The New Hampshire Gazette And General Advertiser

For the New-Hampshire Gazette.

Messieurs Printers,

By publishing the following QUERIES in your useful Paper, you will oblige one of your Customers.

QUERY. Whether it has not been the misfortune of people in all ages, when they have discovered that the Constitution under which they lived, was defective, to seize upon some other, without properly considering the consequences?

Whether the people of this State, are not likely at this critical and important moment, to run into the same error; and instead of proposing the necessary amendments, swallow the plan of government proposed for their consideration; with defects which must inevitably produce the most fatal consequences?

Whether the 17th article of the Bill of Rights, which prohibits the trial of criminal prosecutions, in any other county than that where the fact is committed, has not in every free government, some exceptions? and whether a trial of persons in the counties of Cheshire and Grafton, who favor the usurped claim of Vermont (over a valuable part of this State,) could answer any other purpose but that of proving the necessity of having exceptions to this general rule?

Whether the 22d article in the Bill of Rights, is not evidently calculated to prevent the General Assembly from confiscating estates of absentees, now with the enemy; even if it should hereafter appear that they have from the commencement of hostilities, been in arms against their native country?

Whether, by the Plan of Government, there is not an interregnum of seven days in which the voice of the Legislation cannot be heard: even in cases where the fate of the Commonwealth might depend upon a single act of the Legislature?

Whether experience has not convinced every person, who has been a member of Assembly, that if two thirds of the members of the respective branches, are required to make a quorum, the Assembly will sit a great part of the time without transacting any business?

Whether, if a Governor was at the end of three years, to demolish all the fortifications erected for defence of our harbour, people would not then begin to suspect that the Constitution had given him too much power?

Whether, limiting the number of years for which a person shall be eligible to any office, is not inconsistent with republican principles?

Whether this plan of rotation, if adopted, will not be a sure way to keep the most important offices of government, in the hands of persons whose want of industry, and skill in business, will induce them to accept that subsistence for a few years which their indolence will not suffer them to expect from their own exertions?

Whether it is not better for us to attend to, and improve the present moment, for forming a proper Constitution, than trust to a revision at the end of seven years; which, if obtained, may answer no valuable purpose?

Whether, if any towns have been hurried into an approbation of the proposed plan, without discovering the defects hinted at in these Queries, they ought not immediately to call other meetings, and consider whether the following alterations and amendments, are not essentially necessary?

1st. That an exception be subjoined to the 17th article in the Bill of Rights in the following words, viz. "except in cases where it shall appear, that an impartial trial, cannot be had in such county, and the Legislature shall by act, or resolve, direct the trial in some adjacent county."

2dly. That the 22d article in the Bill of Rights be expunged, and the following article substituted viz. "retrospective laws, are in most cases oppressive and unjust; and ought not to be made, for the decision of civil cases, or the punishment of offences, unless in cases of persons absconding, & going over to the enemy, at the time of, & since the late revolution, where the existence of a law prior to the offence was impracticable."

3dly. That the General Assembly shall be dissolved of course, the day preceding the first Wednesday of June.

4thly. That each branch of the Legislature, annually, at their first meeting, determine what number shall be a quorum for doing business.

5thly. That the Governor be prohibited from erecting permanent fortifications, without the advice of Council: and from demolishing such as have or may be constructed by order of the Legislature, or advice of Council, without their assent.

6thly. That as annual elections are a sufficient security against every abuse of power; such parts of the Constitution, as limit the number of years, for which a person shall be eligible to any office, be expunged from the Constitution.

Should these hints be disregarded, and the people agree to adopt the Plan of Government submitted to their consideration, without any alterations. I will venture to predict that the following consequences will take place, viz.

1st. That no person who has, or may be guilty of causing a revolt, in any county of the State, will ever be convicted.

2dly. That persons in service of the enemy, whose estates have not already been confiscated, will enjoy them, and receive the profits; and that such persons as have not been proscribed, will return and reside in the State, without a possibility of their being brought to trial.

3dly. That should an event similar to that of Burgoyne's advancing from Canada, again take place, it will then be discovered that the silence of the Legislature for even seven days, is highly impolitic.

4thly. That the people will be compelled to pay a General Assembly for sitting, which for want of a quorum of the respective branches, will be unable to transact business during the greater part of the session.

5thly. That some indiscreet Governor, may, by exercising the power given him over fortifications, convince us that we have been too liberal in clothing him with authority in that respect.

6thly. That the office of Governor, Treasurer, and Commissary General, will be accepted by none but persons whose want of industry, and skill in business, render them incapable of transacting their own private affairs; and whose indolence ought forever to exclude them from being entrusted with those of a public nature.