTION OR FORM OF GOVERNMENT, AGREED UPON BY THE DELEGATES OF THE PEOPLE OF THE STATE OF NEW HAMPSHIRE IN CONVENTION,

Begun and held at Concord, on the second Tuesday of June,, 1781, and continued by adjournment, to the second Tuesday of September following: To be submitted to the PEOPLE for their revision, in order to the completing of the same, in conformity to their amendments, at a session to be holden for that purpose, on the fourth Wednesday of January next.

A CONSTITUTION OR FORM of Government for the STATE OF NEW HAMPSHIRE.

PART I.

A Declaration of the Rights of the People of New Hamp

shirc.

ARTICLE I.

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.

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 secure 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.

V.

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.

VI.

As morality and piety, rightly grounded on evangelical principles, will give the best and greatest security to Government, and will lay in the hearts of men the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society by the institution of the public worship of the Deity and of public instruction in morality and religion; therefore to promote these important purposes, the people of this State have a right to impower, and do hereby fully impower the Legislature to authorize from time to time, the several towns, parishes, bodies corporate or religious societies within this State to make adequate provision at their own expence, for the support and maintenance of public Protestant teachers of piety, religion and morality;

Provided notwithstanding, That the several towns, parishes, bodies-corporate or religious societies, shall at all times have the exclusive right of electing their own public teachers, and of contracting with them for their support and maintenance. And no person of any one particular religious sect or denomination, shall ever be compelled to pay towards the support of the teacher or teachers of another persuasion, sect or denomination.

And every denomination of christians demeaning themselves quietly and as good subjects of the State, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law.

And nothing herein shall be understood to affect any former contracts made for the support of the ministry, but all such contracts shall remain and be in the same state as if this Constitution had not been made.

VII.

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.

VIII.

All power residing originally in, and being derived from the people, all the magistrates, and officers of government, arc 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 expence 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 controllable 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 law

fulness 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, conformably to the laws.

XV.

No subject shall be held to answer for any crime, 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 favorable 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 any crime or offence whatsoever. 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 citizen, that no crime or offence ought to be tried in any other county than where it is committed.

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, that 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 those of the lightest dye; for the same reason a multitude of sanguinary laws are both impolitic and unjust. The true design of all punishment being to reform, not to exterminate, mankind.