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and met accordingly. On examination of the votes returned for and against the said third Constitution, they found it was accepted by the people.

In order to facilitate a comparison of the Constitution finally adopted with the first and second which were rejected; and to enable persons who have not other means of information on the subject, to trace the process and progress in the "task" of forming a Constitution which the people approved and accepted; the Editor, with advice, has judged it expedient to print the whole Constitution, with the Bill of Rights entire, as the closing matter of this Volume-venturing to submit his opinion, in the form of a Note, on the first and second articles of said Bill, touching the application of the principles therein to the subject of Slavery in New Hampshire.

A CONSTITUTION,

CONTAINING A BILL OF RIGHTS, AND FORM OF GOVERNMENT,

Agreed upon by the Delegates of the people of the State of New-Hampshire, in Convention, held at Concord, on the first Tuesday of June, 1783; submitted to, and approved of, by the people of said State; and established by their Delegates in Convention, October 31, 1783.

PART I.

The Bill of Rights.

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.

*The Editor respectfully submits the opinion, that the first and second Articles in this BILL OF RIGHTS virtually, and in effect, abolished slavery as it existed in New Hampshire. This is evident from the following considerations and facts:

(1) As preliminary, it should be understood that slavery was never legalized in New Hampshire, i. e. never established by authority of law; but as it existed in other Colonies, it gradually crept in and was tolerated and regulated from time to time, here; so that Indian and negro servants or slaves were owned and held as property.-Laws of N. H. 1771, pp. 52, 53, 101; Prov. Pap. Vol. IV. pp. 245, 301, 305, 497, 499.

(2) Whether the first and second articles in the Bill of Rights, were originally designed to abolish slavery, and were voted on and adopted by the people generally with that understanding, may be a question;

III. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to in

but that this was the effect of their adoption cannot be doubted, for the following reasons, viz. :

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1. According to the census of New Hampshire taken in 1767. the number of "slaves" in the Province was 633; according to the census of 1775, the number of "negroes & slaves for life" was 657.-See Prov. Pap. N. H. Vol. VII. pp. 168-170 and 724-780; Comp. Coll. N. H. Hist. Soc. Vol. I. pp. 231-235. By the U. S. census, 1790, only six years after the adoption of the State Constitution, the number of SLAVES" in New Hampshire was returned as 158; but by the census of 1800, only 8; of 1810, o; of 1820, 0; in 1830, 3 were returned; in 1840, 1; since which, none has been returned. The proper explanation of these incompatible returns, the Editor conceives to be: That although by the State Constitution adopted in 1784, slavery was in fact terminated, and a very large proportion of those held as slaves availed themselves of their liberty, or were discharged; yet as a portion of them still remained in the families where they had lived, and perhaps did not desire a change; they were inadvertently reckoned by the census-takers, under the head of "Slaves"; no discrimination being made in regard to their condition, though in reality free. No other supposition can explain the inconsistency of the census returns at different periods: that is, 158 "slaves," in 1790; 8, in 1800; o, in 1810 and 1820. We cannot suppose that in the first decade, 150 slaves died, or otherwise changed their condition, leaving only 8, in 1800; and that of these, not one was left in 1810 and 1820, and yet there were 3 in 1830, and 1 in 1840.

2. But a still higher proof that the Bill of Rights abolished slavery, is found in the fact that previous and up to the adoption of the constitution, slaves had been for many years rated and taxed to their owners as horses, oxen and other kinds of property were taxed. See this point fully confirmed in Prov. Papers N. H., Vol. IV. pp. 301, 305, 497; Vol. VI. p. 175; Vol. VII. p. 143: Vol. VIII. pp. 849 and 966. This practice of assessing and taxing slaves, it is conceded, extended even a few years beyond 1784. But the reason or explanation of this is wholly consistent with the fact which we allege as to its proper termination: the explanation is this: That previous to the adoption of the constitution, preliminary steps were taken, Feb. 21, 1783, for a new proportion and inventory of all ratable estate, for taxation: A committee was appointed to prepare and bring in a bill for that purpose; which however was not completed, reported and passed till the June session, 1784. That bill like former ones included a tax "on male and female negroes and mulatto servants from 16 to 45 years of age;" this act continued in force until a new proportion was made, Feb. 8, 1789. See Prov. Pap. N. H., Vol. VIII. p. 966; also MS. Acts 1780-1784, pp. 562-572, in Secretary's office, and printed Journals of the House, 1788-9, in library of the N. H. Hist. Soc.; during which period, some who remained in families as servants were taxed to their owners-at least it so appears from town rates, as paid in Portsmouth, Dover and other places.

3. But as conclusive and final proof on this subject, it appears that when a new proportion was proposed at the fall session, 1788, on the 30th December, "The House took under consideration the Act for establishing an equitable method of making taxes," &c. and "after considerable debate, Voted, That polls in the said proportion be estimated at ten shillings (male and female servants expunged) horses and oxen four years old and upwards, at three shillings," &c. This vote was concurred by the Senate, and when the Bill was finally passed,

sure 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 those 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,

Feb. 8, 1799, and received the consent and signature of the governor, slaves ceased to be known and held as property in New Hampshire. No after legislation recognized the existence of slavery. The institution was dead.

In this conclusion, the Editor is happy to have the opinion of the Hon. CHARLES DOE, late judge in our Superior Court, who says, in a letter, Dec. 6, 1875: "It seems to me that a statement of the two facts that slaves were included in the Act of 1784, and were by an erasure of the MS. omitted in the Act of 1789-intentionally omitted-and the third fact, that they were taxed as property to their masters for several years under the Act of 1784, and probably every year until the Act of 1789; will throw more light on the intention of New Hampshire to abolish slavery, than anything else there is in print: That expunging of male and female servants' in the MS. of 1789, seems to me very significant as showing an intention to treat slavery as a dead institution." 4. With the above statements and facts, it is manifest, that Dr. Belknap was mistaken in the opinion which he seemed to favor, that the Bill of Rights had only the effect to give freedom to those who should be born after the adoption of the constitution. [See Belk. Hist. N. H., Vol. 3, pp. 211, 212. 1812.]

For facts in illustration and confirmation of the foregoing opinion, see Bouton's Hist. of Concord, pp. 250-254.

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 denomi

nation.

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, 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 expence of such protection, and to yield his personal service when neces sary, 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 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, 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 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 citizen, 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 assembly 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 those of the lightest dye: For the same reason a multitude

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