NH First Constitution

January 5, 1776

In the fall of 1775, the Colony of New Hampshire found itself devoid of a government. Pressure from patriots cause the Royal governor, Sir John Wentworth, and loyalist members of the council to flee, leaving the colony without a legislature or court system. Therefore, to preserve the "peace and good order and for the security of Lives and Property of the Inhabitants of this Colony", creation of a new government was necessary. A constitution outlining this new legislature was adopted on January 5, 1776. It was the first constitution written in the "United Colonies". This was the direct result of the NH colonists’ self-reliance, organizational skills, and acknowledgement of the need for a government.

In the 17th and 18th centuries, British rule was loosely enforced to allow the colonies to prosper and become profitable markets for British goods while providing raw materials. During that time, Britain had allowed the colonies to develop their own legislatures which resulted in some autonomy. This helped to foster a distinct American identity. But, this right of limited self-rule ended abruptly at the conclusion of the French and Indian Wars. Britain was burdened with debt and turned toward the colonies for revenues. Parliament first introduced the Stamp Act. Although it was repealed, it was quickly replaced by the 1767 Townshend Acts. These strictly enforced duties ended an era of lax oversight and created new enforcement tools that included general search warrants, and military courts for smugglers. 

Townshend Acts: Reading Through History 

https://www.youtube.com/watch?v=GWf6211XZxM

In New Hampshire, the four Kings Board Arrow Acts (1691 – 1772) had led to a mini rebellion, the  1772 Pine Tree Riot. The Townshend Acts generated additional resentment because the new laws restricted trade and profitable smuggling was now penalized by severe punishments. As Englishmen, the American colonists felt their rights were being violated, leading to “no taxation without representation”. But it was Parliament's punitive reaction to the Boston Tea Party (Dec. 16, 1773) with the 1774 Intolerable Acts, that exploded animosity in New Hampshire. 

These acts revoked the Massachusetts Bay Colony's charter and sent the Army and Royal Navy to blockade Boston Harbor and occupy the city. The Massachusetts governor was given almost ultimate power over the colonial government; the Provincial Assembly was dissolved; and town meetings were forbidden without the King’s consent. The intolerable Acts were meant to punish the Massachusetts Colony and isolate the rebels, with hope that moderates could convince the American colonists to submit to British authority and taxation.

The Intolerable Acts backfired. The colonies unified in shared outrage and sympathy. Like other colonies, New Hampshire organized. The seeds had already been sown through town meetings and small gatherings where the colonists shared their grievances. Groups of like-minded citizens formed Committees of Correspondence (the colonial internet) where information was exchanged and resistance coordinated. Committees of Safety were also formed to enforce the ban on British goods, organize local militias, manage supplies, and oversee actions by Loyalists. 

It was the Committees of Safety that became the crucial movement behind the revolution. In 1774, some NH towns elected committee members to the First Provincial Congress in Exeter (a safe inland location away from the British navy). Its goal was to elect delegates to the First Continental Congress (1774) and set up a Committee of Correspondence for the Province. The Congress met a total of five times, sending delegates to the Second Continental Congress (1775) and organizing and supplying the NH militia. Eventually it became a shadow government in Exeter, managing affairs as the royal authority weakened.

(First Provincial Congress – National Archives UK - https://www.nationalarchives.gov.uk/education/resources/american-revolution/american-revolution-source-2d/)

Royal Governor Sir John Wentworth tried desperately to maintain control. But even though he was successful in averting a Portsmouth Tea Party, he couldn’t stop the raid by patriots on Fort William and Mary (Dec 15, 1774). After Lexington and Concord, he summoned the Provincial Assembly. The Assembly refused to accept Parliament's reconciliation terms, so he adjourned it until a later date. It never fully met again. In August 1775, Wentworth was forced to flee to the protection of the British Army in Boston. Even though he kept sending messages to the Assembly, his recommendations were ignored. The Committees of Safety controlled NH; the royal government had fallen!

Delegates from the towns gathered in Exeter for the Fifth Provincial Congress on Dec. 21, 1775. Realizing they had to fill the vacuum left by a lack of Royal rule, they set about creating a new government intended to last for the duration of "this unhappy and unnatural conflict with Great Britain". Displeased with the royal system, the new government was a bicameral (two chambers) legislature elected annually by the people. It controlled all powers of the government, legislative, executive, and judicial. 


(Meeting of Colonist Protesting British Treatment before the American Revolution (E.A. Abbey)

https://exhibits.nhd.uscourts.gov/9.htm

The Constitution governing this body was written in eight days, primarily by Matthew Thornton, Meshech Weare, Ebenezer Thompson, Wyseman Claggett, and Benjamin Giles. It was only two pages long. On January 5, 1776, it was adopted, making the document the first Constitution framed by the “United Colonies”. This first constitution continued to be used to govern until a new post war constitution was adopted in 1783.


It should be noted that this was not a declaration of independence. The delegates made it clear in their announcements (like this broadsheet from Exeter), that their actions were necessary because Wentworth had left and there was no government. They "never fought to throw off dependence on Great Britain, but ourselves happy with her protection". However, they had turned to the Continental Congress for advice and received permission to write a constitution. It appeared they were playing both sides of the revolutionary coin.


Broadsheet

https://commons.wikimedia.org/wiki/File:Broadside_In_Congress_at_Exeter_1776.jpg


Chesterfield's Part

According to the History of Chesterfield by Baldwin, Chesterfield did not send any delegates to the Provincial Congresses until the 5th meeting. The town records show that the first interaction Chesterfield had with the Provincial Congress was calling a special town meeting on January 17, 1775, whereby the townspeople agreed to accept the results of the First Continental Congress and to pay the requested funds for NH to send a representative to the Second Continental Congress. At the annual town meeting on March 1, 1775, the townspeople formed what essentially was a Committee of Safety. On Dec. 14, 1775, a special town meeting was held to elect a delegate to the Fifth Provincial Congress. Archibald Robertson became Chesterfield's first Provincial delegate.