February 10, 1776

New Hampshire was the first of the thirteen colonies to create a new constitution, which was agreed to in January 1776. As the preamble explains, “the sudden and abrupt departure” of the royal governor, John Wentworth, left the colony “destitute of legislation” and without any “executive courts being open to punish criminal offenders.” The Continental Congress recommended that New Hampshire should form an independent government, and after the constitution was shared with the delegates in Philadelphia, it was printed in local newspapers, including the Pennsylvania Ledger.

Importantly, the constitution described this new government as a last resort and not a step toward independence. New Hampshire “never sought to throw off our dependance upon Great-Britain” and would “rejoice if such a reconciliation between us and our Parent State can be affected, as shall be approved by the Continental Congress, in whose prudence and wisdom we confide.” The constitution was framed as a quick fix. It called for a bicameral legislature: a House of Representatives, which would be popularly elected, and a Council with representatives from each county chosen by the House. But a provision specified that, “if the present unhappy dispute with Great-Britain should continue longer than this present year, and the Continental Congress give no instructions or directions to the contrary,” the Council would be “chosen by the people of each respective county.” Ultimately, the “dispute” continued, and New Hampshire’s constitution remained in effect until a constitutional convention was called at the end of the war.

The Pennsylvania Ledger: Or the Virginia, Maryland, Pennsylvania, & New-Jersey Weekly Advertiser
Printed by James Humphreys, Jr.

The following is the Form of Government lately assumed by the Colony of New-Hampshire.

In CONGRESS, at Exeter, January 5, 1776.

WE the members of the congress of the colony of New-Hampshire, chosen and appointed by the free suffrages of the people of said colony, and authorized and impowered by them to meet together, and use such means, and pursue such measures, as we should judge best for the public good; and in particular to establish some form of government, provided that measure should be recommended by the Continental Congress: And a recommendation to that purpose having been transmitted to us, from the said Congress; have taken into our serious consideration the unhappy circumstances into which this colony is involved, by means of many grievous and oppressive acts of the British Parliament; depriving us of our native and constitutional right and privileges; to enforce obedience to which acts, a powerful fleet and army have been sent into this country, by the ministry of Great-Britain, who have exercised a wanton and cruel abuse of their power, in destroying the lives and properties of the Colonists, in many places with fire and sword, taking the ships and lading from many of the honest and industrious inhabitants of this colony, employed in commerce, agreeable to the laws and customs, a long time used here.

The sudden and abrupt departure of his Excellency John Wentworth, Esq; our late Governor, and several of the council, leaving us destitute of legislation; and no executive courts being open to punish criminal offenders, whereby the lives and properties of the honest people of this colony, are liable to the machinations and evil designs of wicked men:

Therefore, for the preservation of peace and good order, and for the security of the lives and properties of the inhabitants of this colony, we conceive ourselves reduced to the necessity of establishing a Form of Government, to continue during the present unhappy and unnatural contest with Great-Britain; protesting and declaring that we never sought to throw off our dependance upon Great-Britain; but felt ourselves happy under her protection, while we could enjoy our constitutional rights and privileges—and that we shall rejoice if such a reconciliation between us and our Parent State can be affected, as shall be approved by the Continental Congress, in whose prudence and wisdom we confide.

Accordingly, pursuant to the trust reposed in us, we do resolve, that this Congress assume the name, power, and authority of a House of Representatives, or Assembly, for the colony of New-Hampshire. And that the said House, then proceed to choose twelve persons, being reputable freeholders, and inhabitants within this colony, in the following manner: viz. five in the county of Stafford, two in the county of Hillsborough, two in the county of Cheshire, and one in the county of Grafton, to be a distinct and separate branch of the legislature, by the name of a Council for this colony, to continue as such until the third Wednesday in December next: Any seven of whom to be a quorum to do business.

That such Council appoint their President; and in his absence that the senior Counsellor preside.

That a Secretary be appointed by both branches, who may be a Counsellor or otherwise, as they choose.

That no act or resolve be valid, and put into execution, unless agreed to and passed by both branches of the legislature.

That all public officers for the said colony, and each county, for the current year, be appointed by the Council and Assembly, except the several clerks of the executive courts, who shall be appointed by the Justices of the respective courts.

That all bills, resolves or votes, for raising, levying and collecting money, originate in the House of Representatives.

That at any session of the Council and Assembly, neither branch shall adjourn for any longer time than from Saturday till the next Monday, without consent of the other.

And it is further resolved, that if the present unhappy dispute with Great-Britain should continue longer than this present year, and the Continental Congress give no instructions or directions to the contrary, the Council be chosen by the people of each respective county, in such manner as the Council and House of Representatives shall order.

That General and Field-officers of the militia, on any vacancy, be appointed, by the two Houses, and all inferior officers be chosen by the respective companies.

That all Officers of the Army be appointed by the two houses, except they should direct otherwise in case of any emergency.

That all civil officers for the colony, and for each county, be appointed, and the time of their continuance in office be determined, by the two houses, except clerks of courts, and county treasurers, and recorders of deeds.

That a treasurer, and a recorder of deeds, for each county be annually chosen by the Peeple of each county, respectively; the votes for such officers to be returned to the respective courts of general sessions of the peace, in the county, there to be ascertained as the council and assembly shall hereafter direct.

That precepts in the name of the council, and assembly, signed by the president of the council, and the speaker of the house of representatives, shall issue annually, at or before the first day of November, for the choice of a council, and house of representatives, to be returned by the third Wednesday in December then next ensuing, in such manner as the council and assembly shall hereafter prescribe.