NOTE. The next meeting of this Constitutional Convention was at Concord, June 5, 1779-at which time, a Constitution was agreed upon and sent out to the people for their adoption. The copy of the Constitution, from which this is transcribed, is printed on both sides of a half-sheet of large size, and issued from the Press of Zechariah Fowle, in Exeter, 1779. It is the only copy of the original print which the Editor has found, and is as follows (1):

[THE CONSTITUTION PROPOSED IN 1779.]

A DECLARATION OF RIGHTS, AND PLAN OF GOVERNMENT FOR THE STATE OF NEW HAMPSHIRE.

WHEREAS, by the tyrannical administration of the government of the King and Parliament of Great Britain, this State of New Hampshire, with the other United States of America, have been necessitated to reject the British government, and declare themselves Independent States-all which is more largely set forth by the Continental Congress, in their resolution or Declaration of the fourth of July, A. D. 1776:

And whereas, it is recommended by the said Continental Congress to each and every of the said United States to establish a form of government most conducive to the welfare thereof: We the delegates of the said State of New Hampshire, chosen for the purpose of forming a permanent plan of government subject to the revisal of our constituents, have composed the following Declaration of Rights and Plan of Government; and recommend the same to our constituents for their approbation.

A Declaration of the Rights of the People of the State of New Hampshire.

Ist. WE declare, that we the people of the State of New

(1) See a copy also in Coll. of N. H. Hist. Soc. Vol: 4, pp. 156-161. ED.

Hampshire, are free and independent of the Crown of Great Britain.

2d. We the people of this State, are entitled to life, liberty and property; and all other immunities and privileges which we heretofore enjoyed.

3d. The common and statute laws of England, adopted and used here; and the laws of the State (not inconsistent with said Declaration of Independence) now are, and shall be in force here, for the welfare and good government of the State, unless the same shall be repealed or altered by the future legislature thereof.

4th. The whole and entire power of government of this State, is vested in, and must be derived from the people thereof, and from no other source whatsoever.

5th. The future legislature of this State, shall make no laws to infringe the rights of conscience, or any other of the natural, unalienable Rights of Men, or contrary to the laws of GOD, or against the Protestant religion.

6th. The extent of territory of this State, is, and shall be the same which was under the government of the late Gov. John Wentworth, Esq. Governor of New Hampshire. Reserving, nevertheless, our claim to the New Hampshire Grants, so called, situated to the west of Connecticut river.

7th. The right of trial by jury in all cases as heretofore used in this State, shall be preserved inviolate forever.

A PLAN OF GOVERNMENT FOR THE STATE OF NEW HAMPSHIRE.

1st. The State of New Hampshire shall be governed by a Council, and House of Representatives, to be chosen as herein after mentioned, and to be styled the General Court of the State of New Hampshire.

2d. The Council shall consist for the present of twelve members, to be elected out of the several counties in the State, in proportion to their respective number of inhabitants.

3d. The numbers belonging to each county for the present, according to said proportion being as followeth, viz.-To the county of Rockingham, five-to the county of Strafford, twoto the county of Hillsborough, two-to the county of Cheshire, two-to the county of Grafton, one.

4th. The number for the county of Rockingham, shall not be increased or diminished hereafter, but remain the same, and the numbers for the other counties shall be increased or diminished as their aforesaid proportion to the county of Rockingham may chance to vary.

5th. The House of Representatives shall be chosen as follows. Every town or parish, choosing town officers, amounting to one hundred families and upwards, shall send one representative for each hundred families they consist of, (or such lesser number as they please) or class themselves with some other towns or parishes that will join in sending a representative.

6th. All other towns and parishes under the number of one hundred families, shall have liberty to class themselves together to make the number of one hundred families or upwards, and being so classed, each class shall send one representative.

7th. The number of Counsellors belonging to each county shall be ascertained and done by the General Court every time there is a new proportion made of the State tax, which shall be once in seven years at the least, and oftener if need be.

8th. All male inhabitants of the State of lawful age, paying taxes, and professing the protestant religion, shall be deemed legal voters in choosing counsellors and representatives, and having an estate of three hundred pounds, equal to silver at six shillings and eight pence per ounce, one half at least whereof to be real estate, and lying within this State, with the qualifications aforesaid, shall be capable of being elected.

9th. The selectmen of each respective town and parish, choosing town officers containing one hundred families or upwards, and also of each respective class of towns classed together as aforesaid, shall notify the legal voters of their respective towns, parishes, or classes, qualified as aforesaid, in the usual way of notifying town meetings, giving fifteen days notice at least, to meet at some convenient place on the last Wednesday of November annually, to choose counsellors and representatives.

10th. And the voters being met, and the moderator chosen, shall proceed to choose their representative or representatives, required by this constitution by a majority of the voters present, who shall be notified accordingly, and a return thereof made into the Secretary's office, by the first Wednesday of January then next.

11th. And such representatives shall be paid their wages by their constituents, and for their travel by the State.

12th. And in the choice of counsellors, each voter shall deliver his vote to the moderator for the number of counsellors respectively required, with the word counsellors written thereon, and the voters name endorsed to prevent duplicity.

13th. These votes shall be sealed up by the moderator,_and transmitted by the constable to one of the justices of the Infe

rior Court of Common Pleas for the county, before the second Wednesday in December next following.

14th. And the said justices of the Inferior Court shall meet together on the said second Wednesday of December annually, to count the votes, and the persons that have most votes to the number of counsellors required, shall be declared duly elected, and shall be notified by the said justices accordingly, and a return thereof shall be made by them into the secretary's office by the first Wednesday in January annually.

15th. And in case any two persons shall have a like number of votes, the said justices may determine the choice in favor of which they please.

16th. The Council and House of Representatives so chosen and returned as aforesaid, shall meet on the first Wednesday in January next after their being chosen, at such place as the present, or future General Court may from time to time appoint: and being duly sworn, shall hold their respective places until the first Wednesday in January then next.

17th. The council shall choose their president, vice-president, and Secretary; and the house of representatives shall choose their speaker and clerk.

18th. The council and house of representatives respectively, shall determine all disputed elections of their own members, regulate their own proceedings; and on any vacancy, order a new election to fill up such vacancy.

19th. The said General Court elected and constituted as aforesaid, shall be invested with the supreme power of the State. And all acts, resolves, or votes, except grants of money, lands, or other things may originate in either house; but such grants shall originate in the house of representatives only.

20th. The said council and house of representatives respectively, shall have power to adjourn themselves from day to day, but not longer than two days at any one time, without concurrence of the other.

21st. The President of the council shall hold public correspondence with other States, or persons; call the council together when occasion shall require; and with advice of three or more of the council shall from time to time call the General Court together if need be, before the time they were adjourned to; and also point out the principal business of their session.

22d. The military and naval power of the State shall be regulated, and all proper officers thereof appointed, as the legislature by law shall direct from time to time.

23d. The judges of the superior and inferior courts, judges