The New Hampshire Bill of Rights

Background

The New Hampshire Constitution went into effect in 1784—replacing the state’s 1776 constitution. This new constitution was separated into two parts: a “Bill of Rights” and a “Form of Government.” The Bill of Rights included protections for many cherished liberties, including free speech, a free press, religious freedom, the right to a jury trial, and protections for criminal defendants. The Form of Government laid out the structure of the government created by the new state constitution. The excerpt below is from the New Hampshire Bill of Rights. It represents a clear example of the Founding generation’s vision of natural rights, its embrace of social contract theory, and its commitment to the freedom of conscience.

Excerpt

All men are born equally free and independent ; therefore,all government of right originates from the people, is founded in consent, and instituted for the general good.

II. All men have certain natural, essential, and inherent rights; among which are—the enjoying and defending life and liberty—acquiring, possessing and protecting property—and in a word, of seeking and obtaining happiness. 

III. When men enter into a state of society, they surrender up some of their natural rights to that society, in order to insure the protection of others;and, without such an equivalent, the surrender is void. 

IV. Among the natural rights, some are in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the RIGHTS OF CONSCIENCE. 

V. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained in his person, liberty or estate for worshipping God, in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments or persuasion; provided he doth not disturb the public peace, or disturb others, in their religious worship.