Jonah Patel
New Hampshire was the first American colony to enact its own constitution, formally replacing British rule on January 5, 1776. The constitution was framed by a convention, or congress, which assembled at Exeter on December 21, 1775, and completed its labors on January 5, 1776. This bold decision was taken six months prior to the American Declaration of Independence, when public opinion across the colonies was still divided between British loyalists, neutralists, and revolutionaries. The constitution was later replaced on June 2, 1784, when it was divided into two parts: a Bill of Rights and a Form of Government.
| Characteristics | Values |
|---|---|
| Date of enactment | June 2, 1784 |
| Replaced | State's constitution of 1776 |
| Date of previous constitution | January 5, 1776 |
| Previous constitution framed by | A convention, or "congress" |
| Previous constitution written | December 21, 1775 - January 5, 1776 |
Explore related products
What You'll Learn
- The New Hampshire Constitution was written in 1776 and replaced British rule
- It was amended in 1784, with the addition of a Bill of Rights
- The constitution is divided into two parts: a Bill of Rights and a Form of Government
- The constitution has 101 articles, outlining how the state government functions
- New Hampshire's constitution has been amended regularly since its adoption
The New Hampshire Constitution was written in 1776 and replaced British rule
The New Hampshire Constitution was written in 1776, formally replacing British rule on January 5 of that year. This was a bold move, as public opinion across the colonies was divided between British loyalists, neutralists, and revolutionaries. The majority of sympathizers with the patriot movement still expected a negotiated reconciliation with Britain.
The New Hampshire Constitution was the first written constitution in America, framed by a convention, or "congress," which assembled at Exeter on December 21, 1775, and completed its labors on January 5, 1776. The constitution was not submitted to the people, and it was intended only as a temporary framework, containing no provision for amendment. It was written in response to the sudden departure of Governor John Wentworth, which left the colony without legislation or executive courts to punish criminal offenders. The constitution aimed to preserve peace, order, and security for the colony's inhabitants.
The governmental structure established by the New Hampshire Constitution included a house of representatives and a council, reminiscent of the colony's former assembly, but notably, it did not include a governorship. This structure assured that powers of legislation, taxation, and judicial appointments could be exercised, but it did not provide for a bill of rights, an independent judiciary, or any separation of powers. The plan of legislative apportionment required one hundred freeholders per representative, ignoring the autonomy of small, newly incorporated towns.
The New Hampshire Constitution supported a workable "war-years" government and strengthened the influence of the patriots' rebellion, which soon led all thirteen colonies toward American independence. By July, with the proclamations of America's Declaration of Independence, any expressed desire to reconcile with Britain became obsolete. The New Hampshire Constitution was amended in 1784, and it has been regularly amended since its adoption.
The DOI: America's Founding Constitution?
You may want to see also
It was amended in 1784, with the addition of a Bill of Rights
The New Hampshire Constitution was first enacted in 1776, making it the first American colony to do so. The constitution was intended as a temporary framework to replace British rule and establish a "Form of Civil Government". It was a bold decision that signalled a shift from protest and resistance to the actual separation of sovereignty.
> No danger can arise to a State from giving the people a free and full voice in their own government.
General John Sullivan, in a letter urging the adoption of a formal, written constitution.
However, the 1776 constitution was not without its shortcomings. It lacked a bill of rights, an independent judiciary, and any separation of powers. The plan of legislative apportionment was also criticised for ignoring the autonomy of small, newly incorporated towns.
In 1784, the constitution was amended to include a Bill of Rights, which is the first part of the two-part constitution. The second part is the Form of Government. The Bill of Rights consists of 43 articles, many of which codify the same natural rights as the US Constitution, including free speech, freedom of the press, jury trials, freedom of religion, and the right to bear arms. It also protects citizens against double jeopardy and unreasonable searches and seizures.
The New Hampshire Constitution has been amended regularly since its adoption, with the most recent amendments being made in 1984.
Senegal's Constitution: A Historical Overview
You may want to see also
The constitution is divided into two parts: a Bill of Rights and a Form of Government
The New Hampshire Constitution, which came into effect on June 2, 1784, is divided into two parts: a Bill of Rights and a Form of Government. The first constitution was enacted in 1776, making New Hampshire the first American colony to do so and formally replacing British rule. The 1784 constitution, which replaced the 1776 version, comprised 43 articles, many of which codified natural rights similar to those in the United States Constitution.
Bill of Rights
The Bill of Rights section of the New Hampshire Constitution guarantees various rights and freedoms, including free speech, freedom of the press, jury trials, freedom of religion, and the right to bear arms. It also protects citizens against double jeopardy, unreasonable searches and seizures, and provides for the separation of powers. Additionally, it establishes the framework for the General Court, including its authority to establish courts, enact state laws, and gather funding.
Form of Government
The Form of Government section outlines the structure and functioning of the state government. It establishes the authority and makeup of the House of Representatives, including how representatives are elected, their responsibilities, and privileges. It specifies that all state-level budgetary legislation must originate from the House. This section also addresses various other aspects of governance, such as senatorial districts, elections, qualifications for senators, and the role of the governor.
The New Hampshire Constitution has been regularly amended to adapt to changing circumstances and needs, with the state supreme court playing a significant role in interpreting and shaping the constitution through landmark cases, such as the Claremont cases, which addressed school funding and the state's responsibility for equal public education.
The Evolution of Indiana's Constitution: A Historical Overview
You may want to see also
Explore related products
![The Constitution of New Hampshire as Amended by the Constitutional Convention Held at Concord on the First Wednesday of January, A. D. 1889. [Manchester-1889]](https://m.media-amazon.com/images/I/519Rx-9r7rL._AC_UY218_.jpg)
The constitution has 101 articles, outlining how the state government functions
The New Hampshire Constitution, which came into effect on June 2, 1784, is divided into two parts: a Bill of Rights and a Form of Government. The former was amended in 1792 to include an age limitation for judges. The constitution is made up of 101 articles that outline how the state government functions.
Articles 2–8 establish the framework for the General Court and its authority to establish courts, enact state laws affecting the Government of New Hampshire, provide for the State's emergency powers, gather funding, and use collected monies. Articles 9–24 establish the authority and makeup of the House of Representatives, outlining how representatives are elected, their responsibilities, and their privileges. These articles make clear that all state-level budgetary legislation must originate from the House.
Articles 25–29 outline the Senate's composition, including senatorial districts, and the election of senators. Articles 30–35 cover the rights of inhabitants, biennial meetings, and the process for filling vacancies in the Senate. Article 36 addresses pensions, stating that they should only be granted for actual services and never for more than one year at a time. Article 36-a, added in 1984, clarifies the constitutionality of the state retirement system and earmarks its funds for retiree benefits.
Articles 37–41 focus on the separation of powers and the role of the judiciary, including the tenure of office and the impeachment process. Articles 42 onwards cover various topics, including the election of the governor, the powers of civil officers, the form of commissions and indictments, and the prohibition of bribery and corruption in office.
The New Hampshire Constitution is notable for its inclusion of a Right of Revolution, asserting the people's right to reform or establish a new government if the current one endangers public liberty and cannot be redressed through other means. This provision reflects the state's history of seeking self-governance and independence from British rule.
Long-Form Constitutions: Benefits of Detailed Frameworks
You may want to see also
New Hampshire's constitution has been amended regularly since its adoption
New Hampshire was the first American colony to enact a constitution of its own, formally replacing British rule on January 5, 1776. The constitution was not submitted to the people and was intended only as a temporary framework. It did not include a bill of rights, an independent judiciary, or any separation of powers. This first constitution was replaced by a new one in 1784, which was then amended in 1792 to provide for age limitations.
The constitution has also been amended to address school funding and education. In 1993, the New Hampshire Supreme Court agreed with school districts near Claremont that Article 83 made equal public education a state responsibility, beginning an era of the court finding school-funding legislation unconstitutional. While the General Court has debated a constitutional amendment to align the right to education with the legislature's funding authority and local control, it has never been approved.
Other amendments to the constitution include those related to the government structure. For example, the constitution was amended to include provisions for a House of Representatives and a council, reminiscent of New Hampshire's colonial assembly, but without a governorship. Amendments have also addressed the election of representatives, their responsibilities, and their privileges, as well as the establishment of courts and the state's emergency powers.
Constitution's Creation: Six Key Reasons Explained
You may want to see also
Frequently asked questions
The New Hampshire Constitution was written in 1776.
No, the final version of the New Hampshire Constitution was adopted on June 2, 1784, replacing the state's constitution of 1776.
The 1776 New Hampshire Constitution aimed to establish a "Form of Civil Government" to ensure the preservation of peace, good order, and security of the lives and properties of the colony's inhabitants during the conflict with Great Britain.
The 1776 Constitution provided for powers of legislation, taxation, and judicial appointments. However, it did not include a bill of rights, an independent judiciary, or a separation of powers.
The 1776 New Hampshire Constitution was significant as it was the first written constitution in America, formally replacing British rule and signalling the shift towards colonial independence.
![The Constitution of New Hampshire : as Altered and Amended by a Convention of Delegates, Held at Concord, in Said State, Approved by the People, and Established by the 1792 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
