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 [...]o 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 G [...]VERNMENT subject to the Revisal of our CONSTITUENTS, have com­po [...]ed 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.

First, WE declare, that we the People of the State of New-Hampshire, are Free and Independant of the Crown of Great-Britain.

Secondly. We the People of this State, are intitled to Life, Liberty, and Property; and all other Immunities and Privileges which we heretofore enjoyed.

Thirdly. The Common and Statute Laws of England, adopted and used here, and the Laws of this State (not inconsistent with said Declaration of INDEPENDENCE) now are, and shall be in force here, for the Welfare and good Government of the Sta [...]e, unless the same shall be repealed or altered b [...] the future Legislature thereof.

Fourthly. The whole and intire Power of Government of this State, is vested in, and must be derived from the People there­of, and from no other Source whatsoever.

Fifthly. The future Legislature of this State, shall make no Laws to infringe the Rights of Conscience, or any other of the na­tural, unalienab [...]e Rights of Men, or contrary to the Laws of GOD, or against the Protestant Religion.

Sixthly. The Extent of Territory of this State, is, and shall be the same which was under the Government of the late Gover­nor John Wentworth, Esq Governor of New-Hampshire. Reserving nevertheless, our Claim to the New-Hampshire Grants, so called, situate to the West of Connecticut River.

Seventhly. 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.

First, 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 stiled the GENERAL-COURT of the State of New-Hampshire.

Second. 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.

Third. 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, two—to the County of Hillsborough, two—to the County of Cheshire, two—to the County of Grafton, one

Fourth. 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 deminished as their aforesaid Proportion to the County of Rocking­ham may chance to vary.

Fifth. The House of REPRESENTATIVES shall be chosen as follows. Every Town or Parsh, choosing Town Officers, amount­ing to one hundred Families, and [...]pward [...], 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.

Sixth. All other Towns and P [...]ishes 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 shal [...] send one Representative.

Seventh. The number of COUNCILLORS belonging to each County shall be ascertained and done by the General-Court every Time there is a new Proporti [...]n made of the State Tax which shall be once in seven Years at the least, and oftner if need b [...].

Eighth. All the Male Inhabita [...]s of the State of lawful Age, paying Taxes, and professing the Protestant Religion, shall be deem­ed legal Voters in choosing COU [...]ILLORS and REPRESENTATIVES, [...] having an Estate [...] Three Hundred Pounds equal to Si [...]er 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.

Ninth. 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 COUNCILLORS and REPRESENTATIVES.

Tenth. And the Vo [...]ers being met, and the Moderator chosen, shall proceed to choose their Representative or Repepresentatives, required by this Constitution by a Majority of the Voters present, who shall be notified accordingly, and a Return thereof made into the S [...]cretary's Office, by the first Wednesday of January then next.

Eleventh. And such Representatives shall be paid their Wages by their Constituents, and for their Travel by the State.

Twelvth. And in the Choice of COUNCILLORS each Voter shall deliver his Vote to the Moderator for the number of COUN­CILLORS respectively required, with the Word COUNCILLORS writ [...]n thereon, & the Voters Name endorsed to prevent Duplicity.

Thirteenth. These Votes shall be sealed up by the Moderator, and transmitted by the Constable to one of the Justices of the Infe­rior Court of Common Pleas for the County, before the second Wednesday in December next following.

[Page] Fourteenth. 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.

Fifthteenth. And in Case any two Persons shall have a like Number of Votes, the said Justices may determine the Choice in Favour of which they please.

Sixteenth. 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.

Seventeenth. The COUNCIL shall choose their President, vice President, and Secretary; and the House of REPRESENTATIVES shall choose [...]heir Speaker and Clerk.

Eighteenth. The COUNCIL and House of Representatives respectively, shall determine all disputed Elections of their own Mem­be [...]s, regulate their own Proceedings; and on any Vacancy, order a new Election to fill up such Vacancy.

Nineteenth. 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.

Twentieth. The said COUNCIL and House of Representatives respectively, shall have Power to adjourn themselves from Day to D [...]y, but not longer then two Days at any one Time, without C [...]ncurrence of the other.

Twenty first. 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 adj [...]urned to: And also point out the principal Business of their Session.

Twenty second. The Military and Naval Power of the State shall be regulated, and all proper Officers thereof appointed, as the Legisla [...]ure by Law shall direct from Time to Time.

Twenty-third. The Judges of the Superior and Inferior Courts, Judges of Probate, Judge of Admiralty, Judge of the Maritime Court, Justices of the Peace, Sheriffs, Coroners, Attorney-General, Treasurer of the State, and Delegates to the CONTINENTAL CONGRESS, shall be appointed by the said General Court, and commissionated by the President of the Council.

Twenty-fourth. The Appointment of Registers of Deeds, County Treasurer's, Clerks of Courts, Registers of Probate, and all other Civil Officers whatsoever, not before mentioned, sh [...]ll be regulated by the Laws that now are, or that hereafter may be enacted.

Twenty-fifth. All Ci [...]il Officers of the State, shall be suitably compensated by Fees or Salaries for their Services.

Twenty-sixth. No Member of the General-Court shall be Judge of the Superior Court or Inferior Court, Judge or Register of Probate, or Sheriff of any County, or Treasure [...] of the S [...]ate, or Attorney-General, or Delegate at the CONTINENTAL CONGRESS.

Twenty-seventh. And no Member of the Council, judge of the Superior Court, or Sheriff, shall hold a Commission in the Militia, Army, or Navy of this State.

Twenty-eighth. No Member of the House of Representatives shall hold any Salary under the Government.

Twenty-ninth. The President of the Council, with Advice of Council, may grant Reprieves not longer than six Months, but the General-Court only shall have Power to pardon Offences against the State.

Thirtieth. A Quorum of the Council, and a Quorum of the House of Representatives, shall consi [...]t of a Majority of each House.

Thirty-first. This DECLARATION of RIGHTS, and PLAN of GOVERNMENT, shall have the Force of Law, and be este [...]med the fundamental Law o [...]te.

Thirty-Second. The General-Court shall have no Power to alter any Part of this Constitution but in case they should concur in any proposed Alteration, Amendment, or Addition, the same being agreed to by a Majority of the People, shall become valid.

STATE OF NEW-HAMPSHIRE. IN CONVENTION, June 5th, 1779.

Voted, THAT the foregoing BILL of RIGHTS, and PLAN of GOVERNMENT, be printed, and dispersed throughout this State, for the People thereof, to give their Opinion thereon.

Voted, That Colonel Thornton, and Colonel Bartlett, be a Committee to get this Plan of Government printed, and transmit two or more Copies of the same to each and every Town, Parish and Place in this State, to which Precep [...] for this Convention were sent, and publish the same in the New-Hampshire News-Papers.

Voted. That the Selectmen of the several Towns, Parishes, and Districts in this State, upon the receipt of the same, are desired to notify and warn the legal Inhabitan [...]s paying Taxes in such Town, Parish, or Place, to meet at some suitable Place therein, giving them at least fifteen Days notice, for the [...] of taking said Pl [...]n under Consideration: and make ret [...]rn of the Number of Voters present at such Meeting, and how many vo [...]ed for receiving said Plan, and how many for rejecting [...], unto this Convention at Concord in this State, on the third Tuesday 16 September next.