90. All laws which have heretofore been adopted, used and approved in the province, colony or State of New Hampshire, and usually practiced on in the courts of law, shall remain and be in full force until altered and repealed by the Legislature, such parts thereof only excepted as are repugnant to the rights and liberties contained in this Constitution; Provided, That nothing herein contained, when compared with the twenty-third article in the bill of rights, shall be construed to affect the laws already made respecting the persons or estates of absentees.

91. The privilege and benefit of the habeas corpus shall be enjoyed in this State in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a time not exceeding three months.

92. The enacting style in making and passing acts, statutes and laws shall be, Be it enacted by the Senate and House of Representatives, in General Court convened.

93. No Governor or Judge of the Supreme Judicial Court shall hold any office or place under the authority of this State, except such as by this Constitution they are admitted to hold, saving that the judges of the said court may hold the offices of Justices of the Peace throughout the State; nor shall they hold any place or office, or receive any pension or salary from any other State, government or power whatever.

94. No person shall be capable of exercising at the same time more than one of the following offices in this State, viz.: Judge of Probate, Sheriff, Register of Deeds, and never more than two offices of profit, which may be held by appointment of the Governor, or Governor and Council, or Senate and House of Representatives, or superior or inferior courts; military offices and offices of Justices of the Peace excepted.

95. No person holding the office of judge of any court, except special Judges, Secretary, Treasurer of the State, Attorney-General, Commissary-General, military officers receiving pay from the continent or this State, excepting officers of the militia, occasionally called forth on an emergency, Register of Deeds, Sheriff, or officers of the customs, including naval officers, collectors of excise and State and continental taxes, hereafter appointed, and not having settled their accounts with the respective officers with whom it is their duty to settle such accounts, members of Congress, or any person holding any office under the United States, shall at the same time hold the office of Governor, or have a seat in the Senate, or House of Representatives, or Council; but his being chosen and appointed to and accepting the same, shall operate as a resignation of their seat in the chair, Senate, or House of Representatives, or Council, and the place so vacated shall be filled up. No member of the Council shall have a seat in the Senate or House of Representatives.

96. No person shall ever be admitted to hold a seat in the Legislature, or any office of trust or importance under this government, who, in the due course of law, has been convicted of bribery or corruption in obtaining an election or appointment.

97. In all cases where sums of money are mentioned in this Constitution, the value thereof shall be computed in silver at six shillings and eight pence per ounce.

98. To the end that there may be no failure of justice or danger to the State, by the alterations and amendments made in the Constitution, the General Court is hereby fully authorized and directed to fix the time when the alterations and amendments shall take effect, and make the necessary arrangements accordingly.*

99. It shall be the duty of the Selectmen and Assessors of the several towns and places in this State, in warning the first annual meetings for the choice of Senators, after the expiration of seven years from the adoption of this Constitution as amended, to insert expressly in the warrant this purpose among others for the meeting, to wit: to take the sense of the qualified voters on the subject of a revision of the Constitution; and the meeting being warned accordingly, and not otherwise, the moderator shall take the sense of the qualified voters present as to the necessity of a revision; and a return of the number of votes for and against such necessity shall be made by the clerk, sealed up and directed to the General Court at their then next session; and if it shall appear to the General Court by such return, that the sense of the people of the State has been taken, and that, in the opinion of the majority of the qualified voters in the State, present and voting at the said meetings, there is a necessity for a revision of the Constitution, it shall be the duty of the General Court to call a Convention for that purpose; otherwise the General Court shall direct the sense of the people to be taken, and then proceed in the manner before mentioned; the delegates to be chosen in the same manner, and proportioned as the Representatives to the General Court; Provided, That no alterations shall be made in this Constitution before the same shall be laid

* See Act of December 14, 1792.

before the towns and unincorporated places, and approved by two-thirds of the qualified voters present and voting on the subject.

100. And the same method of taking the sense of the people as to the revision of the Constitution, and calling a Convention for that purpose, shall be observed afterward, at the expiration of every seven years.

101. This form of government shall be enrolled on parchment, and deposited in the Secretary's office, and be a part of the laws of the land, and printed copies thereof shall be prefixed to the books containing the laws of this State in all future editions thereof. JOHN PICKERING, President, pro tem.

Attest: JOHN CALFE, Secretary.

IN CONVENTION.

HELD AT CONCORD THE FIFTH DAY OF SEPTEMBER, ANNO DOMINI 1792.

The returns from the several towns and unincorporated places being examined, and it appearing that the foregoing Bill of Rights and Form of Government, as amended by the Convention, were approved by more than two-thirds of the qualified voters present in town meetings, and voting upon the question, the same are agreed on and established by the delegates of the people in Convention, and declared to be the civil Constitution of the State of New Hampshire.

Attest: JOHN CALFE, Secretary.

SAMUEL LIVERMORE, President of the Convention.

AMENDMENTS.

PROCLAMATION.

EXECUTIVE DEPARTMENT,
CONCORD, September 16th, 1852.

}

Be it known, That I, Noah Martin, Governor of the State of New Hampshire, in obedience to the request of the Constitutional Convention, do hereby proclaim to the people of this State, that the Constitution of the same is amended by striking from it in part 2d, section 14th, the words "shall have an estate within the district where he may be chosen to represent of the value of one hundred pounds, one-half of which to be a freehold whereof he is seized in his own right;" and from section 29th the words "and seized of a freehold estate in his own right of the value of a hundred pounds, being within this State;" and from section 42d the words "and unless he shall at the same time have an estate of the value of five hundred pounds, one-half of which shall consist of a freehold in his own right within this State."

The foregoing property qualifications are stricken out, and the Constitution is thus amended by the suffrages of more than two-thirds of the legal voters present in town meeting and voting upon the questions.

Given under my hand, and the seal of the State affixed, at the Council Chamber, [L. S.] September the sixteenth, A. D. 1852, and of the independence of the United States of America the seventy-seventh.

By the Governor.

JOHN L. HADLEY, Secretary of State.

NOAH MARTIN.

CONSTITUTION OF NEW JERSEY. 1844.*

We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, do ordain and establish this Constitution.

* New Jersey was included in the grant of Charles II. to the Duke of York in 1660, and subsequently conveyed to Lord Berkley and Sir George Carteret, who established a provincial government in 1665. Difficulties having arisen in the administration, the province was surrendered to the crown in 1702, and a royal government was established, and continued until 1776, when the first State Constitution was adopted. On the 14th day of May, 1844, the present Constitution was adopted.

ARTICLE I.

RIGHTS AND PRIVILEGES.

1. All men are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

2. All political power is inherent in the people.

Government is instituted for the protection, security and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

3. No person shall be deprived of the inestimable privilege of worshiping Almighty God in a manner agreeable to the dictates of his own conscience; nor under any pretense whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or has deliberately and voluntarily engaged to perform.

4. There shall be no establishment of one religious sect in preference to another; no religious test shall be required as a qualification for any office or public trust; and no person shall be denied the enjoyment of any civil right merely on account of his religious principles.

5. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions or indictments for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

6. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.

7. The right of trial by jury shall remain inviolate; but the Legislature may authorize the trial of civil suits, when the matter in dispute does not exceed fifty dollars, by a jury of six men.

8. In all criminal prosecutions the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel in his defense.

9. No person shall be held to answer for a criminal offense, unless on the presentment or indictment of a grand jury, except in cases of inpeachment, or in cases cognizable by Justices of the Peace, or arising in the army or navy; or in the militia, when in actual service in time of war or public danger.

10. No person shall, after acquittal, be tried for the same offense. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or presumption great.

11. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety may require it.

12. The military shall be in strict subordination to the civil power.

13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in a manner prescribed by law.

14. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.

15. Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.

16. Private property shall not be taken for public use, without just compensation; but land may be taken for public highways, as heretofore, until the Legislature shall direct compensation to be made.

17. No person shall be imprisoned for debt in any action, or on any judgment founded upon contract, unless in cases of fraud; nor shall any person be imprisoned for a militia fine in time of peace.

18. The people have the right freely to assemble together, to consult for the common good, to make known their opinions to their Representatives, and to petition for redress of grievances.

19. This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.

ARTICLE II.

RIGHT OF SUFFRAGE.

1. Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of this State one year, and of the county in which he claims his vote five months, next before the election, shall be entitled to vote for all officers that now are, or hereafter may be elective by the people; Provided, That no person in the military, naval, or marine service of the United States shall be considered a resident in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no pauper, idiot, insane person, or person convicted of a crime which now excludes him from being a witness, unless pardoned or restored by law to the right of suffrage, shall enjoy the right of an elector.

2. The Legislature may pass laws to deprive persons of the right of suffrage who shall be convicted of bribery at elections.

ARTICLE III.

DISTRIBUTION OF THE POWERS OF GOVERNMENT.

1. The powers of the government shall be divided into three distinct departmentsthe Legislative, Executive and Judicial; and no person or persons belonging to, or constituting one of these departments, shall exercise any of the powers properly belonging to either of the others, except as herein expressly provided.

ARTICLE IV.-LEGISLATIVE.

SECTION 1.

1. The Legislative power shall be vested in a Senate and General Assembly. 2. No person shall be a member of the Senate who shall not have attained the age of thirty years, and have been a citizen and inhabitant of the State for four years, and of the county for which he shall be chosen one year, next before his election; and no person shall be a member of the General Assembly who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State for two years, and of the county for which he shall be chosen one year next before his election; Provided, That no person shall be eligible as a member of either House of the Legislature, who shall not be entitled to the right of suffrage.

3. Members of the Senate and General Assembly shall be elected yearly and every year, on the second Tuesday of October; and the two Houses shall meet separately on the second Tuesday in January next after the said day of election; at which time of meeting the legislative year shall commence; but the time of holding such election may be altered by the Legislature.

SECTION 2.

1. The Senate shall be composed of one Senator from each county in the State, elected by the legal voters of the counties, respectively for three years.

2. As soon as the Senate shall meet after the first election to be held in pursuance of this Constitution, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year, and of the third class at the expiration of the third year, so that one class may be elected every year; and if vacancies happen, by resignation or otherwise, the persons elected to supply such vacancies shall be elected for the unexpired terms only.

SECTION 3.

1. The General Assembly shall be composed of members annually elected by the legal voters of the counties, respectively, who shall be apportioned among the said counties as nearly as may be according to the number of their inhabitants. The present apportionment shall continue until the next census of the United States shall have been taken, and an apportionment of members of the General Assembly shall be made by the Legislature at its first session after the next and every subsequent enumeration or census, and when made shall remain unaltered until another enumeration shall have been taken; Provided, That each county shall at all times be entitled to one member.; and the whole number of members shall never exceed sixty.

SECTION 4.

1. Each House shall direct writs of election for supplying vacancies, occasioned by death, resignation, or otherwise; but if vacancies occur during the recess of the Legislature, the writs may be issued by the Governor, under such regulations as may be prescribed by law.

2. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House shall provide.

3. Each House shall choose its own officers, determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, may expel a member.

4. Each House shall keep a journal of its proceedings, and from time to time publish the same; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal.

5. Neither House, during the session of the Legislature, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

6. All bills and joint resolutions shall be read three times in each House, before the final passage thereof; and no bill or joint resolution shall pass, unless there be a majority of all the members of each body personally present and agreeing thereto; and the yeas and nays of members voting on such final passage shall be entered on the journal.

7. Members of the Senate and General Assembly shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the State; which compensation shall not exceed the sum of three dollars per day for the period of forty days from the commencement of the session; and shall not exceed the sum of one dollar and fifty cents per day for the remainder of the session. When convened in extra session by the Governor, they shall receive such sum as shall be fixed for the first forty days of the ordinary session. They shall also receive the sum of one dollar for every ten miles they shall travel, in going to and returning from their place of meeting, on the most usual route. The President of the Senate and the Speaker of the House of Assembly shall, in virtue of their offices, receive an additional compensation, equal to one-third of their per diem allowance as members.

8. Members of the Senate or of the General Assembly shall, in all cases except treason, felony, and breach of peace, be privileged from arrest during their attendance at the sitting of their respective Houses, and in going to and returning from the same; and for any speech or debate, in either House, they shall not be questioned in any other place.

SECTION 5.

1. No member of the Senate and General Assembly shall, during the time for which he was elected, be nominated or appointed by the Governor or by the Legislature in joint-meeting, to any civil office under the authority of this State, which shall have been created, or the emoluments whereof shall have been increased, during such time.

2. If any member of the Senate or General Assembly shall be elected to represent this State in the Senate or House of Representatives of the United States, and shall accept thereof, or shall accept of any office or appointment under the government of the United States, his seat in the Legislature of this State shall thereby be vacated.

3. No Justice of the Supreme Court, nor judge of any other court, Sheriff, Justice of the Peace, nor any person or persons possessed of any office of profit under the Government of this State shall be entitled to a seat either in the Senate or in the General Assembly; but on being elected and taking his seat, his office shall be considered vacant; and no person holding any office of profit under the government of the United States shall be entitled to a seat in either house.

SECTION 6.

1. All bills for raising revenue shall originate in the House of Assembly; but the Senate may propose or concur with amendments, as on other bills.

2. No money shall be drawn from the treasury but for appropriations made by law. 3. The credit of the State shall not be directly or indirectly loaned in any case. 4. The Legislature shall not, in any manner, create any debt or debts, liability or liabilities, of the State, which shall singly or in the aggregate, with any previous debts or liabilities, at any time exceed one hundred thousand dollars, except for purposes of