'knowledge of their talents may be acquired by the Governor and Council, without that difficulty, which would attend an examination, respecting the abilities of persons qualified to serve as Captains and Subalterns.

THE Governor and Council will have every inducement to be particular in the appointment of proper persons, as General & field officers, & the field officers must feel their honor too nearly concerned, in the nomination of their under officers, to recommend any, without first availing themselves of every necessary information and advice. We have been thus particular upon this head on account of its great importance to the State, our own observations, and the opinion of every person versed in the art of war, concur in persuading us, that our safety, and yours, as well as that of unborn posterity, will depend upon your rejecting the ill-judged method of electing officers by the voice of tumult, dissention, and party spirit, and adopting the natural, and rational mode of appointment which we recommend.

THE judicial department falls next under our consideration.

THIS Comprehends the Judges of the several courts, and the Justices of the peace throughout the State. These are all appointed by the Governor, with the advice of Council, but not removable by him in case of mal-conduct, but by the Legislature—and in no case without the intervention of that body.

THE Judges all hold their offices during good behaviour; the only proper tenure, especially for the Judges of the Supreme Court of Judicature, as they ought, in a peculiar manner, to feel themselves independent and free, and as none would be at the pains to qualify themselves for such important places, if they were liable to be removed at pleasure. As another inducement for persons so to qualify themselves, as an encouragement to vigilance, and an antidote to bribery and corruption; adequate, honorable, and permanent salaries to the Judges of the Supreme Court in a particular manner, we have made assential in the Constitution, and do now most strongly recommend.

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 need pointing out. Sad experience has evinced the necessity of such 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 a still 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 endeavor'd therein to ascertain and define the most important and essential natural rights of men. 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 inade

quate 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.

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 laboured to form this Constitution. They have done it in integrity and faithfulness. They 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 candour, 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 cheerful acquiescence, your decision.

In the name, and pursuant to a Resolution of the Convention.

GEORGE ATKINSON, President. Attest, JOHN SULLIVAN, Secretary P. T.

NOTE BY THE EDITOR.

The BILL OF RIGHTS, included in this second Constitution, is word for word exactly like that sent out with the first (and hence need not be repeated)-except in the following articles, which readers will please notice; the difference being marked by parallel lines, thus |.

ARTICLE 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.

ARTICLE XVII. In criminal prosecutions, the trial of facts in the vicinity where they happen, is so essential to the security of 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; except in cases of a general insurrection in any particular county, where 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 where an impartial trial can be obtained.||

ARTICLE XX. [The last line.] the Legislature shall ||think|| it necessary hereafter to alter it.

ARTICLE XXXVI. Economy being a most essential virtue in all States, more especially in a young one, no person ought to receive any stipend or salary, but as an equivalent for actual services; and the Legislature ought to be exceeding cautious of granting pensions, especially for life.||

A CONSTITUTION OR FORM OF GOVERNMENT

FOR THE STATE OF NEW HAMPSHIRE.

PART II.

THE People inhabiting the Territory formerly called the Province of New-Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign, and independent Bodypolitic or State, by the Name of the STATE OF NEW-HAMPSHIRĚ.

THE GENERAL COURT.

THE Supreme Legislative power within this State shall be vested in a Senate and House of Representatives, each of which shall have a negative on the other.

THE Senate and House shall assemble every year on the first Wednesday of June, and at such other times as they may judge necessary, and shall dissolve, and be dissolved, seven days next preceding the said first Wednesday in June; and shall be stiled THE GENERAL COURT OF NEW-HAMPSHIRE.

No bill or resolve of the Senate or House of Representatives shall become a law, and have force as such, until it shall have been laid before the Governor for his revisal: And if he, upon such revision, approve thereof, he shall signify his approbation by signing the same.But if he has any objection to the passing of such bill or resolve, he shall return the same, together with his objections thereto, in writing, to the Senate or House of Representatives, in which soever the same shall have originated; who shall enter the objections sent down by the Governor, at large, on their records, and proceed to reconsider the said bill or resolve: But if upon such reconsideration, three quarters of the said Senate or House of Representatives, shall notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the Legislature, where it shall be also reconsidered, and if approved by three quarters of the members present, it shall have the force of law: But in all such cases, the votes of both Houses shall be determined by yeas and nays; and the names of the persons voting for, or against, the said bill or resolve, shall be entered upon the public records of the State.

And in order to prevent unnecessary delays, if any bill or resolve having been presented to the Governor, shall not be returned by him within the next eight days of the sitting of the General-Assembly, at the same session; or if it shall not so long continue, then on the second day of their next session, the same shall have the force of a law.

THE General Court shall forever have full power and authority to erect and constitute judicatories and courts of record, or other courts, to be holden in the name of the State, for the hearing, trying, and determining all manner of crimes, offences, pleas, processes, plaints, actions, causes, matters, and things, whatsoever; arising, or happening within this State, or between or concerning persons inhabiting, or residing, or brought within the same, whether the same be criminal or civil, or whether the crimes be capital, or not capital, and whether the said pleas be real, personal, or mixt; and for the awarding and issuing execution thereon. To which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer

oaths or affirmations, for the better discovery of truth in any matter in controversy, or depending before them.

AND farther, full power and authority are hereby given and granted to the said General Court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant, or contrary to this Constitution, as they may judge for the benefit and welfare of this State, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defence of the government thereof; and to name and settle annually, or provide by fixed laws, for the naming and settling all civil officers within this State; such officers excepted, the election and appointment of whom, are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this State, and the forms of such oaths or affirmations, as shall be respectively administered unto them for the execution for their several offices and places, so as the same be not repugnant or contrary to this Constitution; and also to impose fines, mulcts, imprisonments, and other punishments; and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and residents within the said State; and upon all estates within the same; to be issued and disposed of by warrant under the hand of the Governor of this State for the time being, with the advice and consent of the Council, for the public service, in the necessary defence and support of the Government of this State, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be in force within the same.

AND while the public charges of government or any part thereof, shall be assessed on polls and estates in the manner that has heretofore been practised; in order that such assessments may be made with equality, there shall be a valuation of the estates within the State taken anew once in every five years at least, and as much oftener as the General Court shall order.

SENATE.

THERE shall be annually elected by the freeholders and other inhabitants of this State, qualified as in this Constitution is provided, twelve persons to be Senators for the year ensuing their election; to be chosen in and by the inhabitants of the districts, into which this State may from time to time be divided by the General Court for that purpose: And the General Court, in assigning the number to be elected by the respective districts, shall govern themselves by the proportion of public taxes paid by the said districts; and timely make known to the inhabitants of the State, the limits of each district, and the number of Senators to be elected therein; provided the number of such districts shall never be more than ten, nor less than five.

AND the several Counties in this State, shall, until the General Court shall order otherwise, be districts for the election of Senators, and shall elect the following number, viz.

Rockingham, five.
Strafford, two.
Hillsborough, two.
Cheshire, two.
Grafton, one.

THE Senate shall be the first branch of the Legislature: And the Senators shall be chosen in the following manner, viz. Every male inhabitant of each Town and Parish with town privileges in the several Counties in this State, of twenty one years of age and upwards, paying

for himself a poll tax, shall have a right at the annual or other meetings of the inhabitants of said Towns and Parishes, to be duly warned and holden annually forever in the month of March; to vote in the Town or Parish wherein he dwells, for the Senators in the County or district whereof he is a member.

AND every person qualified as the Constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this State, in that Town, Parish and Plantation where he dwelleth and hath his home.

THE Selectmen of the several Towns and Parishes aforesaid, shall, during the choice of Senators, preside at such meetings impartially, and shall receive the votes of all the inhabitants of such Towns and Parishes present and qualified to vote for Senators, and shall sort and count the same in meeting, and in presence of the Town Clerk, who shall make a fair record in presence of the Selectmen, and in open meeting, of the name of every person voted for, and the number of votes against his name; and a fair copy of this record shall be attested by the Selectmen and Town Clerk, and shall be sealed up and directed to the Secretary of the State, with a superscription expressing the purport thereof, and delivered by said Clerk to the Sheriff of the County in which such Town or Parish lies, thirty days at least, before the first Wednesday of June; and the Sheriff of each County or his deputy, shall deliver all such certificates by him received into the Secretary's office, seventeen days at least, before the first Wednesday of June.

And the inhabitants of plantations and places unincorporated, qualified as this Constitution provides, who are or shall be required to assess taxes upon themselves towards the support of government, or shall be taxed therefor, shall have the same privilege of voting for Senators in the plantations and places wherein they reside, as the inhabitants of the respective Towns and Parishes aforesaid have. And the meetings of such plantations and places for that purpose shall be holden annually in the month of March, at such places respectively therein, as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors, collecting and returning the votes, as the Selectmen and Town Clerks have in their several Towns by this Constitution.

AND, that there may be a due meeting of Senators on the first Wednesday of June, annually, the Governor and three of the Council for the time being, shall as soon as may be, examine the returned copies of such records; and fourteen days before the said first Wednesday of June, he shall issue his summons to such persons as appear to be chosen Senators by a majority of votes, to attend and take their seats on that day: Provided, nevertheless, that for the first year the said returned copies shall be examined by the President and five of the Council of the former Constitution of government; and the said President shall in like manner notify the persons elected, to attend and take their seats accordingly.

THE Senate shall be final judge of the elections, returns, and qualifications of their own members, as pointed out in this Constitution, and shall on the said first Wednesday of June annually, determine and declare, who are elected by each district to be Senators by a majority of votes: And in case there shall not appear to be the full number returned elected by a majority of votes for any district, the deficiency shall be supplied in the following manner, viz. the members of the house of Representatives and such Senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of votes in each district, and not elected, amounting to twice the number of Senators wanting, if there be so many voted for; and