\ \ THE HISTORY OF / NEW-HAMPSHIRE. COMPREHENDING The Events of one comjilete Century and seventy -five yeara-from the discovery of the River Pascataqua to liie year one thousand seven hundred and ninety. CONTAINING ItSO, A GEOGRAPHICAL DESCRIPTION OF THE STATE, SKETCHES OF ITS NATURAL HISTORY, PRODUCTIONS, liMPKOVEMENTS, AND I'RESEN T STATE OF SOCIETY AND MANNERS, LAWS, AND GOVERNMENT. BY JEREMY BELKNAP, D.D. Member of the American Philosophical Society held at Philadelphia, for pre- moling useful knowledge, and of the Academy of Arts and Sciences in Massachusetts. THE SECOND EDITION, WITH LAIICE ADDITIONS AND IMPRGTEMENTS, PUBLISHED FROM THE ADTHOa's LAST MANUSCRIPT. ILLUSTRATED BY xV MAP. Tempus edax rerum, tuque invidiosa vetustas Omnia destruitis: vititaque dentibus cevi Paulatim lenta consumitis omnia morte. Hxc perstant. ' Ovid. VOL. II. BOSTON : PUBLISHED BY BRADFORD AND READ. 1813. I.. .' Z A \^^ ^ ^ ^~ C| oj DISTRICT OF iMASSACIIUSETTS, TO WIT : District Clerk^s Office. BE IT REMEMBERED, That on tlie eighteenth day of June, A. D. 1813. find in tlie tliirty-scventh year of the Independence of the United States of America, BRADFORD t^'READ, of the said District, liave deposited in this Office tlie title of a book, the right whereof they claim as Proprietors, in the words following, to iL'it .• Tlie History of New-llarnpsliire. Compreliending the events of one complete century and seventy-five yeai-s from the tiiscovery of the river I'ascataqua to the year one thousand seven hundred and ninety. Containing f.lso, a geographical description of the State, with sketches of its natural history, productions, im- provements, and present state of society anbiy in a llyle too peremptory, the eftablilhraent Record.. 18 HISTORY OF 1716. of a perpetual revenue to the Crown ; a mat- ter in which he had been fo much engaged, Msimtr that while in England, *he prefentcd a me- tiuZo ' "^^^^^^^ to the King and Miniflry, to bring Matir. \^'ew:England into the land tax of Great * britam; and propofed that a Receiver Ihould 'be appointed by the Crown.' The Aflem- bly was of opinion, that the public charges might be defrayed in the ufual manner, by an equal tax on polls and eflates ; and de- clmed laying an impoft, or entering on any, but the common bufinefs of the year, till the arrival of a Governor, oa. 17. When Governor Shute came to the chair, feveral of the old Counfellors were laid afide', and fix new ones appointed, all of whom were inhabitants of PorL*fmouth. That town, at the fame time, was unhappily agitated by a controverfy, which had for fome years fub- fifled between the two parilhes. This had not only im.bittered the minds of the people, but had prejudiced fome of the members of the Council and Aflembly ; fo as to effed the proceedings of the Legiilature, and break the harmony, which had been preferved in that body, during the preceding adminiftration. 1717. The Governor, in his fu-ft fpeech to the Af- jan. 10. fembly, took notice of their divifion, and ad- vifed them to unanimity. They thanked hnn for his advice, but rem.onftrated againft Jan. 23. the removal of the old Counfellors, and the confining of the new appointments, both in the Council and the Judicial Courts, to refi- dents in one town, as being contrary to former ufage, and giving an advantage, to the trading, above the landed intereft. This, they faid, was the reafon that an impoft could not now NEW-HAMPSHIRE. 19 be obtained, and tliat the whole burden of 1717. taxes was laid on the hufbandman, and the laborer, who had been greatly impoveriflicd by the late war. Tlie Governor wifely a- voided an anfwer to this remonftrance, by pvitting it on the Council, who were a party in the controverfy. The Council, in their j3„ ^^■ anfwer, acknowledged that the Province had been much diftrelTed by the war ; but had in a great meafure recovered ; that there would have been no oppoiition to an iinpcft, if the Reprefentatives had agreed to an a(fc of ex- port, according to the practice in England ; that the King had a right to appoint his Counfellors, from any part of the Province ; til at it was an affront to the prerogative to lind fault with the excrcife of this right ; and that it was raoft convenient for the affairs of government, efpecially upon fudden emer- gencies, that the Council Ihould refidc near the feat of government. This anfv/er might have appeared decent enough if they had not added, that they were * gentlemen of the ' bell quality, and greatefl ability to ferve tlie ' government, in that ftation ; and had as * good or better ellates in land, and land fc- * curities, than any in the Houfe, and not in- * ferior to the gentlemen who were laid afide.' While thefe altercations were in hand there was a great complaint of the fcarcity of mo- ney, and fome expedient was judged necefla- ry to fupply the place of current coin. A propofal was made to iffue ten thoufand pounds in bills, on loan, for twenty-three years, at five per cent, on land fecurity. In^'"' *^' this both Houfes agreed ; but the next day the Council propofcd to enlarge the fum to C 20 HISTORY OF 1717. fifteen thoufand pounds, to which the Houfe would not conient. The Governor then or- dered the Houfe to attend a conference with the Council ; they deiired to know on what fubje(5l ; he gave them no anfwer, but com- manded their attendance. Having confer- red about the propofed loan to no purpofe, the circumftance of aiking on what fubje6l they were to confer v/as deemed an affront, and ferved as a pretext for diflblving them. The next allembly w^as more pliant, and iffu- ed fifteen thoufand pounds, on loan, for elev- AfffmUy en years, at ten per cent. A controverfy alfo arofe between the Gov- ernor and Lieutenant Governor about the power of the latter, in the ab fence of the former. Vaughan contended, that when the Governor was prefent in his other Province, he was abfent from New-HampHiire, and confeqiiently that the adniiniftration devolv- ed on him. The poiition was a metaphyfical truth, but the inference was to be meafured by political rules. Shute alleged that his commiiiions, being publiilied and recorded, in New-Hampfiiire and MafTachufett*?, he had tlie power of commander in chiet over both Provinces, during his relidence in ei- ther ; and thought it an abfurdity to fup- pofe, that the King had appointed the Gov- ernor commander in chief, for five or fix weeks only in the year, and the Lieutenant Governor during the refl of the tinie ; and that if the Lieutenant Governor Ihould hap- pen, in that time, to flep over the Province line, the fenior Comifellor nuift take the chair ; this he faid would make the Province ' a monfter vv^ith three heads.' The contro- NEW-HAMPSHIRE. 21 verfy was foon brought to an Iffue ; for 1717. Vaughan received an order from Shute, while at Boilon, to appoint a faft, which he did not obey ; he received another to prorogue the AfTembly, inilead of which he diffolvedthem, without the advice of CounciL He required the opinion of the Council on the extent of his power, but they declined giving it. Pen- hallow, the Governor's chief friend, was a warm oppofer of Vaughan's pretenfions, and incurred fo much of his difpleafure, that he publicly charged him with fowing difcord in the government, and fufpended him from s«pt. 24. his feat in Council. On hearing this, Shute hafled to Portfmouth, and having fummoned the Council, ordered the King's inllrudlion to him for fufpeuding Counfellors to be read, and demanded of Yauglian whether he had any inftruclion which fuperfeded it. He anfwered. No. The Governor then afked the Councii's advice whether the fufpenfion of Penhallow was legal ; they anfwered in the negative. He then reftored him to his Council feat ,and fufpended Vaughan. The AfTembly, which Vaughan had afTum- ed the right to difTolve, n^et again, and ap- proved the proceedings againlt him, jullify- ing the conllruClion which the Governer had put on his commifTion, and his opinion of the extent of the Lieutenant Governor's power ; which vv^as ' to obferve fuch orders, as he * Ihould from time to time receive from the ' King or the Governor in chief.' The Rep- refentatives of Plampton prefented a remon- ilrance ; in which, admitting the Lieutenant Governor's opinion that * when the Gover- ' nor is out of the Province, the Lieutenant 22 HISTORY OF 1717. ' Governor is impowered to execute the King'* ' commiffion,' and afferting that the Gover- nor was not in the Province when the Lieu- RetoTdJ tenant Governor diffolved the Aflembly, they declared that they could not adl with the Houfe, unlefs they were re-eledied. This remonilrance was deemed a libel, and the Governor in Council having fuinmoned them before him, laid them under bonds of four Conncii hundred pounds each, for their good behav- Miiiutes. iour. He then iflued a proclamation, affert- ing his fole power, as commander in chief ; and declaring that the Lieutenant Governor Penhau had uo right to exercife any acls of govern- ' ment w^ithout his fpecial order. To maintain a controverfy with a fuperior ofHcer on the extent of power, equally claim- ed by both, requires a delicacy and addrefs which does not fall to the lot of every man. An afpiring and precipitate temper may bring on fuch a contention, but difqualifies the perfon from managing it with propriety. Had Vaughan propofed to liibmit the quef- tion to the King, he would have adled more in character, and might have prefer ved his reputation, though he had loft his power. But having offended the Governor, and dif^ gulled the Council and Aflembly, he could hope for no favor from the Crown. When the report of the proceedings was fent to England, Sir William Afliurft, who had great Afturfi^ interefl at Court, and was a friend to New- leucrMS. fi^gi^nd, and who greatly difreliflied the memorial which Vaughan had formerly pre- fented to the King, eafily found means to difplace him ; and in his room was appoint- ed John Went worth, Efq. whofe com- NEW-HAMPSHIRE. 2S mifTion was publiflied on the feventliof Dc- 1717. cember. The celebrated Mr. Addifon, be- ing then Secretary of State, this commifTion is counterfigned by a name particularly dear . to the friends of liberty and literature. John Wentworth, Efq. grandfon of Wil- liam Wentworth, formerly mentioned as one of the firll fettlers of the country, had been in the early part of iiis life, commander of a fliip ; and had acquired a handfome fortune by mercantile induflry. Without any fupe- rior abilities or learning, by a ftcady atten- tion to bufinefs, and a prudent, obliging de- portment, he had recommended himlelf to the efteem of the people. Having been five years in the Council, before his appointment as Lieutenant Governor, he had carried the fame ufeful qualities into public life, and preferved or increafed that refped: which he had acquired in a. private ftation. The ran- cour of contendmg parties made moderation a necefTary charadler in a chief magiftrate ; and the circumftances of the Province, at that time, required a perfon of experience in trade, at its head. It being a time of peace, after a long and dilirefling war, the improvement of which the Province was capable, in regard to its natural producStions, lumber and naval ftores, rofe into view and became objects of clofe at- tention both here and in England. As ear- ly as 1668, the government of MafTachufetts, ^'^^- ^«^' under which the Province then was, had re- ferved for the public ufe all white pine trees of twenty-four inches in diameter, at three feet from the ground. In King William's reign, a furveyor of the woods was appointed mkuks. 24 HISTORY OF 1717. by the Crown ; and an order was fent to the Earl of Bellamont, to caufe a6ls to be pafled in his feveral governments for the preferva- tion of the white pines. In 1708 a law made in New-Hampiliire prohibited the cutting of Chip. zo. fuchas were twenty- four inches in diameter,at twelve inches from the ground, without leave of the furveyor ; vv^ho was inftrudled by the Queen, to mark with the broad arrow, thofe which were or might be fit for the ufe of the navy, and to keep a regifter of them. What- ever feverity might be ufed in executing the law, it was no difficult matter for thofe who knew the woods and were concerned in lum- ber, to evade it ; though fometimes they were ufha's deteded and fined. Great complaints were ^''^' frequently made of the deflrudion of the royal woods ; every Governor and Lieuten- SS'i/' ant Governor had occafion to declaim on the Records, f^^bje^c^ in their fpeeches and letters ; it was a favorite point in England, and recommend- ed them to their fuperiors as careful guar- dians of the royal intereft. On the other hand, the people made as loud complaints a- gainft the furveyor, for prohibiting the cut- ting of pine trees, and yet negleding to mark fuch as were fit for mafts ; by which means many trees, which never could be ufed as Penhai- mafts, and might be cut into logs for fawing, iow'sMss.^gj,^ j-Qtting in the woods ; or the people who got them were expofed to a vexatious profecution. When no furveyor was on the fpot, the Governor and Council appointed fuitable perfons to take care that no wafte fliould be made "of the mall trees ; and thefe officers, with a very moderate allowance, per- formed the duty, to much better purpofe, NEW-HAMrSlIIRE. 25 than thofe who were fent from England and 1717. maintained at a great expenfe to the Crown. Aff.mb(y As thoie trees which grew within the lim- '*"'"'^' its of the townfliips were deemed private l^lo. property, the people were defirous to get other townlhips laid out, that the trees might be fecured for their own ufe. This was a diffi- cult point. The Aflcmbly, in 1704, during the controverfy with Allen, had explicitly difclaimed all title to the wafte lands, by wliich they undcrllood all thofe without the bounds of their towns. The heirs of Allen kept a jealous eye upon them. Uflier, who claimed by mortgage from Governor Allen, was ilill living, and was daily inviting pur- chafers by advertifements. The heir of Sir J?ou^raals""* Charles Hobby, whofe claim was founded on purchafe from Thomas Allen, had offered his title to the Aflembly, but they had refufed it. The creditors of Hobby's eftate had ap- plied for letters of adminiflration ; and though the matter had been, by the Judge of ^jj-^^^^^, Probate, fubmitted to the General Court, and Records. by their advice fufpended, yet the letters had been granted. Allen's other heirs were in a ftate of minority in England ; but their guardian was attentive to their interelf. The controverfy had become more complex than ^''^J- J''* before; and the claimants, however multi-dtk. plied in number and difcordant in their views, yet had an intereft feparate from that of the public. The royal determination could not be had, but on an appeal from a verdidl at law ; but no fuits were now pending ; nor could the lands be granted by royal charter, without feeming to intrench on the property of the claimants. Notwithftanding thefe D 26" HISTORY OF 1 7 1 8. dilE culties, the necelTity of extending the let- tlements, and improving the natural advan- tages of the country > was too apparent to be negledled. Great quantities of iron ore were found l/iJ. in many places; and it was in contempla- tion to ere6l forges on fome of the rivers and to introduce foreign artiils and labourers ta Lfl\v3 refine it. A law w^as made laying a penalty of Chap. yo. ^^^^ pouuds per ton on the tranfporting of it out of the Province ; but for the further en- couragement of the manuflicSlure, it was deemed nccefiary, that fome lands fliould be appropriated, to the purpofe of fupplying with fuel, the iron works which were to be t'Sl^iL erected, on Lamprey river, and of fettling the people who were to be employed in that fer- vice. On this occa,lion, it was recollected, that in 1672, wdiile this province was fubjecSl to the Maflachufetts government, and after the town of Portfmouth had made a liberal contribution for the rebuilding of Harvard College, a promife had been made by the General Court to grant to that tov^^n a quan- tity of * land for a village, when they fliould MiS. Rec. i declare to the Court the place where they * deiired it.' Upon this, a petition was pre- fented to the Governor and Council praying for a fulfilment of this promife ; and after fome hefitation, a grant was made of a flip of land two miles in breadth above the head SiTu'tci. hne of Dover, for the ufe of the iron works, which was called the ' renewing a grant for- ' merly made.' This w^as known by the name of the two mile flip, and it was after- ward included in the townihip of Barrington. In fome parts of the province, were man)r NEW-HAMPSHIRE. 2^ pitchpiiie trees, unfit for mafts, but capable 1719. of yielding tar and turpentine. A monopoly of this manufa(5lure had been attempted by a company of merchants ; but when council many thoufand trees were prepared for ufe, ''^'""^''^• they were deltroyed by unknown hands. Afterwards a law was made providing that l-iws. tar Ihould be received in lieu of taxes, at ^"^"P" ^' twenty ihillings per barrel. This encouraged the making of it for fome time. Another cuap. 94 law laid a penalty on the injuring of trees for drawing turpentine. But private intereft was too flrong to be counteracled by a fenfe of public utility. Too many inciiions being made in the trees at once, they were foon dellroyed ; and as thofe v/hich were near at hand became fcarcc, the manufacSlure wt.s gradually difcontinued. Hemp was another objedu. Some had been fown, and from the fpecimen of its growth, much advantage v/as expecfled. An act vvas ■^^" ^*' made to encourage it ; and it was allovv^ed to be received at the Treafury, in lieu of money, at one Ihiiling per pound. But as there was fcarcely land enough in cultivation, for the production of corn, it was vain to think of raifing a lefs necelTary commodity. The Parliament of England v^as attentive to the advantages which might be derived to the nation from the Colonies, to which they ' were particularly incited by the war, v/hich at this time ra^-ed between Sweden and Ruf- o fia, the grand ma.rts for naval (tores in Eu- rope. A duty vv'hich had been paid on lum- ber imported from America, was taken oiF ; and this was odeemcd fo great a favor to New-Hampihire that the Aifembly thanked r^-^o ffTvmUy 28 HISTORY OF 1719. SKnte for the fhare he had in obtaining it. About the fame time, an acl of Parliament was made for the prefervation of the white pines. Penalties in proportion to the fize of the trees, were laid on the cutting of thofe which grew without the bounds of town- fhips ; and for the greater terror, thefe pen- alties were to be recovered by the oath of one witnefs, in a Court of Admiralty ; where a lingle Judge, appointed by the Crown, and ^ removeable at pleafure, determined the caufe George I. without a Jury. While this bill was pending. Chap 12. iiQ^yj Newman, the Agent for New-Hamp- Ms peti. {hire, petitioned againfl the feverity of it, but without effect. Great inconveniences had arifen for want of a due fettlement of the limits of the Prov- ince. The people who lived near the fuppo- fed line, were fometimes taxed in both Prov- inces, and were liable to arreils by the offi- cers of both ; and fometimes the officers themfelves were at variance, and imprifoned each other. Several attempts had been made to remove the difficulty, and letters frequent- ly paffied between the two Courts on the fub- jecb, in confequence of petitions and com- plaints from the borderers. In 1716, Com- miffioners were appointed by both Provinces, to fettle the line. The New-Hampfhire Commiffioners were furniflied by Lieuten- ant Governor Vaughan, with a copy of the Kis!"in. report of the Lords Chief Juftices in 1677, ftruftious. ^,^^1 -were inftrudled ' to follow the courfe of 'the river Merrimack, at the diflance of three Lt! Gnwcr- ' miles north as far as the river extends.* The rjrth!'"'" commiffioners on the other fide complained that this power was not fufficient ; if by fut- NEW-HAMPSHIRE. 29 ficient it was meant that they had no power 1719. to vary from their inftrucflioiis, the objc(5lion was true, but why this jliould have been objeded it is not eafy to account, lince the inltru6lions would have given MafTachufetts all which they could claim by virtue of their old charter ; or the judgment upon it, on which they always laid much ftrefs. Three years afterward the affair was agitated again, in obedience to an order from the Lords of Trade ; who directed a map to be drawn and fent to them, in vvdiich the boundaries of the Province fhould be delineated, and the beft onf>ina! accounts and vouchers procured to elucidate it. Commiilioncrs were again appointed to meet at Newbury; and thofe from New- onjjioai Ilamnihire were inllrucfted by Lieutenant ^^A"' Governor Went worth to confer with the oth- ers ; and if they could agreee, in fixing the place where to begin the line, they were to report accordingly ; but if not, they w^ere to proceed ex partc^ ' fetting their compafs on ' the north fide of the mouth of Merrimack ' river at high water mark, and from thence ' mxeafuring three miles on a north line, and ' from the end of the firft three miles on a ' weft line into the country, till they fhould * meet the great river which runs out of * Winipifiogee pond.' To this idea of a weft line, the MaiTachufetts Commiffioners obje(5l- ed ; and defircd that the commifiion ot the Governor of New-Hampiliire might be fent to Newbury, which was rcfufcd, and the conference ended without any agreement. However, a plan was drawn agreeably to thefe inftructions, and fent to the Lords of Trade : and Newman the Aecnt was in- 30 HISTORY O^ 1719. flni6lcd to folic it for a coniirmation of it. In thefe inftrudiions, the ideas of the gentle- men in government are more fully exprelfed. Penhai- Tlic duc wcft line on the fouthern fide of the ^* * '^^^^* Province, they fappofed, ought to extend as far as Maifachufetts extended. The line on the northerly fide adjoining to the Province of Maine, they fuppofed, ought to be drawn up the middle of the river Pifcataqua, as far as the tide flows in the Newvs^ichwannock branch ; and thence northwcflward, but whether two or more points weilward of north was left for further confideration. While thefc things were in agitation, the Province unexpefledly received an accellion of inhabitants from the north of Ireland. A colony of Sects prefljyterians had been fettled Hamc. ii^ the Province of Uliter, in the reign of James I ; they had borne a large fliare in the fufFer- ings, which the protedants in that unhappy country underwent, in the reign of Charles 1 and James II ; and had thereby conceived an ardent and inextinguilliable thirft for civil and religious liberty. Notwithftanding the peace which Ireland had enjoyed, fince the iubjecflion of the Popifli party by King Wil- liam, fome penal laws were flill in force ; which, with the inconvenience of rents and tithes, made thcfe people wifli for a fettle- ment in America ; where they might be free from thefe burthens and have full fcope for their induftry. One Holmes, a young man, ion of a clerGryman, had been here and carri- Haivcy. ecl home a lavorable report or the country, which induced his father, with three other prefbyterian Miniilers, James Macgregore, William Cornwell, and "William Boyd, and a NEW-HAMPSHIRE. 31 large number of their congregations, to re- 1719, folve on an emigration. Having converted r, their fubftance into money, they embarked in five fhips, and about one hundred families ijVs. of them arrived at Boilon. Cornwell, with about twenty families more, arrived a Cafco. They immediately petitioned the Affembly of MaiTchuletts for a tradl of land ; who gave them leave to look out a fettU ment of fix miles fquare, in any of the unappropriated lands at the caflward. After a fruitlefs fearch along the fliore, finding no place that fuited them there ; iixteen families, hearing of a tracfl of good land, above Haverhill, called Nutfield (from the great number of chefnut i^ ^ and walnut trees there) and being informed that it was not appropriated, determined there to take up their grant ; the others dilperfed themfelves into various parts of the country. As foon as the fpring opened, the men went from Haverhill, where they left their fami-' ^'' lies, and built fome huts near a brook which falls into Beaver River, and which they nam- ed Wefl-running brook. The firil evening- after their arrival, a fermon' was preached to them under a large oak, which, is to this day regarded with a degree of veneration. As foon as they could colledl their families, they called Macgregore ti) be their minifler, who fince his arrival in the country had preached at Dracut. At the firft facramental occafion, , were prefent two miniilers and fixty-five communicants. Macgregore continued with them till his death ; and his memory is itill \]^ll^'^' precious among them : He was a wife, afFec- ^^'-° ^i* tionate and faithful guide to them, both in civil and religious concerns. Thefe people ^2 HISTORY OF 1719. brought with them the neceflai'y materials for the manufa(flure of linen ; and their fpin- ning wheels, turned by the foot, were a nov- elty in the country. They alfo introduced the culture of potatoes, which w^ere firfl planted in the garden of Nathaniel Walker of Andover. They were an indullrious, frugal and confequcntiy thriving people. They met with fomc difficulty in obtain- ing a title to their lands. If the due weft line between the Provinces had been eftablifhed, it would have paffed through their fettlement and divided it betvv^een Maffachufetts and New-Hampfliire ; but the curve line, follow- ing the courfe of Merrimack at three miles diftance, would leave them unqueftionably in Ncw-Hampfliire. This was the idea of the General Court of Ma.ftachufetts, vsrho, up- on application to them for a confirmation of their former grant, declared them to be out of their jurifdidion. Among the many claimants to thefe lands, they were informed, that Col. Wheelvvrright of Wells had the befl Indian title, derived from his anceftors. Sup- poling this to be valid in a moral view, they followed the example of the fir ft fettlers of New-England, and obtained a deed of ten miles fquare, in virtue of the general licenfe granted by the Indian Sagamores in 1629. To prevent difficulty from Allen's claim, they applied for leave of fettlement to Col. Tinirt's Ufher, who told them that the land was in Mss. difpute, and that he could not give them leave, but that he fuppofed they might fet- tle on it, if they would hold it either of the King or of Allen's heirs, as the cafe might be determined. They alfo applied to the Lieu- NEW-HAMPSHIRE. 23 tenant Governor of New-Hampfliire) who 1719. declined making them a grant in the King's name ; but, by advice of Council, gave them a protedion, and extended the benefit of the law to them ; appointing James M'Kean to be a Juflice of the Peace, and Robert Wier a Minute?. Deputy Sheriff! Some peribns who claimed thefe lands, by J 720. virtue of a deed of about twenty years date, from John, an Indian Sagamore, gave them fome diilurbancc ; but, having obtained what they judged a fuperior title, and enjoying the proteclion of government, they went on with their plantation ; receiving frequent addi- tions of their countrymen, as well as others, till in 1722, their town was incorporated by Harvey's the name of Londonderry, from a city in the ^""^ ^"' north of Ireland, in and near to which mofl k.ss^ of them had redded ; and in which Ibme of them had endured the hardiliips of a memo- rable fiege.* The lettlement of thefe emigrants, on the wafte lands, opened the way for other plan- tations. Thofe who had borne the burthens •John BaT, Willia-n Caldwell and Abraham Blair, with Avp'-al ethers tvho hid [iiffcic.i ia this fi'fe^ a.id came to Ao. erics, ivtre by Kinjj WiU liaoi's fpccial orH.tr madt free of tdxcs ihrouph all the Btiv'(h doir.itjicns. Thij, wifh ffveral othtr c rcutr.ft Dcef- rclatipjj to thefi. feoplc^ 1 took from a tiiatnifcripr Ittter written (1729) by Mr Jihri Har\ey, fchccl- maftcr in Londonderry, to Mr. Hr;r>cc. In the f»iiie letter was the fol- lowing brief account of ihe fipe abrvs nif-ntiorei. • Lon.!ond «u frnouch at half •a crown ; and yet God liipported them until Kln^ VViiljarr fent tbcm ' rthcf by twe (h'ps with mt'i and jTcviOotw froii FngUnI ; at >*hich ' fight. bef.>rc the (hii r got up to the city and lai oed thtir men, the be- ' Cegcri ireved their ctxmp and fl-d to the weft of l.-rbn'', w here after- ' wards two bloody battles wrrc fou|',ht and the pnpifts fu'idned. * Two thipgs furti cr ((ay«h-) 1 h.ivj to re'ite re!p <5lan; Derry, i. The ' church of Dcrry is fo Orongly built with ftone and lirr«* 1' af in rhe ftec- ' pic they had a cannon fixed, which did more bu't to the Infh arnr.y than * fix upon the walls, a. There wat ore Col. Murray in the fi' ge. He ' and a party were out againft the enemy, aud having got the advantage E 0'± HISTORY OF 1720. and diflreffes of war, in defending the coun- try, had long been circumfcribed within the limits of the old towns ; but w^ere now mul- tiplied, and required room to make fettle- ments for their children. They thought it hard to be excluded from the privelege of cultivating the lands, which they and their fathers had defended ; while" ftrangers were admitted to lit down peaceably upon them. Thefe were weighty reafons. At the fame time no attempt was making, by any of the claimants, to determine the long contefled point of property ; and in fiicft, no perfon could give a clear and undifputed title to any of the unfettled lands. In thefe circumlfances, a company of about one hundred perfons, inhabitants of Portf- mouth, Exeter and Haverhill, petitioned for liberty to begin a plantation, on the norther^ -i»yo] ly part of the lands called Nutfield. Thefe w^ere foon followed by petitioners from the other towns, for the lands which lay contig- ous to them. The Governor and Council kept the petitions fufpended for a long time, giving public notice to all perfons concerned to make their objediions. In this time the lands were furveyed, and the limits of four » in an engagement with them a mile from the walls, the enemy's General, ' who was a Frenchman, and hr, met ; and having borh fired their piftols • drew their (words, and the General having a coat of mail, had the ad- • vanta(.^e of Muiray, f'o that he could not hurt him. At length Murray ' cihferving that there wes no touching him but through the harnefs in his • face, put his fword ifi through the birs of the harnefs and killed him.' Thty made a great flaughter that day.' Nothing was more cffenfive to thefe emigrants than to be called Irish. Macgregore in a letter to Governor Shutc, (ijao) fays : ' We are furpri- • fed to hear ourfelves termed Irifti people, v> hen we fa frequently ventur- • ed our all for the Bri'ifli Crown and liberties againfl the Irifh papifts ; 'and gave ail ccfts of our loyalty, which the gov.'rnment of Ireland rc- • quired and are always ready to do the fame when cicmanded. The people of this country did not undcrlland tne diftindion ; nor in fadl did they treat thefe ftrangers with cocnmon decency on their fiift •nival. The grudge fubfillcd a long time, but is now worn out. NEW-HAMPSHIRE. ^ propofed townlhips determined ; and die peo- 1721. pie were permitted to build and plant upon the lands ' provided that they did not mfrmge ^^^.^ ^^ * on, or interfere with, any lormcr grants, c- unca « pofTelTions or properties.' Some of theie lands were well ilocked with pine trees ; which were felled in great abundance ; this occafioned a fiefli complaint from the Kmg s furveyor. At length, charters being prepared, were 1722. figned by the Governor; by which four town- ^^^ ^^ fliips, Chefter, Nottingham, Barrmgton and Rochefter were granted and incorporated. The grants were made in the name ot the King, who was confidered as the common guardian, both of the people and the chum- ants ; but with a claufe of refervation, ' as far as in us Iks; that there might be no infringe- ment on the claims. The figning of thefe grants w^as the lalt act of Government performed by Shute inNew- Hampiliire. A violent party in MafTlichu- fetts had made fuch Rrenuous oppofition to him and caufed him fo much vexation, as rendered it eligible for him to aflc leave to return to England. He is faid to have been a man of a humane, obliging and frkndly dlfpofition ; but having been ufcd to military command, could not bear with patience the coUifion of parties, nor keep his temper when provoked. Fond of eafe, and now in the de- cline of life, he would gladly have fpent his days in America if he could have avoided controverfy. The people of New-Hampfhire were fatisfied with his adminiftration, as tar as it refpeded them ; and though they did not fettle a falary on him as on his predccei- 36 HISTORY OF 1722. for, yet they made him a grant twice in the Affembi year, generally amounting to a hundred Records, pounds, and paid it out of the excife which was voted from year to year. This was more in proportion, than he received from his oth- er government. On his departure for Eng- ^ y.^^ land, which was very fudden, and unexpecft- ed. Lieutenant Governor Wentworth, took Jane i. ^|^^ chief Command, in a time of diftrefs and perplexity ; the country being then involved in another war with the natives. KEW-HAMFSHIRE, §7 CHAR XIV. T^e fourth Indian War^ commonly called the three years ruar, or JLofejtell's ivar. 1 O account for the frequent wars with the eaftern Indians, ufually called by the French, the Abenaquis, and their unflead- inefs both in war and peace ; we mufl ob- ferve, that they were fituated between the Colonies of two European nations, who were often at war with each other, and who pur- fued very different meafures with regard to them. As the lands, on which they lived, were comprehended in the patents granted by the crown of England, the natives were confider-. ed by the Englifli, as fubjecls of that crown^ In the treaties and conferences held with them, they were ftyled the King's fubjeds ; when war was declared againft them, they were called rebels ; and when they were compel- led to make peace, they fubfcribed an ac- knowledgement of their perfidy, and a dec- laration of their fubmiflion to the government, without any j nil ideas of the meaning of thofe terms ; and it is a difficult point, to, deter- mine what kind of fubjecls they were. Befide the patents, derived from the Crown, the Engliili in general were fond of obtaining from the Indians, deeds of fale for thofe lands, on which they were difpofed to make fettle- ments. Some of thefe deeds were executed with legal formality, and a valuable conlider- a.tion was paid to the natives for the purchafe ; 3§ HISTORY OF Others were of obfcure and uncertain origi- nal ; but the memory of fuch tranfa(5lions was foon loft, among a people who had no written records. Lands had been purchafed of the Indian chiefs, on the Rivers Kenne- beck and St. George, at an early period ; but the fucceeding Indians either had no knowl- edge of the files made by their anceftors, or had an idea that fuch bargains were not bind- ing on pofterity ; who had as much need of the lands, and could ufe them to the fame purpofe as their fathers. At iirft, the Indians did not know that the European manner of cultivating lands, and eredling mills and dams, would drive away the game and fifli, and thereby deprive them of the means of fubfiftence ; afterward, finding by experience that this was the confecjuence of admitting foreigners to fettle among them, they repent- ed of their hofpitality, and were inclined to difpoflefs their new neighbours, as the only way of reftoring the country to its priftine ftate, and of recovering their ufual mode of fubfiilence. They were extremely offended by the fet- tlements, which the Englilli, after the peace of Utretcht, made on the lands at the eaft- ward, and by their building forts, block hou- fes and mills ; whereby their ufual mode of paiTmg the rivers and carrying-places was interrupted ; and they could not believe, though they were told with great folemnity, coverror that thcfc fortifications were ereded for their ^.!""i'ence defence againll invafion. When conferences »7«7. ' v^'ere held with them on this fubjed, they ei- ther denied that the lands had been fold, or pretended that the Sachems had exceeded NEW-HAMPSHIRE. S9 their power in making the bargains ; or had J.^l^^'^'^, conveyed lands beyond the limits of their Lovcra*« tribe ; or that the Englifli had taken advan- ' *' tage of their drunkennefs to make them lign the deeds ; or that no valuable confideration had been given for the purchafe. No argu- ments or evidence which could be adduced would fatisfy them, unlefs the lands were paid for again ; and had this been done once, their poilerity after a few years would have renewed the demand. On the other hand, the French did not in Abb* a formal manner declare them fubjetfls of the ^^ crown of France ; but every tribe, however fmall, was allowed to preferve its indepen- dence. Thofe who were (itviated in the heart of Canada kept their lands to themfelves, which were never folicitcd from them ; thofe who dwelt on the rivers and lliores of the Atlantic, thoup-h diilant from the French Colonies, received annual prefents from the King of France ; and folitary traders refided with, or occafionally vilited them ; but no attempt was made by any company to fettle on their lands. It was in the power of the Englifh to fup- ply them with proviiions, arms, ammunition, blankets and other articles which they want- ed, cheaper than they could purchafe them i*7i*t of the French. Governor Shute had promif- ed that trading houfes fhould be eftablifhed among them'^,and that a fmith fhould be pro- vided to keep their arms and other inftru- ments in repair j but the unhappy conten- • The rc«der is dcfired to corteA a tuiftake in the firft Tolume, in- flcad of ' truck houffs cftabulbid,^ read ' i: was :« couUBipUtion Cd tf • tablilh truck bsufes/ 40 nrsTORY of 1717. tions between the Governor and Aflembly of Maffachufetts prevented a compliance with this engagement. The Indians were there- fore obliged to fubmlt to the impofitions of private traders, or to feek fupplies from the French ; who failed not to join with them in reproaching the Englilh for this breach of promife, and for their avidity in getting away the land. The inhabitants of the eaflern parts of New-England were not of the bed character for religion, and were ill adapted to engage the afFec5lions of the Indians by their exam- ple. The frequent hoftilities on this quarter, not only kept alive a fpirit of jealoufy and revenge in individuals, but prevented any endeavors to propagate religious knowledge among the Indians by the government ; though it was one of the conditions of their charter ; and though many good men wiflied it might be attempted. At length Governor Shute, in his conference with their Sachems at Arrowiic, introduced this important buli- nefs by offering them in a formal manner, an Indian bible, and a proteftant miffionary ; but they rejecfted both, faying ' God hath * given us teaching already, and if we fliould * go from it we Ihould difpleafe him.' He would have done much better fervice, and perhaps prevented a war, if he had complied with their earned defire to fix a boundary, jiijgc Sew. beyond which the Engliih Ihould not extend a Is memo- -, "^ . ^ , rial. their lettlements. penhai- ^ gentleman, in converfation with one of low's wss. their Sachems, afked him why they were fo llrongly attached to the French, from whom they could not expe(5l to receive fo much ben- NEW-HAMPSHIRE. 41 efit as from the Engllfh ; the Sachem grave- 1717. ly anfwered, ' Becaul'e the French have taught * us to pray to God, which the EngUfh never ' did/ It has been obferved in the former part of , , * Vo! . 1 1 this work, that the Jefuits had pLanted them- Page isi- felves among thefe tribes. They had one Church at Pcnobfcot, and another at Norridg- wog, where Sebailian Ralle, a French Jeiliit, refided. He v/as a man of good fenfe, learn- ing and addrefs, and by a compliance with their mode of life, and a gentle, condefcend- ing deportment, had gained their affecSlions fo as to manage them at his pleafure. Know- ing the power of fuperilition over the favage mind, he took advantage of this, and of their prejudice againil the EngliilT, to promote the caufe, and flrengthen the intereft of the French among them. He even made the of- fices of devotion fervc as incentives to their ferocity, and kept a flag, in which was de- picted a crofs, farroundcd by bows and ar- rows, which he ufed to hoifl on a pole, at the door of his church, when he gave them ab- New^-rng, folution, previoully to their engaging in any [.a"*^ j,"^ warlike enterprife. ^6©. With this Jefuit, the Governor of Canada held a clofe ,.correfpondence ; and by him was informed of every thing tranf icted a- mong the Indians. By this means, their dif- content with the EngliOi, on account of the ' fettlements made at the eaftward, was height- ened and inflamed ; and they received every encouragement, to affert their title to the lands in queflion, and moleft the fettlers, by killing their cattle, burning their ftacks of hay, robbing and infulting them. Thefe in- 4^ HISTORY OF 1720, folencies difcouraged the people, and caufed many of them to remove. The garnfons were then reinforced ; and fcouting parties were ordered into the eaftern quarter, under the command of Col. Shadrach Walton. By this appearance of force, the Indians, who dreaded the power of the Englifli, were re- flrained from open holiilities. They had frequent parleys with the commanders of forts, and with commiffioners who vifited them' occafionally ; and though at firil they deemed to be reiolute in demanding the re- moval of the Englifti, declaring that * they Captain * had fouglit for tlic Luid thi-ee times, and LI Mss ' would fig^it for it again ;' yet when they were told that there was no alternative but perfect peace or open war, a.nd that if they 'chofe peace they mud forbear every kind ot infult, they feemcd to prefer peace ; and ei- ther pretended ignorance of what had been done, or promifcd to make inquiry into it ; and as an evidence of their good intentions, offered a tribute of fl-iins, and delivered up four of their young men as hoftages. This proceeding was highly difrelifhed by the Governor of Canada; who renewed his efforts to keep up the quarrel, and fecretly promifed to fupply the Indians with arms and ammunition ; though as it was a time ofpeace between the two crowns, he could f[ff''' not openly affift them. The New-England Governments, though highly incenfed, were not eafdy perfuaded to conient to a war. The difpute was between tlie Indians and the proprietors of the eaftern lands, in which the public were not dircclly intereftcd. No blood had as yet been ihcd. NEW-IIAMPSHIRE. 4S Canfeau had been furprifed and plundered, 1720. and fome people killed there ; but that was in the government ot Nova Scotia. Ralle was regarded as the principal iniligiitor of the Indians ; and it was thought, that if he could be taken off they would be quiet. It was once propofed to fend the Sheriff of York County with a poffi of one hundred and fifty men, to feize and bring hiin to Bofton ; but 172L this was not agreed to. The next llimmer, Ralle in company v/ith Cafcine from Penob- fcot, and Croilil from Canada, appeared a- 'mong the Indians, at a conference held on Ar- " ^" rowiic liland, with Capt. Penhallow, the com- mander of the garrifon, and brought a letter, written in the name of the feverai tribes of Indians, direifled to Governor Shute ; in which it was declared, ' that if the Englifli * did not remove in three weeks, they would ' kill them and their cattle, and burn their * houfes.' An additional guard vras fent down ; but the government, loth to come to a rupture, and deiirous if poflible to treat with the Indians feparately from the French emif- faries, invited them to another conference, which invitation they treated with neglecfi:. In the fucceeding winter, a party under Col. Thomas Weilbrooke was ordered to Nor- iidgwog to feize Ralle. They arrived at the village undifcovered, but before they could furround his houfe, he elcaped into the woods, leaving his papers in his flrong box, which they brought off without doing any other damage. Among thefe papers were his let- ters of correfpondence with the Governor of Canada, by which it clearly appeared, that lie was deeply engaged in exciting the In- 44 HISTORY OF 1722, dlans to a rupture, and had promifedto affift them. This attempt to felze their fpiritual flither, could not long be unrevenged. The next pTrn'lai- Summer they took nine families from Mcrry- low'i hidi- meeting bay, and after difraifling fome of the Si. ' ' prifoners, retained enough to fecure the re- demption of their hoflages and fent them to Canada, About the fame time they made an attempt on the fort at St. George's ; but were repulfed with conliderable lofs. They alfo furprifed fome fifhing velTels in the eaftern harbours ; and at length made a furious at- tack on the town of Brunfwick, which they dedroyed. This a(5lion determined the gov- ernment to ifFue a declaration of war againft them, w^hich was publillied in foiTn at Bofton J«iy»i. and Portfmouth. New-Hamplhire being feated in the bofom of MafTachufetts, had the fame intereft to ferve, and bore a proportionable fliare of all thefe tranfadlions and the cxpenfes attending them. Walton, who iirft commanded the forces fent into the eaftern parts, and Weft- brooke, who fucceeded him, as well as Pen- hallow, the commander of the fort at Arrow- fic, were New-Hamplliirc men ; the two for- mer were of the Council, A declaration of war being made, the enemy were expelled on every part of the frontiers ; and the Aflem- bly were obliged to concert meafures for their fecurity, after an interval of peace for about ten years. The ufual route of the Indians, in their marches to the frontiers of New-Hampihire, was by the way of Winipifeogee lake. The dillance from Cochecho falls in the town of NEW-HAMPSHIRE. 45 Dover, to the foutlieafl bay of that lake, is 1722. about thirty miles. It was thought that if a road could be opened to that place, and a fort built there, the enemy would be prevented from coming that way. Orders were accor- dingly ill'ued, and a party of two hundred and fifty men were employed in cutting down the woods for a road ; but the expenfe fo far exceeded the benefit which could be expected from a fort at fuch a diiiance, in the wildcrnefs, to be fupplied with provifions and ammunition by land carriage, which might eafily be interrupted by the enemy, ^ffe^tiy that the dclign was laid alide, and the old method of defence by fcouts and garrifons was adopted. Lieutenant Governor V/ent- worth, being Commander in Chief in Shute's abfence, was particularly careful to fupply the garrifons v^^ith flores, and vifit them in perlon, to fee that the duty was regularly per- formed ; for which, and other prudent and faithful fervices, he frequently received the acknowledgments of the Affembly and grants of money, generally amounting to one hun- dred pounds at every feilion, and fometimes more. They alfo took care to inlift men for two years, and to eftablifli the wages of offi- cers and foldiers at the following rates ; a Captain, at feven pounds per month ; a Lieu- tenant, four pounds ; a Sergeant, fifty-eight fhillings ; a Corporal, forty-five fliillings, and a private, forty fnillings. A bounty of one hundred pounds was offered for every Indian fcalp. The difierence between the currency and llerlhig, was two and an half for one. The firft appearance of the enemy in New- Hamplhire, was at Dover j wher;j they liir- 1723. 46 HISTORY or 1723. prlfed and killed Jofepli Ham, and took three of his children ; the reft of the family efca- mge^96.'^ ped to the garrifon. Soon after they waylaid the road, and killed Triftram Heard. Their next onfet was at Lamprey River, where they Auguft ^9. killed Aaron Rawlins and one of his children, taking his wife and three children captive.* 1724. The next fpring they killed James Nock, m7o[rcv. one of the elders of the church at Oylier Riv- Hugh Ad- gr as he w^as returnino; on horfeback from * * This Aaron Rawlins (xhofe wifs was ^ daughter of E '.wsrd Tay- • lor, wlio wag killed by the Indians 1704) lived upon the plan:a;ioi) iett ' by Taylor, about half a mile weft fr'itii Lamprey R wer larxling at the • lower falls on PifcaQck River. Tht perplc there at tha: tiaic, common- • ly retired, at nii^ht, to the garri'or.eil hi.u''£s>, and returned hotr.e in the ' day time ; but that night they ne>;le(ftf:d to retire as ufual. His brother • Samuel alfo lived about half a rjile diftant on t^ie fame livcr. It fseaig ' the indiao fcout coniifleJ of eighteen, who probably had been reconnort* • cring fome time^ and intended to have dsftroyed both the families, and • for that purpofe divided, and nine went to each houfc ; but the party that • went to Samuel Rawlins't;, beating in the ^^inlow, and fir ding the fami- 'iy gonf, iaamcdiately jjitied thtir companions, who were engaged at ' Aaron's. His wife went oiit at the door; perhaps foon^r than they would ' otherwife have nff^iulted the houfe, and w&s inctncdijtely fjizcd, and one ' or two of her children who followed her. Kcr hufb^nd being alarmed, • fecured the door before they could enter, and wih his eldefh (^an^hter, ' about t«i*cl7e years old, ftocil ut>on his ielence, repeatedly firitig wherev- • er they atten-.pted to enter, and at the facne time calling earneftly to his ' neighbors for help ; hut the people in the feveral girrifoned bouf'-s neatj • apprehending from the noifc and inctfiint firing, the number of the ene- ' aiy to be greater than they we c and erpeding evf-ry moment io be at- • tacked themfelves^ did not ve?)ture to come to his ifiiilince. Hav.ng for ' fome time bravely withftood fuch unequal force, he was at laft killed by • their rsDoom ibots through fhc houftf, which they then broke open, and • killed his daughter. They kal^ed hiai, and cut ofT his daughter's head, ' either through hafte, or probably being enraged againft her, on account of ' the aiLftance fcc had afTordcd her father in th- ir defence, which evident- • ly appeared by her iiands being foiled with powder. His wife and two ' children^ a fon and a daug'rtter, they carried to Carad» : The woman ' was redeemed in a few years. The fon wa» adopted by the Indians, and « lived with them all his days . Ye cairc into Pcnnycook with the I.ndians ' after the peace^ and expreflld to f^oie people with whom he coiiverfed^ ' much refentnient againll his uncle Samuel Rawlin«, on fuppofing he had ' « detained from hisniochcr fomc property left by hi? father, but manifeftcJ ' nodcfire of returning to Newmarket again. The daughter mariied with ' a Frenchmsti, and when (he was near fixty years old^ returned with her • hufband to her native place, in expcflation of recovering the patrimony ' Ihe conceived was Icfc at the death of her father : But the e(lat ' (hire Rcc. a committee of MalIachufeLis,then employed in laying out the lands, and to remonitrate againfk their proceeding. A furvey of other lands near Winipifeogee lake, was order- ed ; that it might be known, what number of townfhips could be laid out, independently of the Maflachufetts claim. On the other hand, the heirs of Allen renewed their endea- vours, and one of them, John Hobby, peti- tioned the Affembly to compound with him for his claim to half the Province ; but the only anfv>Tr which he could obtain was that * the Courts of law were competent to the de- * termination of titles,' and his petition was difmilTed. 70 HISTORY Of 1726. Both Provinces became earneflly engaged. Maffachufetts propofed to New-Hampftiire the appointment of commiffioners, to eflab- lifh the line. The New-Hampiliire AiTem- bly refufed, becaufe they had fubmitted the cafe to the King. The Maffachufetts people, forefeeing that the refult of this application might prove unfavorable to their claim of ja- rifdidion, were folicitous to fecure to them- felves the property of the lands in queftion. Accordingly, the propofed line of townihips being furveyed, ' pretences were encouraged ' and even fought after, to entitle perfons to Houhinfon * ^^ grantccs.' The defcendants of the offi- cers and foldiers, who had been employed in expeditions againft the Narraganfet Indians, and againfl Canada, in the preceding centu- Maffa^h... ^7' were admitted j and the furvivors of the feus Rec.' ^^tc Captain Lovewell's company, with the heirs of the deceafed, had a ieleO: trad grant- ed to them at Suncook. There was an ap- pearance of gratitude in making thefe grants, and there would have been policy in it, had the grantees been able to comply with the 1727. conditions. New-Hampihire followed the May s8 & ^^-^^^P^^* '^^d made grants of the townihips 3o. of Epfom, Chicheiler, Barnftead, Canterbury, Giimantown and Bow. All thefe, excepting the laft, were undoubtedly within their lim- its ; but the grant of Bow interfered with the grants which Maffachufetts had made, at Penacook and Suncook, and gave rife to a litigation, tedious, expenfive, and of forty years continuance. Thefe trads of land granted by both Prov- jnces were too numerous and extenfive. It was impradicable to fulfil the conditions, on NEW-HAMPSHIRE. 71 which the grants were made. Had the fame 1727. liberal policy prevailed here as in Penniylva- nia, and had the importation of emigrants from abroad been encouraged, the country might have been foon filled with inhabitants ; but the people of Londonderry were already looked upon with a jealous eye, and a farther intrufion of ftrangers was feared, left they fliould prove a burden and charge to the community. People could not be fpared from the old towns. Penacook was almoft the only fettlement which was eftecfled by emigrants from MafTachufetts. A fmall be- ginning was made, by the New-Hampfliire proprietors, at Bow, on Suncook river ; but the moil of the intermediate country remain- ed uncultivated for many years. Schemes of fettlement were indeed continually form- ing ; meetings of proprietors were frequent- ly held, and an avaricious fpirit of fpeculat- ing in landed property prevailed ; but the real wealth and improvement of the country inftead of being promoted were retarded. On the death of King George I ; the Af- fcmbly, which had fubhfted five years, was ^:^ "p^""/' of courfe diflolved ; and writs for the elec- Nov. a^. tion of another were iffued in the name of George II. The long continuance of this Aifembly was principally owing to the ab- fence of Governor Shute, in whofe adminif- tration it commenced ; and the uncertainty of his return or the appointment of a fuccef- for. It had been deemed a grievance, and an attempt had been made in 1 724 to limit the duration of AlTemblies to three years, in conformity to the cuftom of England. At Dec. r^, the meeting of die new AfTembly, the firfl i66. 72 HISTORY OF 1727. bufinefs which they took up was to move for a triennial a(5l. The Lieutenant Governor was difpofed to gratify them. Both Houfes agreed in framing an acl for a triennial Ai- fembly, in which the duration of the prefent x^llembly was limited to three years (unlefs fooner difTolved by the commander in chief) writs were to iffue fifteen days at leaif, before a new ele(5lion ; the qualification of a repre- fentative was declared to be a freehold eftate Edition of of three hundred pounds value. The quali- i77i,page ficatiou of an elector was a real eftate of fifty pounds, within the town or precincl where the eledlion fhould be made ; but habitancy was not required in either cafe ; the felecl- m.en of the town, with the moderator of the meeting, were conftituted judges of the qual- ifications of eledlors, faving an appeal to the Houfe of Reprefentatives. This a(51: having been pafTed, in due form, received the royal approbation, and was the only acl which could be called a conftitution or form of Government, eftabliilied by the people of New-Hampihire ; all other parts of their gov- ernment being founded on royal commiflions and inilru6lions. But this aifl was defedlive, in not determining by whom the writs fhould be ifTued, and in not defcribing the places from which Reprefentatives lliould be called, either by name, extent or population. This defedl gave birth to a long and bitter contro- verfy, as Vv'ill be feen hereafter. The triennial adl being pafTed, the Houfe. were difpofed to make other alterations in the government. An appeal was allowed in all civil cafes from the inferior to the fuperi- or court ; if the matter in controverfy ex- NEW-HAMPSHIRE. 73 ceedcd one hundred pounds, another appeal 1727. was allowed to the Governor and Council ; and if it exceeded three hundred pounds, to the King in Council. The appeal to the Governor in Council was iirft eflabliflied by Cutt's coinmilTion, and continued by lubfe- quent commiilions and inilrudlions. In Queen Anne's time, it Vs^as complained of as a grievance, that the Governor and Council j.?ceived appeals and decided caufes, without taking an oath to do julHce. An oath was then prefcribcd and taken. The authority of this court had been recognifed by feveral claufes in the laws ; but was difrelifhed by many of the people ; partly becaufe the judg- es who had before decided cafes, were gene- rally members of the Council ; partly be- caufe no jury was admitted in this court of appeal ; and partly becaufe no fuch inflitu- tion was known in the neighbouring Prov- ince of MalTachufetts. The Houfe moved for a repeal of the feveral claufes in the laws relative to this obnoxious court ; the Coun- cil non-concurred their vote, and referred them to the royal inftrudlions. The Houfe perfifted in their endeavors, and the Council in their oppofition. Both fides grew warm, and there was no profpe6l of an accommoda- tion. The Lieutenant Governor put an end to the feiTion, and foon after diffolved the Af- fembly by proclamation. A new Allembly was called ; the fame per- , *-^o fons, with but two or three exceptions, were re-eledled, and the fame fpirit appeared in all their tranfadlions. They chofe for their fpeaker Nathaniel Weare, who had been fpeaker of the former Aifembly, and having K 74 HISTORY or 1 72S. as -ufual prefented him to the Lieutenant Gov- ernor, he negatived the choice. The Houfe defired to know by what authority ; he pro- duced his commiilion ; nothing appeared in that, which fatisfied them ; and they adjourn- ed from day to day without doing any bufi- nefs. After nine days they chofe another Speaker, Andrew Wiggin, and fent up the vote, vv'ith a preamble, juflifying their form- er choice. The Lieutenant Governor approv- ed the Speaker, but difapproved the pre- amble ; and thus the controverfy clofed, each fide retaining their own opinion^ The fpeech- es and melTages from the chair, and the an- fwers from the Houfe, during this feifion, were filled with reproaches ; the public bufi- nefs was condu6led with ill htuiiour, and the Houfe carried their oppofition fo far as to pafs a vote for addrefling the King to annex the Province to Maffachufetts ; to this vote the Council made no anfwer. But as a new Governor was expe(5led, they agreed in ap- pointing a committee of both Houfes to go to Boflon, and compliment him on his arrival. The expedled Governor was William Burnet, fon of the celebrated Bifliop of Sarum, whofe name was dear to the people of New-England, as a fteady and active friend to civil and religious liberty. Mr. Burnet was a man of good underilanding and polite literature ; fond of books and of the conver- fation of literary men -, but an enemy to of- tentation and parade. He had been Gov- ernor of New-York and New-Jerfey, and quitted thofe Provinces with reluclHiance, to make way for another perfon, for v/hom the Britiih Miniflry had to provide. Whilfl at NEW-HAMPSHIRE. 75 New- York, he was very popular, and his fame 1 728, having reached New-England, the expedla- tions of the people were much raifed on the news of his appointment, to the Government of Maflachufetts and New-Hampfliire. Lieu- tenant Governor Wentworth characfterifed him in one of his fpeeches as ' a gentleman of * known worth, having juftly obtained an ' univerfal regard from all who have had the * ho?ior to be under his government.' He was J"'y 2^- o received with much parade at Boilon, whith- er the Lieutenant Governor of New-Hamp- Hiire, with a committee of the Council and Aiienibly, went to compliment him on his arrival.* Mr. Burnet had pofitive inftrucflions from the crown to infilf on the eftablifliment of a permianent falary in both his Provinces. He began with Mailachufetts, and held a long controverfy with the General Court to no pur- poi'e. InNew-Hampfhire,aprecedenthad been eltablilhed in the adminiitrution of Dudley, which was favourable to his views. Though fome of the Afiembly were averfe to a per- manent falary ; yet the Lieutenant Govern- or had fo much interelt with them, by viitue Rdcher'a of having made them proprietors in the late- ^sLctun iy granted townfliips, that they were induced to confent ; on condition that he fhould be ♦ Mr. Hutchinron has repreftnud Governor Purnet a« a man of bu- Diour, anJ given an anecdote rrfpediog his inc'lffcrence to the cuflom of faying grace at rpeal°. 1 he following floty of cha fame kmd^ perhaps will not be difagrctabic to the reac'cr One of the coTinnittee, who went from Boflnn, to meet him on the bor» dem of Rho le Iflanti, and con^'uifl him to the leJt of governmtnr, wis (in; facetious C'l. 'I'ai'.cr. Eurnct complaines. The Aflembly S8 HISTOHY OF 1 734. endeavored to vindicate the cliaracfler of the bills ; but in a few days he diffolved them, with a reprimand ; charging them with trif- . ling, with injuilice and hypocrify. It mull be remembereci, that his complaints of an empty treafury were not occaiioned by any failure of his own falary, which was regular- ly paid out of the excife. Belcher revived the idea of his predecefTor Shute, which was alfo countenanced by his inflru<5lions, that he was virtually prefent in New-Hamp{hire, when perfonaliy abfent, and attendidg his duty, in his other Province ; and therefore that the Lieutenant Governor could do nothing but by his orders. Dunbar had no feat in the Council, and Sha.dracii Walton being fenior member, by the Gov- ernor's order fummoned them and prefidcd. He alfo held the command of the fort, bv the Governor's commiflion, granted palles for ihips, and licenfes for marriage ; and received and executed military orders, as occaiion re- quired. The Lieutenant Governor contefted this point ; but could not prevail ; and find- ing himfelf reduced to a Hate of infignifi- cance, he retired in difguft, to his fort at Pemaquid ; wherc he relided almoft tV\^o years. The Governor's friends gave out that he had abfconded for debt, and affedled to triumph over the oppoficion, as poor and im- potent ; but their complaints, fupported by their agent Thomlinfon, and the influence of Bladen at the Board of Trade, made an im- preiTion there much to the diiadvantage of Mr. Belcher ; tliough he had friends among the miniilry and nobihcy ; the principle of whom w:i3 Lord Tovvnfend, by whofe influ- ence he had obtained his commiiTion. NEW-HAMPSHIRE. 89 After Dunbar's return to Portfmouth, the 1734. Governor thought it good policy to relax his feverity ; and gave him the command of the fort, with the ordinary perquifites of office, amounting to about fifty pounds fterling. Not content with this, he complained, that the Governor did not allow him one third of his falary. The Governor's falary was but fix hundred pounds currency ; he fpent at lead one hundred, in every journey to New- Hampfliire, of which he made two in a year. At the fime time Dunbar had two hundred pounds llerling, as Surveyor General of the woods ; which, with the perquifites, amount- ing to one hundred more, v/ere divided be- tween him and his deputies. But it muft be remembered that he was deeply in debt, both here and in England. The rigid execution of the office of Sur- veyor General had always been attended wHth difficulty ; and the violent manner, in which Dunbar proceeded with trefpaffers, raifed a fpirit of oppofition on fuch occafions. The ftatutes for the prefervation of the woods empowered the furveyor to feize all logs, cut from white pine trees, without licenfe ; and it refted on the claimant, to prove his pro- perty, in the court of Admiralty. Dunbar went to the faw-mills ; where he feized and marked large quantities of lumber ; and with an air and manner to which he had been ac- cuflomed in his military capacity, abufed and threatened the people. That clafs of men, with whom he was difpofed to contend, are not eafily intimidated with high words ; and he was not a match for them, in that fpecies of xontroverfy, which thev have denominated M 90 HISTORY or 1734 fw amp law. An inflance of this happened at Dover, whither he came, with his boat's crew, to remove a parcel of boards, which he had feized. The owner, Paii^ Gerrifli, warn- ed him of the confequence ; Dunbar threat- ened with death the firft man who fliould obftrucft his intentions ; the fame threat was returned to the firft man who fliould remove the boards. Dunbar's prudence ?X this time, got the better of his courage, and he retired. With the like fpirit, an attempt of the fame kind was fruftrated at iLxeter, whither he fent a company in a boat to remove lumber, Whilft his \T\roc'arriation iffuci'. by Licutenanr Governor Phips, ( VI arch 25^ 1737) <>" occafion o( a riot at Boflon, whilft the Govtrnor was in Ntw H.itni'fhire ; and ar Hi» return, he ifTued an ither in which he ref ri, to the loruicr^ not only with- out cenfuring it, bu( iu terms ot ap(>tobation. 92 HISTORY OF 1734. advertifement. The true reafon that the rioters were not difcovered, was, that their plan was fo artfully condiicled, their perfons io effeclually difguifed, and their confidence in each other fo well placed, that no proof could be obtained ; and the fecret remained with themfelves, till the danger was over, and the government had paiTed into other hands. A law had been made, for holding the In- ferior Court of Common Pleas, alternately in each of the four old towns ; and the pradlice had been continued for feveral years, much to the convenience and fatisfaclion of the people ; but Dunbar remonflrated againft it, to the Board of Trade, and moved for a dif- allowance of the act, becaufe the people who had obftructed him in his office deferved not fo much favor. The acl was in confequence difallowed, and the courts were afterward 1135. confined to Portfmoutb.. The order for dif^ allowance, came to the hands of Dunbar, who called a meeting of the Council, that they might advife to its publication. A majority of them would not confent, till the original order was font to Eofi:on,and Governor Belch- jnne 13. ^^ dircdlcd the publication of it. This tranf- at^ion ferved as matter of frefh complaint, and was alleged as an argument for the ap- pointment of a Governor, who fliould refide couilantlv in the Province. To finilli what relates to Dunbar. He was ca.relled by the party in oppolition to Belcher, under the idea that he had interell enough in England, to obtain a commiflion for the government of New-Hampfhire. In 1737 he went to England to profecute his de- fign J where, by his old creditors, he was ar~ NEW-HAMPSHIHE. 93 refled and thrown into prifon. Thomlinfon 1735. found means to liberate him ; but perceived t^jo^iib. that he had neither fleadinefs nor abiUty for fon's letter* the ftation at which he aimed, nor interefl enough to obtain it ; though, by his prefence in England, he ferved to keep up the oppofi- tion to Belcher, and was ufed as a tool for that purpofe, till the obje^ffc was accomplilli- ed. After which he was (1743) appointed, by the Eail India Company, Governor of St. Helena. The trade of the Province at this time con- fided chiedy in the exportation of lumber and filh to Spain and Portugal, and the Ca- ribbee Illands. The mail trade was wholly confined to Great Britain. In the winter fmall veffels went to the fouthern Colonies, fail^r"}o witli Englilh and Weft India goods, and re- ^^\ ^"^'"•i turned with corn and pork. The manufac- ms. ture of iron within the Province, which had been fet up by the late Lieutenant Governor AVentvv'^orth, and other gentlemen, lay under difcouragement, for want of experienced and induftrious workmen. The woollen manu- faclure was diminiihed, and fheep were fcarc- er than formerly ; the common lands on which they ufed to feed, being fenced in by the proprietors. The manufa6lure of linen was much increafed by means of the emi- grants from Ireland, wdio were fl-iilled in that bulinefs. No improvements were made in agriculture, and the newly granted townlhips were not cultivated wath fpirit or fuccefs. There had not been any fettled Epifcopal Church in the province from the beginning, till about the year 17-32 ; when fome gen- tlemen who w^cre fond of the mode of divine 94 HISTORY OF 1735. worlliip, in the Church of England, contribu- ted to the eredion of a neat building on a commanding eminence,in Portfmouth, which they called the Queen's Chapel. Mr. Thom- linfon was greatly inftrumental of procuring them affiflance in England, toward complet- ing and furnilhing it. It was confecrated in 1734 ; and in 1736 they obtained Mr. Ar- thur Brown for their Minifter, with a falary from the fociety for propagating the goipel in foreign parts. About this time, the country was vifited with a new epidemic difeafe, which has obtain- ed the name of the tbroat dtjlemper. The general difcription of it was a fwelled throat, with white or afh-colored fpecks, an efflorefcence on the lldn, great debility of the whole fyf- Dou ufs'g ^^"^' ^'^^ ^ ftrong tendency to putridity. Its praAicai firll appearauce was in May 1735, at King- nct^LiUa* fton in New-Hampihire, an inland town, fit- ry fever. ^^^^^ q^ ^ \q^ pUiu. Thc firft perfou feized. Fitch'. was a child, who died in three days. About a NarratiTc. ^^^^ ^^^^^^ -^^ auothcr family, at the diflance of four miles, three children were fuccefTively attacked, who alfo died on the third day. It continued fpreading gradually, in that town- fhip, through the fummer, and of the firfl forty who had it none recovered. In Auguft it began to make its appearance at Exeter, lix miles north-eaftward ; and in September, at Boflon,* fifty miles fouthward, though it * On its firfl appearance in Boflon, it was fuppofcd to be no'hing more ?han a common cnld ; but when the report of the mortality m New Hatnp- fhire v.'as recffivef*, and a yoiirg man from Exeter, whofe brothf r had died of ir, was fei?.cd (October 1735) ;he houfe was ihut and guarc'cd, and a fif nrral aiarm fpread through the neighbouring towns and colonies. TJp- ^n his death, no infeAion was obferved in that houfe or neighbourhood j hot the d)ftemper appeared in other place?, which had no communication with the fick. The phyficians did not tike thc infeilion^ nor convey it to their familie?, nor their other patiints, U was therefore concluded, that NEW-HAMPSHIRE. 95 was Odober, before it reached Chefter, the 1735. neareft fettlement on the weft of Kingflon. It continued its ravages through the fucceed- ing winter and fpring, and did not difap- pear till the end of the next fummer. The oiort, who died of this pellilence, were children ; and the diftrefs, which it occafion- ed, was heightened to the moft poignant de- gree. From three to fix children were loft out of fome families ; feveral buried four in a day, and many loft their all. In fome towns, one in three, and in others one in four of the fick were carried off. In the pariili of Hampton-Falls it raged moft violently. Twenty families buried all their children. Twenty feven perfons were loft out of five families ; and more than one fixth part of the inhabitants of that place died within thir- teen months. In the whole Province, not lefs than one thoufand perfons, of whom a- bove nine hundred were under twenty years of age, fell vidims to this raging diftemper. Since the fettlement of this country fuch a mortality had not been known. It was ob- ferved, that the diftemper proved moft fatal, when plentiful evacuations, particularly bleeding, v^rere ufed ; a great proftration of ftrength being an invariable fymptom. The ^ fummer of n^5, when the ficknefs began, was unufually wet and cold, and the eaftcrly wind greatly prevailed. But it was acknowl- it wa'* not like the ftnill pox. or the pJacnc, communicable by infedion, from the Ock or from clothe. ; and -he phyficiana, h .vinjr by defire of the fsledlrntn, held a co: folratiop, fubliflicd their opinion ; trat it proceeded entirely fron ' fome occult quality in the sir ' fCeeily Atwi Letter , /Ifi it 1^, I 7361 _ Dr. Douf^lafs computes the mimher ot ^trfons V hv. h-d the cine.iipcr in Bollo-. a- 4000 ; f <\hom 114 ^iie.l, which i:< oiu in t,^. The whole oumbcr of iuhabitants >t that tim; was cftimaied at i6 ooo. 96 HISTORY OF 1735. edged to be, not ' a creature of the feafons ;' as it raged through every part of the year. Its extent is faid to have been ' from Pema- quid to Carolina ;' but with what virulence it raged, or in what meafure it proved fatal to the fouthward of New-England, does not appear. The fame diftemper has made its appear- ance at various times fmce. In 1754 and 1755, it produced a great mortality in feve- ral parts of New-Hampfliire, and the neigh- bouring parts of Maflachufetts. Since that time it has either put on a milder form, or phyficians have become better acquainted with it. The lall time of its general fpread- ing was in 1784, 5, 6 and 7. It was firft feen at Sanford in the county of York ; and thence difFufed itfelf, very flowly, through moft of the towns of New-England ; but its virulence, and the mortality which it caufed, Df. Hall were comparatively inconfiderable. ' Its re- jackfon'* c mote, or predifpofmg caufe, is one of thofe toaCijze ' myfleries in nature, w^hich baffle human ' inquiry.' NEW-HAMPSHIRE. 97 The following Tablh, drawn from an account publiftied b» Mr. Fitch, minider of Partpnouth, July 26, 1736 ; is a Bjll of Mortality for 14 months preceding. Under Between Above Abo. Abo. Abo. To. Towns. . 1 10 10 & io 20 30 40 90 tal. 99 Portfinoiuh 81 15 I 2 Dover 77 8 3 88 Hampton 37 8 I I SS Hampton- Falls 160 40 9 i 21C Exeter 105 18 4 127 NewCaaie 1 r 1 1 Gofpoit 34 2 I 37 Rye 34 10 44 Greenland 13 2 3 i8 Newington 16 5 2 I Newmarket 20 I I 22 Stretham 18 18 Kingfton 96 15 I I i>3 Durham 79 15 6 ICO Cbefter 21 139 35 4 21 984 3 I After this account was taken 'feveral other children' died of the throat diftemper. In the town cf Hampton 13 more within the year 1736. So that the whole number muil have exceeded a thoufand. In the town of Kittery, ia the County of York, died 1 22. It appears alfo, from the church records cf Hampton, that from January 1754. to July i 755, £fiy-ouc peifons died of lh« Tame diltemper, in that lowa. N 9B HISTORY OF CHAP. XVII. S^afe of parties. Controverfy ahout lines. Commifioners ap- pointed. Their feiji07t and refult, jlppeals. Cojuphints, V V E have now come to that part of the Hiftory of New-Flam pfliire, in which may be feen, operating in a fmaller fphere, the iame fpirit of intrigue which has fre- quently influenced the condu(^l of princes, and determined the fite of nations. Whilft on the one hand, we fee Maflachufetts ftifliy afferting her chartered claims ; and looking with contempt, on the fmall Province of New-Hampihire, over which flie had for- merly exercifed jurifdi6lion ; we Ihall fee, on the other hand, New-Ham pfhi re aiming at an equal rank, and contending with her for a large portion of territory ; not depending folely on argument ; but feeking her refuge in the Royal favor, and making interefl with the ier vants of the Crown. Had the controver- fy been decided by a court of law, the claims of Maflachufetts would have had as much weight as thofe of an individual, in a cafe of private property ; but the quellion being concerning a line of jurifdi(5lion, it was nat- ural to expecfl a decifion, agreeable to the rules of policy and convenience ; el'pecially where the tribunal itlelf was a party con- cerned. It mufl: be obferved, that the party in New- Hampfliire, who were fo earneftly engaged in the eilablifliment of the boundary lines, had another objed in view, to which this NEW-HAMPSHIRE. 99 was fubordinate. Their avowed intention was to finiih a long contioverfy, which had proved a fource of inconvenience to the peo- ple who refided on the difputed lands, or thole who fought an intereft in them ; but their fecret defign was to difplace Belcher, and ob- tain aGovernor v/ho fliould have no connexion with MalTachufetts. To accomplifli the prin- cipal, it was neceffary that the lubordinate object: Ihould be vigorouily purfued. The Government of New-Hamplliire, with a fala- ry of fix hundred pounds, and perquilites amounting to two hundred pounds more, equal in the whole to about eight hundred dollars per annum, was thought to be not worthy the attention of any gentleman ; but if the lines could be extended on both fides, there would be at once an increafe of territo- ry, and a profpecl of fpeculating in landed property ; and in future there would be an increafe of cultivation, and confequently of ability to fupport a Governor. The people w^ere told that the lands would be granted to them ; and by this bait they were induced to favor the plan ; whilll the miniftry in England, were flattered with the idea, of an increafe of crown influence in the plantations. The leading men in MaflTachufetts were aware of the views of thofe in New-Hamp- fliire, and determined to guard againft them. They prefumed, that a line of jurifdiaion would not aflecMi property ; and therefore en- deavored to fecure the lands to themfelves, by poflTeirion and improvement, as far as it was praaicable. The fame idea prevailed among the Governor's friends in Ncw-Hamp- ^ 100 HISTORY OF flilre. They perceived, that a tracEl of wil- dernefs on the north eaftern fide of Merri- mack River, and the ponds which flow into it, muft doubtlefs fall into New-Hampfliire. For thefe lands they petitioned the Governor, and a charter was prepared, in which this whole tracfl, called King's-Wood, was granted to them. It contained all the lands not be- fore granted, betv*^cen the bounds of New- Hampfliire on the fouth-weft and north-eafl ; which, according to the ideas of thofe con- cerned, would have been fufficient for about four large townfhips. Governor Belcher had a difficult part to a6l. He was at the head of two rival Prov- inces ; he had friends in both, who were feek- ing their own as well as the public interefl : He had enemies in both, who were w^atching him, eager to lay hold on the moft trivial miftake, and magnify it to his difad vantage. His own intereil was to preferve his commif- fion, and counteracft the machinations of his enemies ; but as the fettlcment of the line, and the removing of him from his ofhce, were carried on at the fame time, and by the fame pcrfons, it v/as difHcult for him to op- pofe the latter, without fceming to oppofe the former. Befides, Mr. Wilks, the agent of Maffachufetts, was well known to be his friend ; and when it was found neceffary to incrcafe the number, one of them was his brother, Mr. Patridge. On the other hand, Mr. Rindge and Mr, Thomlinfon were his avowed enemies. There w^as alio a difference in the mode of appointing thefe agents. Thofe of Maflachufetts were conftituted by the Council and Reprefentatives, with the Gov- NEW-HAM PS II I RE. 101 ernor's confent. Thofe of New-Hampfhlre were chofcn by the Reprefeiitatives only, the Council nonconcurring in the choice ; which, ofcourfe, could not be fanclioned by the Governor's fignature, nor by the feal of the Province. When the petition which Rindge prefented 1732. to the King, had been referred to the Board of Trade, and a copy of it given to Wilks, to be fent to his conftituents, it became neceila- ry that they ihould inftruct him. Their in- fbr actions were deilgnedly exprefied in fuch ""j's^'" °^ ambis-uous terms, that he was left to o:iiefs ^''"'^'■' r- , . ° . ,. Ill 1 r tinons and then' meanmg, and afterward blamed tor not rtprt of obferving their directions. His embarraff- yj'jje ^g_ ment on this occafion, exprefTed in his petition and counter petition, to the Board of Trade, protracted the bulinefs, and gave it a com- plexion, unfavorable to his confatuents, but extremely favorable to the defign of New- Hampfliire. To bring forward the controverfy, Parris, i*-qp the foil ci tor for the agents of New-PIamp- fhire, moved a queftion, * From what part of J^'.'J].'^'* ' Merrimack river the line fliould begin ?' ^'|S report. The Board of Trade referred this qucdion, to the Attorney and Solicitor General, who appointed a day to hear council on both fides. The council for New-Hampihire infilled, that the line ouglit to begin three miles north of the mouth of the Merrimack. The council for MalTachufetts declared, that in their opin- ion, the foliition of this queilion would not determine the controverfy, and therefore de- clined faying any thing upon it. The attor- I'-o.i ncy and folicitor reported, that ' whether this * were fo or not, they could not judge ; but 102 HISTORY OF 1734. * as the qnefllon had been referred to them, jonej. ' they were of opinion, that according to the * charter of William and Mary, the dividing * line ought to be taken, from three miles ' north of the mouth of Merrimack, where it ' runs into the fea.' Copies of this opinion i^or were given to each party ; and the Lords of Trade reportedj that the King fliould appoint June S' Commillioners, from the neighboring Provin- ces, to mark out the dividing line. This re- port was approved by the Lords of Council. Much time was fpent in references, mefTa- 17^7 ges and petitions, concerning the adjuftment of various matters ; and at length, the prin- F€b. 4&9. cipal heads of the commiflion were determin- ed. The firil was, that the commiffioners iliould be apointed, from among the Coun- fellors of New-York, New-Jerfey, Rhode-Ifl- and and Nova-Scotia. Thefe were all royal governments, except Rhode-Ifland ; and with that Colony, as well as New- York, Maflachu- fetts had a controverfy, refpecfling bounda- ries. Conneclicut, though propofed, was de- signedly omitted, becaufe it was imagined that they would be partial to MalTachufetts, from the iimilarity of their habits and inter- efts. The other points were, that twenty commiiTioners fliould be nominated, of whom five were to be a quorum ; that they flrould p,ipt(,j meet at Hampton, in New-Hampfliire, on the irief. fjyd of Auguil, 1737 ; that each Province fliould fend to the Commiffioners, at their jirji wteilng^ the names of two public officers, on whom any notice, fiunmons, or final judg- ment might be lerved ; and at the fame time fhould exhibit, in writing, a plain and full Hate of their refpeclilive claims, copies of which NEW-HAMPSHIRE. lOS fhoald be mutually exchanged ; and that if 1737. either Province Ihould neglecl to fend in the names of their officers, or the full flate of their demands, at the time appointed, then the Commiffioners ihould proceed ex parte. That when the Commillloners iliould have made and figned their final determination, they fliould fend copies to the public officers, of each Province ; and then fliould adjourn for fix weeks, that either party might enter their appeal. Thefe points being determined ; the Board ^^''- *^' of Trade wrote letters to Belcher, enclofmg the heads of the propofed commiiTion, and di- reding him to recommend to the AfTemblies of each Province, to choofe their public offi- cers, and prepare their demands, by the time when the Commiilioners were to meet. Thefe were accompanied with letters to the Gover- nors of the feveral Provinces, from which the Commiffioners were eledled, informing them of their appointment. The letters w^ere delivered to Parris, and by him to Thomlin- ^[^'f^Tof fon, to be fent by the firfl fliip to America, rarm. Thofe to Maffiichufetts and New-FIampfhire, were directed, the one to Mr. Belcher, by name, as Governor of MafTachufetts ; the other, to the commander in chief, refident in New-Hampfliire ; and it was required that the delivery of the letters iliould be certified by affidavit. The deiign of this fingular in- junction was, that Dunbar, if pre fent, ffiould receive the letter, and call the Affembly of New-Hampiliire immediately ; and that if Belcher ihould forbid or hinder it, the blame of the negledl ffiould fall on him. At the fame time another letter, refpeding a peti- 104 HISTORY Ol^ 1737. tion of a borderer on the line, and contain- ing a reprimand to Belcher, was lent in the fame manner, to be delivered by Dunbar, into Belcher's hands. Thefe intended af- fronts, both fiiiled of their eifecl ; Dunbar having, before the arrival of the letters, taken his palTage to England. The anxiety of Thomlinfon, to have the earlieil notice pofTible, of the intended com- miffion fent to New-Hampiliire, led him not only to forward the public letters ; but to lend copies of all the tranfadlions, to his Feb. ij. fi4ends there. In a letter to Wiggin and Original Rindgc (thecommittec who correfpoudedwitli him) he advifed them, to make the neceffary preparations, as foon as poiTible, to a6l in con- formity to the commifTion and inftrudlions ; and even went fo far as to nominate the per- fons, whom they fliould appoint, to manage their caufe before the CommiiTioners. ;viar!h i8. Thefe papers were communicated to the AfFembly, at their feffion in I\4arch ; and at the fame time the Governor laid before them^ a copy of the report of the Board of Trade, in favor of a commiilion, which had been made in the preceding December. In con- fequence of which, the AiTembly appointed a committee of eight* who were empowered * to prepare witnelles, pleas and allegations, * papers and records, to be laid before the * Commiflioners ; to provide for their recep- "^^Td'^sc ' ^^^^^ ^^^ entertainment, and to draw upon Parted ' the Treafurer for fuch fupplies of money as * might be needful.' This appointment was » Shidracb Walton, '^ AwUew W[^?,iv,^ George Jiff, ey, f Of the JnhiiRidc (Of the J'thaoj Odiorre, f C>>uncil. Tboma- P ick r, f Houfc. Theodore Atkiiifon. J James Jaffrej. J April 1. brief. NEW-HAMPSHIRE. 105 made by the luiiLed voice of the Council and 1737. Reprefentativcs, and confented to by the Governor j and though it was made, three weeks before the receptioi> of the letters, from the Lords of Trade, diretfting the appointing of public officers, and preparing a llatemenc of claims ; yet it wds underilood to be a full ■compliance with the orders and expedlations of the government in England. The fame day on which this order pafTed, the Governor prorogued the AiTembly to the fixth of July ; and on the twentieth of June liQ prorogued it again, to the foiu'th of Au- The letters refpe6ling the commiilion, were delivered to Mr. Belcher, on the twenty-fc- conc^of April J and he acknowledged the receipt of them, in a letter to the Board of Trade, on the tenth of May. The commif- iion itfelf was ilfued on the ninth of April, and fent to Mr. Rindge ; who kept it till the meeting of the Gommillioners, and then de- livered it to them. The expenie of it, amount- ing to one hundred and thirty-five poundii Iferling, was paid by the agents of New- Ham plliire. At the fpring fefTion of the General Court mav ay. ni Malfachufetts ; the Governor laid before ;;iff!,i.'biy? them the letter from the Lords of Trade, in- clofing an order from the Privy Council, and recommended to them to Hop all procellcs in law, refpe6ling any difputes of the border- ers, till the boundaries ihould be determin- ed. During the fame feiTion, he reminded them of the order, and denred them to con- fider it ; telling them that he had no advica o^ iyy\y 4. the appointment of Commillioners. His O 105 HISTORY OF 1737. meaning' was, that the commilTion itfelf, in which they were named, had not been fent to him ; nor was he ad:ually informed that it was in America, till after he had prorogued the Aflfemblies of both Provinces to the fourth of Auguft. In obedience to the royal order, >iy S' the AiTcmbly of MaiTachufetts appointed Jo- fiah Willard, Secretary, and Edward Winf- low, Sheriff of Suffolk, to be the two public ofKcers j on whom, or at whofe place of abode, any notice, fammons, or other procefs of the Commilfioners, might be ferved. Oa the day appointed eight of the Com- Auguft r. niilTioners met at Hampton.* They publiih- ed their commiflion, opened their court, chofe William Parker their clerk,and George Mitch- el furveyor. On the fame day, the Coitimit-' Ms.origi- tee of eight, who had been appointed by the ^J' J"°;j: Affembly of New-Hampfnirc, in April, ap- ^"- peared ; and delivered a paper to the court, reciting the order of the King, for the ap- pointment of two public ofhcers ; alleging that the AiTembly had not been convened iince the arrival of that order ; but, that there fliould be no failure for want of fuch officers, they appointed Richard Waldron, Secretary,, and Eleazer RuITell, Sheriff. They alio de- livered the claim and demand of New-Ham p- fhire, in the following words. ' That the * fouthern boundary of faid Province fhould * begin at the end of three miles north from S; aJ^'"' * the middle of the channel of Merrimack Maflachu. t j-iver, where it runs into the Atlantic Ocean : fctfs Jour- ' ' • Samuel Vernon,^ ♦ WllUatn Skene PreC, nFrotn John Gardner, I From Erafmua James rhillips, > Nova- John Peter, > Rhode- ©tho Haaiikon, j S«otia. EzekicI Warner, Ifiand. Qeorge Cornel. J NEW-HAMPSHIRE. iOl < and from tlience ihould run, on a ftraight 1737* * line, weft, tip into the main land (toward < the fouth fea) until it meets his Majefty's < other governments. And that the northern * boundary of New-Hampftiire fliould begin < at the entrance of Pifcataqua harbour, and < fo pafs up the fame, into the river of New- 'ichwanock, and through the fame, uito ^ the fartheft head thereof ; and from thence * northweftward, (that is, north, lefs than a < quarter of a point, weftwardly) as far as the « Britiih dominion extends ; and alfo the weft- < ern half of the lOes of Shoals, we fay, lies * within the Province of New-Hanipilnre. The fame day, Thomas Berry and Benja- min Lynde, Counfellors of Maffachufetts, ap- peared and delivered the Vote of their Affem- bly, appointing two public officers, with a letter from the Secretary, by order of the Governor, purporting, that ' at the lad rifing * of the AfTemblv there was no account that any ' commiffion had arrived ; that the AfTembly ' ftood prorogued to the fourth of Augufl ; * that a committee had been appointed, to « draw up a ftate of their demands, which « would be reported at the next feffion, and ' therefore praying that this fliort delay might * not operate to their difadvantage.* Upon , this, the committee of New-Hampfhire drew ^^^^^ ^^ up and prefented another paper, charging the government of Maffachufetts with ' great ' backwardnefs, and averfion to any meaiures, ' which had a tendency to the fettlement ot *this long fabfifting controverfy ; ^^d alfo ^^ ^_^ ' charging their agent, in England, with hav- ^^^^ * ing ufed all imaginable artifices, to delay ' the ifllie ; for which reafon, tlie a^ent of 108 HISTORY OF 1737, * New-Hampflilre had petitioned the King, * to give directions, that each party might be * fully prepared, to give in a ftate of their de- ' niands, at thejirjl meeting of the Commilhon- * ers ; v/hich dirediion they had faithfully * obferved, to the utmoft of their power ; and * as the AfTembly of MafTachufetts had made * no feafonable preparation, they did, in be- * half of New-Hampihire, except and proteft ' againll any claim or evidence being receiv- * ed from them, and pray the court to proceed ' ex parte^ agreeably to the commiirion.' It v^as alleged in favor of Mailachufetts, that by the firll meeting of the Commiflion- ers could not be meant the iirft day, but the firfl felTion. The court undcrlloocl the word in this fenfe, and refolved, that Maffachuietts ihould be allovred time, till the eighth of Au- guif , and no longer, to bring in their claims ; and that if they Ihould fail, the court would proceed /fA'^^r/^. The Court then adjourned to the eighth day. Ar.gaft 4. Thc Aifcmbly of New-Hampfliire met on the fourth ; and the Secretary, by the Gov- ernor's order, prorogued them to the tenth, then to meet at Hampton-Falls. On the fame M3fr>chvi- ^^^y-» the Allembly of MafTachufetts met at fett»Air-Ti. Boilon ; and after they had received the re- port of the committee, who had drawn up their claim, and difpatched exprelTes to New- York and New-Jerfey, to expedite the other Commillioners ; and appointed a committee to fupport their claims ;*" the Governor ad- * This c^mmi'tee confided of Eamtind Qu'ncy, William Dudley, Sam- uel VVil;f'-^ Thomai Beriy^ ntid Bfrjamin Lynde^ of rhe Council ; and Elisha Co- ke rhon7a» Cufliin^, Job Almyj Henry Roife^ and Naf^^^aii- iel Feafltc^ ot rhe Houfe, Corlcc died whi^c th/* Comminii->Der^ wtre fit- ting, lie had been employed on the fame affair at Newbury io 173?^ bty Records NEW-HAMPSHIRE. 109 journed them, to the tenth day, then to nrkeet 1 737- at Salilbury. 'Thus the AlTemblies of both Provinces were drawn within five miles of each other ; and the Governor decLired, in his fpeech, that he would ' ac!^ as a common ' father to both.' The chiim of MafTachufetts being prepared, ^u,uj^ g^ WRS deUvered to the Court, on the day ap- pointed. After reciting their grant and char- ters and the judicial determination in 1677, they alTerted their ' claim and demand, fkill to hold and pofTefs, by a boundary line, on lTo7&! the foutherly fide of New-Harnpihire, be- ginning at the fea, three Englilh miles north from the Black Rocks, fo called, at the mouth of the river Merrimack, as it emptied itfelf into the fea fixty years ago ; thence run- ning parallel with the river, as far north- ward as the crotch or parting of the river ; thence due north, as far as a certain tree, commonly known for more than feventy years pall, by the name of Endicot*s tree ; llanding three miles northward of faid crotch or parting of Merrimack river ; and thence, due well to the South Sea ; which (they faid) they were able to prove, by ancient and in- contellible evidence, were the bounds inten- ded, granted, and adjudged to them ; and they infifted on the grant and fettlement as above faid, to be conclufive and irrefragable. ' On the northerly fide of New-Hamplhire, they claimed a boundary line, beginning at the entrance of Pifcatacjua harbour ; palling and it wss by hi' mfans th^t the bufinefs was then ohftrutfJcJ. In rcfer« nr» tn this, Btlchtr in a privatr letter fiy*, ' Generation* to come will .ife up and Ci'l him cursed.' Oi account 'f Conke's death an J th- ab- fence of anoihcT tnember, th:y appointed John Read and Robert Auchmu- ty. Augufl 13. 110 HISTORY OF 1737. * up the fame, to tlie river Newichwanock 5 | ' through that to the fartheffc head thereof, * ' and from thence a due north weft line, till ' one hundred and twenty miles from the ' mouth of Pifcataqua harbour be finillied.' The Court ordered copies of the claims of each Province, to be drawn and exchanged ; and having appointed Benjamin Rolfe of Bof- ton, an additional Clerk, th-.y adjourned to the tenth day of the month. Aagua 10. On that day both AiTemblies met at the appointed places. A cavalcade was formed from Bofton to Salifbury,and the Governor rode in (late, attended by a troop of horfe.* He was met at Newbury ferry by another troop ; who, joined by three more at the fup- pofed divifional line, condudled him to the George Tavern, at Hampton-Falls ; where he held a Council and made a fpeech to the AflTembly of New-Hamplhire. Whilft both AiTemblies were in feffion ; the Governor, with a felecl company, made an excurfion, of three days, to the falls of Amufkeag ; an ac- count of which v/as publiihed in the papers, and concluded in the following manner : ^^^^^ ' His Excellency v/as much pleafed with the Weekly « fine foil of Chefter, the extraordinary im- terriug*!^ ' provements at Derry, and the mighty falls ^- ' at Skeag.' • This prnccffion occnfioned the fclbwing pafquinade, in an affumed Hibernian ftyle. « Dear Pa<^(iy, yna ne'er did behold fuch a fighr, A« yefterday morning wss fcen before niKht. You in si! your born days law, nor I didu'c neither. So niaiiy Gne hcrfcs and tren ride together. At the head, the lower houfe trotted two in a row, Then all ihc hiphrr houfe prarcM alter the low ; Then the Governor's coach galiop'd on like the wind, And the la ft that came forcn-ofl were troopers behind ; But I fear i; means no gooti^ to your neck nor mine ; For thjj- fsy 'cis :o fix a righ: pUce for the line.' Colledlioa of PscnaS; p. 54 TsTBVV-HAMPSHIRE. ^ 111 In the fpeech, which the Governor made 1737, to the Allembly of New-Ham pfhire, he re- com.neaded to them to appoint two officers, agreeably to his Majefty's commilTion. The Ail'einbly appeared to be much furprifed at this fpeech ; and in their anfwer, fliid, that ' the committee before appointed had already Affembiy 'given in the names of two officers, which Joumaiand ' they approved of ; for had it not been done, bnej. * at the lirft meeting of the Commiffioners, * diey might have proceeded ex parted"* Confidering the temper and views of Mr, Belcher's opponents, this was rather unfortu- nate for him, fo foon after his profeffion of being ' a common father to both Provinces.' For if the committee had a right to nominate the two officers, then his recommendation was needlefs ; if they had not, it might jufl- ly be alked, why did he not call the Aflem- bly together, on the fixth of July, to which day they had been prorogued ? The ex- cufe was, that he did it, to avoid any objec- tion, which might be made to the regularity of their appointment ; and to give them an opportunity to ratify and confirm it. The truth was, that Mr. Belcher highly refented the conduct of the committee of New-Hamp- fhire, who concealed the commiffion, and never communicated it to him in form. Kad he been aware of the ufe, which his enemies might make, of his rigid adherence to forms-, when he could not but know the contents of the commiffion, and the time when it muft be executed, prudence might have did:ated a more flexible condudl. They did not fail, to make the utmoft advantage of his mi flakes. 112 HISTOllY OF 17-37. to ferve the main caufe whicli tliey had in view. The exprelTcs which were fent by MafTa- chiifetts, to call the other Commiflioners, had DO other efFecft than to add to the number, Philip Livingftone, from New- York ; wlio, being fenior in nomination, prefided in the Court. To prevent the delay, which would una- voidably attend the taking of plans from ac- tual furveys ; the Commiilioners recom- mended, to both AfTemblies, to agree upon a plan, by which the pretenfions of each Prov- ince fliould be underflood ; but as this could not be done, a plan drawn by Mitchel was accepted, and when their refult was made this plan was annexed to it. They then pro- -ceeded to hear the anfwers, which each party made, to the demands of the other, and to examine witneiTes on both fides. Neither party was willing to admit the evidence, pro- duced by the other, and mutual exceptions and protefts were entered. The points in debate were, whether Merrimack river, at that time, emptied itfelf into the fea, at the iame place where it did fixty years before ? Whether it bore the fame name, from th« lea, up to the crotch ? and whether it were pollible to draw a parallel line, three miles northward, of every part of a river ; the courfe of which was, in fome places, from, north to fouth ? With ref pefl to the boundary line, between New-Hampihire and Maine ; the controvert- ed points were, whether it fhould run up the middle of the river, or on its north-eaflern Ihore 5 and whether the line, from the head NEW-HAMPSHIRE. 113 of the river, iliovild be due north-weft, or on- 17<37. ly a few degrees wellward of north. The grand point on wliich the v/hohi con- troverfy refpeding the foatheni line turned, was, whether the cha.rter ot WilJiain and Mary granted to IVIairachuferrs, all the lands which were granted, by tb.e charter of Chai les the iiril ? On this qaeilion, the Comniif- fioners did not come to any concluiioa. Rea- foas of policy might have fome weight, to render them indeciiive ; but, whether it were really fo or not, they made and pronounced their refult in the following words. In ' pur- ^'-p^- 2- fuance of his Majefly's commifiion, the ms copy. Court took under confideration, the eviden- ces, pleas, and allegations offered and made ■.'•"fl-!e),u- by each party ; and upon mature advife- f^!,'4i'^^" ment on the whole, a doubt arofe in point 35. of law ; and the Court thereupon came to the following refolution. That if the char- ter of King V/illiam and Queen Mary, grants to the Province of MaiTachufetts Eay, all the lands granted by the charter of King Charles the fn-il, Ivinr.^ to the northward of Merrimack river ; then the Court adjudge and determine, that a line fhall run, paral- lel with the fiid river, at the diftance of three ' Englifli miles, Qortli from the mouth of the faid river, beginning at the foutherly fide of the Black Rocks, fo called, at low water mark and from thence to run to the crotch, where the rivers of Pemigewaifet and Win- ipifeogee meet j and from thence due north three miles, and from thence due well, to- ward the fo uth fea, until it meets with his Majefly's other governments ; which fliall be the boundary or dividing line, between P 114 ftrSTORY OF 1737. ' the faid Provinces of Mallachuietts and * New-Hampfliire,on that fide. But, if other- * wife, then the Court adjudge and determine, ' that a line on the foutherly fide of New- ' Hampfhire, beginning at the diftance of ^ three miles north, from the foutherly fide of * the Black Rocks afo refill d, at low water * mark, and from thence running due well, * up into the main land, toward the fouth * fea, until it meets with his Majefhy's other * governments, fhall be the boundary line be- ® tween the faid Provinces^, on the fide afore- * faid : Which point in doubt, the Court hum- * bly fubmit, to the wife confideration of his * mod facred Majefty, in his Privy Council ; ' to be determined according to his royal will ' and pleafure. ' As to the northern boundary, between ^ the faid Provinces, the Court refolve and de- * termine ; that the dividing line fliall pafs * through the mauth of Pifcataqua harbour, * and up the middle of the river of Newich- * wanock, (part of which is now called Sal- * mon-Falls) and through the middle of the * fame, to the fartheft head thereof, and from * thence north, two degrees w^eflerly, until * one hundred and twenty miles be finillied, ' from the mouth of Pifcataqua harbour afore- ' faid ; or until it meets w4th his Majefty's * other governments. And, that the dividing * line Ihall part the Ifles of Shoals, and run * through the middle of the harbour, between * the iflands, to the fea, on the foutherly fide ; * and that the fouthwefterly part of faid ifl- ' ands {hall lie in, and be accounted part of, * the Province of New-Hampfhire ; and that * the north-eafterly part thereof fhall lie in. NEWrllAMPSUIRE. 115 * and be accounted part of, the Province of 1737. * MaOachuletts Bay ; and be held and enjoy- * ed by the faid Provinces refpeaively, in the * fame manner as they now do, and have here- ' toforc held and enjoyed the fame. * And the Court do further adjudge, that " the 4:0ft and charge arifmg by talking out * the Commiirion, and alfo of the Commif- * fioners and their officers, viz. the two Clerks, ' Surveyor and \Vaiter,for their travelling ex- * penfes, and attendance in the execution of the ' fame,be equally borne by the faid Provinces.' Thus this long depending queftion, after ■all the time, expenfe and argument, which it had occafioned, remained undecided. When this evafive decree was publifhed, the Commiflioners adjourned, to the four- teenth of Odober, to receive appeals ; and the fame day, the Governor, at the requeft of the Council only, adjourned the AlTembly of New-Hampfhire to the twelfth of Oaober. By this fndden adjournment, it was impoffi- •ble for them to obtain a copy of the decree, before their difperfioa, or to frame an appeal, till two days before the time, when it muft have been prefented. The Affembly of Maf- fachufetts continued their fefTion, at Salifbu- ry, five days longer. On the fifth of Sep- tember, they obtained copies of the royal CommifTion, and the decree of the Commif- fioners, which they entered on their journal On the fixth, they agreed upon an appeal ; and on the feventh, at the united requeft of both Houfes, the Governor adjourned them to the 12th of Oaober. The fndden adjournment of the Affembly of New-Hampfhire, when that of Maffachu- 116 HISTORY or 1737. fett? continued their feffion, was unfortunate tor '...^overaor Beiclier ; and gave his oppo- nents another advantage, to purfue their grand „ . . defi^n aeainft him. The reafons afTiened brief. for it were, that the report of the Comniif- ii oners being fpecial, the whole matter would of courfe come before the King, without any appeal from either Province. For this rea- fon, a majority of the Council were againfl an appeal. That as the committee, appointed in April, had the fame power to a6l in the recejfs, as in the feilion of the Allembly ; and, as the Council were againft appealing ; fo the appeal could not be made, by the whole AfFembly, and therefore the Governor thought, that the belt fervice which he could d!o to the Province, was to adjourn the AfFem- bly, and leave the whole bulinefs in the hands of the committee. With refped: to the fhort time, between the 12th and 14th of Odlober, it was obferved, that the claim of New-Hamp- fiiire was contained in a few lines, and their exceptions to the judgment of the Commil- fioncrs might be prepared in a quarter of au hcur. Both Affemblies rnet again, in the fame places, at the appointed time. The Repre- fentatives of New-Hampiliire having, by the help of their committee, in the recefs of the Alfembly, obtained the papers, framed their excepcions and fent a melfage, to know if the Council were fitting ; but the Council be- ing determined againft an appeal, had met and adjourned, without doing any bufinefs. The Houfe therefore was reduced to the ne- ceffity of deflring the Commifhoners to receive their appeal, without the concurrence of the Oft. 13. NEW-HAMPSHIRE. 117 Governor and Council. The appeal, from 1737. the Aliembly of MafTichufetts, was prefented in due form, authenticated by the Speaker, Secretary and Governor. Their committee entered a proteft againft the appeal of Ncw- Hampihire, becaufe it was not an a(5l of the whole Legillature ; neverthelefs, the Com- miihoaers received it, and entered it on their minutes. Having received thefe appeals, the Commiifioners adjourned their Court to the firft of Aagull: in the next year, but they nev- er met again. The Affembly of MafTaclmfetts appointed ^ Edmund Quincy and Richard Partridge fctts j<,ur- Agcnts,to join with Francis Wilks, their form- J^^^,^,y^'* er agent, in the profecution of their appeal before the King ; and raifed the fum of two thoufand pounds iterling, to defray the ex- penfe. When the Reprefentatives of New-Hamp- fliire propofed the railing of money, to profe- p^.^^^^ cute their appeal, the Council nonconcurred 'y^^ku the vote. Their reafons were, that the ap- peal was not an adl of the Council ; that they had no voice in the appointment of the agent ; and, that at the beginning of the affair, the Houfe had declared to the Council, that the expenfe of it would be defrayed by private fubfcription. At this feffion of the MafTachufetts Affem- bly, Mr. Belcher put them in mind that he had fuffered in his intereft, by the continual- ly linking value of their bills of credit, in which his falary was paid ; a point which Hutchinfoa he had, often before, urged them to coniider. "• 390. In anfwer to this meffage, they made him a grant of ^333,6,8, in bills of the new tenor. oaTQ.' -il8 HISTORY Of 173t. The fame day, they made a grant of the like fum, to the Prefident of Harvard College. Both thefe fums appear to have been juftly due ; and at any other time, no exception •could have been made to either. But, be- caufe the grant to the Governor happened to be made, at the fame time with the grant of ^2000 llerling to the agents, his opponents pretended, that he received it as a bribe, from the AlTembly of MafTachufetts, for favoring their caufe. The appeal of New-Hampihire, from the MZ5. judgment of the Commiffioners, v^as found- ed on the following reafons. With refpedl to the foutherly line ; becaufe it made the Black Rocks, lying in a bay of Merrimack river, the point from which the three miles were to be meafured ; which point was three quarters of a mile north of the river's mouth ; and, becaufe a line, parallel with the riverj was not only impra6licable, but founded on the old charter^ which had been vacated ; and, if practicable, yet ought not to go farther than the river held a weilerly courfe. With refpedl to the northern boundary, they ob- jecfted to that part of the judgment only, which dire6led the line to run up the middle of the river ; alleging that the grant to Gor- ges was only of land, between that river and Kennebec ; and that New-Hampihire had al- ways been in pofleilion of the whole river, and had maintained a fortrefs which com- manded its entrance. The appeal of MafTachufetts was grounded on the following reafons. That by the char- ter of William and Mary, the old Colony of MaiTachufetts was re-incorporated without NEW~HAMPSnrRE. 119 any exception ; that this charter empowered 1737, the Governor and General AfTembly to grant all lands, comprehended in the old Colony ; that the committee of New-HampOiire ac- knowledged, that New-Hampfhire lay with- .out the late Colony of Mallachufetts, by de- claring that it was between that and the Prov- ince of Maine ; chat the weft line, claimed by New-Hamplliire, would crofs Merrimack riv- er, thirty miles from its mouth, and exclude forty miles of faid river outof MalTachufetts, though declared, by both charters, to be in it. They objC(fled to extending the line of New-Hampfhire till it fi^ould meet with his Majefty's other governments ; becaufe accord- ing to Maforis grant y New-Mampfhire could extend no fiU'ther than fixty miles from the fea. With refpecfl to the northern boundary, they objected to a line north, two degrees wellwardly, alleging that it ought to be on the northwell point ; they alfo excepted to the protraction of this line, till it fliould meet with his Majeily's other governments ; al- leging that it ought to extend no farther than one hundred and twenty miles, the fixed lim- its of the Province of Maine. It was unfortunate for MafTachufetts that their committee had brought Mafon's grant, in evidence to the ComLmilfioners, and again recited it in their appeal ; for a line of fixty miles from the fea would crofs Merrimack river, long before the fimilar curve line, for which they contended, could be completed. Befides, Mafon's grant extended to Naum- keag ; wdiich was much further fouthward, than they would have been willing to admit. It may feem curious and unaccountable to 120 . HISTORY OF 1737. moll readers, that tlie CommilTioners fliould determine the northern, or raclier eafliern bounds of the northern part of New-Hamp- fliire, to be a line drawn ?iortb^ two degrees njoejlei'lyy from the head of Salmon-fall River ; when the exprefs words of Gorges' patent- are ' north weilward.' The assents for Maf- fo*" n^''^'8 ^^.chnfetts, when this claim was put in by New-Plampfliire, could hardly think it was feriouily meant, when it was alleged that by northweilward mull be underfluod, north a little weflward. The only ollenfible reafon, MSmin- given for this conftrucftion was, that if a comtoif. northwefl line had been intended, then a fioncrs. foutheaft line, drawn from the mouth of the harbour, would leave all the liles of Shoals in New-Hamplhire ; whereas, the dividing line runs between them. On the other f.'de, it inight have been faid, with equal proprie- ty, that a line drawn fouth, two degrees eafl, from the mouth of the harbour, would leave all thefe iilands in Maflachufetts, ' For the point where the iilands are divided bears fouth, twenty-nine degrees eail:, from the @i>ferved middle of the harbour's mouth ; the varia- ^'^*" tion of the needle being fix degrees weft. When this affair was again agitated in England, the agents of Maffachufetts obtain- ed a certificate from the learned Dr. Hal ley, that a line north weftward ought to run for- ty-five degrees weftward of the north point. This was demonftratively true ; but there were political reafons for diflenting from mathematical demonftration. One of them is thus expreffed, in a private letter, from a committee of the Aftemblv, to their aeent Thomlinfon. * We hope that the northern NEW-HAMPSIIIRE. 121 * line will be but a few degrees to the weftward 1737. * of north, that his Majefty's Province may in- ' elude the greatefl number, and befl maft ' trees for the royal navy.' Though this thought might never have occurred to a mathematician, yet fome of the commiffion- ers were doubtlefs acquainted with it ; and it was too important, not to have been com- municated to the King's miniflers. Anoth- er political reafon of dilfent was, that by en- larging New-Hampfhire, there would be a better profpedl of obtaining a diifind: Gov- ernor which was the grand objecfl in view. The new agent of Mafilichufetts, Edmund 1738. Quincy, died of the fmall pox, foon after iiis arrival in London. The affair was then left in the hands of Wilks and Partridge, neither of whom underftood fo much of the contro- verfy as Thomlinfon ; who was alfo far fu- perior to them in addrefs. In his letters, to his friends in New-Hampfhire, he frequently blames them for their negligence, in not fending to him the neceffary papers in proper feafon ; and when fent, for the want of cor- redlnefs and regularity in them. But their deficiency was abundantly compenfated by the dexterity of his folicitor,Parris ; who drew up a long ' petition of appeal ;' in which, all the circumftances, attending the whole tranf- adlion, from the beginning, were recited, and colored, in fuch a manner, as to afperfe the Governor and Allembly of ' the vaft, opulent, * overgrown Province of MafTachufetts ;* while ' the poor, little, loyal, diftrefTed Prov- * ince of New-Hampfliire' v;as reprefented as ready to be devoured, and the kings own property and poiTeflions fwallowed up, by Q 123 HISTORY or 1738. die boiindlefs rapacity of the charter govern-' ment. Concerning the manner in which thig mailcrly philippic was framed, and the prin- cipal obj eel at which it was directed, there can be no better evidence, than that which is contained in a letter, written by Parris to Thomlinfon, and by him fent to New-Hamp- ihire. * Two nights ago, I received a heap * of papers from yon, about the lines ; and Feb. 4' < have been four times to the Colony Office, * and Board of Trade, to difcover what I could ' in this imperfetft affair ; but cannot fee the ' cafe, till after Tuefday next. Notwithftand- ' ing which, I have, as vv'-eli as I can, without ^ p7'oper materials^ drawn up a long petition ' of appeal, to his Majefty ; and as the MaiFa- * chu.fetts have not yet prefented theirs, I {^xi.^ * you the draught of it, and hope we fhall ' have our appeal, as well as the petition, * from the New-Hampihire AfTembly, in, be- * fore the MaiTachufetts get theirs in. Had * your principals coniidered the great confe- * quence of being firil, furely, in all this time, * they would have fent you a copy of their ' proceedings, in order to have enabled us to * be firll ; but, as it is, I am forced to guefs at ' matters, and affinnfafls at advaiture^ or upon * dubious palTages in letters ; which is a fad way * of proceeding, and I wiih we do not miflake * fome fa(5ts. They oblige us to make brick * without ftraw. Above all, why did they ' not fend a copy of their own appeal ? * For want of it, I have been forced to guefs ' what that appeal was, from loofe pafTages in * Mr. A's letters. Beg them, immediately to * order, an exadl copy to be made of all their ' votes, from March to Odlober laft. Had NEW-HAMPSHIRE. 123 * thefe votes come over regularly and anthen- 1738. * tically, his Excellency would have been ^-Jhaken quite down^ in a few weeks by them. i ' You'll obferve, I have laid it 07i him pretty < handfomely, in my petition to the King.'* Thus the petition of appeal became a peti- tion of complaint, againft the Governor and Affembly of MafTachufetts. Copies were de- livered to their agents, and the Governor was ordered to make anfwer to the allegations againft him. At the fame time, Thomlinlbn advifed his friends in New-Hamplhire, to prepare their proofs, as fdcntly as pofTible ; and by no means to give any^ offence to the'^Jcm^n- Governor ; alTuring them of the favorable kueis. difpofition of feverai Lords of the Privy Coiincil, as well as the Board of Trade, to- ward their caufe ; and that they had need to be in no pain, about the event. The death of Mr. Ouincy at this critical period, and the length of time neceffary to > prepare and fend over anfwers, to the com- , plaint which Parris had thus artfully drawn up, obliged the agents of Mailachufetts to fuf- pend the prefenting of their appeal for fever- ai months. • This petition is printed at larp«, ia the Journal of the Maffachnfctti Afftmbly for 1738, with their vindication annexed, in which thejr cali the pttitioD ' a chain cf blucdcriug; if not naliciou* falfchoods." r 124^ HISTORY or CHAP. XVIII. Revival of Mason's claim. Accufations againjl Belcbsk, nal and forged. Royal cenfurs. Final efiahltjhment of the lines. Hutchinson's agency. Spanijh war. Bf.lcbr-r^s zeal and fidelity . His removal. Examination of hit cbara6ler» I HE fpirit of intrigue was not confined to New-Hampfliire ; for the poli- ticians of Maffachufetts, by bringing into view the long dormant claim of Mafon, had another game to play, befides proving the faiall extent of New-Hampfliire. They per- ceived that the line, whether fettled accord- ing to their own demand or that of New- Hampfhire, would cut off a confiderable part of feveral of their townfliips ; and though they had, by their agent, obtained a promife, that private property ihould not be aitec^ed by the line of jurifdidion, yet they thought it befl to have fomc other fecurity. For what reafon the government of Maf- fachufetts did not purchafe the Province of New-Hampfhire, from Robert Mafon, at the fame time (1677) that they purchafed the province of Maine, from the heirs of Gor- ges, we are not now able precifely to deter- mine. It is probable that the purchafe might sef Vol I. then have been ealily made, and much con- ^' " ' troverfy prevented. When it was fold, by John and Robert Mafon, to Samuel Allen (1691) the bargain was made in England j and the lands were, by fidtion of law, fuppofed to be there ;* by which means, the procefs * In thf rroces3 bv wh;ch tJ e enfail wag then docked^ the fituation of she lards if fxpfcflld in tbrfc words. 'In Nfw.Hampfliire, MaiP, Maforia, Laconia, Mafon -hall and Ma- f riaaa, in New-Englasd, in Aioerica, in the parish of Greenwich.' MS in Proprjeciry Office. NEW-HAMPSHIRJS. 125 relpecling the fine and recovery was carried on in the Court of King's bench. During the lives of the two Mafons, no notice was taken of the fuppofed flaw ; and the fale to Allen was not difputed. The brothers re- turned to America. John the elder, died without ifTue. Robert married in New- England, and had a fon ; who, after the death of his father, conceived hopes of invalidating Allen's purchafe, and regaining his paternal inheritance ; which it was fuppofed could not have been transferred by his father and un- cle, for any longer term, than their own lives. It was alio faid that the iitftion, by wdiich the lands were defcribed, to be within the j urifdicf ion of the Courts of Weftminrter Hall, rendered the proceedings void ; and therefore that the entail was ftill good. Filled with thefe ideas, he made ftrenuous exertions, to acquire money, to ailill him in realizing his expedlations ; but died in the midft of his days, at the Havanna, whither he had made a voyage (1715.; with this view. His eldeft fon, John Tuf- ton, was bred to a mechanical employ- ment in Boif on ; and came of age, about the time in which the controverfy between the two Provinces was in agitation. He inher- ited the enterprifmg fpirit of his ancellors, and the public controverfy called his atten- tion to his intereil. On this young man, 17^8. the polticians caft their eyes ; and having confulted council on the validity of his claim, and the defecft of the transfer ; they encouraged him to hope, tliat this was the ms copy moil favorable time to aflert his preten- «f^7'^'': lions. Had they purchafed his claim at n...ty'.o. once ; they might doubtlefs have obtained niiionii 1^6 nntoRt OF 1738- it for a trifle, tind have greatly embaiTalled the views of their antagonifts. Inflead of fach a ifroke of liberal policy, tliey treated with him, concerning the release all of thofe lands, in Saliibury, Amefbury, Haverhill, Methueii and Dracut, which the line wotild cut off; and, for five hundred pounds cur- rency, obtained a qnit-claim of twenty-three thonfand fix hundred and feventy-five acres, TkI- i They alfo admitted his memorial to the Af- fembly; in which he reprefented to them, Aje£S)iy. that his Intereil might probably be afFe«ft- ed, by the final determination of the line, txiid praying that the Province v?ould be at the expenfe of his voyage to England, to take proper meafures for fecuring it. To this they confented, on condition diat he iliould prove his defcent from Capt. John Mafon, the original patentee. Depoiltions were ac- Ms copies cordingly tal^en in both Provinces, to v^hicli timr'a- ^^^^" public feals were affixed ; and they put ^i-t- him under the dire<5lion of their agents, or- dering his expenfes to be paid, as long as they fliould judge his prefence in England fervicea- blo to their views. The agents ftated his cafe to their Coun- A-^ent', cil, the King's fblicitor ; and aflvcd his opin- sccfJtVtv'b ^cfii how they iliould proceed ; but he advi- oftic-r of {'(jri them, not to bring him into view, left the feu?.'~"" Lords ihould think it an artifice, intended to perplex the maincaufe. On this confideratioii, they difmiffed him from any farther atten- dance ; and paid his expenfes, amounting to above ninety pounds ilerling,* •* Mr. Hiitchlnfon, in his Hit'Jory of MEffachufet;*, has psffcd over ihir. •whole trail i,4ras gratified^ by this deference, and knew how to make his advan- tage of it. Thus, though New-Ham piliire was under a Governor diftina from that of MafTachufetts, a point which had long been contended for ; yet the difference was not fo ^reat in reality as in appearance. This was Ifu>"r a circumftance not much known at that tinie. worrh and rpj^^ advicc whicli Sliitley gave him was, in. sbmcj. g^^^g^,^!^ falutary and judicious. NEW-HAMPSHIRE. 147 The war which had been kindled' be- 1744. tween Britain and Spain, extended its flame over a great part of Europe ; and when France became involved in it, the American Colonies were more nearly interefled, be- caufe of the proximity of the French, and of the Indians, who v/ere in their intereil. War is io natural to favages, that they need but. little to excite them to it. An Indian war was a necelTary appendage of a war with France. The fcene of both was opened in Nova-Scotia. That Province had been alternately claim- ed and poflcfled by the Englifli and French for more than a century. Ever iince the peace of Utrecht it had been fubje(5l to the Crov/n of Britain, and the French In- habitants who were under a kind of patri- archal government of their priefts, and devo- ted to the French interefl, were kept in awe, partly by the fear of having their dikes dcf- ms of troyed, which they had ere61ed to prevent ^^^^ru the fea from overflowing their fields ; and partly by a Britifli garrifon at Annapolis where a Governor and Council relided. The Indian tribes maintained their native inde- pendence, though they were attached to the French by religious, as well as interefled obli- gations. Canleau, an ifland on the north- eallern part of Nova-Scotia, was in pofleflioa of the Englifli. It was reforted to by the fifliermen of New-England. It was defend- ed by a block-houfe and garrifoned by a de- tachment of troops from Annapolis. The ifland of Cape-Breton was poflefled by the French, and lay between the Englidi of Gan- feau and thofe of Newfoundland, This was 148 HISTORY OF 1744. too near a neighbourhood for enemies, efpe- cially when both were purfuing one objec^l, the fifhery. March 15. 'pj^g French at Cape-Breton having receiv- ed early intelligence of the declaration of war ; immediately refolved on the deflruc- tion of the Englilh fifhsry at Canfeau. Du- May 13. quefnel, the Governor, fent Duvivier with a few fmall armed veffels, and about nine hun- dred men, who feized and took poffefTion of the ifland, burned the houfes, and made pri- foners of the garrifon and inhabitants. This was done, before the news of war had arri- ved in New-England. It was followed by an attempt upon Piacentia, in Newfound- land, which mifcarried. An attack was alfo made upon Annapolis, the garrifon of which was reinforced by feveral companies of mi- litia and rangers from MafFachufetts, and the enemy were obliged to retire. The Indians of Nova-Scotia aflifted the French in this at- tack ; v/hich, with fome other infolencies committed by them, occalioned a declaration oa 19. of war, by the government of MafTachu- ^i8? '' ' fetts, againft them, with a premium for fcalps and prifoners. Thefe proceedings of the French were rafli and precepitate. They were not prepared for extenfive operations ; nor had they any orders from their Court to undertake them. What they had done, fcrved to irritate and alarm the neighbouring Englifli Colonies, and Ihew them their danger in the moft con- fpicuous manner. Their fea coail, naviga- tion and fiihery lay expofed to continual in- fults. Their frontier fettlements on the weftern fide were but eighty miles diflant NEW-HAMPSHIRE. 149 from the French fort on Lake Champlain. 1744. The Indians who lay between them, had not yet taken np the hatchet ; but it was expell- ed that encouragement would be given them by the Governor of Canada, to infult the frontiers. Several nev/ fettlements were wholly broken up ; and many of the wo- men and children of other frontier places retired to the old towns for fecurity. In the autumn, Duquefnel the French Pnncc and Governor of Cape-Breton, died, and was fuc- ^°"^ ceeded in the command by Duchambon, who had not fo good a military charadler. Du- vivier went to France to folicit a force to car- ry on the war in Nova-Scotia in the enfuing fpring. The ftoreihips, expected from France at Cape-Breton, came on the coaft fo late in the fall ; and the winter there fet in fo early and fierce, as to keep them out of port, and drive them otTto the Weft-Indies. The cap- tive garrifon of Canfeau, with other prifon- ers, vA\o had been taken at fca, and carried into Louifburg, w^ere fent to Bofton. From them, as well as from other informants. Gov- ernor Shirley obtained fuch intelligence of the ftatc of that ifland and fortrefs, as in- duced him to form the project of attacking iL But before we open this romantic and haz- ardous fcene, it is neceflkry to give fome ac- count of the place which was to be the thea- tre of operations. The Ifland of Cape-Breton, fo denominat- ed from one of its capes, lies between the "*''''''"'" forty-fifth and forty-feventh degrees ot' north latitude ; at the diliance of fifteen league;^ from Cape Ray, the fouthweftern extremity ©f Newfoundland. It is feparated trom tlie 150 HISTORY or 1744. main land of Nova-Scotia by a narrow (Irait, fix leagues in length, the navigation of which is fafe for a fhip of forty guns. The great- efl: length of the ifland, from north-eaft to fouth-v/efl is about fifty leagues and its great- efl breadth thirty-three. It is about eighty- eight leagues in circuit as feamen ellimate MS rf sjr diitanccs. Its eeneral form is triane-ular, but William ... ^ o > Ptppei£i5. It is indented by many deep bays. The foil of this ifland is by no means in- viting. It is either rocky and mountainous, or elfe cold and boggy ; and much iefs ca- pable of improvement than Nova-Scotia. Its only valuable produ«flions are of the fofill kind J pit-coal and pi after. Its atmofphere in the fpring and fummer is an almoft contin- ual fog, which prevents the rays of the fun from perfe(5ling vegetation. Its winter is fe- vere and of long continuance ; and as the ifland forms an eddy to the current which fets through the gulf of St. JLawrence, its harbours are filled with large quantities of Trade by floating ice, with which its fhores are inviron- ^"iS^j"!'* e^ ^1^^ ^^te in the fpring. Much has been faid by French and Eng- lifli writers on the great importance and ad- vantage of this ifland, and fome political and temporary purpofes were doubtlefs to be an- fwered by fuch publications ; but in fa6l the only real importance of Cape-Breton Vv-as de- rived from its central fituation, and the con- venience of its ports. On the north and weft fides it is fteep and inacccfiible ; but the foutheaftern fide is full of fine bays and har- bours, capable of receiving and fecuring ihips of any burden ; and, being fituated between Canada, France and the Weft-Indies, it wa* NEW-HAMPSHIPvS. 151 extremely favorable to the French commerce. 1744. It was not fo good a flation for the fiihery as feveral parts of Nova-Scotia and Newfound- land. The greater part of the French fi{l:iery was profecuted elfewhere ; and they could „ , . , buy fifli at Canfeau, cheaper than they could cure it at Cape-Breton. Whilfl the French held pofleflion of the coafts of Nova-Scotia and Newfoundland, this ifland was neglecfled ; but after they had ceded thcfe places to the Crown of England, and the Crown of England had ceded this ifland to them bv the treaty of Utrecht ( 1713) ^^ , . they began to lee its vaiue. Initeaa or giv- oouguf?, ing fo much attention to the fur trade of p"',^^^^ Canada, as they had before done, they con- templated building a fortified town on this ifland, as a fecurity to their navigation and fifliery. For this purpofe they chofe a fine harbour on the fouth-eaft fide of the ifland, formerly called Englifli harbour ; where they eredled their fortifications, and called the place Louifbourg. The harbour of Louifbourg lies in lati- tude 45° 55' ; its entrance is about four hun- dred yards wide. The anchorage is uniformly fafe, and fliips may run afliore on a foft muddy bottom. The depth of water at the entrance is from nine to twelve fathoms. The harbour lies open to the fouth-eaft. Upon a neck of land on the fouth fide of the harbour was built the towm, two miles and a quarter in circumference ; fortified in every accefiible part with a rampart of ftone, from tliirty to thirty-fix feet high, and a ditch eighty feet wide. A fpace of about two hun- ^^'^^ ^'^ ' dred yards was left without a rampart, on 152 HISTORY OF 1744. the fide next to the fea j it was enclofed by a liniple dike and a line of pickets. The lea was fo fliallow in this place that it made only a narrow channel, inacceilible from its nume- rous reefs to any fliipping whatever. The fide fire from the baflions fecured this fpot from an attack. There were fix bailions and three batteries, containing embrafures for one hundred and forty-eight cannon, of which fixty-five only were mounted, and fixteen mortars. On an iiland at the entrance of the harbour was planted a battery of thirty cannon, carrying twenty-eight pounds fiiot ; and at the bottom of the harbour, dired:ly oppofite to the entrance, was the grand or royal battery of twenty-eight cannon, forty- tv/o pounders, and two eighteen pounders. On a high cliff, oppofite to the iiland battery, flood a light-houfe ; and within this point, at the north-eafl part of the harbour, was a careening wharf fecure from all winds, and a magazine of naval flores. The town was regularly laid out in fquares. The ftreets were broad; the houfes moftly of wood, but fome of ftone. On the t^qH fide, near the rampart, was a fpacious citadel, and a large parade ; on one fide of which were the Governor's apartments. Un- der the rampart were cafemates to receive the women and children during a fiege. The entrance of the town on the land fide was at the wefl gate, over a draw bridge, near to which was a circular battery, mounting fix- teen guns of twenty-four pounds fhot. Thefe works had been twenty-five years in building; and though not finiflied, had coft the Crown not lefs than thirty millions r NEW-HAMPSHIRE. 153 t)f livres. The place was fo ftrong as to be 1744. called * the Dunkirk of America.' It was, in peace, a fafe retreat for the fliips of France bound homeward from the Eaft and Weft-In- dies ; and in war, a fource of dillrefs to the northern Engliih Colonies ; its ficuation be- ing extremely favorable for privateers to ruin their fifliery and interrupt their coafting and foreign trade ; for which reafons, the reduc- tion of it was an objecSl as defirable to them, as that of Carthage was to the Romans. In the autumn, Shirley wrote to the Britifli ^J'.'^: ^°' mmiftry, reprefentmg the danger of an at- letters to tack on Nova-Scotia, from the French, in the wouh. ms, enfuing fpring ; and praying for fome naval aiTiftance. Thefe letters he fent by Capt. Ryal, an officer of the garrifon, which had been taken at Canfeau, who, ' from his parti- * cular knowledge of Louilbourg, and of the * great confequence of the acquifition of * Cape-Breton, and the prefervation of Nova- * Scotia, he hoped would be of confiderable * fervice to the northern Colonies, with the ' Lords of the admiralty.' Thus early did Shirley conceive and communicate to Went- worth his great defign ; and the mod prudent ftep which he took in this whole affair was to folicit help from England. His petition, fupported by that worthy officer, was fo fa- ws copy vorably received by the miniftry, that as ear- caftie'» \7C- ly as the beginning of January, orders were '"• -l*"-^' difpatched to Commodore Warren, then in the Weft-Indies, to proceed to the northward in the fpring, and employ fuch a force as might be fufficient to prote6l the northern Colonies in their trade and fiihcry, and dif- trefs the enemy ) and for this purpofe to con- U 154 HISTO-RY OF 1744. fult with Governor Shirley. Orders of the fame date were written to Shirley, inclofed to Warren, directing him to affiil the King's fliips with tranfports, men and proviiions. Thefe orders, though extremely favorable to the defign, were totally unknown in New- England, till the middle of April follovvdng, before which time the expedition was com- pletely formed. It has been faid, that a plan of this fa- Dougiafs, mons enterprife, was firfl fuggefted by Wil- Boiiai., liam Vauehan, a fon of Lieutenant Governor infon. Vaughan of New-Hamplhire, Several other perfbns have claimed the like merit. How far each one's information or advice, contrib- uted toward forining the dedgn, cannot now be determined. Vaughan was largely con- cerned in the fifliery on the eaftern coaft of Maffiichufetts. He was a man of good nn- derftanding, but of a daring, enterprifing and tenacious mind, and one who thought of no obftacles to the accomplifhment of his views. An inftance of his temerity is ftill rem.em- bered. He had equipped, at Portfmouth, a number of boats to carry on his fiiliery at Montinicus. On the day appointed for fail- ing, in the month of March, though the wind was fo boiilerous that experienced ma- riners deemed it impofTible for fuch vefTels to carry fail, he v/ent on board one, and order- ed the others to follow. One vv^as loft at the mouth of the river, the reft arrived with much difficulty, but in a fliort time, at the place of their deftination. Vaughan had not been at Louift^urg ; but had learned from fiihermen and others, fomething of the ftrength and lituation of the place ; and noth- NEW-HAMPSHIRE. 155 ing being in his view impradicable, which 1744. he had a mind to accomplilh, he conceived a delign to take the city by furprife ; and even propofed going over the walls in the win- ter on the drifts of fnow. This idea of a lurprifal forcibly flruck the mind of Shir- ley, and prevailed with him to haflen his pre- parations, before he could have any anfwer or orders from England. In the beginning of January he requefl- 1 ''^•^^ ed of the members of the General Court, that they would lay themfelves under an oath ■ of fecrefy, to receive a propofal from him, of very great importance. This was the firft requefl of the kind which had ever been made to a legiflative body in the Colonieis. They readily took the oath, and he communi- cated to them the plan which he had formed of attacking Louifbourg. The fecret was kept for fome days ; till an honell member, who performed the family devotion at his lodgings, inadvertently difcovered it by pray- ing for a blefTmg on the attempt. At the firft deliberation, the propofal was rejecfled ; but by the addrefs of the Governor and the invincible perfeverance of Vaughan, a peti- tion from the merchants concerned in the fiihery, was brought into Court, which re- vived the affair ; and it was finally carried in the affirmative by a majority of o//^ voice, in the abfence of feveral members who were J*"- ^^■ known to be againft it. Circular letters were immediately difpatchcd to all the Colonies, as far as Pennfylvania, requefting their aflif- tance, and an embargo on their ports. With one of thcfe letters, Vaughan rode ^^^ ^. exprcfs to Portfmouth, where the Alfembly 156 HISTORY OF 1745. was fitting. Governor Wentwortli imme- diately laid the matter before them, and pro- pofed a conference of the two Houfes to be held on the next day. The Houfe of Repre- fentatives having caught the enthuiiafm of Vaughan, were impatient of delay, and de- fired that it might be held immediately. It was accordingly held, and the Committee FeS. a, reported in favor of the expedition ; eilima- Printed ^-g^ ^j^g exDcnfc at four thoufand pounds, and Journal 'If ^ ^ . . this fefliorj. denred the Governor to iflue a proclamation for inlifting two hundred and fifty men, at twenty-five fliillings per month, one month's pay to be advanced ; they alfo recommended that military (lores and tranfports Ihould be provided, and that fuch preparations fholild be made as that the whole might be ready by the beginning of March. All this was in- flantly agreed to, on condition that proper methods could be found to pay the charges. This could be done in no other way than by a new emifiion of bills of credit, contrary to the letter of royal inftrudlions. But, bv the help of Shirley, a way was found to furmount this difficulty ; for on the fame day, he wrote to Wentworth, informing him Private MS that lie had, in anfwer to repeated folicita- shirky? tions, obtained a relaxation of his inflruc- tions relative to bills of credit, fo far, as to have leave to confent to fuch emifiions as the exigencies of war might require ; and advi- fing him, that confiJering the occafion, it was probable, his confenting to an emifllou would rather be approved than cenfured by his faperiors. The next day, he wrote again, air.iring him that he might fafely do it, pro- vided that the fum to be emitted, were folely NEW-HAMPSHJRE. 157 appropriated to thefervice of the expedition. 1745. He alio fent him a copy of the inftru(5lion, enjoining him to let no perfon know that he had lent it. Shirley himfelf had confented to an emilTion of fifty thoufand pounds, to be drawn in by a tax in the years 1747 and 1748. The Houfe of Reprefentatives paffed a Feb. 5. vote for an emiffion of ten thoufand pounds toward defraying the charge of the expedi- tion and farther carrying on the war, and the fupport of government ; to be drawn in by taxes in ten annual payments, to begin in 1755. The Council objected and faid, that the grant ihould be wholly appropriated to the expedition and the payments Ihould be- gin in 1751. The Houfe adhered to their vote. The Governor interpofed, and an al- tercation took place, which continued feveral days. The Governor adjourned the Ailem- bly till he could again allv Shirley's advice and receive his anfwer. At length the Houfe altered their vote, and appointed the year 1751 for drawing in the money ; augment- ing the fum to thirteen thouland pounds, and at the Governor's exprefs delire, they publicly alTured him that they * could not * find out any other way to carry on the ex- *pedition, or in any degree fliorten the pcri- • od for bringing in the money.' This was done to ferve as an apology for the Govern- or's confenting to the bill, notwithftanding he had no liberty to recede from his inRriic- tions ; and thus, the matter being compro- Pcb. 13. mifed, he gave his confent. During this tedious interval, a report was fpread, that the Houfe had rcfulcd to raife > Feb. 17. 158 HISTORY- or 1745. men and money for the expedition ; and the author of the report was fought out and call- ed to account by the Houfc for his milbeha- viour. The next day they altered their terms of inliilment, conformably to thofe offered in Maifichufetts, and by the 17th of Febru- ary, two hundred and fifty men were inlifted for the fcrvice. The perfon appointed to command the ex- pedition was William Pepperrell, Efq. of Kittery, Colonel of a regiment of militia; a merchant of unblemiihed reputation and engaging manners, extenfively known both in MaiTachufetts and New-Hampfliire, and very popular. Thefe qualities were abfolute- ly necelfary in the Commander of an army of volunteers, his own countrymen, who were to quit their domeftic connexions and employments, and engage in a hazardous en- terprife, which none of them, from the iilgh- eft to the loweft, knew how to condu6l. Pro- fefiional fliill and experience were entirely out of the queftion ; had thefe qualities been ne- ceffary, the expedition muft have been laid afide ; for there was no perfon in New-England , in thefe refpecfts qualified for the command. Fidelity, refolution and popularity muft fup- ply the place of military talents ; and Pep- perrell was pofTeffed of thefe. It was necef- iary that the men ftiould know and love their General, or they would not inlift under him."* Shirley's After this appointment was made, and private let- • Thr, following private note was fent from Bofton to Fepptrrell, whilft Bt Loiiifbourfr. and found among his paper?. ' You wn'i made Genera!, bein^ a popular man, moft likely to raife foU • dicrs foor.eft. The expedition was calculated to establish Sh — , and < niskf his crenture W. Governor of Cape-Breton, which is to be a place ' of r(fi!g(? to hill frou bis creditors. Bs-A'are ef (oekes In the grtlsj und ' mark th.'ir hifljng. NEW-HAMPSHIRE. 159 while it was uncertain whether the AiTembly 1745. of New-Hamplhire would agree with the Governor in railing money for the expedi- tion, Shirley propofed to Wentworth, the railing of men in New-Hampfliire, to be in the pay of Maffiichufetts, and in the letter which he wrote on that occalion paid him the following compliment. ' It would have been ' an infinite fatisfacflion to me, and done great * honor to the expedition, if your limbs would * have permitted you to take the chief com- ' mand.' Wentworth was charmed with the idea, and forgetting his gout, made an offer of his perfonal fervice ; bat not till after the Afiembly had agreed to his terms and the money bill was palled. Shirley was then obliged to anfwer him thus. ' Upon com- ' municating your offer to two or three gen- ' tlemen, in whofe prudence and judgment I ' moll confide, I found them clearly of opin- ' ion, that any alteration of the prefent com- ' mand would be attended with great rifque, ' both with refpecl to the AfTembiy and the * foldiers being entirely difgufted.' Before Pepperreli accepted the command, he ailced the opinion of the famous George Whitefield, who was then itinerating and preaching in New-England. Whitefield told fieij'c'lll- him, that he did not think the fcheme very ^^"^^ No, promifing ; that the eyes of all would be on him ; that if it fl-iould not fucceed, the widows and orphans of the flain would re- proach him ; and if it ihould fucceed, many would regard him with envy, and endeavor to eclipfe his glory ; that he ought therefore to go with ' a fingle eye,' and then he would find his ftrength proportioned to his necefli- 160 HISTORY Ot 1745. ty. Henry Sherburne, the CommifTary of New-Hamplliire, another of Whitefield's friends, prelTed him to favor the expedition and give a motto for the flag ; to v/hich, af- ter fome heiltation, he confented. The mot- to was, ' Nil dcfperandum Chrifto ducc.^ Thi§ gave the expedition the air of a crufade, and many of his followers inlifted. One of theiTL, a Chaplain, carried on his llioulder a hatchet, with which he intended to deftroy the images in the French churches. There are certain latent fparks in human nature, which, by a collifion of caufes, are fometimes brought to light ; and when once excited, their operations are not eafily con- troled. In undertaking any thing hazar- dous, there is a neceffity for extraordinary vigor of mind, and a degree of confidence and fortitude, which lliall raife us above the dread of danger, and difpofe us to run a rifque which the cold maxims of prudence would forbid. The people of New-England have at various times fliewn fuch an enthu- iiaftic ardor, which has been excited by the example of their anceflors and their own ex- pofed fituation. It was never more appar- ent, and perhaps never more neceffary, than on occafion of this expedition. Nor ought it to be forgotten, that feveral circumflances, which did not depend on human forefight, greatly favored this undertaking. The winters in this country are often fe- vere, but the winter in which this expedition was planned, and particularly the month of February, was very mild. The harbours and rivers were open, and the weather was in general fo pleaf\nt, that every kind of la- NEW-HAMPSIIIREj 161 bor could be done abroad. The fruitful nefs 1745. of die preceding feafon had made provifions plenty. The Indians had not yet niolefted the frontiers ; and though fome of them had heard that an expedition againfl Cape Breton was in hand, and carried the news of it to Canada, fuch an attempt was fo improbable, that the French gave no credit to the report, and thofe in Nova-Scotia did not receive the leall intelligence of the preparations. Doug- lafs obferves, that ' fome guardian angel pre- ' ferved the troops from taking the fmall pox,* Vvdiich appeared in Boilon about the time of their embarkation, and v/as actually import- ed in one of tlie Ihips which was taken into the fervice. A concurrence of happy inci- dents brought together every Britiih lliip of war from the ports of the American conti- nent and iflands, till they made a formidable naval fore?, confiding of four iliips of the line and fix frigates, under the command of an a(ffcive, judicious and experienced officer. On the other hand, the garrifon of Louif- bourg was difcontented and mutinous ; they were in want of provifions and florcs ; they had no knowledge of the defi-gn formed againfl them ; their lliores were io environ- ed with ice, that no fupplies could arrive early from France, and thofe which came af- terward, were intercepted and taken by our cruifers. In fliort, * if anv one circumftance * had taken a wrong turn on our fide, and if ' any one circumflance had not taken a t5ougi»f» i- ' wrong turn on the French fide, the expedi- * tion mufl have mifcarried.' In the undertaking and profecutlng of an enterprifc fo novel to the people of New- W 162 HISTORY OF 1745. England, it is amufing to fee how manj projects were invented ; what a variety of advice was given from all quarters, and what romantic expectations were formed by advi- fers and adventurers. During the inliflment, one of the officers was heard to fay with great fobriety, that he intended to carry with him three fhirts, one of which fhould be rufHed, becaufe he expedted that the Gene- ral would give him the command of the city^ when it fhould be taken. An ingenious and benevolent clergyman, prefented to the Gene- ral a plan for the incampment of the army, the opening of trenches and the placing of Fr;-rat€ battcries before the city. To prevent dan- Ms letters, gg^. ^q |-}^g troops from fubterraneous mines, he propofed, that two confidential perfons, attended by a gviard, fhould, during the night, approach tlie walls ; that one fliould with a beetle flrike the ground, while the other fhould lay his ear to it, and obferve whether the found was hollow, and that a mark fliould be fet on all places fufpe(fted. Another gentleman of equal ingenuity, fent the General a model of a flying bridge, to be ufed in fcaling the walls of Louiibourg. It was fo light, that twenty men could carry it on their flioulders to the wall, and raife it in one minute. The apparatus for raifing it confifted of four blocks, and two hundred fathoms of rope. It was to be floored with boards, wide enough for eight men to march abreaft ; and to prevent danger from the ene- my's fire, it might be covered with raw hides. This bridge, it was faid, might be ere(fted againfl any part of the wall, even where no breach had been xnadc -, and it was fvippofed NEW-HAMPSHIRE. 165 that a thoufaiid men might pafs over it in 1745. four minutes. But the moft extraordinary projet^ of all, was Shirley's fcheme for taking the city by furprife, in the firft night after the arrival of the troops, and before any Britilh naval force could poflibly come to their affiftance. It is thus delineated in a confidential letter which he wrote to Wentworih, when he ur- ged him to fend the I\ew-Hamp£hire troops to Bolton, to proceed thence with the fleet of tranfports. ' The fuccefs of our fcheme for March ». * furprifmg Louiibourg will entirely depend * on the execution of the firft night, after the * arrival of our forces. For this purpofe it * is neceflary, that the whole fleet fliould * make Chappeau-rouge point juft at the * fliutting in of the day, when they cannot ' cafily be difcovered, and from thence pufli ' into the bay, fo as to have all the men ' landed before midnight ; (the landing of ' whom, it is computed by Capt. Durell and ' Mr. Baftide, will take up three hours at * leaft.) After which, the forming of the ' four feveral corps, to be employed in at- ' tempting to fcale the walls of Louifbourg, ' near the eaft gate, fronting the fea, and * the weft gate, fronting the harbour ; to * cover the retreat of the two beforemen- ' tioned parties in cafe of a repulfe ; and, * to attack the grand battery ; (which attack * mull be made at the fame time with the two * other attacks) will take up two hours more * at leaft. After thefe four bodies are form- ' ed, their march to their refpec^live pofts ' from whence they are to make their attacks ' and ferve as a cover to the retreat, will take 164 HISTORY OiS 1745. ' up another two hours ; which, fuppofing the ' tranfports to arrive in Chappeau-rouge bay * at nine o'clock in the eveuing, and not be- * fore, as it will be neceflary tor them to do, ' in order to land and march under cover of * the night, will bring them to four in the * morning, being day break, before they be- ' gin the attack, which will be full late for ' them to begin. Your Excellency will from ' hence perceive how critical an affair, the * time of the fleet's arrival in Chappeau-rouge * bay is, and hov/ neceifary it is to the fuc- * cefs of our principal fcheme, that the fleet ' fliould arrive there, in a body, at that precife * hour.' It is eafy to perceive that this plan was contrived by a perfon totally unfiLilled in the arts of navigation and of war. The coalc of Cape-Breton was dangerous and inhofpit- able, the feafbn of the year rough and tem- peftuous, and the air a continual fog ; yet, a fleet of an hundred veiTels, after failing nearly two hundred leagues (for by this plan they were not to (top) mull make a certain point of land ' at a precife hour,' and enter an unknovvn bay, in an evening. The troops were to land in the dark, amidft a vi- olent furf, on a rocky lliore ; to march through a thicket and bog three miles, to the city, and fome of them a mile beyond it to the royal battery. Men vA\o had never been in allien, were to perform fervices, which the moil experienced veteran would think of with dread ; to pull down pickets v^^ith grap- ling irons, and i'ade the walls of a regular fortification, with ladders, which were after- ward found to be too Ihort by ten feet j all NEW-HAMPSHIRE. 165 in tlie fpace of twelve hours from their firft 1745. making the hind, and nine hours from their debarkation. This part of the plan was prudently concealed from the troops. The forces which New-Hampihire furnifli- ed for this expedition, were three hundred and fifty men, including the crew of an armed (loop which convoyed the tranfports and ferved as a cruifer. They were formed into a regiment, confiding of eight compa- nies, and were under the command ot Col. Samuel Moore. The floop was commanded by Capt. John Fernaid ; her crew confilled of thirty men. The regiment, floop and tranf- ports, were, by Governor Wentworth's writ- ten inftruclions to the General, put under his command. Befides thefe, a body of one hundred and fifty men was inliited in New- Hamplhire and aggregated to the regiment in the pay of Mailachufetts. Thus New- Hampfiiire employed five hundred men ; a- bout one eighth part of the whole land force.'* wcnu In thefe men, there was fuch an ardor for ac- !!""''i!.''** tion, and fuch a dread of delay, that it was impraclicable to put them fo far out of their courfe, as to join the fleet at Bofl:on. Shir- ley therefore altered the plan, and appointed a rendezvous at Canfeau ; where the forces of Ncw-Hampflii re arrived, two days before March, 3*. the General and his other troops from Bofton. * In the introductory part of Dr. P.amfay's elegant history of ths AmeriraD Rtvolotior (psgc 34) it is said, that ' this entcrpr^fs wai? un- ' dertakeo l>y th.s sot.E authority of the Lcg'flature of !V''Sa'?«achu8ctt'.' Tills i* not fufficinPtly acciirafc, It otipin;\-ed in Mafrithuf. fs ; but the Colonies of N«vw.Haaip(bire^ Rhode Ifland and Connt<51icor. hy their lepiflitive authority, furmfhid troops and flores. N-w-Yvk ffent a fupply of artillery, and Pennfylvanii of provifions ; bur t)ic tr'ops from Rhodc-lfland, and the prov- any grant for this purpofe, and adduced the following reafons, viz. That the fort w^as fifty miles diftant from any towns which had been fettled by the government or people of New-Hampfliire ; that the people had no right to the lands which, by the dividing line, had fidlen within New-Hampfliire ; notwith- flanding the plaufible arguments which had been ufed to induce them to bear the expenfe of the line ; namely, that the land^ would be given to them or elfe would be fold to pay that expenfe ; that the charge of maintaining that fort, at fo great a diftance, and to which there was no communication by roads, would exceed what had been the whole expenfe of government before the line was eftablifhed ; 181 HISTORY Ol- 1745. that the gre?it load of debt contracled on that account, and the yearly fnpport of govern- ment, with the unavoidable expenfes of the war, were as much as the people could bear ; that if they iliould take upon them to main- tain this fort, there was another much better and more convenient fort at a place called Number- four, belides feveral other fettle- ments, which they ihould alfo be obliged to defend ; and finally that there was no dan- ger that tliefe forts would v^ant fupport, fince it was the intereit of Maffachufetts, by whom they v/ere erecled, to maintain them as a cover to their frontier. When thefe reafons were given, the Gov- ernor difTolved the AiTembiy and called an- ^' other, to whom he recommended the fame meafure in the mod prefling terms ; telling them, ' that it v/as of the laft confequence to ' the prefent and future profperity of the gov- *ernment; that their refufal would leiTen * them in the efleem of the King and his min- ' ifters, and ftrip the children yet unborn of * their natural right ; and deprive their breth- ' ren who were then hazarding their lives * before the walls of Louifbourg of their juft ' expec5lations, which were to fit down on that ' valuable part of the Province.' But his elo- quence had no effed:. They thought it un- juit to burden their Conftituents with an ex- penfe which could yield them no profit, and afFord them no proteiflion. When it was determined, that New-Hamp- fliire woidd make no provifion for fort Dum- , mer, the Allembly of MaiTachuf etts continu- ed its ufual fupport, and alfo provided for the other pofts on Conuedicut river and its NEW-HAMPSHIRE. 185 brancKes, which were within the Hmits of 1745« New-Hampfhire. They afterwards petition- ed the King, to dedudl that charge out of the reimburfement, which the Parliament had granted to New-Hampfliire, for the Canada expedition ; but in this they were defeated, by the vigilance and addrefs of Thomlinfon, the agent of New-Hampfliire. Mofl of the frontier towns of New- Hamplliire, at that time, were diftinguifhed by no other than by Indian or temporary names. It may be convenient to compare them with their prefent names. On Con- neclicut river, and its eaftern branches, were Number-four, "] f Charleftown, Great Meadow, I I Weftmoreland, Great Fall, I ^^''^'^ J Walpole, ' ^. are now ^ r 7 Fort Dummer, j eaikd ] Hinfdale, Upper Alliueiot& | ( Keene and Lower Afliuelot, J LSwanfey. On Merrimack river and its branches, were " Concord, Pembroke, Bofcawen, Hopkinton, Merrimack and Amherft, Penacook, "] Suncook, I Contoocook, j "^^''^ XT TT 1 • )>^^^ noV}^ New-Hopkmton, f called Souhegan eaft & Souhegan weft, On Pafcataqua river, and its branches, were the townfhips of Nottingham, Barrington and Rochefter. Beiides the forts which were maintained at the public expenfe, there were private houfes enclofed with ramparts, or palifades of timber ; to which the people who remain- ed on the frontiers retired ; thefe private garrifoned houfes were diftinguilhed by the names of the owners. The danger to which Z 186 HISTORY OT 1745. thefe diftrefTed people were conftantly ex- pofed, did not permit them to cultivate their lands to any advantage. They were fre- quently alarmed when at labor ia their fields, and obliged either to repel an attack, or make a retreat. Their crops were often injured, and fometimes deftroyed, either by their cat- tle getting into the fields where the enemy had broken the fences, or becaufe they were afraid to venture out, to colleffl and fecure the harveft. Their cattle and horfes were frequently killed by the enemy ; who cut the flefli from the bones, and took out the tongues, which they preferved for food, by drying in fmcke. Sometimes they were afraid even to milk their cows ^ though they kept them in paftures as near as pofTible to the forts. When they went abroad, they were always armed ; but frequently they were fhut up for weeks together in a ftate of inactivity. The hiftory o-f a war on the frontiers can be little elfe than a recital of the exploits, the fufFerings, the efcapes and deliverances of individuals, of fingle families or fm.all par- .fuiy J- ^ ties. The firll appearance of the enemy on Mimo[ul the weftern frontier was at the Great Mea- P»ge a- dow, fixteen miles above fort Dummer, Two Indians took William Phips, as he was hoeing his corn. When they had carried him half a mile, one of them went down a fteep hill to fetch fomething which had been left. In his abfence, Phips, with his own hoe, knocked down the Indian who was with him ; then feizing his gun, fhot the other as he afcended the hill. Unfortunately, meet- ing with three others of the fame party,they NEV/-HAMPSHIRE. 187 killed him. The Indian whom he knocked 1745. down died of his wound. The fame week j^,^ ^^^ they killed Jofiah Fifher of upper Alhuelot. No other damage was done for three months ; when a party of twelve Indians ap- oaobern proached the fort at Great Meadow, and ^^^,^ took Nehemiah How, who was at a little dif- narrative. tance from the fort, cutting wood. The fort was alarmed, and one Indian was killed by a (hot from the rampart ; but no attempt was made to refcue the prifoner. As they were leading him away, by the fide of the river, they efpied a canoe coming down, with two men, at whom they fired, and killed David Rugg ; but Robert Baker got to the oppofite ihore and efcaped. Proceeding far- ther, they met three other men, who, by fkulking under the bank, got fafe to the fort. One of them was Caleb How, the prifoner's fon. When they came oppofite to Number-four, they made their captive write his name on a piece of bark, and left it there. Having travelled feven days weft- ward, they came to a lake, where they found five canoes, with corn, pork and tobacco. In thefe canoes they embarked ; and ha- ving ftuck the fcalp of David Rugg on a pole, proceeded to the fort at Crown-Point ; where How received humane treatment from the French. Fie was then carried down to Quebec, where he died' in prifon. He was a" ufeful man, greatly lamented by his friends and fellow captives. The next fpring, a party of Indians ap- 1745^ peared at Number-four, where they took ^ ^_^ John SpafFord, Ifaac Parker and Stephen ooolit-ic". Farnfworth, as thcv were driving a team. ■^•«'««»- 188 HISTORY OF 1746. Their cattle were found dead, with their tongues cut out. The men were cairied to Canada, and, after fome time, returned to Bofton, in a flag of truce. April 23. . Within a few days, a large party, confifl- mg of fifty, laid a plan to fiirprife the fort, at Upper Afliuelot. They hid themfelves in a fwaaip, in the evening ; intending to wait till the men had gone out to their work, ia the morning, and then rufh in. Ephraim D.o';tM.»s ^o^"^^i^> who was abroad very early, difcov- D,ci.o.rs. & ered them and gave the alarm. He bravely ^"sTcttir. defended himfelf againft two Indians, and flnpped one of his blanket and gun, which he carried into the fort. John Bullard, and the wife of Daniel Mc Kenny were killed. Nathan Blake was taken and carried to Cana- da, where he remained two years. They burned feveral houfes and barns ; and from the human bones found among the afhes, it was thought that fome of the enemy fell and were concealed in the flames. About the fame time, a party came down to New-Hopkinton, where they entered a gar- April a;, rifoned houfe, and found the people afleep; How'* nar- ^^^ ^.^^^ haviug bceu left open by one who rat.ve, and had rifen early and gone out to hunt. Eight J^rr'auve. perfous Were thus taken ; Samuel Burbank Bofton ^^^ ^^^ ^^^ ^o^s, David Woodwell, his poftBoy. wife, two fons, and a daughter. Burbank and the wife of Woodwell, died in captivity. Woodwell and three of the children return- ed in a flag of truce to Bofton. May z. ^^^^ enemy were fcattered in fmall parties, on all the frontiers. At Number-four, fome Dooiittic', women went out to milk their cows, with nauative. Major Jofiah Willard, and feveral foldiers. NEW-HAMPSHIRE. 189 for their guard : Eight Indians who were 1746. concealed in a barn, fired on them, and kill* ed Seth PuDiam ; as they were fcalping him, Willard and two more fired on them, and mortally wounded two, whom their compan- ions carried off. At Contoocook, five white men and a ne- ^^3^ ^ gro were fired at. Eliflia Cook and the ne- ^'^'•to"'» ^ gro were killed. Thomas Jones was taken, ratms. and died in Candida. At lower Afhuelot, they took Timothy j^^^ ^ Brown and Robert MofFat, who were car- ried to Canada and returned. At the fame time a party lay about the fort at Upper Afh- tielot. As one of them knocked at the gate in the night, the centinel fired through the ua^ra'dve' gate and gave him a mortal wound. The danger thus increafing, a reinforce- j^^y 3^, nient was fent by the Maflachufetts AiTem- bly, to thefe diftrelTed towns. Capt. Paine, with a troop, came to Number-four ; and about twenty of his men, going to view the place where Putnam was killed, fell into an ambufh. The enemy rofe and fired, and then endeavored to cut off their retreat. Capt. Phinehas Stevens, with a party, rulhed out to their relief: A fkirmifli enfued ; in which five men were killed on each fide, and one of ours was taken. The Indians left fome of their guns and blankets behind. June 19. In about a month after this, another en- gagement happened at the fame place. As Capt. Stevens and Capt. Brown were going into the meadow, to look for their horfes, the nn„;;t,ie-, dogs difcovered an ambufli, which put the fjarrativc. men into a pofture for adlion, and gave them conoo the advantage of the firfl fire. After a iharp I'Cft""'^ V 190 HISTORY OF 1746. encounter, the enemy were driven into a fwamp, drawing away feveral of their dead. In this adlion one man only was loft. Seve- ral blankets, hatchets, fpears, guns and other things, were left on the ground, which were fold for forty pounds old tenor. This was reckoned * a great booty from fuch beggarly 'enemies.' June 44. p^^ Bridgman's fort, near fort Dummer, William Robins and James Baker were kill- ed in a meadow. Daniel How and John Beeman were taken. How killed one of the Indians before he was taken. July 3- When the people wanted bread they were obliged to go to the mills, with a guard, every place being full of danger. A party who went to Hinfdale's mill, with Colonel Willard at their head, in fearching round the mill, difcovered an ambufh. The enemy were put to flight with the lofs of their packs. A8g. 3- At Number-four, one Phillips was killed ; and as fome of the people were bringing him into the fort, they were fired upon ; but none were hurt. Having burned fome buildings, and killed fome cattle, the enemy went and ambufhed the road near Winchef- Au5. 6. ter, where they killed Jofeph Rawfon. Whilft the upper fettlements were thus fuf- fering, the lower towns did not efcape. A party of Indians came down to Rochefter, Tm»€ a?, within twenty miles of Portfmoath. Five Haven » mcu werc at work in a field, having their arms at hand. The Indians concealed them- felves ; one of them fired, with a view to in- duce the men to difcharge their pieces, which they did. The enemy then rufiied upon NEW-HAMPSHIRE. 191 tliem before they could load again. They 1746- retreated to a fmall deferted houfe and fat- tened the door. The Indians tore off the roof, and with their guns and tomahawks difpatched Jofeph Heard, Jofeph Richards, John Wentworth and Gerfham Downs. They wounded and took John Richards ; and then croffing over to another road, came upon fome men who were at work in a field, all of whom efcaped ; but they took Jonathan Door, a boy, as he was fitting on a fence. Richards was kindly ufed,his wounds were healed, and after eighteen months he was fent to Bodon in a flag of truce. Door lived with the Indians and acquired their manners and habits ; but, after the conquefl of Canada, returned to his native place. Soon after this, another man was killed at a r r-r-i • Aug Of. Rochefler. Two men were furprifed and taken at Contoocook ; and a large partv of Indians lay in Ambufh at Penacook, with an intention to attack the people, while affembled for public worihip ; but feeing them go arm- ed to their devotions, they waited till the next naorning, when they killed five and took two. In thefe irritating fkirmiflies the fummer was fpent ; till a large body of French and ^"g- ^o- Indians attacked Fort Maflachufetts, at Hoo- „ r r-r->i ' r r Norton s fuck. This fort was lo(t for want of ammu- narrative. nition to defend it. After this fuccefs, the enemy remained quiet during the reft of the fummer. The profpedl of an expedition to Canada had induced many of the foldiers who were pofted on the frontiers to inlifl into the regi- ments, becaufe they preferred adlive fervice to the dull routine of a garrifon. The de- 192 HISTORY OF 1746. fence of the weflem pofls was not only haz- ardous, but ineffe(5lual ; and fome perfons in the north-weftern part of Maflachufetts thought it inexpedient, to be at the charge of defending a territory, which was out of their November, jurifdicflion. Their petitions prevailed with the Affembly, to withdraw their troops from the weflern parts- of New-Hampfhire. The inhabitants were then obliged to quit their efiates. They depohted in the earth, fuch furniture and utenfils as could be faved by that means ; they carried off on horfeback fuch as were portable j and the remainder, . with their buildings, was left as a prey to the enemy, who came and deftroyed or car- ried away what they pleafed. Four families, Sumner 8 J ^ . \ '^ , ^ , . ' & oicott's who remained in Shattuck s fort (Hinfdale) . etterf. jgfgjj^jg^^ jj- agaiufl a party of Indians, who attempted to burn it. Six men only were left in the fort at Number- four, who, in the fol- lowing winter deferted it ; and it was wholly deftitute for two months. In this time fome gentlemen, who underftood the true interefl of the country, prevailed on the Affembly of Maffachufetts, to refume the prote(5lion of thofe deferted places ; and to employ a fufE- ciency of men, not only to garrifon them, but to range the v/oods and watch the motions ^ ^.^ of the enemy. In the latter end of March, Captain Phine- has Stevens, who commanded a ranging com- pany of thirty men, came to Number-four; and finding the fort entire, determined to keep poffefiion of it. He had not been there April 4- many days, when he was attacked by a very large party of French and Indians, command- ed by M. DebelinC^ The dogs, by their bark- NEW-HAMPSHIRE. iMS %« ing, difcovered that the enemy were near ; 1747. which caiifed the gate to be kept fliut, beyond the uCual time. One man went out to make ^^Z7,'\^ difcovery and was fired on ; but returned '* ^' vrrin with a flight wound only. The enemy, find- Pod. Aprn ing that they were difcovered, arole from *^* their concealment and fired at the fort on all fides. The wind being high, they fet fire to the fences and log-houfes, till the fort was furroanded by flames. Captain Stevens took the moil prudent meafures for his fe- curity ; keeping every veflTel full of water and digging trenches under the walls in fev- eral places ; {o that a man might creep through, and extinguifli any fire, which might catch on the outfide of the walls. The fire of the fences did not reach the fort ; nor did the flaming arrows which they incefl^antly fliot againfl: it take effecl. Having continued this mode of attack for two days, accompa- nied with hideous fliouts and yells ; they prepared a wheel carriage, loaded with dry faggots, to be puflied before them, that they might fet fire to the fort. Before they pro- ceeded to this operation, they demanded a ceflation of arms till the fun-rifing, which was granted. In the morning Debeline came up with fifty men, and a flag of truce which he fl:uck in the ground. He demanded a parley, which was agreed to. A French ofli- cer, with a foldier and an Indian, then ad- vanced ; and propofed that the garrifon fliould bind up a quantity of provifions with their blankets, and having laid down their arms lliould be conduciled prifoners to Mon- treal. Another propofal was that the two commanders fliould meet, and that an anfwer A A 194 HISTORY OF 1747. fhould then be given. Stevens met the French commander, who, w^ithout waiting for an anfwer, began to enforce his propofal, by threatening^ to ftorm the fort, and pu^ every man to death, if they Ihould refufe his terms, and kill one of his men. Ste- vens anfwered, that he could hearken to no terms till the lafl extremity ; that he was intr lifted with the defence of the fort, and was determined to maintain it, till he fliould be convinced that the Frenchman could per- form what he had threatened. He added, that it was poor encouragement to furrender, if they were all to be put to the fword for killing one man, when it was probable they had already killed more. The Frenchman re- plied, * Go and fee if your men dare to fight any * longer, and give me a quick anfwer.' Ste- vens returned and afked his men, whether they would fight or furrender. They unani- moufly determined to fight. This was im- mediately made known to the enemy, who renewed their fliouting and firing all that day and night. On the morning of the third day, they requeued another ceflation for two hours. Two Indians came with a flag, and propofed, that if Stevens would fell them proviiions they would withdraw. He anf- wered, that to fell them provifions for money was contrary to the law of nations ; but that he would pay them five bufhels of corn for every captive, for whom they would give a hoftage, till the captive could be brought from Canada. After this anfwer, a few guns were fired, and the enemy were feen no more. In this furious attack from a ftarving NEW-HAMPSHIRE. * 195 •enemy, no lives were loft in the fort, and 1747. two men only were wounded. No men could have behaved with more intrepidity in the midfl of fuch threatening danger. An ex- prefs was immediately difpatched to Bofton, and the news was there received with great joy. Commodore Sir Charles Knowles was io higlily plealed with the condudl of Capt. Stevens, that he prefented him with a valu- able and elegant fword, as a reward for his bravery. From this circumilance, the town- ihip, v.^hen it was incorporated, took the name of Charieftown. Small parties of the enemy kept hovering, and Ibmetim.es difcovered themfelves. Ser- geant Phelps killed one, near the fort, and efcaped unhurt, though fired upon and pur- fued by two others. Other parties went farther down the coun- try ; and at Rochefter, they ambullied a com- pany who were at work in a field. The am- J""*: 7- bufli was difcovered by three lads, John and ms. letter* George Place, and Paul Jcnnens. The In- dians fired upon them. John Place returned the fire and wounded an Indian. Jennens prefented his gun but did not fire ; this pre- vented the enemy from rufliing upon them, till the men from the field came to their re- lief and put the Indians to flight. At Penacook, a party of the enemy dlf- juiy 48. covered themfelves by firing at fome cattle. ^^J^^^i They were purfued by fifty men ; and re- Poft. treated with fuch precipitation, as to leave their packs and blankets, with other things behind. One man had his arm broken in this conflict. About the fame time, a man was killed there, who had jufl returned from ng 196 * HISTORY OF 1747. Cape Breton, after an abfence of two years. Another was killed at Suncook ; and at Not- Mb.Tuer. tingham, Robert Beard, John Folfom and Elizabeth Simpfon, fuffered the fame fate. In the autumn, Major Willard and Cap- tain Alexander, wounded and took a French- man, near Winchefter, who was condudled to Bodon and returned to Canada. Soon after, the enemy burned Bridgman's fort ; (Hinfiale) and killed feveral perfons, and took others from that place, and from Num- ber-four, in the enfuing winter. No purfliit could be made, becaufe the garrifon was not provided with fnow-fhoes, though many hundreds had been paid for by the Govern^' ment. The next fpring. Captain Stevens was 17'±8. again appointed to command at Number- oicon', four, with* a garrifon of an hundred men ; MS. icucr. Q^y^^^ Humphrey Hobbs being fecond in command. A fcouting party of eighteen, May 25. was fent out under Capt. Eleazer Melvin. They difcovered two canoes in Lake Cham- plain, at which they fired. The fort at uarrative. Crowu Poiut was alarmed, and a party came out to intercept them. Melvin crofTed their track, and came back to Weft River ; where as his men were diverting themfelves by fliooting falmon, the Indians fuddenly came upon them and killed fix. The others came in at different times to Fort Dummer. On a Sabbath morning, at Rochefler, the fji^y 1. wife of Jonathan Hodgdon was taken by the Indians, as flie was going to milk her cows. HavenV She called aloud to her hufband. The In- Ms. lerter jj^j-jg ^yQuld liave kept her quiet, but as fhe perfifted in calling, they killed her, appar- NEW-HAMPSHIRE. 197 ently contrary to their intentions. Her huf- 1748. band heard her cries, and came to her affift- ance, at the inftant of her death. His gun mifTed fire, and he efcaped. The alarm, oc- cafioned by this ac5lion, prevented greater mifchief. The next month, they killed three men be- June x6. longing to Hinfdale's fort, Nathan Frencli, Jofeph Richardfon and John Frofl. Seven were taken ; one of v/hom, William Bick- ford, died of his wounds. Capt. Hobbs, and r„„j ^^ forty men, being on a fcout near Weft River, were furprifed by a party of Indians, with whom they had a fmart encounter, of three hours continuance. Hobbs left the ground, having had three men killed and four wound- ed. The fame party of the enemy killed , j two men and took nine, between fort Hinf- dale and fort Dummer. The ceifation of arms between the belli- 3 749. gerent powers did not wholly put a Hop to the incurfions of the enemy ; for after it was known here, and after the earrifon of, . XT u r '11 Jiioe,!;. INumber-rour was withdrawn, exceptmg fif- teen men, Obadiah Sortwell was killed, and a ^'""''' Ion of Capt. Stevens was taken and carried to Canada ; but he was releafed and re- turned. . During this affeding fcene of devaflation and captivity ; there were no inftances of de- liberate murder nor torture exerciled on thofe who fell into the hands of the Indians ; and even the old cuftom of making tliem run the gauntlet was in mofl cafes omitted. Qn the contrary there is an univerfal tcftimony from the captives who furvived and returned, in favor of the humanity of their captors. 198 HISTORY OF 1749* When feeble,they aflifted them in travelling ; an^ in cafes of diftrefs from want of provi- fion, they Ihared with them an equal propor- tion. A fingular inftance of moderation deferves remembrance. An Indian had furprifed a man at Afliuelot ; the man aflved for quarter, and it was granted : Whilft the Indian was preparing to bind him, he feized the Indian's gun, and fliot him in one arm. The Indian, however, fecured him ; but took no other revenge than, with a kick, to fay 'You dog, how could you treat * me fo ?' The gentleman from whom this information came, has frequently heard the ftory both from the captive and the captor. The latter related it as an inftance of Englifli Mrieuer. perfidy ; the former of Indian lenity. There was aftrikhig difference between the manner in which this war was managed, on the part of the Englilh and on the part of the French. The latter kept out fmall par- ties continually engaged in killing, fcalping and taking prifoners ; who were fold in Can- ada and redeemed by their friends, at a great expenfe. By this mode of condudl, the French made their enemies pay the whole charge of their predatory excurfions, befides reaping a ♦ handfome profit to themfelves. On the other hand, the Englifh attended only to the defence of the frontiers ; and that in fuch a manner, as to leave them for the moft part infecure. No parties were fent to harrafs the fettlements of the French. If the whole country of Canada could not be fubdued, nothing lefs could be attempted. Men were continually kept in pay, and in expectation of fervice ; but fpent their time either in ' i NEW-HAMPSHIRE. 199 garrifons, or camps, or in guarding provi- 1749. fions when fent to the feveral forts. Though large rewards were promifed for fcalps and prifoners, fcarcely any were obtained unlefs by accident. A confufion of councils, and a multiplicity of dire(5lors, caufed frequent changes of meafures, and delays in the exe- cution of them. The forts were ill fupplied with ammunition, provifions, clothing and 1747 fnow-lhioes. When an alarm happened, it was neceflary, either to bake bread, or drefs meat, or call bullets, before a purfuit could be made. The French gave commiilions to none but thofe who had diftinguillied them- fclves by fome exploit. Among us, perfons frequently obtained preferment, for them- felves or their friends, by making their court to Governors, and promoting favorite meaf- ures in town meetings, or General Alfem- blies. A community recovering from a war, like an individual recovering from ficknels, is fometimes in danger of a relapfe. This war was not decifive, and the caufes which kin- dled it were not removed. One of its efFe(51sr was, that it produced a clafs of men, who, hav- ing been for a time releafed from laborious occupations, and devoted to the parade of mili- tary life, did not readily lillen to the calls of induftry. To fuch men peace was burden- fome, and the more fo, becaufe they had not the advantage of half pay. The interval be- tween this and the fucceeding war was not long. The peace took place in 1749, and in 1754 there was a call to refume the fword. 200 HISTORY OF CHAR XXL Purchafe of Mafori's claim. Conirovsrfy ahout Reprefentaiion- Plan of extending the jsttlemcnts, Jeahufy and refcnlmcnt of the favagci. W HILST the people were contend- ing with an enemy abroad, an attempt was making at home, to revive the old claim of Mafon, which their fathers had withftoodj and which for many years had lain dormant^ till recalled to view by the politicians of Maf- fachufetts, as already related. After Thom- linfon had engaged with Mafon, for the pur- chafe of his title, nothing more was heard of itr, till the contr*overfy refpe6ling the lines was finiilied, and Wentworth was eflablilh- 1744. ed in the ieat of government, and in the of- fice of furveyor of the Woods. The agree- ment which Thomlinfon had made, was in behalf of the Reprefentatives of New-Ham p- fliire ; and the inflrument was lodged in the hands of the Governor, who fent it to the ' ^°" Houfe for their perufal and confideration. Affembiy ^^ ^^7 ^^ their table a long time, without any Records, formal notice. Ouickening meiTages were fent time after time ; but the affairs of the war, and Mafon's abfence at fea, and in the expe- dition to Louifbourg, where he had a com- pany, together with a difinclination in the Houfe, which was of a different complexion from that in 1739, prevented any thing from being done. 1745. In the mean time Mafon fuffered a fine and recovery, by which the entail was docked, in the Court? of New-Hamplliire,andhe became Feb. 28* NEW-HAMPSHIRE. 201 entitled to the privilege of felling his intercft. 1745. He alio prefented a memorial to the Allcm- bly, in which he told them that he would wait no longer ; and unlefs they would come 1746-. to fomc refolution, he fliould take their fi- lence as a refufal. Intimations were given, that if they would not ratify the agreement, a fale would be made to other perfons, who flood ready to purchafe. At length the Koufe came to a refolution, ' that they w^ould * comply with the agreement, and pay the jan. 39. ' price ; and that the wafte lands fhould be ' granted by the Geno'al y'JJcmbly^ to the in- * habitants, as they flioiild think proper.* A committee was appointed to treat with Mafon, about fulfilling his agreement, and to draw the proper inifruments of convey- ance ; but he had on the fame day, by deed jan. 3<}. of fale, for the fam of fifteen hundred pounds currency, conveyed his whole interefl to twelve perfons, in fifteen lliares. When the Houfe fcnt a meflage to the Council to inform them of this refolution, the Council obje6led to that claufe of the rcfolve, ' that * the lands be granted by the General Af- ' fembly,' as contrary to the royal com- milfion and infl:rud:ions ; but if the Houfe would addrefs the King, for leave to difpofe of the lands, they faid that they were con- tent. Thefe tranfa6lions raifed a great ferment among the people. Angry and menacing v/ords were plentifully thrown out againfb the purchafers ; but they had prudently ta- ken care to file in the Recorder's office a deed of quit-claim to all the tov/ns which had been fettled and grauted within the limits of B B 202 , HiSTOiir OF 1746. their purchafe.* In this quit-claim, they , , inferted a claufe in the following words, Records of . i r - r rL* deeds. * excepting and reiervnig our retpective * rights, titles, inheritance and polleilions, ' which we heretofore had, in common or * feveralty, as inhabitants or proprietors of * houfes or lands, within any of the towns, ' precindls, diifridls or villages aforefaid.' This precaution had not at firft its efFed:. A committee of both Houfes was appointed to confider the matter, and they reported, that * for quieting the minds of the people, and * to prevent future difficulty, it would be bed ' for the Province to purchafe the claim, for AifemWy t ^^iq ufc aud benefit of the inhabitants ; ' provided that the purchafers would fell it ' for the cod and charges.' This report v/as accepted, concurred and confented to, by every branch of the legifiature. A com- mittee was appointed to confult Council, and agree on proper inilruments of conveyance. The fame day, this committee met with the purchafers, and conferred on the queftion, whether they would fell on the terms propo- fed ? At the conference, the purchafers ap- peared to be divided, and agreed fo far only, as to withdraw their deed from the Recorder's • The purchaffrs of this claim were Theodore Atkinion thrte fifteenths. Thomas Packer. "M. H. VVentworth, two Bftecuths. Thomas Walimgford. Richard Wibird. Jotham Odiornc. John Wentworth (fon of the Governor.) Jofliua Peirce. Georpe Joffrey. John Mcffdt, one fif- Samuel Mcorc. tcentb each. Nathaniel IVUlTcrve. The covins quit claimed wftrc^ Portfniouth, I>ondonr;erry^ Bow, Dover^ Chefter, ' Chichefter, Exeter, Nottingham, Epfom, Hampton. BarringtoD, Barnftead, Gofport, Rochefter, and afterward Kingfton, Canterbury, Gilmaniown. Aagufi 4, NEW-HAMPSHIRE. 20S office. The committee reported that they 1746- could make no terms with the purchafers ; ^"S- '"■ ill confequence of wdiich the deed was again Aug. 48. lodged in the office and recorded. Much blame was cafl on the purchafers, for clandcftinely taking a bargain out of the hands of the Alfem-bly. They faid in their vindication, 'that they faw no pi"o%^ of sept. 4. < an ef-Hdual purchafe by the Aflembly, MsWr, ' though thofe of them who were members, ["r/officV. * voted for it, and did what they could to * encourage it ; that they would have gladly * given Mafon as much money, for his private * quit-claim to their feveral rights in the * townlhips already granted and fettled ; * that Mafon's claim had for many years * hung over the Province, and that on every * turn they had been threatened with a pro- ' prietor ; that Mafon's deed to a committee * of Maffiachufetts, in behalf of that Province, * for a tract of land adjoining the boundary ' line, had been entered on the records, and ' a title under it fet up, in oppofition to grants * made by the Governor and Council ; that * it was impolTible to fay where this evil ' would flop, and therefore they thought it ' mod prudent to prevent any farther effi^ds * of it, by taking up with his offer, efpecial- ' ly as they knew that he might have made a ' more advantageous bargain, with a gen- ' tleman of fortune in the neighbouring * Province ; but that they were fcill willing, * to fell their intereil to the Affembly, for the ' coil and charges ; provided that the land be * granted by the Governor and Council ; and that ^ the agreement be made within one month ' from the date of their letter.' 204 HISTORY or 1746. Within that month, the alarm caufed by the approach of D'Anville's fleet, put a flop to the negociation. After that danger was over, the affair was revived ; but the grand difiicuky fiibfifted. The purchafers would not fell, but on condition that the lands Ihould be granted, by the Governor and Council. The Affembly thought that they could have no fecurity that the land would be granted to the people ; becaufe the Gover- 1 7/1^ ^^°^ ^^^^^ Council might grant it to thenifelves, * or to their dependents, or to flrangers, and Aug, ao. the people who had paid for it might be ex- cluded from the benefit which they had pur- chafed. A propofal was afterward made, that the fale fliould be to feoffees in truft for the people ; and a form of a deed for this purpofe was drav^n. To this propoial, the purchafers raifed feveral obje6Hons ; and as the Affembly had not voted any money to make the purchafe, they declined figning the deed ; and no farther efforts being made by the Affembly, the purchafe refced in the hands of the proprietors. In 1749 they took a fecond deed, comprehending all the Ma- fonian grants, from Naumkeag to Pafcata- Recordsof g^i^ ; wlicreas the former deed was confined to the lately eftabliflied boundaries of New- Hampfliire. This latter deed was not re- corded till 1753. After they had taken their firft deed^ the 1 /'i». Mafonians began to grant townfhips, and continued granting them to petitioners, often without fees, and always without quit-rents. They quieted the proprietors of the towns, on the weftern fide of the Merrimack, which had been granted by Maffachufetts, before NEW-HAMPSHIRE. 20 i> the eflablifliment of the line ; fo that they 1748. went on peaceably with their fettlements. The terms of their grants were, that the grantees fliould, within a limited time, erecfl mills and meetihg-houfes, clear out roads and fettle minifters. In every townfliip, they re- ferved one right for the firfl fettled minifter, another for a parfonage, and a third for a fchool. They alfo refer ved fifteen rights for themfelves, and two for their attorneys ; all of which were to be free from taxes, till fold or occupied. By virtue of thefe grants, ma- ny townfliips were fettled, and the intereft of the people became fo united with that of the proprietors, that the prejudice againft them gradually abated ; and, at length, even fome who had been the mofl violent oppofers, ac- quiefced in the fafety and pollcv of their nieafures, though they could not concede to the validity of their claim. The heirs of Allen, menaced them by ad- vertifements, and warned the people againfl accepting their grants. They depended on the recognition of Allen's purchafe, in the Charter of MalTachufetts, as an argument in favor of its validity ; and fuppofed, that be- caufe the ablefh lawyers in the kingdom were confulted, and employed in framing that charter, they mull have had evidence of the juflice of his pretenfions, before fuch a re- fervation could have been introduced into it. So ftrong was the imprefiion, which this ar- j^^ ,,,,„, gument had made, on the minds of fpecula- ^^ '^'^"^• tors in England, that large fums had been offered, to fome of Allen's heirs, in that kingdom ; and, Thomlinfon himfelf, the firlt mover of the purchafe from Mafon, in be- 206 HISTORY OF 1748. half of New-Hampfliire, had his doubts ; and would have perfuaded the affociates to join in buying Allen's title alfo, even at the price of two thoufand pounds flerling, to prevent a more expenlive litigation, the iflue of which would be uncertain. But they, being vefhed with the principal offices of gov- ernment ; being men of large property, which was alfo increafed by this purchafe ; and ha- ving fatisfied themfelves, of the validity of their title, by the opinions of fome principal lawyers, both here and in England, contented themfelves with the purchafe which they had made ; and by maintaining their pofTeffion, extended the cultivation of the country within their limits. The words of the original grants to Ma- fon, defcribe an extent of fixty miles, from the fea, on each fide of the Province, and a line to crofs over from the end of one line of fixty miles, to the end of the other. The Mafonian proprietors pleaded, that this crofs line ihould be a curve^ becaufe, no other line would preferve the dilfance of fixty miles from the fea, in every part of their weflern boundary. No perfon had any right to con- teft this point with them, but the King. It was not for the intereft of his Governor and Council to objecft ; becaufe feveral of them, and of their connedlions, were of the Ma- fonian propriety ; and no obje(5lion was made by any other perfons, in behalf of the Crown. Surveyors were employed, at feve- ral times, to mark this curve line ; but on running, firfl from tlie fouthern, and then from the eafhern boundary, to the river Pe- migewailet, they couid not make the lines NEW-HAMPSHIRE. ^^ 207 meet. Controverfies were thus engendered, 1748. between the grantees of Crown lands and thofe of the Mafonians, which fubfifled for many years. In fome cafes, the difputes were compromifed, and in others, left open for litigation ; till, by the revolution, the government fell into other hands. This was not the only controverfy, wdiich, till that period, remained undetermined. When the exteniion of the boundary lines gave birth to a demand, for the maintenance effort Diimmer, the Governor had the ad- P""'"*"* drefs, to call to that AfTembly, into which he jan. 1744 introduced this demand, fix new members ; who appeared as reprefentatives for fix towns and difiricls, fome of which had been, by the fouthern line, cut off from Maflachufetts. It was fuppofed that his defign, in calling thefe members, was to facilitate the adop- tion of fort Dummer. Other towns, which ought to have had the fame privilege extend- ed to them, were negledled. When the new members appeared in the Houfe, the Secreta- ry, by the Governor's order, adminiflered to them the ulual oaths ; after which, they were afked, in the name of the Houfe, by what authority they came thither ? They anfwered, that they were chofen by virtue of a writ, in the King's name, delivered to their refpec- tive towns and diftridls, by the Sheriff. The Houfe remonflrated to the Governor, that thefe places had no right, by law, nor by cuf- tom, to fend perfons to reprefent them, and then debarred them from the privilege of voting, in the choice of a Speaker ; two only diffenting, out of nineteen. Several fliarp meffages paffed, between the Governor and 208 HISTORY OF 1748. the Houle, on that occafion ; but the prefl- ing exigencies of the war, and the propofed expedition to Cape-Breton, obliged him, for that time, to give way, and fufTer his new members to be excluded, till the King's pleafure could be known. The Houfe vindicated their proceedings, by appealing to their records ; from which it appeared, that all the additions, which had been made to the Houfe of Repreientatives, were, in confequence of their own votes, ei- ther iiTuing a precept themfelves, or requelf- ine: the Governor to do it ; from which thev argued, that no town, or pariih, ought to have any writ, for the choice of a Reprefentative, but by a vote of the Houfe, or by an act of the AfFembly. On the other fide, it was al- leged, that the right of fending Reprefenta- tives was originally founded on the royal commiffion and inflru(5lions, and therefore, that the privilege might, by the fame author- ity, be lawfully extended to the new towns, as the King, or his Governor, by advice of Council, might think proper. The prece- dents on both fides were undifputed ; but neither party would admit the conclufion drawn by the other. Had this difficulty been forefeen, it might have been prevented when the triennial ail was made in 1727. The defedls of that law, began now to be fevere- ly felt ; but could not be remedied. The difpute having thus fubfided, was not revived during the war ; but as foon as the peace was made, and the King had gone on Dougiafs a vifit to his German dominions, an addition- al inflru6lion was fent from the Lords Jufti- ces, who prefided in the King's abfence, di- NEW-HAMrSHIRE. '209 re(5ling the Governor to diirolve the Aflem- 1748. biy then fubfifthirr ; and when another fliould , Tunc 'lO. be called, to iirue the King's writ to the Sher- iff, commanding him to make out precepts to the towns and diflri^ls, whofe Reprefen- tatives had been before excluded ; and that when they Ihould be chofen, the Governor Ihould fupport their rights. Had this inllruclion extended to all the other towns in the Province, which had not been before reprefented, it might have been deemed equitable ; but as it ref|:)e6led thofe only, which had been the fubjecl of contro- verfy, it appeared to be grounded on partial information, and intended to ftrengthen the prerogative of the Crown, without a due re- gard to the privileges of the people at large. The party in oppofition to the Governor 1749. became more acrimonious than ever. Rich- ard Waldron, the former Secretary, and the confidential friend of Belcher, appeared ia the new Affembly and was chofen Speaker. The Governor negatived him ; and ordered the Houfe to admit the new members, and choofe another Ipeaker. They denied his power of negativing their Speaker and of in- troducing new members. The flyle of his meifages was peremptory and fevere; their anfwers and remonifrances were calm, but refolute, and in fome inftances flityrical. Neither party would yield ; no bufinefs was tranfacfted ; though the aflcmbly met about once in a month, and was kept alive, by ad- journments and prorogations, for three years. Had he dilTolved them, before the time for which they were chofen had expired, he knew, that in all probability, the fame per- fons would be re-ele(5led, Cc 210 HISTORY OF 1749. The cfFeSi of this controverfy was inju- rious to the Governor, as well as to the peo- ple. The public bills of credit had depre- ciated lince this adminiftration began, in the ratio of thirty to fifty-lix ; and the value of the Governor's falary had declined in the fame proportion. The excife could neither be farmed nor collected ; and that part of the Governor's falary, v/hich v/as funded upon it, failed. The Treafurer's accounts were unfettled. The foldiers, who had guarded the frontiers in the preceding war, were not paid ; nor were their mufler-rolls adjufted. The public records of deeds were fliut up ; for the Recorder's time having ex- pired, and the appointment being by law veiled in the Affembly, no choice could be made. No authenticated papers could be obtained, though the agent was conftantly foliciting for thofe which related to the con- troverfy about Fort Dummer, at that time before the King and Council. When the fit nation of the Province was j 750. known in England, an impreihon to its dif- 1751. advantage was made on the minds of its beil friends ; and they even imagined that the Governor's condudl was not blamelefs.* * Auguft lo, 1749, Mr. Thotnlinfon wrote thus to Mr, Atkinfon. ' I am forry to find by your letters, and by f very body frorn your coun- * try, the confufion your Province is in. I wifli I coul(3 fet you right. ' I cannot help thinking that the Governor has done foire ioiprudent ' things ; buf the other party is fundamentally wrong, and the Govcrn- '' or wjH always he fopported as long as he condudls himfpif by his ' Majcfty's inftru<9ions^ and in his tight of negativing a fpcaker. Not- '' wifliflanding this, I am furprifed that he, or any other Governor, * (hould not thirk it their intereft, to behave fo to all forts of people ' under their government, as to make all their enemies their friendsj * rather tb«n to make their friends their enemies.' Odober 19, 1749^ Mr. Atkinfon wrote thus in anfwcr. ' I atK ' fuppofed by many people to be privy to all the Governor's tranfac- ' lions here, which is totally without foundation. I never faw a letter ' which he wrote home, nor any he received, only, when any of them later*. NEW-HAMPSHIRE. 211 The language at Court was totally chang- 1749- ed. The people of Nevv-Hamplliire who 1750. had formerly been in favor, as loyal and 175L obedient fubjecfts, were now faid to be in re- bellion. Their accent was frequently rc- proacnea and mortiiiea on then* account, fo„'s ms and was under great apprehenlion, that they would fuffer, not only in their reputation, but in their interefl. Tlie agent of MalTa- chufetts was continually foliciting for repay- ment of the charges of maintaining fort Dummer, and it was in contemplation, to take off a large diflridl from the weftern part of New-Hamplliire, and to annex it to Maffachufetts, to fatisfy them for that ex- penfe. Befides this, the paper money of the Colonies was under the coniideration of Par- liament ; and the Province of Malliichufctts was riling into favor for having aboliflied that fyflem of iniquity. The fame juflice was expedled of New-Hampfliire, (ince they had the fame means in their power by the reimburfement granted to them by Parlia- ment for the Cape-Breton and Canada expe- ditions. This money, amounting to about thirty thoufand pounds fterling, clear of all fees and commifTions, had lain long in the treafury ; and when it was paid to the agent, he would have placed it in the funds, where it might have yielded an intereft of three per cent ; but having no directions from the Af- fembly, he locked it up in the bank. This ' were comtnunicajed to the Council or Afftmbly ; nor any of h'n * fpeeches or miflagrs. So that, really, I cannot be faid to advife. ' Neither do I fee What rcafon tbc pcofle have to complain. His ' Jjreatcft CDemied are now of the Alfembly, and in all the controver- ' fy, r.-A onr particular inllance of iijuftice or opprtfljon hath hcnn nitn- ' tioned by them ; and %hcn you read over their frveral rndTages, and * votc», you will not difcover any iDclination to conceal the lead lail- * ing be had been the autbor of,' 212 HISTORY OF 1749. was a clear lofs to them of nine hundred 1750. pounds per annum. There v/ere fome v/ho 1751. refledled on the agent, as if he had made an advantage to himfelf of this money. Had he done it, his own capital was fufficient to have anfwered any of their demands ; but it was alfo fufficient to put him above the necelTity of employing their money, either in trade or fpeculation. It had alfo been fuggefled, that Thom- linfon, at the Governor's requeft, had foli- cited and procured the inflrudtion, which had occafioned this unhappy llagnation of bufinefs. When this fuggeftion came to his MS. letter knowledge, he exculpated himfelf from the jinfon°^H. charge, in a letter which he wrote to a lead- jl'^v'iT*'' i^g member of the AlFembly ; and gave a 3?49. full account of the matter as far as it had come to his knowledge. He faid, that the Governor himfelf had flated the fatls in his letters to the minilfry j concerning his calling of the new members, in 1745, and their exclulion from the AiTembly, with the reafons given for it ; and had defired to know the King's pleafure, and to have di- re6lions how to aJs 'weji- nuard of Ctnne^icut river. By the treaty of Aix la Chappelle, in 1748, it was ftipulatecl, that 'all things ^^^^^^^ * fliould be i-eftored, on the footing they were ^^^^^^^ < before the war.* The ifland of Cape-Bre- ton was accordingly reilored to France ; but the limits of the French and FLngliih territo- ries on the continent, were undetermined ; and it was the policy of both nations to gam pollclTion of important pafies, to which each had fome pretenfions, and to noldthem, till the limits Ihould be fetded by Comrnii- fioners mutually chofen. Thefe commiffion- ers met at Paris ; but came to no decihon. By the conlliruaion of charters and grants from the Crown of England, her colonies ex- tended indefinitely weRward. The French had fettlements in Canada and Louifiana, and they meditated to join thefe diftant Colonies, by a chain of forts and polls, from the St. Lawrence to the MiiTifippi ; and to extend the runits of Canada, as far eaftward. as to com- mand navigation in the :^^i^^%^; J^^^, f.^ ereat river St. Lawrence is impailable. 1 hele claims of territory, extending on the one part from eaft to weR, and on the other fi^m north to fouth, neceffiu-ily interfered. The Colonies of Nova-Scotia, New-York and Vii- ginia, were principally affcaed by th.s mter- ference ; and the encroachments made on 220 HISTORY OF tliem by the French, were a fubjedl of com- plaint, both here and in Europe. It was forefeen that this controverfy could not be decided but by the fword ; and the 1754. £ngii{ji determined to be early in their pre- shTiey'i parations. The Earl of Holdernefs, Secre- fpeecber^ tary of State, wrote to the Governors of the American Colonies, recommending imion for their mutual prote(5lion and defence. A meeting of CommilTioners from the Colonies, at Albany, having been appointed, for the purpofe of holding a conference with the Six Nations, on the fubjer,« IvlS letter. NEW-HAMPSHIRE. 237 cd to their homes ; and friends who had long 1760. been leparated, embraced each other in peace. The joy was heightened by this confideration, that the country of Canada, being fubdued, could no longer be a fource of terror and dif- trefs. The expenfe of this war, was paid by a pa- per currency. Though an adl of Parliament was pafTed in 1751, prohibiting the Gover- nors, from giving their alfent to acfts of Af- fembly, made for fuch a purpofe ; yet by .a provifo, extraordinary emergencies w^ere ex- cepted. Governor Wcntvvorth was flow to take adva.ntage of this provifo, and conilrued • the a6l in a more rigid fenfe than others ; but his friend Shirley helped him out of his difficulties. In 1755 paper bills v;ere ifTued under the denomination of new tenor ; of which, fifteen fhillings were equal in value to one dollar. Of this currency, the foldiers were promifed thirteen pounds ten Ihillings per month ; but it depreciated fo much in the courfe of the vear, that in the muller rolls, their pay was made up at iifteen pounds. In 1756 there was another emiiTion from the fame plates, and their pay was eighteen pounds. In 1757, it was twenty-five pounds. In 1758, they had twenty-feven Ibillings ^'t^X flerling. In the three fucceeding years, they had thirty fhillings ilerling, befides a bounty at the time of their inliflment, equal to one month's pay. At length Iterling money be- came the rtandard of all contracts ; and though the paper continued pafTmg as a cur- rency, its value was regulated by the price of filver, and the courfe of exchange. It ought to be remembered as a. fignal fa-- 176L 238 HISTORY or 1760. vor of divine Providence ; that during this war, the feafons were fruitful, and the Colo- nies were able to fupply their own troops with provifions, and the Britifh fleets and armies with refreiliments of every kind which they needed. No fooner were the operations of the war in the northern Colonies clofed, than two years of fcarcity fucceeded ; (1761 and 1762) in which the drou?,ht of fummer was fo fevere, as to cut Ihort the crops, and ren- der fupplies from abroad abfolutely necelfary. Had this calamity attended any of the pre- ceding years of the war, the difhrefs mufl have been extreme, both at home and in the camp. During the drought of 1761, a hre raged in the woods, in the towns of Barring- ton and Rocheiler, and pafTed over into the county of York, burning with irrefillible fu- ry for feveral weeks, and was not extinguiih- ed till a plentiful rain fell, in Auguft. An immenfe quantity of the belt timber was de- ftroyed by this conflagration. For the fucceeding part of the war, a fmaller body of men was required to garrifou the new conquefts ; whilfl: the Britifh troops were employed in the Weft India iilands. The fuccefs which attended their operations in that quarter, brought the war to a conclu- lion ; and by the treaty of peace, though mraiy of the conquered places were reft.ored, yet, the whole continent of North America remained to the BritiPn Crown, and the Colo- nies received a reimburfement of their ex- pen fes. The war being clofed, a large and valuable tracl of country, fltuated between Nev/-Eng- land, New-York and Canada, was fecured to .762. Nov 17. Council oiinuccs. NEW-HAMPSHIRE. 239 the Britifh dominions ; and it became the 1762. interefl: of the Go\^ernors of both the royal . .6 of New-Ham pfhire and New- York, LO vie with each other, in granting this terri- tory and receiving the emoluments arifing from this lucrative branch of their refpedlive /)£aces. The feeds of a controverfy on this \ fubjed: had been already fown. During the fliort peace which followed the preceding war, Governor Wentvvorth wrote to Govern- 1749. or Clinton, that he had it in command from the King, to grant the unimproved lands with- in his government ; that the war had prevent- ed that progrefs, which he had hoped for in this bufinefs ; but that the peace had induced many people, to apply for grants in the wefl- ern parts of New-Hampfliire, which might k, y ^ fall in the neighbourhood of New-York. He 1 rintcd communicated to him a paragraph of his Appendix, commiffion, difcribing the bounds of New- ^^- 3- Hampfhire, and requefted of him. a defcrip- tlon of the bounds of New-York. Before he received any anfwer to this letter ; Went- worth,prefuming that New-Hampihire ought to extend as far weflward as MafFachnfetts ; that is to the diflance of twenty miles eafl from Hudfon's river, granted a townfhip, fix miles fquare, called Bennington ; fituate twenty-four miles eafl of Hudfon's river, and 1750. fix miles north of the line of Malfachufetts. Clinton having laid Wentworth's letter be- fore the Council of New- York ; by their ad- Ih.re book vice anfwered him, that the Province of*'^^'^"""' New-York was bounded eafterly by Connec- ticut river. This claim was founded on a grant of King Charles the fecond ; in which, * all the land from the welt fide of Connedi- 240 HISTORY OF 1750. * cut river, to the eaft fide of Delaware bay/ was conveyed to his brother James, Duke of York ; by whofe elevation to the throne, the fame tracft merged in the crown of Eng- land,and defcended at the Revolution to King William and his fuccefTors. The Province of New- York had formerly urged this claim againfl the Colony of Connecticut ; but for' prudential reafons had conceded that the bounds of that Colony ftiould extend, as far as a line drav/n twenty miles eafl of Hud- ' fon's river. The like extent was demanded by Mallachufetts ; and, though New-York affedted to call this demand ' an intruiion,' and flrenuoufly urged their right to extend eaflward to Conne(5licut river ; yet the origi- nal grant of Maffachufetts, being prior to that of the Duke of York, was a barrier which could not eafily be broken. Thefe reafons, however, it was faid, could be of no avail to the caufe of New-Hampfhire, whofe firfh lim- its, as defcribed in Mafon's patent, did not reach to Connecticut river ; and whofe late extent, by the fettlement of the lines in 1741, was no farther vv^eflward than ' till it meets * with the King's other governments,' Though it was agreed, between the two Governors, to fubmit the point in controverfy to the King ; yet the Governor of New-Hampfhire, contin- ued to make grants, on the weflern fide of Connecticut river, till 1754; when the re- newal of hoftilities not only put a flop to ap- 1754. plications ; but prevented any determination of the controverfy by the Crown. During the war, the continual pafTmg of troops through thofe lands, caufed the value of rhem to be more generally known ; and NEW-HAMPSHIRE. 241 wlieii by the conquefl of Canada, tranquillity 1754. was rcltored, they were eagerly fought by adventurers and fpeculators. Wencworth availed himfelf of this golden opportunity, and by advice of his Council, ordered a fur- vey to be made of Conned:icut river for j(ix- ty miles, and three lines of townihips on -i^pt each fide, to be laid out. As applications in- creafed, the furveys were extended. Town- J"'y *• fhips of fix miles fquare were granted to va- rious petitioners ; and fo rapidly did this work go on, that during the year 1761, not lefs than fixty townfliips were granted on the weft, and eighteen on the eafl fide of the river. Befides the fees and prefents for thefe grants, which were undefined ; a refervation v\^as made for the Governor, of five hundred acres in each tovvnfliip ; and of lots for pub- lic purpofes. Thefe refervations were clear mV" °" * of all fees and charges. The whole number 1703 of grants on the weilern fide of the river, amounted to one hundred and thirty-eight ; and the extent was from Connedlicut river to twenty miles eafi: of Hudfon, as far as that river extended northerly ; and after that, weft ward to Lake Champlain. The rapid progrefs of thefe grants filled the coffers of the Governor, Thofe v/ho had obtained the grants were feeking purchafers in all the neighbouring Colonies ; whilft the original inhabitants of New-Hampfliire, to whom thefe lands had formerly been promifed, as a reward for their merit in defending the coun- try, were overlooked in the diftribution ; un- lefs they were difpofed to apply in the fame manner, as perfons from abroad j or unlefs tliey happened to be in favor. Wheu re- G G » M2 HISTORY OF 1763. monftrances were made to the Governor on- informa- tliis lubje(5l, his aiifwer was, that the people f^u^ r-. of the old towns had been formerly compli- 5atc F. Oil- ^ _ _ / i man and mcntcd witli grants in Chichefter, Barnlled '"'^ and Gilmantown, which they had neglected to improve ; and that the nev/ grantees were better hufbandmen and would promote the- cultivation of the Province. The pailion for occupying new lands rofe to a great height. Thefe tra(5ts v/ere filled with emigrants from MalTacliufetts and Con- necticut. Population and cultivation began to increafe with a rapidity hitherto un- known ; and from this time may be dated the flouriftiing Hate of Nev/-tlampfliire ; w^hich before had been circumicribed and ftinted in its grov/th, by tlie continual dan- ger of a favage enemy. The grants on the weflern fide of Con- neclicut river, alarmed the government of New-York ; who, by their agent, made appli- cation to the Crown, reprefenting * that it sihan A)- <- would be greatly to the advantage of the !^a"ive"i7'74, ' /^'^//^ fettled ou thofe lands, to be annexed paije I. i j-Q New- York ;' and fubmitting the caufe try, for the author to fpeak in the firft perfon ; yet he hopes to be rxcuf- «'l in csprcffiMor the feelings of an Anf^erican, whUa he reUwj the hifiorj' f>. his o*n time, aud his own country. NEW-HAMPSHIRE. 247 modeling our governments, and reducing 1763, their powers ; whilft the authority of Parlia- nrieiit Ihould be rendered abfolute and im- periaL The military Gentlemen of Britain, who had ferved here in the war, and on whom, a profufion of grateful attention had been be- llowed, carried home reports of our wealth ; whiHl the fons of our merchants and planters, who went to England for their education, exhibited fpecimens of prodigality which con- firmed the idea. During the war, there had been a great influx of money ; and at the eoncluiion of it, Britifli goods were largely imported ; by which ineans, the eafh went back again with a rapid circulation. In no age, perhaps, excepting that in which Rome loll her liberty, was the Ijpirit of venal- ,^,]. aZoT> ky and corruption fo prevalent as at this time, ^y- ^'^^' in Britain. Exhaufted by a long war, and difgraced by a peace which deprived her of her mod valuable conquefls, the national fup- plies were inadequate to the continual drain of the exchequer. A new minillry, raifed on the ruin of that by which America was conquered and fecured, looked to this coun- try as a fource of revenue. But, negledling the ' principles of law and polity,' wdiich had ncmard'. been early fuggefted to them by an officious ^l^\_ correfpondent ; and by which they might have gradually and filently extended their iyflem of corruption into America; they plan- ned meafures by which they fuppoled an ad- dition to the revenues of Britain might be drawn from America ; and the pretence was, ' to defray the expenfes of proteding, defend- ' ing and fecuring it.* The fallacy of this pretence was eafily feen. If we had not done 248 HISTORY OF 1763, our part toward the protedion and defence of our country, why were our expenditures reimburfed by Parliament ? The truth is, that during the whole war, we had exerted ourfelves beyond our ability ; relying on a promife from a Secretary of State, that it fliould be recommended to Parliament to make us compenfation. It was recommended; the cornpenfation was honorably granted, and gratefully received. The idea of drawing that money from us again by taxes to repay the charges of our former defence, was unjuft and inconiiftent. If the new conquefls need- ed protedlion or defence, thofe who reaped the gain of their commerce, or enjoyed the benefit of grants and offices within thofe ter- ritories, might be required to contribute their aid. NotwitkO^anding this pretext, it was our opinion, tharthe grand obje6l was to provide for dependents, and to extend the corrupt and venal principle of crown influence, through every part of the Britifli dominions. How- ever artfully it was thrown out, that the rev- enue to be drawn from us would eafe the tax- es of our brethren in Britain, or diminifh the load of national debt ; it was not eafy for us to believe that the miniilry had either of thefe objecfls fincerely in contemplation. But if it had been ever fo equitable that we fhould contribute to difcharge the debt of the nation, incurred by the preceding w^ar ; we fuppofed that the monopoly and control of our com- merce, which Britain enjoyed, was a full equivalent for all the advantages, which we reaped from our political connexion with her. The fame gazette, which contained the de- finitive treaty of peace, announced the inten- NEW-IIAMPSIIIRE. 249 /I tions of the Britifh mini{lry to quarter troops 1' in America, and fupport them at our cxpenfe. JJ. ^^"".- The money was to be railed by a duty on May 27. foreign fugar and mplaffes, and by (lamps on all papers legal and mercantile. Tiiefe in- tentions were at firft thrown out in the form of relblves, and afterward digelled into acts of Parliament. The firit of thefe a6ls, re- -17^4 jlricfling the intercourfe wdiich the American Colonies had enjoyed with the Weft-India illands, caufed a general unealinefs and fuf- picion, but was viewed as a regulation of trade, and was fubmitted to, though with re- luctance. The effedl of this a^l was to call forth a fpirit of frugality, particularly in the introduction of a lefs expeniive mode of con- duclinc: funerals. Petitions and remonftran- ces were fent to England byifome of the Col- ^ ^^^* onies ; but inftead of any redrefs, a new ad: of Parliament was made for raifmg a reve- nue by a general ftamp duty through all the American Colonies. The true friends of con- ftitutional liberty now faw their deareft in- terefts in danger ; from an ailum.ptlon of power in the parent ftate to give r»nd grant the property of the colonifts at their pleafure. Even thole who had been feeking alterations in the colonial governments, and an eftablilh- ment of hereditary honors, plainly fiiw that the miniftry were deftrous of plucking the [J\u\ki' fruit, before they had grafted the Hock on ^'="- which it mull grow. To render the new a6l lefs odious to us, fome of our fellow citizens were appointed to diftribute the ftamped pa- per, which was prepared in England and brought over in bales. The framers of the ad boafted that it was fo contrived as to ex- H II iJ50 HISTORY OF 1765. ecute itfelf ; becaufe no writing could be deemed legal without the ftamp ; and all controverfies which might arife, w^ere to be determined in the Courts of Admiralty, by a fingle judge, entirely dependent on the Crown. This diredl and violent attack on our dear- eft privileges at firft threw us into a iilent gloom ; and v/e were at a lofs how to proceed. To fubmit, was to rivet the fliackies of ilave- ry on ourlelves and our pofterity. To re- volt, was to rend afunder the moft endearing connexion, and hazard the refentment of a ^!a 2S powerful nation. In this dilemma, the Houfe of Burgefles in Virginia, paffed fome fpirited refolves, aflerting the rights of their country, and denying the claim of parliamentary tax- ation. The AfK^mbly of Maffachufetts pro- '""' * pofed a Congrefs of Deputies from each Col- ony, to confultupon our common intereft, as had frequently been pratflifed in times of common danger. Several fpeeches made in Parliament by oppofers of the ftamp-adl w^ere reprinted here ; in one of which the Col. Barre. Americans were ftyled ' Sons of liberty,' and the fpeaker ventured, from his perfonal knowledge of this country, to foretel our op- poiition to the acl. The fpirit of the Virginian refolves, like an eledlric fpark, difFufed itfelf inftantly and univerfally ; and the cautious propofal of Maffachufetts was generally approved. The anxious mind, refting on the bold affertion of conftitutional rights, looked forward with pleafure, to the time when an American Con- grefs would unite in a fuccefsful defence of them. The title * Sons of liberty,' was ea- NEW-HAMPSHIRE. 251 gerly adopted by aflbciadons in every Colony ; 1765. determining to carry into execution the pre- di6lion of him, who with Inch noble energy^ had efpouled the caufe of our freedom. They began the oppofition at Boilon ; by publicly exhibiting eifigies ot the enemies of America^ and obliging the flamp-offictr to refign hi$ employment. The popular commotions in that town were afterward carried to an un- juftinable excefs ; but the fpirit of oppoii- tion animated the body of the people in every Colony. The perfon appointed diflributor of ftampi for New-Hampfhire, was George Meilerve^ {on of the late Colonel, who died at Louil- bourg. He received his appointment in Eng- land, and foon after embarked for America, and arrived at Bofton. Before he landed, he Scpt. 9. was informed of the oppofition which was making to the a61: ; and that it would be ac- ceptable to the people if he would refign, which he readily did, and they welcomed him on lliore. An exhibition of effigies at sopt. u- Portfmouth had prepared the minds of the ^ ^^ people there for his reception ; and at his '^'* ' ' coming to town he made a fecond refignation, on the parade, before he went to his own houfe. This was accepted with the ufual faliTtation ; and every one appeared to be fat- scpt. :;o. isiied with the fuccefs of the popular meaf- ures. Soon after, the ilamped paper deilined for New-Hampihire arrived at Bofton in the fame veffcl with that intended for Maffachu- fetts ; but there being no perfon in either Province who had any concern with it, it was, by order of Governor Bernard, lodged in the caflle. 252 HISTORY OF 1765. The ftamp-a6l was to commence its ope- ration on the iirft day of November ; pre- vioufly to which the appointed Congreis was formed at New- York, conlifling of delegates from the AiTemblies of MafTachufetts, Rhode- Ifland, Conne6licut, Nevz-York, New-Jerfey, Pennfylvania, the Delaware Counties, Mary- land and South-Carolina. Having, like the Congrefs at Albany in 1754, formed them- felves in geographical order ; they framed a bill of rights, for the Colonies ; in which the fole power of taxation v/as declared to be in their own affemblies. Iney prepared three diftindl addreiles to the King, Lords and Commons, ftating their grievances, and afk- ing for redrefs. Thefe w^ere fubfcribed by the delegates of fix colonies ; the ethers who were prefent we're not empowered to fign ; but reported their proceedings to their con- ftituents, who approved them in AfTembly, and forwarded their petitions. No delegates went from New-Kampfhire to this Congrefs; but the AfTembly at their next m.eeting adopt- ed the fame meafures, and fent iimilar peti- , ., tions to EnHand, which they committed to Records. Barlow Irecothick, tneir agent, and John AVentvv^orth, a young gentleman of Portf- mouth, Vv'^ho was then in England, to be by them prefented to the King and Parliament. Thefe meafures were the moft refpedlful and prudent which could be devifed ; and were attended with fome profpecl of fuccefs from a change which had been made in the Britilli miniflry. In the mean time, the newfpapers were fill- ed with effays, in which every plea for and againft the new duties was amply difcuffed. NEW-HAMPSHIRE. 253 Thefe vehicles of intelligence were doomed 1765. to be loaded with a llamp ; and the printers felt themfelves interclled in the opnofition. On the lad day of Odlobcr, the New-Hamp- fliire Gazette appeared with a mourning bor- der. A body of people from the country approached the town of Portfmcuth, under an apprehcnfion that the ilamps would be dif- tributed ; but being met, by a number from the town, and affured that no fach thing was intended, they quietly returned. The next day, the bells tolled, and a funeral proceffion was made for the Goddefs of Liberty ; but Nov. i. on depofiting her in the grave, fome figns of life were fupnofed to be difcovcred, and llie was carried off in triumph. By fuch exhibi- tions, the fpirit of the populace was kept up ; though the minds of the mod tlioughtful perfons were filled wldi anxiety. It was doubtful, whether the Courts of Law could proceed without damps ; and it was certain that none could be procured. Some licentious perfons began to think that debts could not 'be recovered, and that they might infult their creditors with impunity. On^'the firil appearance of this diibrderly fpir- it, aifociations were formed at Portfmouth, Exeter and other places, to fupport the Ma- giflrates and preferve the peace. The firth of November had always been obferved as a day of hilarity, in remembrance of the pow- der-ploL On the following night, a flrong guard was kept in Portfmouih. By theie precautions, the tendency to riot was fealbn- ably checked, and no wade of property or perfonal infult was committed ; though lo:nc obnoxious charaders began to tremble (or their fafety. 254 HISTORY OF 1163. When MefTerve arrived, the people fup- pofed that he had brought his commiffion with him, and were content that it iliould remain in his own hands, being rendered void by his refignation. But, in fka, he did not receive it till after the time fixed for the operation of the ad. Having ihown his in- ftrudions to the Governor, and fome other public officers, it was fufpeded that he intend- ed ' to commence the execution of his office.' 1766. The fons of liberty were alarmed ; they af- Jao.p. fembled by beat of drum, and obliged him publicly to deliver up his commiffion and inftrudions ; which they mounted on the point of a fword, and carried in triumph through the town. An oath was adminif- tered to him by Juftice Claget, purporting that he would neither diredly nor indiredly attempt to execute his office. The mafler of a fhip, then ready to fail for England, was alfo fworn to deliver the packet containing the commiffion and inflrudions, as it was direded. It was firft addreffed to the com- miffioners of the ftamp-office in London ; but afterward it was enclofed in a letter to the agents of the Province, refering the dif- polal of it to their difcretion. It happened to arrive, when great exertions were making, and a ftrong probability exifled, of the repeal of the ftamp-ad. The agents therefore con- cealed the packet, and had the good fortune to fupprefs the intelligence of all thefe pro- ceedings ; that no irritation might enfue to prevent the expccfted repeal. During all thefe commotions. Governor Wentworth was filent. The miniflry, either by accident or defign, had neglecled to fend NEW-HAMPSIIIRE. 255 authentic copies of the ftamp-aifl, to fome of 17GG- tiie American Governors, and to him among others. There had been no tumults, which rendered his interpofition neceflary. He was in the decline of Ufe, and his heahh was much impaired. His fortune was made, and it hiy chieliy in his native country. One of the reafons given, for the removal of his prede- cellbr, was, that he had enjoyed his oflice ten years ; Mr. Wentworth had been twenty-five years in the chair, and expelled foon to be fuperfcded. It was therefore his interell, not to put himfelf forward in fupport of unpop- ular meafures. His example was followed by moil of the gentlemen in the Province, who held offices under the Crown. If any of them were fecretly in favor of the acl, they were rellrained by fear, from contradicting openly the voice of the people. The popular fpirit w^as fufficiently roufed to join in any meafures which might be nc- ceiru-y for the defence of liberty. All fear of the confequence of proceeding in the pub- lic bufinefs without (lamps, was gradually laid afide. The courts of law, and cuflom houfes were kept open. Newfpapers circu- lated, and lincenfes for marriage, without {lamps, were publicly advertifed. As it was uncertain, what might be the event of the petitions to the King and Parliament, it was thought befl, to avv^akcn the attention of the merchants and manufadlurers of England, by an agreement to import no goods, until the ftamp-acl ihould be repealed. To provide for tlie word, an aflbciation was formed by the ' fons of liberty' in all the northern Colo- nies, to (land by each other, and unite thcii ^56 HISTORY OF 1766. whole force, for the protedion and relief of any who might be in danger, from tlie oper- ation of this, or any other opprefiive ad:. MS. letters 'j-j^g lettcrs wiiich palTed between them, on of the fons i • r • of liberty, this occaiion, are replete with exprefTions of loyalty and afFe(fLion to the King, his perfon, family and authority. Had there been any '! difafFecftion to the royal government, or de- fire to Ihake off our allegiance, where would the evidence of it be more likely to be found, than in letters which pafled between bodies of men, who were avowedly endeavouring, to form an union, to refill the ufurped au- thority of the Britifli Lords and Commons?'"^' The idea which we entertained of our po- litical connexion with theBritilh empire, was, that the King was its fupreme head ; that every branch of it was a perfecfl State, com- petent to its own internal legiflation, but fub- jedl to the control and negative of the fove- reign ; that taxation and reprefentation were correlative, and therefore that no part of the empire could be taxed, but by its own Rep- refentatives in AfTembly. From a regard to the general intereft, it was conceded, that the Parliament of Great-Britain, reprefenting the firft and mod powerful branch of the em- pire, might regvilate the exterior commerce of the whole. In Britain, the American gov- ernments were confidered as corporations, ex- ifling by the pleafure of the King and Par- liament, who had a right to alter or diffolve • From an intirnate acquainfance with m^ny perfnns. of sJl ranks, who u-ere inftrumcnul of eop'udling the Amtr-c n rv'iu'io'-^^ (brough all its ftages; and from a perufal of nany of their c I'fi cntial "'•t^rs; the au- thor of the fe (heers is fully f tisScr". rh^' t'e publ c pr-i fli '> of loy-Jtf, inaile bv his countrymen^ were finci-e ; ah! thnr the m; it ricifrmined np- l)offrs of ch- cUims of Parii.c. CiUj were vfty farfron i! il "f.^^ a difuuion of the Britifli eaipirc, till they were driven to '\t by ncc.ffit)!. NEW-HAMPSHIRE. 257 them. Our laws were deemed bye-laws ; 17G6. and we were fnppofed to be, in all cafes of le~ gillation and taxation, fubject to thefupreme, undefined power of the Britifli Parliament. Between claims fo widely ditPerent, there was no arbitrator to decide. Temporary expedi- ents, if wifely applied, might have preferved peace ; but the moil delicate and judicious management was neceffary, to prevent irrita- tion. \Vhcn the commotions which had happen- ed in America, were known in England, a circular letter was written to the feveral gov- ernors, by Secretary Conway, in which it was ^'^. **' ' /jo/)ed that the refiilance to the authority of ' the mother country, had only found place * among the lower and more ignorant of the * people.' To the conflitutional authority (as we underftood it) of the King and Parlia- ment, there had been no refiilance ; but to the aiTumed authority, of our fellow fubjeds in Britain, over our property, the refiilance began, and was fupported by the Rcprefen- tatives of of the people, in their Affemblies. Thofe v>^ho appeared under the name of * the fons of liberty' were chieily tradefmen of reputation, who were occaiionally aifiiled by lawyers, clergymen, and other perfons of lit' erary abilities. The writings of Sydney and Locke were produced, in evidence of the juf- tice of our claims ; and the arguments which had formerly been ufed in England, againil the ufurpations of the houfe of Stuart, were adopted and repeated by us, in favor of our rights and liberties. Political inquiries were encouraged, and the eyes of the people were opened. Never was a lentiment more gener- I 1 ^55 HISTORr OF 1766. ally adopted, on the fulleft convidlion, than that we could be conflitutionally taxed by none but our own Reprefentatives ; and that all afTumption of this power, by any other body of men, was ufurpation which might be lawfully reiifted. The petitions of the American Aifemblies, enforced by the agreement for non-importa- tion, and aided by the exertions of the Brit- ifli merchants and manufadlurers, induced the new miniftry to recommend to Parlia- ment, a repeal of the odious ftamp-a6l. It March i8. was^ accordingly repealed ; not on the true pri^iciple of its repugnancy to the rights of America ; bat on that of political expedien- cy. Even on this principle, the repeal could be obtained by no other means ; than by pailing, at the fame time, a declaratory adl, af- . ferting the right and power, of the Britiih Parliament, * to bind America, in all cafes ' whatfoever,' and annulling all the refolu- tions of our AfTemblies, in which they had claimed the right of exemption from Parlia- mentary taxation. The rejoicings which were occalioned by the repeal of the flamp-a6l, in this country, were extravagantly difproportioned to the ob- jeiSl. We felt a tranfient relief from an in- tolerable burden ; but the claim offovereign power, in our fellow fubjedls, to take our property, and abridge our liberty at their pleafure, was eftablifhed by law. Our only hope was, that they would profit by their re- cent experience ; and whilfl they enjoyed the pride of feeing their claim exift on paper, would fufpend the exercife of it in future. With the repealing and declaratory aifls, a June v^. NEW-HAMPSIIIRK. 259 Circular letter came from Secretary Conway ; 1766. in which, * the lenity and tendernefs, thc' * moderation and forbearance of the Parlia- * ment toward the Colonics' were celebrated in the language of panegyric, and we were called upon, to fliow our 'refpecflful gratitude * and cheerful obedience,' in return for fuch a * fignal difplay of indulgence and affecftion.' This letter enclofed a relbkuion of Parlia- ment, that thofe perfons who had ' fuffered 'any injury or damage,' in confequence of their afTifting to * execute the late act, ought * to be compenfated, by the Colonies, in which ' fuch injuries were fuflained.' When Governor Wcntworth laid this let- ter before the Aflembly, he told them ' with * pleafure and fatisfacflion, that he had ?/o re- ' quilition of this kind to make.' Mellerve, however, applied to the Ailembly to gram, him a compenfation for the injuries which he faid he had fuffered. A committee, being ap- pointed to inquire into the ground of his petition, reported, ' that he had i'uffered no ' real damage either in perfon or property ; ' but that when any danger had been cxpecl- ' ed, guards had been appointed to protecfV. * him.' Upon this report, his petition was difmlffed. He afterward went to Kngland and obtained the office of Collector of the Cuftoms. At this fefTion the affembly prepared aref- pecflful addrefs to the King and both Houfes of Parliament, on account of the repeal ; which was fent to England, at the fame time that the llamped paper and parchment, which had been depofited at the caflle in Boflon, were returned. 260 HISTORY OF 1766. Complaints had been made in England againft fome of the American Governors, and other public officers, that exorbitant fees had been taken for the paiTmg of patents for land ; and a proclamation had been ilTued by the N. Hamp- Crown and publiflied in the Colonies, threat- || Aug.?9^' nii^g fuch perfons with a removal from of- ^764. fice. Governor Wentworth was involved in this charge. He had alfo been accufed of negligence in correfponding with the King's niiniilers ; of informality and want of ac- curacy in his grants of land ; and of pailing adls of AfTembly refpe(5{:ing private property, without a fufpending claufe * till his Ivlajef- * ty's pleafure could be known.' In his of- fice of Surveyor- General he had been char- ged with negledl of duty, and with indulging his deputies in felling and walling the King's timber. By whom thefe complaints were made, and by what evidence they were fup- ported, I have not been able to difcover. Certain it is, that fuch an impreffion was made on the minds of the mini dry, that a refolution was taken to remove him ; but the difficulties attending the ftamp-adl, caufed a dela.y in the appointment of a fucceflbr. When the ferment had fubfided, the atten- tion of the miniftry was turned to this ob- jc(fl. John Wentworth, fon of Mark Hunking Wentworth, and nephew of the C^overnor, was then in England, He had ap- peared at Court, as a joint agent with Mr. Trecothick in prefenting the petition of the Province againft the ftamp-acl. He had be- come acquainted with feveral families of high rank and of his own name in Yorkfhire, and in particular with the Marquis of Rocking- NEW-HAMPSHJRE. 261 ham, then at the head of the miniftry. By 1766. his indulgence, Mr. Wentworth prevailed to foften the rigor of government againfl his uncle. Inflead of being cenfured and re- moved from ofBce, he was allowed opportu- nity to rejign^ and the appearance of refign- ing in favor of his nephew, who was deftined by the Marquis, to be his fuccellbr. Having received his commifTions, as Governor ofAuguan, New-Hampfliire, and Surveyor of the King's woods in North-x\merica, Mr. Wentv\rorth failed from England, and arrived at Charlef- ,/ \" ** town, in South-Carolina. Thence he travel- led through the continent, regifleiing his commiilion of Surveyor in each of the Colo- nies, and was received at Portfmouth, with every mark of refpedl and affedion. This ^^^^ ^^ appointment, made by a popular mini{lry,was peculiarly grateful to the people of New- Hampiliire, by whom Mr. Wentworth was well known and much efteemed. In addition to what had been iaid, of the fuperfeded Governor, it may be obferved ; that his natural abilities were neither brilliant nor contemptible. As a private gentleman he was obliging, and as a merchant honora- ble. Ke was generous and hofpitable to his friends ; but his paflions were if rong and his refentments lading. He was fubjedl to fre- quent and long continued vifits of the gout ; a diftemper rather unfriendly to the virtue of patience. In his deportment there was an ap- pearance of haughtinefs, contraded by his refidcnce in Spain,where he learned the man- ners of the people of rank ; as well as the maxims of their government. He thought it befl that the highefl offices, fliould be fill- ^62 HISTORY OF 1767. ed with men of property ; and though in fome inftances he deviated from this princi- ple, yet, in others, he adhered to it fo clofely, as to difregard more necefTary quail fications. In the former part of his adminillration, he was fcrupulous in obeying his inilrudions, and inflexible in maintaining the prerogative. In conducting the operations of two fuccef- five wars, his attention to the fervice was very confpicuoiis ; and he frequently received let- ters of thanks, from the Generals, and other officers of the Britilli troops employed in America. He was clofely attached to the intereft of the church of England ; and in his grants of townfliips, referved a right for the fociety for propagating the gofpel, of which he was a member, A projedl was formed during his adminillration, to eilablifli a college in New- Hampfhire. When he was applied to for a charter, he declined giving it, unlefs the col- lege w^ere put under the diredion of the Bilhop of London. But, when a grant was made by the AlFembly, of three hundred pounds fterling, to Harvard College, where he had received his education, to repair the (ielaudlion which it had fufFered by fire; he confented to the vote, and his name is infcrib- ed on an alcove of the library, as a benefac- tor, in conjundion with the name of the Province. In his appointment of civil and military officers, he was frequently governed by mo- tives of favor, or prejudice to particular per- ibns. AVhen he came to the chair he found but twenty-live Juftices of the Peace in the whole province ; but in the firfl commiffion J HISTORY or 1 767. great fhare of popular favor ; wLicli was much heightened when his condud was viewed in contraft with that of fome other Gover- nors in the neighbouring Provinces. Though bred a merchant, he had a taile for agricul- ture, and entered vigorouily into the fpirit of cultivation. He frequently traverfed the forefts ; explored the ground for new roads ; and began a plantation for himfelf in the townlhip of Wolfborough, on which he ex- pended large fums, and built an elegant houfe. His example was iniiuential on other landholders, vvdio alfo applied themfelves in earneft to cultivate the wildernefs. The improvement of the country at this time occupied the minds of the people of New-Hampihire, and took off their attention, in a great meafure, from the view of thofe po- litical difficulties, which v/ere occaiioned by a new a^ of Parliament, laying duties on pa- per, glais, painters' colors, and tea ; and the eflablilhmeiit of a board of Commiihoners for colledling the American revenue. In the other Colonies, particularly in Maffachufetts, thefe duties had become a fubjecl of alterca- tion and ferious alarm,being grounded on the right which the Parliament had ailumed of ' binding America in all cafes whatfoever.' The only remedy was to be found in frugal- itv, non-importation, and domefbic manufac- tures. Thefe things were recommended, and, in fome meafure, complied with ; and by means of thefe exertions, the revenue fell fhort of the fanguine expeaations which its advocates had formed. The popularity of the Governor of New- Hamplliire, and the influence of his numer- NEW-HAMPSHIRE. tjfffl ous friends and connexions, who -were of the 1767- principal families and the richefl merchants in the Province, prevented the adoption of a non-importation agreement in Portfmouth,^' till the merchants in Ibme of the other Colo- nies threatened to withhold any mercantile intercourfe with them. A plan of the fame kind was then (1770) formed; and the union of fo many Colonies, in this meafure, caufed the manufadurers in Great-Britain to expe- rience diilrefles of the fame nature with thofe occafioned by the flamp-acl; and to ex- ert their influence for a repeal of the nev»- revenue law, which was in part effedled. All the duties, excepting that on tea, were taken oft. This relaxation, on the other fide of the Atlantic, produced a relaxation here. The miniflry in Great-Britain was frequently changed ; and no uniform fyflem either of coercion or lenity was adopted. The oppo- fition on this fide languiihed for want of una- nimity. The more candid among us were willing to fuppofe that Britain would never lay any more duties ; and there was fome foundation for this fuppofition, as far as let- ters from miniflers of date, and fpeeches from provincial Governors might be depended on. The tax on fea was referved as a latent fpark to rekindle the controverfy. When the Governor, at his firft meeting the AlTembly, according to the cuflom on fuch occafions, recommended to them the • « We cannot depend on the coun'cnjtice of many r«ff""' "f ^^'^ ' firft rank here ; for royal comm.fii ns and family connexions it fluencc • the prinic})ai pcntlctrtn amopg us_, at lenft to kr tht Houli- to ' join with the Council, in appointing de'egatc' to the Co»i(rr fs it A!ba- ' ny ? To which the Coiiucil anfvA-cretl ; that the H ule had uo inh-r- ' cnt right ; hot it bad been loti^ tie cufiom, at fuc^ iitcrvicwj^ for the * lower Houfc to nomiijatc pcrloui, to be joined with fuch as the CcuiKii ' fliould appoint.' Council micu:r». 286 HISTORY O^ 1774. the fling's Peace. When he had retired they refumed their feats ; but, on further confider- ation, adjourned to another houfe ; and after fome converfation, wrote letters to all the to'wns in the Province ; requefting them to fend deputies, to hold a Convention at Exe- ter, who iliould choofe delegates for a gene- ral Congrefs ; and to pay their refpecftive quotas of two hundred pounds, agreeably to the lafl proportion of the Provincial tax. They alfo recommended a day of fafting and prayer, to be obferved by the feveral congre- gations, on account of the gloomy appear- ance of public affairs. The day was obfer- ved, with religious folemnity. The money July 14. was colledled. Eighty-five deputies were chofen and met at Exeter, where they delega- juiy 21. ^^^ Nathaniel Folfom and John Sullivan, Efquires, to attend the propofed Congrefs, at Philadelphia, in September, and delivered to ^ them the money which had been colle6led, to defray their expenfes. They alfo recom- mended the diftrelfed (late of Bofton, to the commiferation of their brethren in New- Hampfhire ; and contributions were raifed in many of the towns for their relief. „ ,. The Governor was now convinced, and in ary rcginer. his Icttcrs to tuc mmittry acknowledged, that i/paV6i, * t^^6 union of the Colonies would not be loft ***^- ' in New-Hampiliire.' At the fame time, he did the people the juftice to fay, that they had abftained from violence and outrage, and that the laws had their courfe. In his letters which were publiflied by the miniftry, there appears a fpirit of candor toward the people, as well as a defire to recommend himfelf to the approbation of his fuperiors. Though NEW-IIAMPSIIIRE. 2S7 he Taw another authority rifing in the Pro- 1774. viace, founded on the broad bafis of public opinion, and unreftrained reprefentation, an authority over which he had no influence or control ; yet he endeavored to prefcrve the fliadow of the royal government, and keep up its forms as long as poflible. But it was impradicable for a perfon, cir- cumftanced as he was, to withlland the fpirit of the people.* That his wifli was to pre- vent a rupture, there is fufficient evidence, for candor to believe. But it cannot be thought ftrange, that in his endeavors to com- ply with the expedations of the miniftry, and their inflruments, which he conceived to be his duty, he Ihould fall into fuch a fnare, as to lofe the afFedions of the people ; for it was impoflible to pleafe both. The troops in Bofton wanted barracks, to ^ fecure them againfl the approaching winter. ^, The artificers of the town,were,by the popular '' voice, retrained from working in the fervice of Government. General Gage was there- fore obliged to fend for affiftance to the neigh- boring Governors,and, among others,to Gov- ernor Wcntworth. Inftead of convening his Council for their advice, or ilfuing a procla- mation, inviting help and promifmg reward, he privately employed a perfon to hire car- penters to go to Bofton. It was impoflible " that the fecret fliould be kept, and when it was known, his befl; friends reprobated his • The following paragraph, of ore of Wn private letter?, written at thai time to a confiJential friecd, defctvcs to be renneoibercd. ♦ bur hemifphcrc threatens a hur.icane. I have in v^ui aiove, iilmott « to death, to prevent it. If I can, at laQ, b.iny out of u, lifcty to my ♦ country, and honor to cur fovercign, my labors^ will Lc joylul. M/ •* heart is devoted to It, and ycu know its Docerity.' MS letter to T. W. w. Sept, 4. ^8 HISTORY OF 1774. conducl. The Committee of Portfmouth, at the head of which, was his uncie, Hunking Wentworth, bore their public tellimony a- gainft it ; and cenfured him, not by name, but by implication, as ' an enemy to the com- munity,' and the men whom he had employ- ed, as * unworthy of fociety.' The agent in this fecret buflnefs, was brought on his knees before the committee of Rochefier, and made an humble acknowedgment. This prudent flep of the committee, difarmed the popular rage, and prevented any injury to his per- fon or property. The tranfadlions of the Congrefs which met at Philadelphia, were univerfally ap- proved. The fpirit of them was firm, but pacific. The mode of oppofition, to the ar- bitrary claims of Britain, which they recom- mended, was non-importation and non-con- fumption. But in the clofe of their addrefs, to their conftituents, they advifed them to * * extend their views to the mofl unhappy e- ' vents, and to be in all refpedts prepared for ' every contingency.' Not long after this ad- vice was made public, a contingency prefent- ed itfelf, in which the people of New-Hamp- fliire gave an example of that fpirit, by which the whole country was animated. An order having been pafled by the King in Council, prohibiting the exportation of gvmpowder and other military {lores,to Amer- Dec. 12. ica ; a copy of it was brought by exprefs to Portfmouth, at a time, when a fliip of war was daily expecled from Boflon, with a party of troops, to take pofTefTion of fort William and Mary, at the entrance of the harbour. The committee of the town, with all poflible ^fEW-IIAMPSHIRE. f89 fecrefy and difpatch, colleded a company, 1774. from that and fomc of the neighboring towns; and before the Governor had any fufpicion of their intentions, they proceeded to New- caftle, and allaulted the fort. The Captain and his five men (which was the whole gar- rifon) were confined, and one hundred bar- rels of powder were carried oQ] The next day, another company went and removed fifteen of the lightelf cannon, and all thefmall arms, with fome other warlike ftores ; wdiich they dillributed in tlic feveral towns, under the care of the committees. Major John Sullivan, and Captain John Langdon, diflin- guiilied themfelves, as leaders in this affair. It was tranfaded with great expedition and alacrity, and in the mofl fortunate point of time; juft before the arrival of the Scar- borough frigate, and Canfeau floop, with fev- eral companies of fbldiers ; wdio took pofFef- fion of the fort, and of the heavy cannon which had not been removed. The Governor put the five men, who be- longed to the fort, onboard the iliips of war, to be refer ved as evidences in cafe of a profe- cution of the offenders for high treafon ; and having confulted Council in this and ths neighbouring Province, thought it his duty ; that he might prevent any charge of mifprif^ ion of treaibn againft himielf; to difmifsfrom public truft, all thofe perfons concerned in the af fault of the fort, who had held any of- fice under the government, and concerning whofe proceedings he had authentic teflimo- ny. He alio iffued a proclamation, com- jnanding all ofHcers, civil and military, to aC- fift ia dete^fling and lecuriog the offenders 5 290 HISTORY OF 1774. and exliortingall the people to beware of being fed need, by the falie arts and menaces of abandoned men. It was thought proper by the Governor and fome of his friends, to form an afTocia- tion, for the fupport of the royal govern- ment, and for their mutual defence. They boafled, that an hundred men could be pro- cured, from the fhips, at a minute's warning. , ,-^^ This tranfadion expoied the weaknefs of the ^ '^' caufe, which they meant to fupport ; for what could an hundred men do againft the whole country ? A fecond convention of deputies met at Jan. «5. Exeter, to confult on the ftate of affairs, and appoint delegates for the next general Con- grefs, to be holden on the tenth of May, at Philadelphia. Major Sullivan and Captain Langdon were chofen ; and the fum of tv/o hundred and fifty pounds, was ordered to de- fray their expenfes. This convention iffued an addrefs to the people, warning them of their danger ; exhorting them to union, peace and harmony, frugality, induflry, manufac- tures, and learning the military art ; that they might be able, if neceffary, to defend the country againfl invafion. They appointed a committee of correfpondence, with power to call another convention, when they fliould judge it neceffary. The winter paffed away in gloomy appre- henfion and anxiety. Men of confideration faw that a wide breach was made, and that it could not eafily be clofed. Some happy ge- nius was wanted to plan, and wifdoni on both fides to adopt, a conflitution for Britain and America. Royal charters and inflrudions, NEW-HAMPSHIRE. 291 acls of Parliaments and precedents of all kinds, 1775. were at beft but a rotten foundation. The fbore of temporary expedients was exhaufl- ed. It was doubtful whether force could gen- erate fubmiflion, or whether refiitance could enervate force. Neither country was fenfi- ble of the ftrength and refourccs of the other. The prefs teemed with arguments on both fides ; but no plan of conciliation was adopt- ed. A fair and candid reprefentation of our grievances could not be received, in the Court of Britain. Each fide was tenacious of its claims, and there appeared no difpofition to relax. When two independent nations are in fuch a (late, they generr.Uy find among their friends and allies, fome mediating pow- er, to bring them to terms and prevent a rupture. Between Britain and America, no mediator could be found. The controveriy could be decided only by the fupreme arbi- ter of nations. The firfl fliips, which arrived in the fpring, brought us news that the petition of Congrefs was gracioufly received by the King ; and that the merchants of England were petition- ing in our favor. This revived our hopes. Soon after we were informed, that the Par- liament had voted the exillence of a rebellion in Malfachufetts ; and that the other Colo- nies were aiding and afllfting : That the Lords and Commons had addreifed the King, to enforce the revenue-acls, and had allured him, that they would (land by him, with their lives' and fortunes : That the King had de- manded an augmentation of his forces, by fea and land : That the commerce of the New-England Colonies was to be rcflrained, 292 HISTORY or 1775. and their fifliery prohibited ; and that an ad- ditional number of troops, horfe and foot, were ordered to America. Thefe tidings threw us into dillrefs. A warfeemed inevi- table ; and a gloom overfpread the whole country. The people of Bofton began to re- move from the town ; and thofe, who could not remove, were folicitous to fecure their mod valuable efFedls. In the midfl of this diilrefs, a frigate arrived exprefs from Eng- Aprii 14. land ; with an account of a propofal made and voted in Parliament, which was called Lord North's conciliatory propofition. It was this ; * that when any Colony by their ' Governor, Council and AfTembly, {hall en- ' gage to make provifion, for the fupport of * civil government, and adminiftration of juf- * tice, in fuch colony ; it will be proper, if * fuch propofal be approved by the King and * Parliament, for fo long time as fuch pro- * viHon fliall be made, to forbear to levy any * duties or taxes in fuch Colony, except for * the regulation of Commerce ; the neat pro- * ceeds of which fhall be carried to the ac- * count of fuch Colony refpedlively.' The troops, however, were to remain ; and the refra(5lory Colonies were to be punifhed. This propofition was faid to be founded on fome advice, received from New-York, that if conceffions were made bv Parliament, they would cenfure the proceedings of Congrefs, and break the union of the Colonies. The propofal was evidently a bait thrown out to divide us, and tempt us to defert the Colony of Maffichufects ; who could not comply, without fubmitting to the alteration, lately made by Parliament in their charter. NEW-HAMPSHIRE. 293 AVhat might have been the effc6l of this 1775k propofition in the other Colonies, if it had been allowed time to operate, is uncertain. The conduct of General Gage, on receiving this news, was in the highell degree abfurd and inconfiflent. He had been blamed in Parliament for his inacflivity. He h^d friends in Bofton, who conftantly afTured him, that the people in the country would not dare to face his troops. He had been informed of a magazine of provifions and flores, at Con- cord, laid up by the Provincial Congrefs, in cafe of extremity. With the news of the conciliatory propofition, he received orders to make an experiment of its fuccefs. On the AprUx*. eighteenth day of April, he iffued writs for calling a general Aifembly, to comply with the propofed terms of reconciliation ; and in the night following, he privately difpatched a body of his troops, to deilroy the magazine at Concord ; and to feize fome of the lead- ers of oppofition, who had retired from the town. He was induced to believe, that if be- tween the ilTning of his writs, and the meet- ing of the Aflembly, he could .flrike a bold Ib'oke ; it would io intimidate the people, and unfit them for defence, that they would eafily comply with the terms propofed. Bur he totally miftook the genius of the people of New-England. Nor were his defigns car- ried on fo fecretly as he imagined. The popular leaders were feafonably apprifed of their danger, and kept themfelves out of his reach. The country was alarmed, by ex- prefTes fent off in the night, before he had taken the precaution to Ihut the avenues of the town. A company of armed citizens 294 HISTORY OF 1775. kept guard at Lexington, on the road to Con- cord. The Britifli troops, when they appear- ed in the morning, having ordered them to ] difperfe, fired upon them, as they were re- tiring, and killed feveral on the fpot. They April 19. then proceeded to Concord, and deflroyed fuch of the {lores as had not been removed ; and having accompliflied their obje6l, as far as they were able, they retreated through Ihowers of mufquetry from the people, who fuddenly colledled from all quarters to op- pofe them. On the alarm of this a6l of hoflility, the people of New-Hampfliire, and of the other Colonies, took arms, and flew to the alTiftance of their brethren. Notwithftanding this ill-advifed and un- fuccefsful attempt of Gage, Governor Went- worth had very fanguine hopes of the good effcdl of the * conciliatory propofition ;' and determined, as he faid, ' to plant the root of ' peace in New-Hamplhire.' He fummoned a new AlTembly ; and in his fpeech, entreat- ed them, as * the only legal and conftitution- * al Reprefentatives of the people, to direct ' their counfels to fuch meafures, as might * tend to fecure their peace and fafety ; and ' efFedually lead to a reftoration of the pub- * lie tranquillity ; and an alFedlionate recon- * ciliation with the mother country.' The Houfe defired a ihort recefs, that they might advife with their conftituents on fo momen- tous a queflion ; and the Governor relud- antly confented to adjourn them to the twelfth day of June. In the mean time, the officers and men of the Scarborough began to difmantle the fort ; Msy 4* NEW-HAMPSHIRE. 295 they alfo ftopped two vefTels laden with pro- 1775. vifions, which were coining into the harbor; and notwithftanding the moll preffing remon- ftrances of the inhabitants, and felicitation of the Governor, refufed to releafe them. Upon this, a body of armed men, went to a battery on Jerry's point, at Great-ifland, and May 26. took away eight cannon of twenty-four and thirty-two pound ihot, which they brought up to Portfmouth ; and whilft they were en- gaged in this work, the Canfcau floop convoy- ed\he two provifion veifels to Bofton, for the fupply of the iicet and army. ^ A new convention was at this time fittmg at Exeter ; in which the Province was more fully and equally reprefented, than it ever had been before. They pafled votes of thanks to thofe who had taken the powder and guns from the fort, in the preceding winter, and to thofe who had removed the cannon from the battery. They alfo inflruaed the Rep- refentatives, how to ad at the next meeting of the Aflembly ; and the voice of the con- vention was regarded by the Houfe, as the voice of their conflituents. At the adjournment, the Governor again janci*. recommended ' the conciliatory propofition.* The firft ftep which the Houfe took, was in obedience to the voice of the convention, to expel three members whom the Governor had called by the King s writ, from three new townfliips; whilft many other towns, of much older ftanding, and more populous, were ne- gleded, and never enjoyed the privilege of reprefentation, but in the newly eftablilhed conventions. The Governor then adjourned the Aflembly to the eleventh of July. One ^6 HISTORY OF 1775. of the expelled members, having fpoken his mind freely without doors, was affauked by the populace, and took ihelter in the Gover- nor's houfe. The people demanded him, and brought a gun, mounted on a carriage, to the door ; upon wdiich the offender was delivered up, and conveyed to Exeter. The Governor, conceiving himfelf infulted, retired to the fort ; and his houfe became afccne of pillage. July n. When the Affembly met again, he fent a mefiage from the fort, and adjourned them to the twenty-eighth of September ; but they never met any more. He continued under the protedion of the Scarborough, and an- other fliip of war, till all the remaining can- Aug. 24. jion of the fort were taken on board, and then failed for Boflon. In September he came to the Ifles of Shoals, and there iffued a proclamation, adjourning the Affembly to the next April. This was the lafl ad of his adminiflration, and the lafl time that he fee liis foot in the Province. Thus an end was put to the Britifh Government in New- Hampfliire, when it had fubfifted ninety-five years. From this view of the adminiftrationof Gov- ernor Wentworth, it is eafy to conclude, that his intentions were pacific ; and whilfh the temper of the times allowed him to adl agree- ably to his own principles, his government was acceptable and beneficial ; but when mat- ters had come to the worft, his faults were as few, and his conduct as temperate, as could be expedled from a fervant of the Crown. If ^a comparifon be drawn, between him and mod of the other Governors on this conti- nent, at the beginning of the revolution, be NEW-HAMPSniREo 297 rTAiffc appear to advantage. Inflead of widen- 1775. ing the breach, he endeavored to clofe it ; and when his efiorts failed, he retired from a fituation, where he could no longer exercife the office of a Governor ; leaving his eftate -and many of his friends ; and prefervingonly his commilfion, as furveyor of the King's •woods ; the limits of which were much con- traded by the fucceeding revolution. O Q ^9^ HrSTORY OF CHAR XXV. War 'with Britain. Change of Government. Temporary CoK' Jiitution. Independence. Military exertions. Stark'j Ci'- p-edilion. Eviplspfient of troops during the ivar. 1^^^^ When the controverfy with Bri- tain fhewed fymptoms of hoflility, and ths defign of the Miniflry and Parliament to pro- voke us to arms became apparent ; the peo- ple of New-Hampfiiire began ferioully to meditate the defence of their country. It was uncertain in what manner the fcene would open ; for this and other reafons no regular plan of operations could be formed. By the old militia law, every male inhabitant, from fixteen years old to fixty, was obliged to be provided with a mullcet and bayonet, knapfack, cartridge-box, one pound of pow- der, twenty bullets and twelve flints. Every town was obliged to keep in readinefs one barrel of powder, two hundred pounds of lead and three hundred flints, for every fixty men ; befide a quantity of arms and ammu- nition for the fupply of fuch as were not able to provide themfelves with the necefTary articles. Even thofe perfons who were ex- empted from appearing at the common mili- tary trainings, were obliged to keep the fame arms and ammunition. In a time of peace, thefe requifitions were negle(5led,and the peo- ple in general were not completely furniflied, nor the tov/ns fupplied according to law. The care which the Governor had taken ta appoint ofEcers of militia and review the re- giments, for fome years before, had awaken- NEW-HAMPSHIRE. 299 -ed their attention to the duties of the parade; 1775. which were performed with renewed ardor, after the provincial convention had recom- mended the learning of military exercifes and manoeuvres. Voluntary allociations were formed for this purpofe, and the mofl expe- rienced perfons were chofen to command on thcfe occafions. To prevent falfe rumors and confufion, the committees of infped:ion in each town were alfo committees of corref- pondence, by whom all intelligence concern- ing the motions of the Britilh, were to be communicated ; and proper perfons were re- tained to carry expreffes when there fliould be occalion. In this flate of anxiety and expectation ; when an early fpring had invited the huf- bandman to the labor of the field ; General April i^. Gage thought it proper to open the dra- ma of war. The alarm was immediately communicated from town to town through the whole country, and volunteers flocked from all parts ; till a body of ten thoufand men aflembled in the neighborhood of Bof- ton, completely invefted it on the land fide, and cut off all communication with the country. On the firft alarm, about twelve hundred men marched from the neareft parts of New- Hampihire, to join their brethren, who had aflembled in arms about Bofton. Of thefe, fome returned ; others formed themfelves into two regiments, under the authority of the MalTachufetts Convention. As foon as May 17-, the Provincial Congrefs of New-Hamplhire met, they voted to raife two thoufand men, to be formed into three regiments ; thofe 300 HISTORY OF 1775. which were ah'eady there to be accounted as two, and another to be inlifled immediately. Thefe men engaged to ferve till the lail day of December, unlefs fooner difcharged. The command of thefe regiments was given to the Colonels John Stark, James Reed and Enoch Poor. The two former were prefent in the memorable battle on the heights of June 17. Charleftown, being pofted on the left wing, behind a fence ; from which they forely gall- ed the Britifh as they advanced to the attack, and cut them down by whole ranks at once. In their retreat they loft feveral men, and among others, the brave Major Andrew McClary, who was killed by a cannon IhoC after he had palTed the ifthmus of Charlef- town. On the alarm occafioned by this bat- tle, the third regiment collcdled and marched June so. to the camp ; and with the other New-Hamp- fhire troops was polled on the left wing of the army at Winter-Kill, under the imme- diate command of Brigadier-General Sulli- van, who with the other general officers, re- ceived his appointment from Congrefs. It had been a common fentiment among the Britilh troops, that the Americans would not dare to fight with them. This battle ef- fectually convinced them of their miftake. They found that fighting with us was a feri- ous thing ; and the lofs which they fuftained in this battle, evidently had an influence on their fubfequent operations. Whilft the Scarborough frigate remained in the harbour of Pafcataqua, frequent bick- erings happened between her crew and the inhabitants. Captain Berkeley feized all in- ward bound vefTels, and fent them to Eoflon, NEW-HAMPSHIRE. 501 He alfo prevented tlie boat* belonging to the 1775* river from going out to catch filh. This con- d 11(51 was conformable to the orders which he had received to execute the reftraining acl. In return, his boats were not permitted to fetch provifions from the town ; and one of them was fired upon in the night, by Ibme of the guards ftationed on the Ibore. A com- promife, at length, was made between him and the committee of the town ; open boats were permitted to pafs, to catch filh for the inhabitants ; and his boats were allowed to take frefli provifions for the ufe of the fiiip. This agreement fabfiiled but a Ihort time, and finally all intercourfe was cut off. After the departure of the Ihip, the peo- ple went in volunteer parties, under the di- '^"^"^ ^'^" redion of Major Ezekiel Worthen, whom the convention appointed Engineer, and built forts on the points of two iilands, which form a narrow channel, about a mile below the tov/n of Portimouth. One of thefe was called Fort Wafiiington, and the other Fort Sullivan. The cannon which had been faved from the old fort and battery were mounted here, and the town was thought to be fee u re from being furprifed by fnips of war. The tenth of September was the lafi: day sept. i«. of exportation fixed by the general Congrefs. Mofl of the vefiTels which failed out of the hai'bor were feized by the Britiih cruifers and carried into Bollon. One was retaken by a privateer of Beverly and carried into Cape- Anne. In the following month, feveral Britifli oaoberxs. armed vefTels Vi^ere fent to burn the town of Falmouth ; which was in part cfieded, by S02 HISTORY OF 1775. throwing carcafes and fending a party on Ihore, under cover of their guns. It was fuf- pedled that they had the fame defign againfl Portfmouth. General Wafliington difpatch- ed Brigadier General Sullivan from the camp at Cambridge, with orders to take the com- mand of the militia and defend the harbour ©f Pafcataqua. On this occafion, the works €re(5led on the illands were flrengthened ; a boom, conftrutfted with mafts and chains, was thrown acrofs the Narrows, which was feveral times broken by the rapidity of the current, until it was found impofTible to fe- cure the paflage by fuch means ; an old ihip was fcuttled and funk in the northern chan- nel of the river ; a company of rifie-men, from the camp, was pofted on Great-Ifland ; and fire-rafts were conftrudled to burn the enemy's fliipping. Thefe preparations ferved to keep up the fpirits of the people ; but many families, not thinking themfelves fafe in Portfmouth, removed into the country,and there remained till the next fpring. A fpirit of violent refentment was excited againil all who were fufpedled of a difpofi- tion inimical to the American caufe. Some perfons were taken up on fufpicion and im- prifoned ; fome fled to Nova-Scotia, or to England, or joined the Britifli army in Bof- ton. Others were reftridled to certain lim- its and their motions continually watched. The paffions of jealoufy, hatred and revenge were freely indulged, and the tongue of fl:an- der was under no reftraint. Wife and good men fecretly lamented thefe exceffes ; but no effedlual remedy could be adminiftered. All commillions under the former authority be- NEW-HAMPSHIRF. 303 ^ng annulled, the courts of juftice were fliut, 1775. and the fword of magiftracy was Iheathed. The Provincial Convention direded the gene- ral alfairs of the war ; and town committees had a dif(:retionary, but undefined power to prefcrve domeftic peace. Habits ot decency, family government, and the good examples of influential perfons, contributed more to maintain order than any other authority. The value of thefe fecret bonds of foeiety was now more than ever confpicuous. In the convention which met at Exeter, in May, and continued fitting with but little in- ms Rec- terruption till November, one hundred and vcmion, two towns were reprefented, by one hundred and thirty-three members. Their firil care was to eflablilh poll offices ; to appoint a com- mittee of fupplies for the army, and a com- mittee of fafety. To this lall: committee, the general inftru6lion was fimilar to that, given by the Romans, to their Dictators, ' to take ' under confideration, all matters in which * the welfare of the Province, in the fecurity * of their rights, is concerned ; and to take ' the utmoft care, that the public fuftain no ' damage.'* Particular inftrudlions were giv- en to them, from time to time, as occafioa required. They were confidered as the fu- preme executive ; and during the recefs of the convention, their orders and recommend- ations had the fame effedl as the ads and re- folves of that whole body. By an order of the convention, the former Secretary, Theodore Atkinfon, Efq. delivered up the province records, to a committee which was fent to receive them, and Ebenezei^ • • Ne quid detrinicnti rcfpublica capiat.' 304 HISTORY 0¥ 1775. Thorn pfoiijEfq. was appointed in his place, The records of deeds, and of the probate of- fice, for the county of Rockingham, were alfo removed to Exeter, as a place of greater fafe- ty than Portfmouth. The former Treafurer^ George Jaffrey, Efq. was applied to for the public money in his hands, which, to the amount of one thoufand five hundred and fix* teen pounds four {hillings and eight pence, he delivered ; and Nicholas Gilman, Efq. was ap- pointed Treafurer in his room. During this year, three emifiions of paper tiills were made. The firft, of ten thoufand and fifty pounds j the fecond, of ten thouiand pounds ; and the third, of twenty thoufand pounds. For the amount of thofe fums, the Treafurer gave his obligation in fmall notes, which palled for a time, as cvuTent money, -equal in value to filver and gold. But as emiifions were multiplied, as the redemption of the bills was put oiF to diflant periods, and the bills themfelves were counterfeited, it was impofiible for them long to hold their value. Befide the three regiments which made part of the American army at Cambridge, a company of artillery was raifed to clo duty at the forts. A company of rangers was poft- ed on Connecticut river ; and two companies more were appointed, to be ready to march "wherever the committee of fafety fhould di- reS:. The whole militia was divided into twelve regiments ; the field officers were ap- pointed by the convention, and the inferior 'officers were chofen by the companies. Out •of the militia were inliiled four regiments of minute-men, fo called, becaufe they were to be ready at a minute's warning. They were NEW-HAMPSHIRE. 305 Gonitandy trained to military duty, and when 1775. called to fervice were allowed the fame pay as the regiments in the continental army. In the iucceeding winter, when the Conne6liciit forces had withdrawn from the camp, be- caufe their time of fervice was expired, fix- teen companies of the New-Hampfliire mili- tia, of fixty-one men each, fupplied their place, till the Britiili troops evacuated Bofton. The convention having been appointed for fix months only ; before the expiration of that time, applied to the general Congrels for their advice, refpedling fome mode of govern- ment for the future. In anfwer to which, the Congrcfs recommended to them, ' to call ^ov 3. * a full and free reprefentation of the people; ' that thefe Repreientatives, if they fhould ' think it neceffary, might eflabliih fuch a ' form of government, as, in their judgment, * would beil conduce to the happinefs of the * people, and mod effedlually tend to fecure * peace and good order in the Province, du- ' ring the continuance of the difpute between ' Great-Britain and the Colonies.' On re- ceiving this advice, the convention took into their confideration the mode in which a full Nov. 14. and free reprefentation fliould be called ; and finally agreed, that each eledlor iliould pof- fefs a real eilate of twenty pounds value, and every candidate for eleclion, one of three hundred pounds ; that every town, confift- ing of one hundred families, fliould fend one Reprefentative, and one more for every hun- dred families ; and that thofo towns which contained a lefs number than one hundred fliould be clafTed. They had before ordered a furvey to be made of the number of peo- Pp 306 HISTORY OF 1775* pie in the leveral counties ; and having ob- tained it, they determined, that the number of Reprefentatives to the next convention, fhould bear the following proportion to the number of people, viz. Rockingham, 37850 people 38 Reprefenta- StrafFord, 12713 13 tives. Hillfborough, 16417 17 Chefliire, 11089 15 Grafton, 4101 6 Not. 1 6. In all - - 82200 89 Thefe Reprefentatives were to be empower- ed, by their conflituents, to afTume govern- ment as recommended by the general Con- grefs, and to continue for one whole year from the time of fuch aiTumption. The wa- ges of the members were to be paid by the feveral towns, and their travelling expenfes out of the public treafury. Having formed this plan, and fent copies of it to the feveral towns, the convention diflblved. This convention was compofed chiefly of men who knevv'- nothing of the theory of gov- ernment, and had never before been concern- ed in public bufinefs. In the fhort term of fix months, they acquired fo much knowledge by experience, as to be convinced, that it was improper for a legiflative AfTembly to con- lifh of one Houfe only. As foon as the new convention came together, they drew up a Occtt. temporary form of government ; and, agree- ably to the trull repofed in them by their 1776. conflituents, having aflumed the name and authority of a Houfe of Reprefentatives, they Jan. 5- proceeded to choofe twelve perfons, to be a diftind branch of the legiflature,by the name I NEW-HAMPSHIRB. 3"* of a Council. Of thefe, five were cliofen 1776. from the county of Rockingham, two from Strafford, two from Hillfborough, tw^o from Chefliire and one from Grafton. Thefe were empowered to elea their own Prefident, and any f even of them were to be a quorum. It was ordained, that no ad or refolve (hould be valid, unlefs pafTed by both branches ot the legiflature ; that all money bills Ihould originate in the Houfe of Reprefentatives j tha\ neither Houfe iliould adjourn for more than two days, without the confent of the other ; that a Secretary, and all other public officers of the Colony, and of each Co^y^ty, for the current year, all general and field of- ficers of militia, and all officers of the march- ing regiments, fliould be appointed by the two Houfes ; all fubordinate militia officers by their refpedive compaiiiee ; that the pre- fent Alfembly fliould fubfift one year, and it the difpute with Britain fliould continue lono-er, and the general Congrefs fhould give no direaions to the contrary, that precepts fliould be iffued annually to the feveral towns on or before the firfl day of November for the choice of Counfellors and Reprefentatives, to be returned by the third Wednefday in December. In this hafty produdion, there were lome material defeas. One was the want of an executive branch of government. To reme- dy this, the two Houfes, during their feffion, performed executive as well as legiflative du- ty ; and at every adjournment appointed a committee of fafety, to fit in the recefs, with the fame powers, as had been given in the preceding year, by the convention. The 308 HISTORY OF 1776. number of this committee varied from fix to fixteen. The Prefident of the Council was alfo Prefident of this executive Committee. The perfon chofen to fill this chair was an old, tried, faithful fervant of the public, the honorable Mesh EC H Weare, Efq. who was alfb appointed Chief Juftice of the Superior Court. So great was the confidence of the people in this gentleman, that they fcrupled not to invefl him, at the fame time, with the highefl offices, legiflative, executive, and ju- dicial ; in which he was continued by an- nual eledions during the whole war. This conflitution was prefaced with fever- al reafons for adopting government,viz. That the Britifh Parliament had, by many griev- ous and oppreiTive ads, deprived us of our native rights ; to enforce obedience to which ads, the miniftry of that kingdom had fent a powerful fleet and army into this country, and had wantonly and cruelly abufed their power, in deflroying our lives and property ; that the fudden and abrupt departure of our late Governor, had left us deftitute of legif- iation ; that no judicial Courts were open to puniHi offenders ; and that the continental Congrefs had recommended the adoption of a form of government. Upon thefe grounds the convention made a declaration in thefe v/ords, « We conceive ourfelves reduced to the ' 7iec(il]ity of eftablifhing a forn^ of govern- * ment, to continue during the-' prefent un- * happy and unnatural conteft with Great- ' Britain ; protefting and declaring, that we ' never fought to throw off our dependence ' on Great-Britain ; but felt ourfelves happy ' imder her protedion, whilfl we could enjoy NEW-HAMPSHIRE. 309 ' our conftitutional rights and privileges ; 1776, * and that we Ihall rejoice, if fuch a reconcili- ' ation between us and our parent State can ' be efFecled, as ihall be approved by the con- * tinental Congrefs, in whofe prudence and ' wifdom we confide.' Such was the language, and fuch were the fentiments of the people at that time ; and had the Britiih government, on the removal of their troops from Bofton, treated with us, in anfwer to our laft petition, upon the prin- ciple of reconciliation ; and rellored us to the ftate in which we were before the flamp- a6l was made, they might even then, have preferved their connexion with us. But in the courfe of a few months, we not only found our petitions difregardcd, and our pro- feffions of attachment to the parent flate treated as hypocritical ; but their hoftile in- tentions became fo apparent, and our fitua- tion was fo fingular, that there could be no hope of fafety for us, without difTolving our connexion with them, and afiuming that equal rank am.ong the powers of the earth for which nature had deftined us, and to which the voice of reafon and Providence loudly called us. Britain had engaged for-^ eign mercenaries to affifl in fubjugating us ; juftice required that we fliould in our turn court foreign aid ; but this could not be had, whilfl we acknowledged ourfelvcs fubjccT:s of that Crown againfl whofe power we were flruggling. The exertions which we had. made, and the blood which we had fhed, were deemed too great a price for reconcilia- tion to a pov\^er which Hill claimed the right ' to bind us in all cafes wliatfoever,' and i 310 HISTORY OF 1776. which held out to us unconditional fubmif- iion, as the only terms on which we were to expe6l even a pardon. Subjection to a Prince who had thrown us out of his protedlion ; who had ruined our commerce, deftroyed our cities and fpilled our blood ; and who would not govern us at all, without the interpofi- tion of a legiflative body, in whofe election we had no voice, was an idea too abfurd to be any longer entertained- Thefe fentiments, being fet in their juft light by various publi- cations and addrefTes, had fuch force as to produce a total change of the public opinion. Independence became the general voice of the fame people, who but a few months before had petitioned for reconciliation. When this could not be had, but on terms diigraceful to the caufe which we had undertaken to fup- port, we were driven to that as our only ref- uge. The minds of the people at large in moil of the Colonies being thus influenced, they called upon their delegates in Congrefs to execute the adl which lliould fever us from foreign dominion, and put us into a fituation to govern ourfelves.* July 4. ^^ ought ever to be remembered, that the declaration of our independence was made, at a point of time, when no royal Governor had even the fhadow of authority in any of the Colonies ; and when noBritifh troops had any footing on this Continent. The coun- try was then abfolutely our own. A formi- dable force was indeed collected on our coafts, ready to invade us ; and in the face of that * On the iith of June 1776, a committee was chofen by the Affetn- bly of New-HacnpiTiirc ' to make a draught of a declaration of the Gen- ' eial AlT. mb y for the Independence of the united Colonies on Great- ' Britain^ to be tianfcnicted to our delegates io Coogrcfs.' NEW-HAMPSHIRE. 311 armament this decifive ftep was taken. The 1776. declaration was received with joy by the Amer- ican army then alTembled at New- York. Within fourteen days it was publifhed by beat j^,^ ^^ of drum in all the ihire towns of New-Hamp- Ihire. It relieved us from a ftate of embar- raffment. We then knew the ground on which we flood, and from that time every thing jiiTumed a new appearance. The jar- gon of dillindlions between the limits of au- thority on the one fide, and of liberty on the other, was done away. The fingle queftion was, whether we fhould be conquered Prov- ^^^f^^. inces, or free and independent States. On *^«-- ;f* this queftion, every perfon was able to form Revolution his own judgment ; and it was of fuch mag- ?• -J^' ^^ nitude that no man could be at a lofs to flake his life on its decifion. It is amufmg to recolledl, at this diflance of time, that one effecl of independence was an averfion to every thing which bore the name, and marks of royalty. Sign boards on which were painted the King's arms, or the crown and fceptre, or the portraits of any branches of the royal family, were pulled down or defaced. , Pidlures and efcutcheona of the fame kind in private houfes were in- verted or concealed. The names of ftreets, which had been called after a King or Queen were altered ; and the half-pence, which bore the name of George III, were either refufed in payment, or degraded to farthings. Thefe lafl have not yet recovered their value. The new Affembly began their adminif- tration by eflablifhing Judicial Courts, on the fame fyflem as before, excepting that the Court of Appeals, which had long been ef- 312 HISTORY OF 1776. teemed a grievance, was abolillied, and all appeals to Great-Britain were prohibited. Appeals from the Probate Courts, which for- merly came before the Governor and Coun- cil, were transferred to the Superior Court, whofe judgment was now made final. En- couragement w^as given to fit out armed vef- feis, and a maritime Court was eftabiifhed for the trial of captures by fea. A law was made to puniih the counterfeiting of the pa- per bills of this and of the United States ; and to make them ' a tender for any money due * by deed or fimple contradl.' After the de- c:laration of independence the ftyle of Colo??)' was changed for that of the State of NeW- Hamplhire. A new law was enadled to reg- ulate the militia. More paper bills were if- fued to pay the expenfes of the w^ar ; and provifion was made for drawing in fome of the bills by taxes. Doubts had arifen, whether the former laws were in force ; a fpecial a61: was therefore paffed, reviving and re-ena(5l- ing all the lavv^s w^hich were in force, at the time when government was allumed ; as far as they were not repugnant to the new form, or to the independence of the Colonies, or not adlually repealed. May ai. The: Congrcfs having ordered feveral frig- ates to be built in different places ; one of thirty-two guns, called the Raleigh, was launched at Portirnouth, in fixty days from the time when her keel was laid ; but for want of guns and ammunition, and othet neceffaries, it was a long time before fhe was completely fitted for the fea. The making of falt-petre was encouraged by a bounty ; and many trials were made before it was pro- NEW-HAMPSHIRE. 313 ducecl in purity. Powder mills were erecl- 1776. ed, and the manufadlure of gunpowder was, after fomc time, eftablifhed ; but notwith- flanding all our exertions, foreign fupplies w^ere neceflary. For the fervice of this year, two thoufand men were raifed, and formed into three regi- ments, under the fame commanders as in the former year. Three hundred men were poll- ed at the forts in the harbour. Supplies of fire arms and ammunition were fent to the weflern parts of the State, and a regiment was raifed in that quarter, under the com- mand of Col. Timothy Bedel, to be ready to march into Canada. The three regiments v,^ent with the army under General Wafhington to New^-York ; and thence were ordered up the Hudfon, and down the lakes into Canada, under the im- mediate command of Brigadier General Sul- livan. The defign of this movement was to fuccour and reinforce the army, which had beer\ fent, the preceding year, againft Que- bec ; and which was now retreating before a fuperior force, which had arrived from Britain, as early as the navigation of the St. Lawrence was opened. Our troops having met the retreating army at the mouth of the Sorel, threw up fome flight works round their camp. General Thomas, who had command- ed the army after the fall of the brave Mont- gomery, was dead of the fmall-pox. Arnold was engaged in ftripping the merchants of Montreal, under pretence of fupplying the army ; and Thompfon was taken prifoner in an unfuccefsful attack on the village of Trois Rivieres. The command therefore devolved 314 HISTORY or 1776. Oil Sullivan, vv^ho, finding a retreat necelTary, coad;d(fled it with great prudence. At this time the American troops, and in particular the regiments of New-Hampfhire, had taken the infedlion of the fmall-pox. The iick were placed in batteaux, and with the cannon and ilores, v/ere drawn againil the rapi-d current, by the ftrength of men on fliore, or wading in the water ;. and fo clofe v/as the purfuitof the enemy, that they could fcarcely find tnne to kindle a fire to drefs their vidluals, or dry their clothes. At St. John's the purfulr ^"^^ ^" ceafed. On the arrival of our army at Ti- conderoga, Sullivan, being fuperfeded by Gates, returned to the ir^ain army at New- York. The troops in the northern depart- ment being reinforced by the militia of the neighbouring States, fortified the polls of Ticoaderoga and Mount Independence. Be- fide the fmall-pox, a dyfentery and putrid fe- ver raged among them ; and it was compu- ted, that of the New-Hampllrire regiments^ nearly one third part died this year by iicknefs. \¥hen the danger of an attack on Ticon- deroga for that feafon, was paiTed, the re- maining part of the New-Hampfliire troops marched by the way of the Minifinks, into Pennfylvania. There they joined General Wafliington, and aflifiied in the glorious cap- ture of the Heflians at Trenton, and after- ward in the battle of Princeton. Though DercTiW •^,Qj.jT^ down witli fatigue, and almofl defti- CC January, ^ ^ . . tute of clothing, in that inclement feafon; they continued in the fervice fix weeks after the term of their enliftment had expired ; and two repiments of the militia which were o fent to reinforce the army remained till March; NEXV-HAMPSH1R£. ^^"^ By this time the inconvenience of main- 17?7« taining an army, by annual enliftments and temporary levies, was feverely felt, and gen- erally reprobated ; and the Gongrcis, though flow in liftening to remonftrances on this head, were obliged to adopt ti more perma- nent eftablilliment. In recruitmg tae army for the next vear, the officers were appomted by Congrefs; during the war ; and the men enlifted eithel^ for that term,ar for three years. The commanders of the three regiments ot New-Hampihire,were the Colonels JokphCii- lev, Nathan Hale and Alexander Scammell. Thef^ regiments were fupplied with new French arms ; and their rendezvous was at Ticonderoga, under the immediate command of Brigadier General Poor. There they re- mained, till the approach of the Britiih army juiy 6. under General Burgoyne, rendered it eligi- ble to abandon that poft. On the retreat. Col Hale^s battalion was ordered to cover the rear of the invalids, by which means he was feven miles behind the main body. The next morning he was attacked, by an advan- ced party of the enemy at Hubberton. In this engagement, Major Titcomb of the New- Hampiliire troops, was wounded. C-ol. i xale. Captains Robertfon, Carr, and Norris, Adju- tant Elliot, and two other officers were taken prifoners, with about one hundred men. The main body of the army continued theif , retreat to Saratoga. On their way they had a fkirmiOi with the enemy at Fort Anne, in which Captain Weare, fon of the Prefident, was mortally wounded, and died at Albany. Immediately after the evacuation ot Ti- conderoga, the committee of the New-Hamp- 316 HISTORY OP July 17 1777. flilre Grants (who had now fornied them- July 8. ^^'ives into a new State) wrote in the moft w.'sin P^'^^'^^^^g terms, to the committee of Safety at file P:xeter for affiftance, and faid that if none fliould be afforded to them, they fliould be oljliged to retreat to the New-England States for fafety. When the news of tliis affair reached New-Hampiliire, the Affembly had fimlhed their fpring feffion and returned home. A fum mens from the committee brought them together again ; and in a ihort feffion of three days only, they took the moft effectual and decifive fteps for the defence of the country. They formed the whole militia of the State into two Brigades ; of the firft they gave the command to William Whipple, and of the fecond to John Stark. They order- ed one fourth part of Stark's brigade, and one fourth of three regiments of the other brig- ade, to march immediately under his com- mand, ' to flop the progref s of the enemy on * our^ wefiern frontiers.' They ordered the militia officers, to take away arms, from all perfons, who fcrupled or refufed to affift, in defendhig the country ; and appointed a day of fafting and prayer, which was obferved with great folemnity. The appointment of Stark, to this com- mand, with the lame pay as a Brigadier in the Continental fervice, was peculiarly grateful to the people as well as to himfelf. In an arrangement of general officers, in the prece- ding year. Poor a junior officer had been pro- moted, whilft he was negleded. He had written on this fubjea to Congrefs, and his letters were laid on the table. He therefore quitted the army, and retired to his own NEW-HAMPSHIRE, 317 flate. He was now by the unanimous voice 1777. of his fellow citizens, invefted with a feparate command, and received orders to 'repair ' to Charleftown on Connedicut river ; there Tordllllo ' to confult with a committee of New-Hamp- ^''• ' fhire Grants, refpecling his future operations ' and the fupply of his men with provifions ; ' to take the command of the militia and * march into the Grants to ad in conjunction ' with the troops of that new State, or any other ' of the States, or of the United States, or ' feparately, as it fhould appear expedient to * him ; for the protection of the people and * the annoyance of the enemy.' In a few days he proceeded to Charleftown, and as fafl as his men arrived, he fent them forward, to join the forces of the new State, ^""'^ ''' under Col. Warner, who had taken poll at ^^',"21'''^ Manchefler, twenty miles northward of Ben- '"'" nington. Plere Stark joined him, and met with General Lincoln, vv^ho had been lent from Stillwater, by General Schuyler, com- Riander of the northern department, to con- dud the militia to the weft fide of Hud- fon's river. Stark informed him of his or- ders, and of the danger which the inhabitants of the Grants apprehended from the enemy, and from their difaffeded neighbours ; that he had confulted with the committee, and that it was the determination of the people, in cafe he fhould join the Continental army and leave them expofed, that they would retire to the eaft of Connedicut river ; in which cafe New- Hampftiire would be a frontier. He there- fore determined to remain on the flank of the enemy, and to watch their motions. For Aug ^. this purpofe he colleded his force at Ben> SIS HISTOUY OF 1777. nington, and left Warner with his regiment at Manchefler. A report of this determina- tion was tranfmitted to Congrefs, and the or- ders on v/hich it was founded were by them difapproved ; but the propriety of it was evinced by the fabfequent fa6ls. '° General Burgoyne, with the main body of the Britifli army lay at fort Edward. Thence he detached Lieut. Col. Baum, with about fifteen hundred of his German troops, and of Bnr°" one hundred Indians, to pervade the grants as goync'b or- f^i' as Couneclicut river, with a view to col- '^"" led horfes to mount the dragoons, and cattle, both for labour and provifions ; and to re- turn to the army with his booty. He was to perfuade the people among whom he lliould pafs, that his detachment was the advanced guard of the Britifn army, which was march- ing to Boilon, He was accompanied by Co- lonel Skeene, who was well acquainted with the country ; and he was ordered to fee ure ^is>y^. I,, his camp by night. j^urk's fvis fi-^Q Indians who preceded this detachment, irfi'ics" being difcovered about twelve miles from Ben- nington ; Stark detached Col. Greg, with two hundred men, to flop their march. In the even- ing of the fame day, he was informed that a body of regular troops, with a train of artil- lery, was in full march for Bennington. The Aug. 14. next morning he marched with his whole brigade, and fome of the militia of the Grants, to fupport Greg, who found himfelf unable to withftand the fuperior number of the en- emy. Having proceeded about four miles, he met Greg retreating, and the main body of the enemy purfuing, within half a mile of his rear. When they difcovered Stark's col- Aug. it NEW-HAMPSHIRE. SIO umn,they halted in an advantageous pofition; 1777. and lie drew up his men on an eminence in open view ; but could not bring them to an engagement. He then marched back, about a mile, and encamped; leaving a few men to fkir- milh with them ; who killed thirty of the ene- my and two of the indian chiefs. The next day was rainy. Stark kept his pofition, and fentout parties to harrafs the enemy. Many of the ^ug. is Indians took this opportunity to defert ; bc- cauie, as they faid, ' the woods were full of yankees.' On the following morning Stark was join- ed by a company of militia from the Grants, and another from the county of Berkfliire in Maffichufetts. His whole force amounted to about fixteen hundred. He fent Colonel Nicholsi with two hundred and fifty men, to the rear of the enemy's left wing ; and Colonel Hendrick, with three hundred, to the rear of their right. He placed three hundred to oppofe their front and draw their attention. Then fending Colonels Hubbard and Stickney, with two hundred to attack the right wing, and one hundred more to reinforce Nichols in the rear of their left, the attack began in that quarter precifely at three of the clock in the af- ternoon. It was immediately feconded by the other detachments ; and at the fame time Stark himfelf advanced with the main body. The engagement laded two hours ; at the end of which he forced their breaflworks, took two pieces of brafs cannon and a number of prif- oners ; the reft retreated. Juft at this inftant, he received intelligence that another body of the enemy was within two miles of him. This was a reinforce- 320 HISTORY OF 1777. ment for which Baum had fent, when he flrft knew the force which he was to oppofe. It was commanded by Col. Breynian. Happily Warner's regiment from Manchefter came up with them and flopped them. Stark rallied his men and renewed the adlion j it was warm and defperate ; he ufed, with fuccefs, the can- non which he had taken ; and at fun fee obliged the enemy to retreat. He purfued them till night, and then halted, to prevent his own men from killing each other, in the dark. He took from the enemy two other pieces of cannon, with all their baggage, wag- gons andhorfes. Two hundred and twenty- fix men were found dead on the field. Their commander, Baum, w^as taken and died of his wounds ; befide whom, thirty-three officers, and above feven hundred privates, were made prifoners. Of Stark's brigade four officers and ten privates were killed and forty-two were wounded. In the account of this battle, which Stark fent to the committee of New-HampHiire, he faid, ' our people behaved with the greatefl * fpirit and bravery imaginable. Had every * man been an Alexander, or a Charles of ' Sweden, they could not have behaved bet- *ter.* He was fenfible of the advantage of keeping on the flank of the enemy's main body ; and therefore fent for one thoufand men to replace thofe whofe time had expired ; but intimated to the committee that he him- felf fliould return with the brigade. They cordially thanked him ' for the very eflential ' fervice which he had done to the country,' but earneftly prefTed him to continue in die command j and fent him a reinforcement^ Aog. 18. NEW-HAMPSHIRE. 321 * afTariii^ the men that they v/cre to ferve 1777. * under General Stark.* This argument pre- vailed with the men to march, and with Stark to remain. The prifoners taken in this battle were fent to Bollon. The trophies were divided between New-Hamplhire and Mairachuletts. But Congrefs heard of this vidlory by acci- dent. Having waited fome time in expec- tation of letters, and none arriving ; inquiry was made why Stark had not written to Con- grefs ? Ke anfwered, that his correfpondence with them was clofed, as they had not at- tended to his lafl letters. They took the hint ; and though they had but a few days before refolved, that the inftrutftions v/hich he had received were deftrucflive of military fvibordination, and prejudicial to the com- mon caufe ; yet they prefented their thanks to him, and to the officers and troops under his command, and promoted him to the rank of a Brigadier General, in the army of the United States. This vid:ory gave a fevere check to the hopes of the enemy, and raifed the fpirits of the })eople after long deprefTion. It wholly changed the face of affairs in the northern department. Inftead of difappointment and retreat, and the lofs of men by hard labor and ficknefs ; we now were convinced, not only that our militia could fight without be- ing covered by intrenchments ; but that they were able, even without artillery, to cope with regular troops in their intrenchments, Th« fuccefs thus gained was regarded as a good omen of faither advantages. ' Let us get * them into the woods/ was the language of S2^ HISTORY OF 1777. the whole country. Burgoyne was daily putting his army into a more hazardous fitu- ation ; and we determined that no exertion fliould be wanting on our part to complete the ruin of his bewailed enterprife. The northern army was reinforced by the militia of all the neighbouring States. Brigadier Whipple marched with a great part of his brigade ; befides which, volunteers in abun- dance from every part of New-Hampfhirc flew to the northern army now command- ed by General Gates, Two defperate bat- tles were fought, the one at Stilhvater and the other at Saratoga ; in both of which, the troops of New-Hamplhire had a large ihare of the honor due to the American army. In the former a(5lion, two Lieutenant Colonels, Adams and Colburne, and Lieuten- ant Thomas, were flain in the field ; and fe- veral other brave officers were wounded, one of whom, Capt. Bell, died in the hofpital. In the latter, Lieut. Col. Conner and Lieut. McClary vv^ere killed, vv^ith a great number of their men ; and Col. Scammel was wounded. The confequence of thefe battles was the fur- render of Burgoyne's army. This grand objedl being attained, the Nev^-Hampihire regiments performed a march of forty miles, and forded the Mohawk river, below the f^dls, in the fpace of fourteen hours. The defign of this rapid movement was to check the progrefs of a detachment, commanded by the Britifli General Clinton ; who threatened Albany with the fame deifrudlion which he had fpread in the country below ; but on hearing the fate of Burgoyne, he returned quietly to New-York. The regiments theu NEW-HAMPSHIRE. 323 marched into Pennfylvania and pafTod the 1777. whiter hi huts at Valley-forge. Befide thole officers llain at the northward, we futliained a iofs hi the death of Major Edward Sherburne, Aid de Camp to General Sullivan, who was killed in a bold, but unfuccefsful adion at Germantown. After the capture of Burgoyne's army, all 177S. danger of invafion from Canada ceafed ; and the "theatre of the war was removed to the fouthward. The troops of New-Hamplhire, being formed into a diltind brigade, partook of afl the fervices 'and fufferings, to which their brethren were expofed. In the battle of Monmouth, a part of them were clofely engaged, under the conducl of Col. Cilley and Lieut. Col. Dearborn ; and behaved with fuch bravery as to merit the particular ap- probation of their illuftrious General. They continued v>dth the main body, all that cam- paign, and were hutted, ui the following winter, at Reading. In tiie fummer of 1778, when a French fleet appeared on our coaft, to aid us in the conteft with Britain ; an invafion of Rhode- Ifiand, then pofTefTed by the Britifh, was pro- jeded, and General Sullivan had the com- mand. Detachments of militia and volun- teers, from Mallachufetts and New-Hamp- fliire, formed a part of his troops. But a violent ftorm, having prevented the co-ope- ration of the French fleet, and driven them to fea ; the army, after a few ikirmiflies, was under the difagreeable neceflity of quitting the ifland ; and the retreat was conduced by Sul- livan with the greatefl caution and prudence. When an expedition into the Indian coun- 1779. 324 HISTORY or 1779. try wa?- determined on, General Sullivan was appointed to the command, and the New- Hamplliire brigade made a part of his force. His route v/as up the river Sufquehanna into the country of the Senekas ; a tradl imperfedl- ly known, and into which no troops had ever penetrated. The order of his march was planned with great judgment, and executed with much regularity and perfeverance. In feveral engagements with the Savages, the troops of New-Hampfliire behaved with their ufual intrepidity. Capt. Cloyes and Lieut. McAulav were killed, and Major Titcomb was again badly wounded. The provifions of the army falling fliort, before the objedl of the expedition was completed, the troops generouily agreed to fubiilf on fuch as could be found in the Indian country. After their return, they rejoined the main army, and pafFed a third winter in huts, at Newtown in Connecflicut. In the latter end of this year Sullivan refigned his command and retired, ^^ In the following year, the New-Hamp£hire ^ ' regiments did duty at the important poll of Weft- Point, and afterward marched into Nev.'- Jerfey, where General Poor died. Three regi- ments of militia were employed in the ier- vice of this year. The fourth winter was palTed in a hutted cantonment, at a place called Soldier's Fortune, near Hudfon's river. In the clofe of this year, the three regiments were reduced to two, which were commanded by the Col:)nels Scammel and George Reid. The next year, apart of them remained in 1781. ^^^e State of New- York, and another part marched to Virginia, and were prefent at the capture of the fecond Britiili army, under NEW-HAMPSHIRE. 825 Earl Cornwallis. Here the brave and adlive 1782, Col. Scammel was killed. In the winter, the firftregiment,commanded by Lieut. Col. Dear- born, was quartered at Saratoga, and the fe- cond on Mohawk river ; in which places they were ftationed, till the clofe of the following year ; when the approach of peace relaxed the operations of war. In a few months, the negotiations were fo far advanced, that a trea- ty v\^as made ; and the /?;;?^ royal lips, which from the throne had pronounced us ' revolted * fubjeds,' now acknowledged us as ' free AND INDEPENDENT STATES,' 326 HISTORY OF CHAP. XXVL Paper 'money. Confifcations. State Confiituthn, ControverJ) •with Vermont. i HE war in which we became in- volved with Britain, found us not deflitute of refources, but unilcilled in the art of fi- nance. Former wars had been maintained by a paper currency ; which, though it de- preciated in fome mcafure, yet was finally redeemed by the reimburfements which we received from the Britifh Treafury. We had been alfo ufed to iffue bills on loan, and re- ceive landed property as fecurity for its re- demption. To the fame mode we had re- courfe on this occafion, without either of the foundations on which our former currencies had been fupported. Bills of credit were emitted with no other fund for their redemp- tion than taxation, and that deferred to dis- tant periods. It was imagined that the jus- tice of our caufe, and the united ardor and patriotifm of the people, would preferve the value of thefe bills during the contefl which we were very fanguine would be fliort ; and ,^^ in fa(5l the circulation of them for the firfl ^^* year was fupported by no other means. But being counterfeited, they began to depreciate, and then it was thought neceffary to ena6l a law againft forging them, and to make them July 3. a legal tender in all payments. In fome of the States, thefe bills were made a tender for the interefl:, but not for the principal of for- mer debts ; but in New-Hampfhire, if the creditor fliould refufe them when offered in NEW-HAMPSHIRE. 327 payment, the whole debt was cancelled. Had 1776. this law regarded future contrads only, every man vvrould have known on what terms to make his engagements ; but to declare it le- gal to pay debts, already contracted, with money of an inferior value, was altogether unjuil. It was not in human power to pre- vent a depreclatian of the bills ; and the en- forcing of their currency accelerated the def- truaion of their value. The fraudulent debtor took advantage of this law to cheat his creditor, under colour of juftice ; w^hilft the creditor had no other refuge, than in fome cafes privately to transfer the written ob- ligation ; and in other cafes to refufe the ten- der, at the rifque indeed of lofmg the debt ; but in hope that jutlice w^ould at fome future time have its courfe. Huibandmen, who lived remote from the fcene of hollilities, and who had the produce of the earth at their command, were able to keep their property good. Hawkers and monopolifers, who crept from obfcurity and aflumed the name of mer- chants, could even incrcafe their fubftance in thefe perilous times. But thofe perfons whofe property was in other men's hands j or whofe living depended on ilated falarics ; or whofe honeft minds could not defcend to praaife knavery, though eaabliihed by law, were doomed to fufFer. To palliate thefe evils, at one time, a law i^^>^ was enaded againll monopoly and extortion ; and wdicn found impradicable, it was repeal- ed. At other times, the prices of different articles were dated under fevere penalties ; but ways were foon found to evade thefe ef- tabliflnnents ; and w^hcn found ineffedual, S2S HISTORY Ot 1777. the laws were repealed. It is not confiflenr ■with the nature of commerce to bear fuch rellri(ftlons ; and the laws increafed the evils which they pretended to cure. At another time public lales by auction were prohib- ited, becaufe it was faid that thev were the means of depreciating the currency ; but in fa6l they ferved only to demonftrate its real value. There was a difpofition in the governing part of the people to keep out of light the true caufe of this growing mifchief. Even the general Congrefs, in a public ad- Circuiar ckefs wliich they ordered to be read in the Scot. 13, congregations, ailembled for religious wor- *^^^" fhip, after faying much in praife of paper money, told us, that it was ' the only kind of * money which could not make to itfelf wings ' and ily away.' Kad this been intended as the language of burlefque, it might have been received with a fmile ; in any other fenfe, it "Was an infult to the feelings of honeft men. In the midfl of thefe dillrefles, frequent meetings of different bodies of men were held, to confult on fome pra6licable modes of relief. Committees of counties, and of dif- ferent States, at various times, formed pro- jects, and ilTued public addreffes ; but palli- atives in this, as in all other cafes, foon loft their efficacy. From one of thefe Conventions, holden at Springfield, and compofed of dele- jiiiy and gates from the New-England States and New- wTt^- York ; a letter was addreifed to the general Eutes of Congrefs, which put them on devifing means tioa. to furmount the exifting difficulties. Among other expedients they recommended effedlual taxation, the opening of loan-offices, and that the States individually iliould emit no more NEW-HAMPSHIRE. 329 bills of credit. Thcle were falutary propo- 1777. fals ; but the moft notable efFecfl of this let- . , , ter was a recommendation from Congrefs to ('"ngrcfs, the feveral States * to conhfcate and make °''" *^' ' fale of all the real and perfonal eflates of * fuch of their inhabitants and otlier perfons * as had forfeited the fame, and the right to * the protecflion of their refpe6tive States ; ' and to invefl the money arifing from the * fales in continental loan certificates, to be * appropriated as the refpetStive States Ihould * direct.' This was a delicate point, and required the mod critical difcuffion. It involved a quef- tion of national law ; and fome perfons who were acquainted with the fabjedl, thought fuch a ilep not only illegal, but impolitic and danc:erous. In cafes of war between inde- "^'='f'^i- pendent nations, acknowledging no common fuperior, the acquifition of immoveable pro- perty is not complete till confirmed by a trea- ty of peace. The war between America and Britain was fo far a war between two inde- pendent nations, that the common laws of war ought to have been obferved. Had the eilates of abfentees been taken into poffef- iion, and the income ariiing from them been applied to the fupport of the war; and had the quellion of property remained undecided till the concluiion of a peace, there is no doubt that theState would have been a gainer both in reputation and interefl ; but when we were daily cheating and deceiving ourfelves with a fraudulent paper medium, it is not llrange that the voice of juiUce toward thofe whom we deemed our enemies could not be heard. Ss 3iiiJ HISTORY OF . 1778. The firfl ftep toward executing this re- commendation of Congrefs, was an a6l pro- fcribing certain perfons, to the number of feventy-fix, who had at vario*8s times, and for various reafons, quitted this State. Thefe were forbidden to return without leave, un- der the penalty of tranfportation ; and in cafe of a fecond return, they were to fufter death. The next ftep, was to confifcate the whole eflate, real and pcrfonal, of twenty-eight of the profcribed ; of whom it was declared that they had 'juftly forfeited all right to * protedlion from the State ; and alfo their ' right to any farther enjoyment of their in- ' tereft and property within it.' In thefe adls, no diftintftion was made be- tween thofe perfons who had withdrawn themfelves from the State, by a fenfe of their duty ; thofe who were in facft Britifli fub- ie6ls, but occ:iiionalIy reiident here ; thofe who had abfconded through timidity ; and thofe who had committed crimes againll ex- prefs law, and had lied from juftice. No con- ditional offer of pardon was made ; no time v/as allowed for any to return and enter into the fervice of the country ; but the whole were put indifcriminately into one Mack UJly and ftigmatifed as * having bafely deferted ' the caufe of liberty, and manifefled a dif- * pofition inimical to the State, and a defign ' to aid its enemies in their wicked purpofes.' Some perfons who had legal demands on thefe ei{:ates,had for the fecurity of their debts laid attachments on them ; but by another adl, all attachments which had been made fince the commencement of hoflilities, were declared null and void, and the Courts were required to difmifs them. NEW-HAMPSHIRE. ^^^ Truftees were appointed in each county to 1 / /8. take pofTeffion of all thefe eftates, real and pcrfonal ; and to fell the pcrfonal unmtdi- ately at public auction ; with a difcretionary . power to leave out of the lliie fuch articles as they (hould deem necellary, to the fup- port of the families of the profcribed. To prcferve fome farther appearance of juilice, the creditors of thefe clbites, though they were not allowed to bid at the audions with- out payment, were ordered to exhibit their claims to the truftees, and in cafes of iniol- vency, all claims were to be fettled by the Judges of Probate. Whilfl the fettlement of thefe eflates was going on, the money was rapidly deprecia- ting. After the year 1777, the State iflTued no more bills, and the former were called in and exchanged for Treafurer's notes on in- tereft, of a value not lefs than five pounds. The Continental bills continued pafling and depreciating till the fpring of 1781, when fuddenly, and by general confent, they went out of circulation, and folid coin iucceeded in their place. Then a fcale of depreciation for the preceding years of the war was fra- med, and all pall payments were regulated by it. The treaty of peace obliged us to pro- ceed no farther in the matter of confifcations. By a fubfequent ad, the Judges of Probate were empowered to liquidate by the fcale of ^^^^^^^^.^ depreciation, the funis paid into the Trealury 1783. by the Truftees ; to receive claims agamft the eftates, and to adjufl and certify the fame to the Prefident, who was authorifcd to or- der the Trealurer, to iflue notes, bearing 111- tereft from the time when the faid fums were 332 HISTORY OF 1778. paid into the Treafiiry j which notes the cred- itors were to receive in payment ; but if any of the eflates lliould prove infolvent, then the creditors were to receive their average. In this manner fome of thefe eflates have been fettled and the creditors paid ; others remain unlettled. Some of them barely paid the ex- penles of their management ; others were rendered infolvent. The eflate of the late Governor paid all the demands upon it ex- cepting that of his father ; who generoufly withdrew his claim that the other creditors might be paid in full* The clear profit to * The following papers arc taken from the Regiftry of Probate for the eountv of Rockingham. _ ' P^ocii.gi.7^, f Fth. i6^ ijS6. I hereby certify that the f.,ms apinlt jach jcrfon * name h rein fet down were reipeaively due 'o ■- them the ha riay of ju!y 1782, from the 'eftare of the late Governor, ^ John Wenrworth. E(q at «h:ch time it appears theie had been ,ecei»- ^ td mto the Trcafury^ a fufficitncy to pay all the demands, exhibited ^ agamfl him except his father's ; who has withdrawn his, that the oth.rs m.ght be paid in (uil. P. White, Judge of Probate.' ^ _ Porrfmonrh^ F,.b. 6, 1785 Sir, After confidrring the great delays ^ in U'ttUvg the demands againft the eftate of n.y fon, Governor Went- . 7^ '/"*^ '^^ probability, from the ill mann^remtnt thereof be/ore it Jell under your d.re.*lion. that it will he greatly infolvent ; and feernp ^ lor r.ie diflrefs of many of the creditors, and wifhing that all may have • their juft demands paid^ I have determined to remove their cmbarrall- . r^f \i"' ^^^^ ^* ' ""' ''^ *'f'idrawing my account and claim until theirs be fu.ly at juiled and difthirgcd^ by you or other proper officers Re- krvirg to myfdf ftill the right of claiming^ if there fhould be found a lur^.lus or balance in his favor. For as proved by my account and au- thentic vouchers rea^y to be pro-Iuced, that, exclufjve of my account be- ' 1 r' u '" ^^'^ ''^ (f'eni] creditors to a coofidcrable amount, fince he I lett this govf rnn enc ; and had alio greatly augmented the value of his eftate at W oKborough, by my advances and care thereof, all to the benefit ' o' hii, prti^nt creditors. I ftall therefore be greatly obfiged, by your di- ' reftmg that my account he Tent me ; and I (ball hope for your future Jriendly interp„fi(ion, if it (hould be found nectfTiry ; being with the higheft edeem and refpecS, your nioft humble fervanr, . on- ,i7i.- T-r , ' '^^''^ ^- Wencworth.' ' Phillips White, Efq. ^ A general ftatemcnt of the claims againfl the confifcatcd eflate of the .ate Gov. rnor John Wtn, worth, and the neat proceeds from the falc of it : the account beii>g nor. yet fcrt,cd. April, 17 91 Dr, The claim of M. H. Wentwoith proved by aurhennc vouchers. £1.^680 10 11 Amount of other claims provfl a» ahnve, ^877 jr ,1 Paid to ft veral other cie.iforsj Cvce theGov- " * crnor's ablence, by M. H. Wcntworth. 819 11 6 /'18177 17 8— Cn Paid into tl-cTreafury by theTruttcc for raid eflate, 10435 8 6* NEW-HAMPSHIRE. 333 the State from all thefe confafcatlons, as far 1778. as it has been afcertained, is inconfiderable. Power when delegated without rcdric- tlons, and for the abule of which the dele- gate is not held accountable, has a flrong ten- dency toward defpotifm. The temporary confutation which we had adopted at the be- ginning of the war, was found, by experience, to have many imperfections ; and the necef- fity of checks and exclufions became every day more evident. Other States were form- ing conftitutions on certain eftablillied prin- ciples, and defining their rights as a prelimi- nary to the delegation of power. An at- tempt of the like kind was made in New- 1779. Hampfhire. A convention of delegates, cho- fen for the purpofe, drew up and fent abroad a fyflem of government ; but fo deficient was it in its principles, and fo inadequate in its provifions, that being propofed to the people, in their town-meetings, it vsras rejecled. Ano- ther convention was appointed, which had more advantage than the former, the neigh- bouring State of Malfachufetts having digefl- ed and adopted a conflitution, which was fup- pofed to be an improvement on all which had been framed in America. This convention had no lefs than nine fefuons, and continued ^r^'^ J"'--* for more than two years. In the firfl plan oa.'xrSa. of government which they compofed, they diflinclly Rated the alienable and unalienable rights of the people. They divided the gov- ernment into three branches, legiflative, ex- ecutive and judicial, and defined the limits of each. The legiflative branch was compofed of a Senate and Houfe of Reprefentatives. The Senate was to confifl of twelve pcrfons. 334 HISTORY OF I78h five for the county of Rockingham, two for Strafford, two for Hillfborough, two forChe- Ihu'e and one for Grafton. Thefe were to be voted for in town-meetings, and the votes fealed and returned to the Secretary's office. The number of Reprefentatives was limited to fifty, and apportioned among the counties, thus ; twenty for Rockingham ; eight for Strafford ; ten for Hillfborough ; eight for Chefhire ; and four for Grafton. Thefe were to be eledled by the County Conventions, con- fifling of one delegate for every fifty rateable polls. This mode was recommended, to pre- vent thofe interefled views and that party fpi- rit, which too often appear in fingle towns in the eledlion of Reprefentatives. The execu- tive power w^as veiled in a Governor, whom the Convention, in their addrefs to the people, defcribed in the following terms : ' They ' have arrayed him with honors, they have ' armed him with power and fet him on high; ' but flill he is only the right hand of your * power, and the mirror of your majefty.' But though armed with power and liable to be impeached for mifcondudl, he was fliroud- ed from refponfibility, by a Council, without whofe advice he could not take one flep of any importance. The judicial department was to be appointed by the executive and fup- ported by the legillative ; but the Judges were removeable for mifcondu(5t, by the Go- vernor and Council, on the addrefs of both Houfes of the Legiflature. Juftices of the Peace were to hold their commifiions five years only. Provifion was made for the ex- clufion of perfons from holding feveral offi- ces at the fame time ; the reafon of which NEW-HAMPSHIRE. ^^'^ was thus exprefTed. ' Befidcs the interfer- 1781. * ence of feveral offices held by the lame per- ' Ton in pohit of time, which we have feen, ' and the difficulty of one man s giving his ' attention to many matters fufficiently to « underftand them all, which we have too < often felt ; there is a ftill flronger reafon, * which is the difficulty of a man s prefcrving * his integrity in difcharging the duties of * each.' The encouragement of literature was alfo recommended as ellential to the prefer- vation of a free government, and it was de- clared to be the duty of legiflators tocheriili its interefts. This plan was printed and fent to every town. The inhabitants were requefted to ^^ ^ ^^ (late their objeaions diftinaiy to any parti- 'P'' '** cular part, and return them at a fixed time. The objedions were fo many and fo various, that it became neceffiiry to alter the form and fend it out a fecond time. The name of Go- vernor, and moft of his powers, were ftill retained ; but the mode of reprefentation was 1 782 altered. Inftead of being eleded, by coun- A„g ai. ty conventions, the Reprefentatives vvere to be chofen immediately by the towns ; every incorporated townfliip containing one hun- dred and fifty rateable polls, having the pri- vilege of choofing one ; and every one con- taining four hundred and fifty, of choofing two. Particular attention was given to the mode of appointing officers of militia. In- Head of fuperior officers being chofen by their inferiors, and inferior officers by the privates, as had been pradifed fince the be- ginning of the war, the order of appoint- ment was reverfed, and the privates had no 336 HISTORY or- 1784. 1782. power of choice at all. This was faid to be necefTary to the prefervation of harmonv,fub- ordination and difcipline. The fecond plan being fent out was generally approved ; but it was not completed at the time when the 1783 ^^^^^ of peace arrived. The old form having March Ld expired with the war, it was, by the votes of Ap"i- the people in their town-meetings, revived ^^ ^^ and continued for one year longer. In the following autumn, the new form was finifli- ed ; and the name of Governor being chang- ed to Prefident, it was a third time printed and declared to be * the civil conilitution for the State of New-Hampfliire.' It took place on the fecond day of the following June, and was introduced at Concord by a religious folemnity, which has fnice been repeated at every annual eledion. To the convention which formed this con- ftitution feveral towns in the weftern part of the State did not fend delegates. The caufe of this omifiion, and of fome other eccentri- cities in the conduct of the people in that quarter mull now be explained. The inhabitants of the diflridl on the wef- tern fide of Connedicut river, which was fev- ered from New-Hampiliire iii 1764, had been engaged in a long and bitter controver- fy with the government of New- York. They had even been obliged to have recourfe to arms in defence of their eilates ; and frequent a(fts of violence had been committed. There was among them a fet of intrepid men, ready to encounter dangers, and trained to hardy ontcrprife. At the commencement of hof- tilitics, by the advice of fome principal op- pofers of the Britifli Govcrnmentjin the other NEW-HAMPSHIRE. 337 Colonies, a company of thofe people ftyling 1784. themfelves Green Mountain Boys, marched to Ticonderoga, and wi efted that fortrels, to- ^775^ gether with Crown-Point, out of the hands of the Britifh garrifons. A regiment of them was embodied by order and in the pay of the general Coilgrefs. Their exertions in the common caufe were meritorious and their fervices w^ere acceptable. Soon after the declaration of independence, 1776. the inhabitants of that territory afiembled in convention to confider their peculiar fituation and concert meafures for their fafety. The opportunity which then prefented for a change in their political connexions, was too precious to be loft. By the diflolution of the bonds which had held America in fubjedion to the Crown of Britain, they conceived them- felves free from the government of New- York, to which the moft of them had never voluntarily fubmitted; and,being as they faid, reduced to ' a ftate of nanu'e,' they thought that they had a right to form fuc'h connex- ions as were agreeable to themfelves. Ac- cordingly they made and publiflied a decla- ration ; * that they would at all times con- 1 ^ ' '• ' fider themfelves as a free and independent ^^^ ^^ ' State ; capable of regulating their own in- ' ternal police ; that they had the fole exclu- * five right of governing themfelves, in fuch * manner as they fhould choofe, not repug- « nant to the refolves of Congrefs ; and that * they were ready to contribute their propor- < tion to the common defence.' Under the influence of thefe principles, they formed a plan of government and a code of laws, and petitioned Congrefs to receive them into the union. T t 33S HISTORY OF 1778. The inhabitants on the eaftern fide of Con- nedlicut river v/ere very conveniently fitii- ated to unite v/ith thofe on the weftern fide, and many of them had the fame principles and views. They argued that' the original grant of New-Hamplhire to Mafon was cir- cumfcribed by a line draw^n at Ihe diflance of fixty miles from the fea ; that all the lands wefliv^ard of that line, being royal grants, had been held in fubjeAion to the government of New-Hamplhire by force of the royal com- miffions, which were vacated by the affumed independence of the American Colonies ; and obferva- therefore that the inhabitants of all thofe riKht ofju lands had ' reverted to a ftate of nature.' By oift N^H ^^^^^ expreifion, however, they did not mean Grants. tl^at each individual was reduced to fuch a 1778. ftate ; but that each town retained its corpo- rate unity, unconnedled with any fuperior jurifdiction. They diftinguifhed between rui,He de- commiiTions derived from the King, which r!^"t'!)r'N! were revokable at his pleafure, and incorpo- Harnvfliire ratious IicM ou ccrtaiu conditions, which he- Printed lug perrormed, the powers and privileges 3779- gi'anted by the incorporations were perpetual. They afferted that jurifdicfiions eftablilhed by royal commiiTions could bind a people to- gether no longer than the force which firfl compelled continues to operate ; but when the coercive power of the King was rejected, and its operation had ceafed, the people had a right to make a (land at the firfl legal ftage, viz. their town incorporations. Thefe by imiverfal confent were held facred ; hence they concluded that the major part of each one of thofe towns had a right to control the minor part j and they confidered themfelves NEW-IIAMPSIIIRE. ^^^ as fo many diaina corporations, until they 1778. {liould agree to unite in one aggregate body. In theVe fentiments the people were not all united. The majority of ibnie towns was in favor of their former connexion, and in thofe towns where the majority inclined the other way, the minority claimed protedion of the eovernment. . They fuppofed that the exiRence of their town-incorporations, and of the privileges annexed to them, depended on their union to New-Hampihire ; and that their acceptance of the grants was in effea an acknowledg- ment of the jurifdiaion, and a fubmllTion to the laws of the State ; from which they could not fairly be difengaged without its confent ; as the State had never injured or opprelled them. ,11 Much pains, were taken, by the other par- ty to diffeminate the new ideas. Conven- tions were held, pamphlets were printed, and at length a petition was drawn in the name of fixteen towns* on the eaftern fide of Con- neaicvit river, requefting the new State, which had affumed the name of VERMONT ^^^ ^^ ^ to receive them into its union, alleging, tnai „,mpiv,,c * they were not conneaed with any State, fiie^- * with refpecT: to their internal police.' I'he Affembly at firft appeared to be againft re- ceiving them ; but the members from thofe * I Cornilh, 8 ^»-'^' I Lebiinoo, 1 (■„„„,Ji,IW into Lit- 3 -D''f//'^''.< Dartmouth College ; i% Enfield^ Cbut now difufed. 12 Canaan^ ,. . I -J Cjrij>J«, now Orange, r\ ( A 14 L.iva-'t A PVrmnnr 15 Guntb^^ii^, now New Coocard. 7 HavwhiU. «6 Morru-town, Dow Funconia. 340 HISTORY Of 1778. towns which were fituated near the river on the weft fide, declared that they would with- draw and join with the people on the eaft fide, in forming a new State. The queftion was then referred to the people at large, and means were ufed to infinence a majority of Tune II. ^^^^ towns to vote in favor of the union, which the Aflembly could not but confirm. The lixteen towns were accordingly received ; and the Vermont Affembly refolved, that any other towns on the eaftern fide of the river might be admitted on producing a vote of a majority of the inhabitants, or on the appointment of a Reprefentative» Being thus admitted into the State of Ver- mont, they gave notice to the government of New-Hampihire, of the feparation which they had made, and exprefied their wiili for June 25. ^^ amicable fettlement of a jurifdidlional line, and a friendly correfpondence. The Prefident of New-Hamp(liire, in the name of the Afiembly, wrote to the Gover- nor of Vermont, claiming the fixteen towns as part of the State, the limits of which had been determined prior to the revolution ; reminding him that thofe towns had fent delegates to the convention in 1775 ; that they had applied to the AlFembly for arms and ammunition, v/hich had been fent to tlieni ; that their military officers had accept- ed commiifions and obeyed orders from the government ; that the minority of thofe towns was averfe to a difunion, and had claimed protection of the State, which the AlTembly thought themfelves bound to af- ford ; and befeeching him to ufe his influ- ence with the Affembly of Vermont to dil- folve the newly formed connexion. Aug. 22. NEW-HAMPSHIRE. Ml At the fame timCj the Prefidcnt wrote to 1778. the delegates of the State in Congrefs ; de- -^"s- *2- firing them to take advice and endeavour to obtain the interpofition of that body ; inti- mating his appreheniion, that without it, the controversy mull be decided by the fvvord,as every condefcending mealure had been ufed from the beginning and rejevftcd. The Governor and Council of Vermont fent a meilenger to Congrefs to fee in what light the new State was viewed by them. On his return he reported, that the Congrefs was unanimoufly oppofed to the union of the fix- teen towns with Vermont; otherv\'ifc they (ex- cepting the delegates of New- York) had no ob- jection to the independence of the new State. At the next feifion of the Vermont Af- fembly at Windfor, when the Repreicntatives of the fixteen towns had taken their feats, a de- bate arofe on a c^ueilion, whether they fliould be erecfled into a new county, which palfed in the negative. Conceiving that they were not admitted to equal privileges with their brethren, the members from thofe towns with- drew ; and were followed by feveral others belonging to the towns adjoining the river on the well fide. Thgy formed themfelves into a convention, and invited ail the towns on both fides of the river to unite, and fet up another State by the name of New-Connec- ticut. This feceifion had nearly proved fatal to the State of Vermont. A ridge of moun- tains which extends from fouth to north through that territory, feemed to form not only a natural, bat a political line of divifion. A more cordial union fubfilled between the people on the eaflernfidc of the Green Mo un- 34^ HISTORY OF 1778. tains,and the eaflern fide of Connedlicut river, than between the latter and thofe on the wef- tern fide of the mountains ; but thefe alone were infufficient, without the others, to make a State. The Governor, and other leading men of Vermont, who refided on the weft fide of the Mountains, wrote letters to the AiTemblyof New-Hampfhire,informing them, of the feparation, and exprelfmg their difap- probation of a connexion with the fixteen towns. The AfTembly regarded thefe letters as ambiguous, and as not expreilmg a difin- clination to any future connexion with them. Jealoufy is laid to be a republican virtue ; it operated on this occafion, and the event pro- ved that it was not without foundation. A convention of delegates from feveral towns on both fides of the river afTembled at Cornifli and agreed to unite, without any re- gard to the limits eflablifhed by the King in 1764 ; and to make the following propofals to New-Hampfliire, viz. either to agree with them on a dividing line, or to fubmit the dif- pute to Congrefs, or to arbitrators mutually chofen. If neither of thefe propofals were ' accepted, then, in cafe they could agree with New-Hampihire on a fopn of government, they would confent that ' the whole of the ' grants on both fides of the river fliould con- * necl themfelves with New-Hampihire, and * become one entire State, as before the royal ' determination in 1764.' Till one or other of thefe propofals fhould be complied with they determine ' to trufl in Providence and * defend themfelves.' I ^^-^ An attempt was made in the following year to form a conftitution for New-Hampfhire, Dec. 9. NEW-HAMPSHIRE. S48 in which the limits of the State were faid to 1179. be the lame as under the royal government * referving neverthelefs our claim to the New- * Hampfliire Grants well of Connedicut ri- * ver/ Though this form of government was rejedled by a majority of the people ; yet there was a difpofition in a great part of the AfTembly to retain their claim to the whole of the grants weft ward of the river. At the fame time the State of New-York fet up a claim to the fame lands, and it was fufpccfted, perhaps not without reafon, that intrigues •were forming to divide Vermont between New-Hamplliire and New- York, by the ridge of mountains which runs through the terri- tory. Certain it is that the Vermonters were alarmed ; and, that they might have the lame advantage of their adverfaries, they extended their claim weftward into New- York, and eaftward into New-Hampfhire ; and thus not only the fixteen towns, but feveral other towns in the counties of Chefliire and Graf- ton, became incorporated with Vermont by * articles of union and confederation.' It is not eafy to develope the intrigues of the feveral parties, or to clear their tranfac- tions from the obfcurity which furrounds them.* He who looks for confiftency in the proceedings of the Conventions and AfTem- blies which were involved in this controver- fy, will be diflippointed. Several interfering interefts confpired to perplex the fubjedt. The people on the wcftern fide of the Green • The author hn foarcd no pains to gain a» perfe5 a knowledge of thefc thirf^i a- the nature of rhem will admit. If he has not fucceeded in obtaininp r aterials, for a jufl and full account it is hi« requeft that thofe who are better acquainted with the fubjeiit would oi)li3C the public with naore accurate ioformation, 344 HISTORY OF 1 779. Mountains, wiflied to have the feat of govern- ment among them. Thofe adjoining Con- neclicut river, on both (ides, were deiirous of bringing the centre of jurifdiclion to the verge of the river. The leading men in the eaflern part of New-Hampiliire, were averfe to a removal of the governm.ent from its old feat. Vermont had a.llumed independence ; but its limits were not defined. New- York 3iad a claim on that territory as far as Con- nediicut River, from vvhich there was no dif- pofition to recede. That State had been al- w^ays oppofed to the independence of Ver- mont. New-Ham plhi re at firfl feemed to acquiefce in it ; and fome letters which the Prefident wrote to the Governor of Ver- mont, when threatened with invafion in 1777, were underftood as an acknowledgment of it. Had there been no attempt to unite with the towns on the eaftern fide of the river, New- Hampiliire would perhaps never have oppo- fed the independence of Vermont. But the AfFembiy was aftervv^ard induced to claim all that territory, which before the year 1764, had been fuppofed to be within the limits of the State. This interfered with the claim of New- York ; and at the fame time MalTa- chufetts put in a claim to a part of Vermont. The controverfy had become fo intricate, that it was thought neceffary to be decided by Congrefs ; and application being made to Sfpt. 24. that body, they recommended to the three States of New- York, Maifachufetts and New- Hampihire, to pafs adls which fliould author- ife Congrefs to determine their boundaries ; and at the fame time they advifed the peo- ple of Vermont to relinquifli jurifdiclion over NEW-HAMPSHIRE. 345 all perfojis on the weft or eaft fides of Connect- 1779. icut river, who had not denied the authority of New-York and New-Hamplliire ; and to abftain from granting lands, or conhfcating eftates, within their affumed limits, till the matter fliould be decided. The States of New- York and New-Hampfliire paffed thefe ads ; ■ but Mailachufetts did not. The Vermont AfFembly proceeded in granting lands and confifcating eftates ; and Congrefs could only rcfolve that their proceedings were unwar- rantable. It was neceffary that nine States fliould be prefent in Congrefs, befide thofe whofe claims were to be heard. A deficiency in the rep- refentation caufed a long delay ; but after the expiration of another year the queftion was brought on. The claims of New-York 1780. and New-Hampfliire were put in ; and both ^'P'- '^^• pleaded that Vermont had no right to inde- pendence. The agents of the New-State afferted their right, and offered to become part of the Union ; intimating, that if they could not be admitted,they ihould be reduced to the neceffity of making the beft terms with the Britifti government.*' ^ How far intrigues of this kinJ were carried on it miy be f^ifficult to afcrrtiin ; hut that the Britifli Govtrnm-o: haJ fo.ne dcpoidcicc on the dcfc<5iion of Vermont appears from the following paragraph of an irter- cepred letter frooi Lord George Germainc. to Sir Hcnrv Clinton dated Whitehall, Feb. 7, 1-81. ' The rstuTi of the people of Vermont to their allegiance, is an event Printed ia ' of the utmoft importaccc to the King's affairs ; and at this ti-ne, if the ,hc Pcnn- • French and W«niing[on really meditate an irrup ion into Canadd, may fylvania ' be c^nfidered as oppofing an infnrmountable bar to the attempt. Gene packet ' rai Haldiman, who had the fame inaruflion-- with you to draw ortr Anpuft\* . thofe people^ and give ihcm fupport. will \ d )uht not pufti u;> a holy j.g. f of troops, to afl in conjnndVion with them, to fecurc all the avenues, * . through their country into Canada ; and when the feafon admit*, take , poffcfFion of the up-ier parts of the Hu^f m's and Connedicut rivers, and < cut off the communicatien between Albany and the Mohawk country. , How far they may be able to extend thenifclvcs fouthward and eaawardj « muft depend en their numbers, and the diffoQcion of the inhabitauts.' U u o,|^> HISTORY or 1781. The caufe was flirther perplexed by .1 Aug. ao, conftituiional queilion, whether Congrefs had any power to form a new State within the Umits of the union ? The decifion was deferred ; and after eleven months, Congrefs had proceeded no farther, than to lay it down as an indlfpenfable preUminary, to the recog- nition of Vermont, as a member of the union ; that they fliould * explicitly relinquilh all de^ 'mands of land and jurifdidion on the eaO: ' lide of Conneaicnt river, and on the weft ' nde of a line drawn twenty miles eailward * of Hudfon's river to Lake Champlain.' ^j^ J5,. When this refolution was laid before the Affembly of Vermont, which met at Charlef- Vc'm"o'r^ town, they determined to ' remain firm in the Sl^'nanp- ' principles on which they lirll aflumed gov- &.re files, i ernmcnt, and to hold the articles of union « inviolate, that they would not fubmit the ' queftionof their independence to the arbit- ' fament of any power whatever ; but they * were willing at preibnt to refer the quef- « tion of their jurifdiaional boundary to < commiffioners mutually chofen, and when ' they Ihould be admitted into the American « union, they would fubmit any fuch difputcs < to Congrefs.' The ftate of fociety within the feceding towns, at this time, was very unhappy. The majorities attempted to control the minori- ties ; and thefe were difpofed not to fubmit, but to feek protection of the government with which they had been conneded. At the fame time and in the fame place, Juftices, Sheriffs and Conftables, appointed by the authority of both dates, were exercifing ju- rifdidlion over the fame perfoiis. Party rage, NEW-HAMPSHIRE. 347 high words and deep rcfentment, were the 1781. eflecl of thefe claihuig interefls. An affray which began in the town of Chelkriield, threatened a fcene of open hofliUty, between the States of New-Kampiliire and \''cr]nont. A Conftable, appointed by the authority of Vermont, had a writ, in an aclion of debt againll a man who was in the intercif of New- Hampfhire. He found the man in company with a number of people of his own party, and Nov. 14. attempted to arrell him. The owner of the houfe interpofcd. The Conflable produced ^^^^^^^ a book which he faid contained the haws of nr.ons and Vermiont, and began to read. Tlie owner of the'eic's? the houfe forbad him. Threatening words were ufed ; and the officer was compeHcd to retreat. By a warrant from a Vermont Jullice, the houfehokler, and another of the company, were committed to prifon in Charlcilown. They fent a petition to the Affemblv of New- Hampihire for reUef. The Allembly em- powered the committee of fafety to diredl the n^^. ^.j, Sheriff of Chediire to reieafe the prifoners ; they farthef empowered the committee to caufe to be apprehended and connnitted to prifon, in any of the counties, all pcrfons ail- ing under the pretended authority ot the State of Vermont, to be tried by the Courts of thofe counties where they might be confi- ned ; and for this purpofe the Sheriffs were empowered to raife the poffl' Comitafiis. In attempting to releafe the two prifoners from Charleftown gaol,the Shcriffhimief was imprifoned by the Vermont Sheriff, unikM'^xhe authority of a warrant from three Jufbc<2s. The imprifoned Sheriff applied to a Briga- dier General of NewTiamplhire, to raife the 348 HISTORY or 1782. militia for his liberation. This alarmed the Vermonters ; and orders were illued by the Jan. la. Governor for their militia to oppofe force with force. A committee of Vermont was fent to Exeter, ' to agree on meaftires to ' prevent hoftilities/ One of this committee was the Vermont Sheriff; he was immedi- ately arrefled and thrown into prifon at Ex- eter, and there held as a holf age for the releafe of the Sheriff of Chefhire. The affembly iffued a proclamation, allow^ing forty days for the people in the revolted towns to repair to fome Magiflrate of New-Hampfliire, and fubfcribe a declaration, that they acknowledg- ed the extent of New-Hampfliire to Connect- icut river ; and that they would demean themfelves peaceably as good citizens of the State. They alfo ordered the militia of ail the counties to hold themfelves in readinefs to march againft the revolters. While affairs wore fuch a threatening af- pedl between the two States, means were ufed at Congrefs to take up the controver- fy on more general ground. A commit- tee, who had under confideration the af- fair of admitting Vermont into the union and determining its boundaries, prevailed on General Wafliington, then at Philadelphia, Jan. I. to write to the Governor of Vermont, advi- fing to a relinquifliment of their late exten- fion,as an 'indifpenfable preliminary,' to their admiflion into the union ; intimating alfo, that upon their non-compliance, they mud be oonfidered as having a hoflile difpofition toward the United States, in which cale coer- Appendix, c'lou ou the part of Congrefs, however difa- greeable, would be necelTary, NEW-HAMPSHIRE. 349 This letter had the defired efi^d. The 1782. Aflembly of Vermont, taking advantage ofp^^^^^, the abfence of the members trom the eaftern fide of the river, obtained a majority for complying with the preliminary , and relblyed, ' that the weftern bank of Conneaicut river * on the one part, and a line drawn from the ' north-well corner of Maifcichufetts, north- ' ward,to Lake Champlain on the other part,be ' the eaftern and weftern boundaries of the ' State of Vermont, and that they relinquiflied ' all claim of jurifdiaion without thofe limits.' When the members from the eaftern fide of Conneclicut river arrived, they found them- felves excluded from a feat in the Affembly, and took their leave with fome exprclhons of bittcrnefs. After this compliance, it was expeaed that ^_^ ^ Vermont would be admitted into the union, ^P" '"^^ and the queftion was folemnly put in Con- grefs ; but a majority decided againft it; to the no fmall difippointment of many perfons, befide the inliabitants of the difputed territo- ry. The pretence for this decifion was, that they had exceeded the limited time ; but they had complied with the ' indifpenfable prelim- ' inary ;' and the order of Congrefs, requiring it, ftood unrepealed. Though cut oft^ from their connexion with Vermont, the revolted towns did not at once return to a ftate of peace ; but the divifions and animofities which had fb long fubfifted, continued to produce difagrceable efteas. The judicial Courts of New-Hampfliire had fat without much interruption, in the coun- ties of Chefliire and Grafton, whilft the ofti- cers of Vermont held jurifdiaion alfo ; but September. S50 HISTORY OF 1782. when the latter were excluded by the adl of the Vermont AfTembly, a fpirit of oppofi- tion began to arife againfl the fitting of the former. When the Inferior Court was holden at Keene, a number of perfons appeared, to op- pofe its proceedings, and effected their pur- pofe fo far as to make an adjournment necef- fary ; but three of the leaders of the oppoii- tion were arrefted and bound over to the Su- perior Court. In the mean time efforts were made to raife a party who fliould oppofe the Superior Court ; and it was reported that two hundred men had ailociated and armed them- Baohtr. felves for that purpofe. On the morning be- fore the court was opened, feveral of the leaders came to the Judges' chambers and prefented a petition, praying, ' that the Court * might be adjourned, and that no judicial ^ proceedings niight be had, whilft the troub- * les in which the country had been involved ^iliil fubfilled' They were told that the Judges could come to no determination on the fubjecl, but in open Court. When the Court WM.5 opened, their petition was publicly read ; and the confideration of it was pofl- poned to the next day. The Court then pro- ceeded to its common bufinels. I'he Grand Jury being impannelled, the doors of the houfe where they met were kept open, whilft the x^ttorney General laid before them the cafe of the rioters at the inferior Court. A bill was found againif them. They were ar- raigned, they pleaded guilty, and cafl them- felves on the mercy of the Court. The Court remitted their punifliment on condition of their future peaceable behavior. This well NEW-HAMPSHIRE. ^i judged combination of firmnefs and lenity 1782. dillirmed the infurgents ; and they quietly dilperfed. From that time the fpirit of op- pofition to government in that quarter grad- ually abated ; and the people returned to iheir connexion with New-Hamplhire, 352 HISTORY OF CHAP. XXVII. Popular difcontent. Effort i for paper currency. Tender aQs. Infurreilion. Dignity and lemty of gavenment. Federal Confiitution. 1 HE American revolution had been crowned with fuccefs, as far as it refpecled ovir emancipation from foreign jurifdidion, the eftablilhment of forms of government among ourfelves, and our deliverance from war. It remained, to accommodate the minds and manners of the people, under the new adminiftration, to a regular courfe of ju (lice, both public and private ; to perfecfl the union of the States ; and to eflablifli a fyftem of fi- nance. Thefe things were neceffary to make the revolution complete. The extremes of defpotifra on the one hand, and of licentioufnefs on the other, are equally to be avoided. In a jufl medium between thefe, a government well balanced and executed with vigor, is capable of pro- ducing the mofh valuable benefits. To this point it was neceffary to condudl our revolu- tion. But it was equally neceffary, that it iliould proceed by flow degrees ; that errors in principle fliould be gradually reformed ; and that men lliould be taught, by their own experience, the folly of relying on any fyftem of politics, which, however fupported by popularity, is not founded in reditude. A large debt, accumulated by the war, re- mained to be dilcharged. For this purpofe, requificioiis v^ere made by Congrefs, as well as by the State Government. Silver and NEW-HAMPSHIRE. O ""BS gold, which had circulated largely in the lat- ter years of the war, were returning, by the ufual coui-fe of trade, to thofe countries, whence large quantities of necellary and un- necelTary commodities had been imported. Had any general fyflem of impolf been adopted, Vome part of this money might have been retained, and fome part of the public debt difcharged ; but the power of Congrefs did not extend to this objed ; and the States were not united in the expediency of dele- gating new and fufRcient powers to that bo- dy. "The partial impofts, lairi by fome of the States, were inefFe6lual, as long as others found their intereft in omitting them. Re- courfe therefore was had to the ufual mode of taxation on polls and eflates ; by which means, a heavy burden was laid on the huf- bandman and the labourer. Thofe who were pundual in their payments, faw no probable end of their exertions, whilft the negligence of others occahoned repeated demands. Pri- vate creditors, who had fuffered by long for- bearance, were importunate for their dues ; and the Courts of Law were full of fuits. The people vv^ho felt themfelves diftreffed, held conferences with a view to deviie means of redrefs. The remedy which appeared to many of them moll eafy, was anew emifhon of paper bills, funded on real eftate, and loan- ^ ^^ ed on intereft. To efrea this, petitions were addrefTed to the Legifiature ; and to remedy the grievance, as far as it was occafioncd by a debt of the State, an a6l was palled, to draw into the Treafury all notes iflued by the State, and give certificates for the intereil, and for ftfteea per cent, of the principal, annually ; \Vw 5. Feb. 24. 354 HISTORY OF 1785. which certificates were to be received by the Treafurer for taxes, ' in lieu of, and equal to ' filver and gold.' By this means, it was ex- pe(5led that the debt would gradually be ex- tinguiflied ; and that the people would eafily be enabled to pay at leaft one fpecies of their taxes. This was fur from fatisfying the complain- ants. The public fecurities, they faid, were ,engrofred by rich fpecvilators, and the poor w^ere diilrefTed for the means of paying their taxes and their private debts. The cry for paper money was inceffant ; and the people were called upon in the public papers, ' to * affert their own majefty, as the origin of * power, and to make their Governors know, ' that they are but the executors of the pub- ' lie v/ilL' To this clamor, the voice of reafon and juf- tice calmly anfwered ; that it was not in the power of the Legiflature to ellablifli any fund, which Ihould fecure paper money from depreciation ; that there was fo much paper then in circulation, and the time of its re- demption was fo diftant, that the notes paf- fed at a difcount of lixty, and the certificates of twenty per cent ; that if the quantity were increafed, the depreciation would in- creafe in proportion ; that if bills were iflued and made a tender in all payments, it would never be in the power of government to re- deem them by filver and gold, becaufe none could be collec5led ; and in that cafe, no part of the continental or foreign debt could be difcharged ; that if bills were loaned on land fecurity, it would be in the power of the public debtor to purchafe the bills at a re- NEW-HAMPSHIRE. ^^^ duced value, and with them to make his pay- 17&>, ment at the Trealury, in which caie, though the pubUc cheit might be tilled with paper, yet the government would iufter all the em- barraflment of poverty. It was added, that the Legiilature were by the Conftitution ex- prefsly forbidden to make letrofpcaivc lav^^s • and had no right to alter the nature of pri- vate contraas ; and that Ihould the majority of the people petition the government to make paper a lawful tender, it would be their duty to rejea the petition as unconilitutionaU When it was propofed, that the paper fliould not be a tender for palt but only for future contraas ; it was anfwered, that this would not relieve the debtor, who was luffenng tor his paft engagements, and the f:ffic"!^;^« which it pretended to cure would ItiU exilt. In vain were agriculture and manutac- tures, induary and frugality recommended as the only adequate fources of relief ; the complainants had no difpofition to apply a remedy fo flow in its operation ; and indeed it was doubtful whether the utmoft exer- tions in that way would have been fufficient, completely to extricate us out of thele diili- culties, without fome alteration in our con- federated government. _ Similar difficulties, at the ^^^e time, exil- ted in the neighbouring State of Maflachu- fetts : to remedy which, among other pallia- tives, a law was pafled called a tender-a^, by ^^ ' which it was provided that executions iffu- ^^XJJ- ' ed for private demands, might be latisfied .^t.o.., ' by cattle and other enumerated articles, at ' an appraifement of impartial nicn under * oath.' For fuch a law the difcontentcd 356 HISTORY OF 1785. party in New-Hampfliire petitioned ; and ta Nov 8 gi'atify them the Legillature enadled, that ' when any debtor fliali tender to his credit- ' or, in fatisfadlion of an execution for debt, * either real or perfonal eflate fufficient, the * body of the debtor fhall be exempt from ' imprifonment, and the debt fliall carry an ' interell of fix per cent ; the creditor being ' at liberty either to receive the eflate, fo ten- * dered, at a value ellimated by three appraif- * ers, or to keep alive the demand by taking ' out an alias, within one year after the return ' of any former execution, and levying it on * any eftate of the debtor which he can find.' At the fame time an acft was made, enlarging the power of Juftices of the Peace, to try and determine acflions of debt and trefpafs to the value of ten pounds. Thefe laws were com- plained of as unconftitutional ; the former as being retrofpe6live, and changing the na- ture of contracts ; the latter as depriving the creditor, in certain cafes, of a right to trial by Jury. But fo flrong was the clamor for redrefs of grievances ; and fo influential was the example of the neighbouring State, that forne of the beil men in the Legillature found it necefTary to comply ; whilft another part were fecretly in favor of worfe meafures. The tender-adl, at firll, was made for two years only ; before the expiration of which it was revived, w^th fome alterations, and continued for three years longer. The effeS: ■ » of this law, in cafes where an attempt was made to execute it, was, that the moft valua- ble kinds of property were either concealed or made over to a third perfon ; and when the Sheriff came with an execution, it was NEW-HAMPSHIRE. 35T levied on AigK articles as were of little nfe to 1785, the creditor. But the mofl general efFedl of the law was to prevent any demand on the part of the creditor, and to encourage the debtor in neglecting payment. The fcarcity of money was ftill a grievance 1786* which the laws had not remedied, but rather had a tendency to increafe. To encourage its importation into the country the Legiila- ture exempted from all port duties, except light-money, every veilel which Ihould bring gold and filver only ; and from one half of the duties, if a fum of money equal to one half of the ca.rgo fliould be imported. But it was to no purpofe to import money, unlefs encouragement w-ere given for its circulation, which could not be expelled whilfl the ten- der-acl was in force ; for every man who owned money thought it more fecure in his own hands, than in the hands of others. The clamor for paper currency increafed, and, like a raging fever, approached toward a criiis. In every tov/n there was a party in favor of it, and the public papers were con- tinually filled with declamations on the fub- jecfl. It was jQiid that an emifTion of bills of credit would give a fpring to commerce- and encourage agriculture ; that the poor would be able to pay their debts and taxes ; that all the arguments againft iifuing paper were framed by fpeculators, and were intended to ferve the wealthy part of the community, who had monopolifed the public fecurities, that they might raife their value and get all the good bargains into their own hands ; that other States in the union had ilfued paper bills, and were rejoicing in the happy eifeds 358 HISTORY OF 1786. of their currency without any depreciation ; that the people had a right to call upon their Rep- refentatives to Ilainp a value on paper, or leather, or any other fubftance capable of receiving an impreflion ; and that to prevent its depreciation, a law (hould be enabled to punifh with baniihment and outlawry, every perfon who ihould attempt by any means to leiFen its value.* The fame party who were fo zealous in favor of paper currency, and againft laws which obliged them to pay their debts, pro- ceeded to inveigh againil Courts and lawyers. The Inferior Courts were reprefented as iine- cures for Judges and Clerks ; the defaulting, appealing, demurring, abatements, fees and bills of cods, without any decilion, were com- plained of as burdens, and an abolition of thefe courts became a part of the popular cry. But the party did not content them.felves with writing in the public papers. An at- tempt was made to call a convention, at Con- cord, whilft the AfFembly were fitting there, who fliould petition the Legiflature in favor of the plan ; and it was thought, that the pref- ence of fuch a body of men, convened at the fame time and place, would have great weight. This attempt was defeated in a manner lin- gular and humorous. * A fpecimen of the Ianjj;tiafje ufed on this occsfion is as follows. — ' Seven States are now b''cffed wirh harmcTy, p'enty and hsppinef?. ' Worthy, induftri.uis men can go to market with a penny in their pock- ' fs ; thtir bcnt'voletit friend?, the farn eip, meet them half way with ' cheerfulnefs and ?re as reaHy to rcce've as they to offer ; now one greets ' the other with focial bei-:!(Jiiit'-1ey. Governor of MaiUchulctts and New- H^mpthiie. John Ufber reappointed Lieutenant Governor. 3715 GeoicT? VHtighan, Lieu'en-nt Gov-rnor. 1716 S;imiiel Shute, Governor of Maifachufetts and New- Hampfhire. 1717 John Wentworih, Lieutenant Governor ; and after Shnte's departure in 1722. Commander in Chief. 1729 William Burnet, Governor of Maflachufetts and New- Ham pflr re. 1730 Jonatha^n Bc-lcher, Governor of Maffachufetts and New- Hampfh're. 1731 David Dunhar, Lieutenant Governor; he returned to England in 1737- 1741 Bennins Wentw-rth, Governor. No Lieutenant Go- verni>r for 25 venv. 3762 John Temple, Lieutenant Governor, merely titular ; he never officiated. I7<57 J"'^" Weritworth, Governor. j--^ 'pjje B'itiJh Governmerit was dllTolved, and the peo- pie formed a Provincial Convention, oi which Mat- thew Thornton was Prefident. 17-6 A temporary Conditution was framed to continue du- ' ring the war with Great-Britain. Under this Con- flitution, Meiliech Weare was annually elefled Prefident. 1^84 A new and permanent Conftirution took place, under ' which the following Prefidents of the State have been annually eleded. * Mclhech Weare, 17B5 John Langdon, Sullivan, '7f}lohn 1787 J - • Prefi'Jent Weare, being worn out with public ferviceSj refignsd hi» office before the expiration of the year ; at:,l after largu^fting under the hifirmities of age, died on the 15th of January^ 1786 stat 73. His anceaorH had been in public ftatiors, from the firft eftablilhment ol the Province. He himfrlf had b:eT enrploycd in public bufinefs about forty five yeyr-. He was chofen Speaker of &e Houfe in 175a. Comtnif- fioncr to the Congrefs at Albany in i7-,4; afterward one of the Juft-ces of the Sunerior Court ; and in 1777. Chief Ji.fVice. He wa3 not a perlon rf an ori(riaal and inventive genius but had a clear di cernroent, emnUve Ivnowledge, accurate judy,' ent, a calm temper a modeft deporttrent, an urright and l>encvolcnc heart and a habit of prude.ice and diligence m difchargintr the various curies of public and private life He did not en- rich hitufelf by hi« public croployn cnts, but was one cf thofc good mcD, '' Who dare to love their country and be ieor>^ r APPENDIX. 37i 17S8 JoVin Lanp;don, 1789 John Sullivan, '790? jofiahBartlett. I'jgiS N, B. In cafe of a vacancy within the year, the fenior Counfcllor preliJes. No. II. A catalop:ueof Counfellorsin New i^ampfliire under the royal government. Wirh the ye^rs when they were ^ippointed, and the times of their death, as far as eithei can be alcer- tained. N. B- Where do da(h is placed in the Crft column, the date of the arpoint- ment is the fame as the prcce ling. Where a di(h is placed, the time is uncertain. Appoinitmnt. Namct. De. 1680 John CUTTS, Pi efident. i68i Richard Martin, Tredfurer '^'93 William Vau^han, Recorder. '7' 9 Thomas Danid. 1683 John Oilman. 17^8 Chriftopher HufTey. i f>85 Richard Waldron, Prefident. '689 tlias Stileman, Secretary. 1695 Samuel Dalton. 1681 1680 Job Clements. 1717 Robert Mafon, Chancellor. 168S 1 68 1, Richard Waldron. J 73^ Anthony Nutter. 1682 Walter Baretoote, Deputy Governor. Richard Ch.imberlayne, Secretary. 1683 Nathaniel Fryer, Prefident. Robert Elliot. John Hinckes, Prefident. Edward Randolph. 16B4 James Sherlock. Francis Champ«rnoon. Robert Wadleigh. 1685 Henry deen. »700 1692 John Ulh^r, Lieutenant Governor. 1726 Thomas GrafFort, 1 named in Uiher's John Walford, V cummiffi n, but not John Love, J in the Council books. Peter Coffin. JohnGerrifh. 1714 Nathaniel Wer.re, Agent. 1718 1697 William Partridge, Lieutenant Governor. 1698 Jofeph Snii.h, ^ pointed by Govern- K.ngfleyHad, f ^ ^„^^^ j^^i^^, his bampfon Sheafe, T ^^^^^ admmiflratlon. Peter weare, j ■ I702 Samuel Penhallow; Treaf. and Recorder. 1726 John Plaiaed. 372 . Appendix. , /Jffolntmcnt. Natfiet. I>eatlu Henry Dow. i7°7 Gtorge JafFrey. ^^oG 1 710 Mark Hunking, Recorder. lyrz John Weiitworth, Lieut. Governor, 1730 1715 Gf;orge Vanghan, L.ieut. Governor. 1724 1 7 16 Richard Gen i(h. i7»7 Theodore Atkinfon. 17^9 Shadrach Walton, Prefident. George Jaffrey, Treafurer. 1 749 Richard Wibird. 1732 Thomns Weftbrooke. 173'^ 1719 Thoinas Parker. _ 1723 1722 Archibald McPhedris. 1723 John FroO. 1724 Joiham Odiorne. 1728 Her^ry Sherburne. 175^ Ri.-hard Waldron, Secretary. 1753 1732 Joinaa Feirce, Recorder. 1743 1734 Benning Wentvvorth, Governor. 1770 Tiieodore /ifkinfon, Secretary. 1779 Ephraim Dennet. Benjamin Gambh'n. ^737 1739 Richard Wibird. 1765 , LlhsHnfke. 1755 Jof' ph Sherburne. »744 1740 John Rindge. *74o J hn Downing. 1766 Samuel Smith. 1760 Jcfeph Bianchard. 1758 - — — Sannpfon Sheafe. ^77^ 1753 Samuel Solley. Daniel Warner, 177S 1754 J'leph New match. 17^5 1759 Mark HiHiking Wentworth. 1785 1759 J.unes Nevin. 17^^ 1761 John Nelfon. 1787 1762 William Temple. 17^9 Theodore Atkinfon, Secretary. 1769 Nathaniel Barrell. 1765 Peter Livius. 1766 Jonathan Warner. Diniel Rindge. Dniiel Peirce, Recorder. 1773 George j^tT; ey, Treafurer. Henry Sherburne. »7^7 Daniel Rogers. 1772 Peter Giinvan. 17^7 Thorn. s Weftbrookc Waldicn, 1785 1774 John Sherburne. John Phillips. 1775 George Boyd. J 7^7 APPENDIX. 373 No. III. Alphabetical lift of Delegates to Congrefs, before and during ihe Confederation. N. B. Thofe maiked thus * arc dead. JOSIAHBARTLETT, ^Jonathan BL^richard, ^Naihanicl Follom, Abiei Folkr, George Froft, John T>iylor Gilman, Nicholas Gilmvui, John Langflon, Woodbury Langdon, Samuel Livermore, *Peirce Lone;, Nalhsniel Peabody, John Sullivan, Matthew Thornton, *John Wer.tworlh, * William Whipple, Phillips White, Paine Wingate. Delegates to the Convention of the United States, in 1787. John Langdon, Nicholas Gilman. Under the prefent Federal Conftitution. c . r Samuel Livermore, -) John L.T.gdon, ii ^ j Nicholas Gihnati, Senators, jp^;^^,, \Vingate. o.'^ ) Abiel Fotler, f^ " Ljeremiah Smith. No. IV. A table of the number nf rateable polls ; amount of rateable eftate,and number of ReprefentHiives in the icveral counties, in the Province of New-Hamplhife, A. D 1773. Counties. Rockingham Strafford Hillfhorcugh Cbeftiire Grafton Ktprefcnt- atives. 21 6 4 3 ..moiinl of rateable ejiatc. 3,101 3>888 2,445 686 /r20,648 34 Members reprefenting 46 towns— 8729 rateable polls. Unreprefcnied loi towns— 6773 rateable polls. U7 15502 polls. 374 APPENDIX. No. V. An exa^ tabic, fhewt'n^ the iU.e of Reprefentation.in the I>e- glltturc of the Pr vince oi New H;.mp(hire, A. D. 1773, with die proportion of fuch reprefeniation to the taxation of the feveral towns. Names of to runs reprefenUd A ORTSMOUTh Cover Madbury Hampton Northampton Hampton Falls Exfter Brentwood Epping Poplin Newcaftle Rye Kingfton Eafl Kingfton Sandown Hawke Newington Strath am Londonderry Windham Greenland Durham l^ee Newmarket Southampton Cheder Candia Raymond Plaftow HampfUad Atkinf'on Salem Ptlham Somerfworth Holiis Merrimack Nottingh im Weft Litchfield Kenfmgton Rochelier Barrington Am her ft Bedford Propotthn to cack Hefrejeni. 19 7 o APPENDIX. 375 tJamts of ttvnt reprcfented, Winchefler Kecne Charleltown iVo. of ' Rep re The pinfcrt'mn each town fat J It evu'V 5''°^°- 840 I I I 10 9 12 4 Proportiea to eucb Reprejtnt. 8 40 10 12 O 940 46 Towns reprrf' nfeH ' y 34 menib and pay 6^9 4 of each ;(|iooo 101 Towns not repicfcDted vhich pay "il^ 16 o of each £1000 147 Towns. 34 memb. ;Ci6oo o o This anc? tlie fnrep:oing taSlc were calcuUied by IVenfvjorth Chefwillt Elq of Newmarket. No. VI. Copy of a letter from /'o Fxcelhncv General Washington,/^ Thomas CwnTENDf v, Efquire. [Certified by ToSi.is Le.ir, Efq privare S-^retary to rhe Pief- ident ot the United St^tet ] PhiladelphiJi f-ft January ^ 1782. SIR, 1 RECEIVED your favor of the 14th of November, by Mr. Brownfon. You cannot be at a lofs to know why I have not heref-lore, and why I cannot now, adcirefs you in your public charadler, or anlwer you in mine : But the con- fidence which you have been pleafcd to repofe in me, j^ives me an opportunity of offering you my fentimeiUs, as an individu- al, wifhing mo(t ardently to fee the peace and union of his country, preferved, and tbcjift rijjhts of the people of every part of it fully and firmly eftablifhed. It is n >t my biifinefs, neither do I think it necefTary now, to difcufs th; origin of the right of a number of inhabitants to that traa of country f>Tmerly diainjrniflied by the name of the New Hampfhire Grants, anJ now known by that of Vermont, I will take ii for granted ihar their right was good, becaufe Congrefs, by th»ir refolve of the 7th of Augult, imply it ; and by that of the 2 ill, are willing tully to contiim it, provided the new State is confined to certain defciihed bounds It ap- pears, therefore, to me, that the difpuie of boundary is the only one that exifts, and that that being removed all further difficulties would be removed alfo, and the m-itler termmateJ to the fatisfadtion of all parties. Now I would afk you can- didly, whether the claim of the peopFe of Vermont, was not, for a long time, confined folcly, f r very nearly, to that tratt of country which is defcri' ed in the refolve of Congrefs of the 21ft of Auguft laft ; and whether, ngieeable to the tenor ot your own letter to me, the late extenfion of your claim upon New.Hampfiiire and New York, was not more a political ma- jKtuvre, than one in which you conceived youifelves juftifiabl-c. 376 APPENDIX. If my firft quiftion be anfweted in the affirmative, it ceJtainlf bars your new claim. And if my fecond be well toanded, your end is .infwered, and you have nothing to do but with- draw your jiirifdiflion to the confines of your old limits, and obtain an acknowledgment of independence and fovereignty, under the ref >lve of the 3ift of Augud, for fo much territory as does not interfere with the ancient eflablifhed bounds of New-York, New Plampdiire and Maflachufetts. I perfuade niyfelf you will fee and acqaiefce in ihcreafon, thejuilice, and indeed the necefucy of fuch a deciflon. You mud confider, Sir, that the point now in difpute is of the utmoR political importance to the future union and peace of this great country. The State of Vermont, if acknowledg- ed, will be the fir ft new one admitted, into the confederacy ; and if fufFered to encroach upon the ancient eftablilhed boun- daries of the, adjacent ones, will fcrve as a precedent {or others. which it may hereafter be expedient to fet off, to make the fame unjullifiable demands. Thus, in my private opinion, while it behoves the Delegates of the States now confederated, to do ample jufiiice to a body of people fuftlcienily refpeilable by their numbers, and entitled by other chums to be admitted into that confederation, it becomes them alfo to attend to the jntereds of their conRituents, and fee, that under the appear- ance of juaice to one, they do not materially injure the ri-hts of others. I am apt to think this is the prevailing opinion oF Congrefs, and that your late extenfion of claim has, upon the principle I have above mentioned, raiher diminifiied than in- creafed your friends ; and that, if fuch extennon fl.ould be perfili ed in. it will be made u common caufe, and not confid- ered as only affeftin^ the rights cf thofe States immediately intereaed in the lofsV territory ; a lofs of too ferious a nature not to claim the attention of any people, 1 here is no calam- ity within the compafs of my forefight, which is more to be dreaded than a ncceffity of «^.'V/V« on the part of Ccngrcfs j andconfequcntly every endeavour fhould bs ufed to prevent the execution of fo difagreeable a meafure. It muft involve the ruin of that Stale againft which the refentment of the oth- ers is pointed. , . o r i I will only add a few words upon the fuojefl cf the negoci- ations, which have been carried on between you and the ene- F)y in Canada and in New- York. I will take it for granted, as you aflfert it, that they were fo far innocent, that_ there i^ev- cr was any ferious Intention of joining Great-Britain m_ ihfir attempts to fubjugate your country ; but it has had this cer- tain bad tendency, it has ferved togivcfome ground to that delufive opinion of the enemy, and upon which they, m a great meafure, found their hopes of fuccefs ; that they have nume- rousfriendsamongus, who only want a proper opportunity to fhew themfelves openly ; and that internal difputes anc. feuds will foon break us in pieces. At the farce time the iecds of diAiuft and jealoufy are fcattercd among curfelves by a APPENDIX. 377 conduil of this kind. If you are ferious In your profeffions, thefe will be additional motives for accepting the terms which have been offered, (and which appear to me equitable) and thereby convincing the common enemy, that all there expecta- tions of difunion are vain, and that they have been worfted at their own weapon — deception. As you unbofom yourfelf to me, I thought I had the great- er right of fpeaking my fentiments openly and candidly to you. I have done fo, and if they fliould produce the effedt which I moft fincerely wiHi, that of an honorable and amica- ble adjuftment of a matter, which, if carried to hoftile lengths, may dertroy the future happinefs of my country, I (hall have attained my end, while the enemy will be defeated of theirs. Believe me to be, with great refpefl, Sir, Your mofl obedient fervant, GEORGE WASHINGTON. END OF THE SECOND VOLUME. Zz ib\ LIBRARY OF CONGREsf "'^'" """"■""' mil imil/lli III] ij 014 042 876 •