Adopting Its First Constitution
The last vote passed by the Fifth Provincial Congress, assembled in Exeter on January 5, 1776 was “That This Congress Take up Civil Government for this Colony in manner and Form Following, viz.”
The “manner and form” was embodied in a concise document—just 378 words in its preamble and 12 articles totaling 515 words. Acting on the advice of the Continental Congress and responding to oppressive British acts and the flight of Royal Governor John Wentworth, New Hampshire established its own government. This bold move left behind royal authority and marked the beginning of self-rule.
Known as the New Hampshire Constitution of 1776, this was the first written constitution adopted by any of the thirteen colonies. Though intended as a temporary wartime measure, it effectively became America’s first declaration of independence. The framework created a two-house legislature: towns elected representatives to the lower house, which then chose members for the upper council. Together, these bodies exercised legislative and executive power, selecting a president instead of a governor and appointing judges and officers.
The “mannor and form” was meant to be practical, it omitted a Bill of Rights and any reference to the Crown. While avoiding the word “independence,” its meaning was unmistakable—authority derived from “the free suffrages of the people,” not the king. This pioneering document governed New Hampshire throughout the Revolution until replaced in 1784 by a more permanent constitution with a stronger executive and a Bill of Rights.
Though framed in urgency, the New Hampshire Constitution of 1776 reshaped the colony’s future and influenced the broader Revolution. It served as a model for other states and laid the foundation for American constitutionalism. More than a legal instrument, it was a declaration of resolve—a statement that liberty and self-government were worth fighting for.
As we commemorate this milestone, we honor the courage and vision of those who gathered in Exeter to chart a new course for freedom. Their work reminds us that America’s independence was not only won on battlefields but forged in moments of bold governance and shared purpose. Huzzah!
Bibliography
- Walker, Joseph Burbeen. New Hampshire’s Five Provincial Congresses, July 21, 1774–January 5, 1776: A Paper Read in Part at a Meeting of the New Hampshire Historical Society, January 11, 1905; with an Appendix Containing Brief Notices of Persons Mentioned Therein. Concord, NH: New Hampshire Historical Society, 1905. (Archive.org)
- New Hampshire. (18671943). Provincial and state papers. Concord, V7, pp 690-710. (HathiTrust.org)
- New Hampshire. (18671943). Provincial and state papers. Concord, V8, pp 2-4. (Archive.org)
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