USA > New Hampshire > Cheshire County > Chesterfield > History of Chesterfield, Cheshire county, N.H., from the incorporation of "township number one," by Massachusetts, in 1736, to the year 1881; together with family Histories and genealogies > Part 5
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As soon as the Convention, of which Mr. Robertson was a mem- ber, had assembled, a new form of government was drawn up. On the 5th day of January, 1776, the Convention assumed the name and authority of a House of Representatives, and chose twelve per- sons to form a separate branch of the Legislature, with the name of Council. These were empowered to choose their own president. It was decreed that no act should be valid without the approval of both branches. ' The two branches also performed executive duties, while in session ; and at every adjournment, a "committee of safety" was appointed to exercise executive powers during the recesses of the Legislature. The president of the Council was also president of this committee. The first person who held this position was . Meshech Weare. The name of "Colony of New Hampshire" was now adopted, and retained till independence had been formally declared.
On the first day of February, 1776, the inhabitants of Chester- field held a town-meeting at which Ephraim Baldwin was elected a justice of the peace, to serve for the term of one year The an- nual meeting for this year was held on the 6th day of March. This meeting was called "in the name of the Council or House of Rep- resentatives," all previous ones having been called "in his Majesty's name." Ephraim Baldwin, Michael Cressey, Samuel Hildreth, Moses Smith, Jr., and Ephraim Hubbard were chosen selectmen. At another meeting held the 19th day of April, it was voted not to raise money for schooling ; but a committee of seven men was formed to divide the town into school-wards. At a town-meeting held the 31st day of May, it was voted to accept the school-wards
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as laid out by the committee chosen for that purpose, and to raise thirty pounds for school purposes. It was also voted to allow each ward to employ its own instructors, and to exempt those men who were in the army from paying a poll-tax for that year.
On the 14th of March the General Congress passed the following resolution :
Resolved, That it be recommended to the several Assemblies, Conventions and Councils, or Committees of Safety of the United Colonies, immediately to cause ali persons to be disarmed, within their respective Colonies, who are notoriously disaffected to the cause of AMERICA, or who have not associated, and refuse to associate, to defend by ARMS the United Colonies, against the hostile attempts of the British fleets and armies."
This resolution having been received by the Committee of Safety for the Colony, it was transmitted to. the selectmen of the towns throughout the whole Colony, together with the following request :
"Colony of New Hampshire.
IN COMMITTEE OF SAFETY. April 12th, 1776.
In order to carry the underwritten RESOLVE of the Honorable Continental Congress into execution, you are requested to desire all males above twenty- one years of age (lunatics, idiots and negroes excepted) to sign to the DECLA- RATION on this paper; and when so done to make return thereof, together with the name or names of all who shall refuse to sign the same, to the Gen- eral Assembly or Committee of Safety of this Colony.
M. WEARE, Chairman."
The Declaration.
WE, THE SUBSCRIBERS, DO HEREBY SOLEMNLY ENGAGE AND PROMISE, THAT WE WILL, TO TIIE UTMOST OF OUR POWER, AT THE RISQUE OF OUR LIVES AND FORTUNES, WITHI ARMS, OPPOSE THE HOSTILE PROCEEDINGS OF THE BRITISH FLEETS AND ARMIES AGAINST THE UNITED AMERICAN COLONIES.
The selectmen of Chesterfield having received the "Declaration," sent the following reply to the Committee of Safety. The date of their letter is not given, but it must have been written before the 12th of June :
"TO THE HONORABLE COMMITTEE OF SAFETY OR GENERAL ASSEMBLY OF THE COLONY OF NEW HAMPSHIRE.
As soon as ever we received your Directions requesting us to desire all the Males in this Town to sign to a Declaration (Lunaticks, &c., excepted) in obedience thereto we Immediately proceeded to give publick Notice of your Intentions and otherwise as we Thought would have the most effectual Ten- dency to have put into Execution, in order that we might make a Return by our Representative, but having so short a Time for to accomplish the Matter
.
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in so great a Town, and being unwilling to omit anything relating to our Duty and which might be for the Benefit of the Whole, we calmly deliberat- ed on the matter, asked ye advice of our Representative and others of Sense and Steadiness, and as we were not limited to a certain Time to make a Re- turn, we propose to make one as soon as it may be done with conveniency. So rest your Humble Servts.,
EPHM. BALDWIN, MICHAEL CRESEY,
Selectmen of
SAM'L HILDRETH, Chesterfield.
June 12, 1776, the selectmen made the following return :
"In obedience to the within Declaration that we Rec'd from your Honors, we proceeded According to your Directions and the persons Names under- writen are those that Refuse to sign to the Declaration on your paper : Capt. Jonathan Hildreth, Eleazer Pomeroy, Ebenezer Harvey,
Lieut. Ephraim Whitney,
Ebenezer Cooper, Joseph Prentice,
Ephraim Whitney, Elisha Walton,
Ebenezer Fletcher, Jr., Sam'l Davis Converse, Eseek Earl, Silas Bennett,
Sal. Keing [Samuel King.]
EPH. BALDWIN,
MOSES SMITH, JR.,
Selectmen of
MICHAEL CRESEY,
EPHR'M HUBBARD,
Chesterfield.
SAM'L HILDRETH,
NAMES OF THOSE WHO SIGNED THE DECLARATION.
Abraham Wood,
Moses Smith,
Simon Davis,
Josiah Streeter,
Isaac Davis,
Michael Woodcock,
John Snow,
Jonathan Cobleigh,
Oliver Cobleigh,
Jonas Stearns,
Jonathan Farwell,
Samuel Fairbanks,
Oliver Farwell,
Jonathan Farr, 2d,
Silas Thompson,
Josiah Lamb,
William Farwell,
Samuel Walker,
Jonathan Davis, Warren Snow,
Archibald Robertson,
Ebenezer Streeter,
Lawrence Walton,
William Thomas,
Phineas Brown,
Daniel Baldwin,
John Sanderson,
William Simonds, Amos Smith,
William Fisher, Jonathan Hildreth, Jr.,
Josh Smith, [probably Joseph Smith. ] James Wheeler, Jr.,
Jonathan Farr, 4th,
Jonathan Farr, 3d,
Josiah Hastings, Andrew Hastings,
Thomas Farr,
Noah Emmons,
Jonathan Cressey,
Benjamin Hudson,
Andrew Colburn,
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Ephraim Wheeler, John Cobleigh, Joseph Higgins, James McElroy, Joseph Wheeler, James Wheeler, Zenas Fairbanks, Nathan Bishop, Isaac Hildreth,
Elisha Rockwood, Dan Cobleigh, Aaron Farr, Peter Wheeler, Moses Ellis, Ephraim Hubbard, Amos Davis, John White, Nathan Metcalf, John Bishop, Jonathan Cobleigh, Nathan Thomas, Abel Emmons,
William Robertson, Edward Hildreth, James Davis, Enoch Streeter, John Pratt, Nathaniel Bingham, Abel Ray, Samuel Farr,
Nehemiah Merrill, Samuel Farr, Jr., John Haskell, Ezekiel Powers, Silas Wood, Obahiah Merrill, William Henry, Daniel Farr, Amasa Colburn, Thomas Harris, Douglas Robbins, Ullainell Merrill, Sherebiah Fay. Zur Evans,
William Farr, Jr., Ithamar Chamberlain,
Caleb Johnson, Amos Streeter, Abner Johnson,
Kimball Carlton,
Theodore Binghanı,
John Pierce,
Israel Johnson,
James Robertson,
Benjamin Colburn. Ephraim Farr, Isaac Farr,
Thomas Darby,
Joseph Metcalf,
Martin Warner,
David Stooder, Jr., [David Stoddard, Jr.,]
Samuel Peacock,
John Peacock,
Ephraim Baldwin,
Michael Cressey,
Samuel Hildreth,
Moses Smith, Jr.,
William Aires,
David Stone,
John Grandy,
John Grandy, Jr.,
Increase Lamb,
Abner Albee,
Ebenezer Taft,
John Richardson,
Daniel Kinnison,
Joel Whitney,
David Farr,
James Mansfield, Amos Hubbard,
Jonathan Farr, Ist,
Patrick McMichael,
Abijah Kingsbury, Ebenezer Gail,
Sylvanus Battey, Ebenezer Faver, Abijah Stearns, Matthew Gray, William Hildreth, James Reed, John Ellis,
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Oliver Hubbard, Michael Metcalf, Charles Johnson,
Benjamin Smith, Samuel Fletcher, Abraham Farr.
One hundred and thirty-nine persons signed the Declaration, and thirteen refused to sign. The Declaration was known as the "As- sociation Test," and, according to the returns that were made, was signed by 8,199 persons in the Colony of New Hampshire ; while only 773 persons refused to sign.
Had the Americans failed in their cause, every person who signed it would have been subjected to the "pains and penalties of trea- son." It was a preliminary step to the national "Declaration of Independence," which was declared on the 4th day of July, the same year. Within fourteen days after the announcement of the National Declaration, it was proclaimed by the beating of drums in all the shire-towns of New Hampshire.
On the 30th of July, another town-meeting was held, the record of which is as follows: "The inhabitants of Chesterfield met at the meeting-house and proceeded as follows : Voted to act on a cir- cular letter dated at Walpole, and chose Eph'm Baldwin as our agent to go to Walpole and act and transact (?) on matters, if they see fit when met, for the benefit of the county of Cheshire, and voted that the committee of safety give instructions to said Bald- win."
On the 2d day of December, another town-meeting was held. The warrant for this meeting was the first that ever bore the words "State of New Hampshire" at its head, and the meeting was called "in the name of the government and people of said State." Soon after the Declaration of Independence, the name "Colony" had been dropped, and the name of "State" adopted in its stead. At this meeting Michael Cressey was elected to represent the town in the Assembly that was to meet at Exeter the third Wednesday of the same month. Rev. Mr. Wood, Dea. Thompson, Lieut. Fair- banks, Dr. Harvey and Lieut. Rockwood were chosen a committee to give Mr. Cressey his instructions. In accordance with the vote passed on the 2d day of December, the committee chosen for that purpose gave Mr. Cressey the following instructions :
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"TO MR. MICHAEL CREASY, REPRESENTATIVE FOR THE TOWN OF CHESTER- FIELD IN THE STATE OF NEW HAMPSHIRE.
Sir :- Whereas it having pleased Almighty God to humble the people of this land, by permitting the tyrant of Great Britain and his minions, in the fulness of their rage, to prevail against them, by subverting the Civil Consti- tution of every Province in his late American dominions, affecting thereby the activity of law and justice and [promoting] the, introduction of vice and profaneness, attended with domestick confusion and all the calamities attend- ant on the dissolution of the power of Civil Government, which in this alarm- ing progress have made it absolutely necessary for each state to separate itself from that land from whence their forefathers were exiled by the cruel hand of tyranny, and to form for itself, under the ruler of all the earth, such plans of Civil Government as the people thereof should think most conducive to their own safety and advantage; notwithstanding the importance of an eqnit- able system of Government, as it affects ourselves and our posterity, we are brought to the disagreeable necessity of declaring that it is our candid opinion that the State of New Hampshire, instead of forming an equitable plan of Government, conducing to the peace and safety of the State, have been influ- enced by the iniquitous intrigues and secret designations of persons unfriend- ly, to settle down upon the dregs of Monarchiical and Aristocratical Tyranny, in imitation of their late British oppressor. We can by no means imagine ourselves so far lost to a sense of the natural rights and immunities of our- selves and our fellow men, as to imagine that the State can be either safe or happy nnder a constitution formed without the knowledge or particular an- thority of a great part of its inhabitants; a constitution which no man knows the contents of, except that the whole Legislative power of the State is to be entirely vested in the will and pleasure of a House of Representatives, and that chosen according to the Sovereign determination of their own will, by allowing to some towns sundry voices in the said House, others but one, and others none; and in a Council of twelve men, five of which are always to be residents of Rockingham County, who by the assistance of two others of said Council, have the power of a casting voice in all State affairs. Thus we see the important affairs of the State liable to be converted to the advantage of a small part of the State, and the emolument of its officers, by reason of the other part of the State not having an equal or equitable share in the Gov- ernment to counterbalance the designs of the other. You are therefore au- thorized and instructed to exert yourself to the utmost to procure a redress of the aforementioned grievances, and in case they will not comply, to return home for further instructions. SOLOMAN HARVEY,
Chesterfield, December ye 12th, 1776. per order Com."
The inhabitants of Chesterfield were not alone in complaining of the injustice, as they regarded it, of the principle of representation that had been adopted. A number of towns in the western part of the State remonstrated against the form of government that had
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been assumed, and some of them refused to send representatives to the Assembly. It was asserted that every incorporated town, whether large or small, should be entitled to at least one represen- tative ; and some towns maintained that there ought to be no Coun- cil to negative the proceedings of the House.
An incident occurred in the town on the 27th of January, 1777, that is worthy of mention. Our knowledge of this incident is de- rived wholly from a petition sent to the General Assembly by Rich- ard Coughlan. In this petition Coughlan stated that, on the day above-mentioned, Kimball Carlton and "divers others" broke into his house and destroyed about twenty gallons of rum, abused him and his wife, and took him prisoner. His captors afterwards got a warrant from Ephm. Baldwin, appointing the 11th day of February for his trial. Coughlan appeared for trial, but no one appeared to testify against him. He also complained that the men "swore in a prophane manner." The object of his petition was to get indem- nity for the rum that had been destroyed.
The annual town-meeting for 1777 was on the 5th day of March. Lient. Fairbanks, Lieut. Rockwood, and Lieut. Robertson were chosen selectmen. Lieut. Fairbanks, Jonathan Farr, 2d, Lieut. Robertson, Warren Snow and Lieut. Rockwood were chosen a "committee of inspection and correspondence." In the warrant for this meeting had been inserted the following article : "To see if the town will write anything to ease any reflections cast on the Hon'ble Committee from the General Court, by a letter sent to said Committee from this town." The vote on this article was in the negative. The writer has been unable to find the letter referred to, or to learn the name of its author. It was also voted, at the same meeting, to raise 50 pounds for schooling.
May 29, another meeting was held, having been called in pursu- ance of "an act passed in this State relative to choosing committees in the several towns in the State, in order to regulate the prices of provisions and other articles mentioned in said act." Ensign Moses Smith, Martin Warner, Capt. Hildreth, Lieut. Farwell and John Sargent were chosen a committee to carry out the provisions of the above-mentioned act. This act was passed by the General Court, in January, for reasons set forth in the preamble to the same, which is as follows :
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Whereas the exorbitant Price of the Necessary and convenient Articles of Life, and also of Labour, within this State, at this Time of Distress (unless speedily and effectually remedied) will be attended with the most fatal and pernicious Con- sequences,"
A few extracts from this act are here given, to show more fully its nature. The price of good, merchantable wheat was not to ex- ceed 7s. 6d. per bushel ; rye, 4s. 6d. per bushel ; Indian corn, 3s. 6d. per bushel ; beans, 6s. per bushel ; potatoes, at any season of the year, 2s ; butter of the best quality, iod. per lb. ; salted pork, by the barrel of 220 lbs. weight, £5 ; good sole-leather, Is. 6d. per lb. ; N. E. rum, of the best quality, 3s. 10d. per gal., by the hogs- head, and 4s. 6d. by the single gallon ; best Muscovado sugars, 8d. by the single pound, at the first port of delivery, allowing 9d. per cwt. for every ten miles of land-carriage ; good coffee, 4d per sin- gle lb. ; good sheep's wool, 2s 2d. per lb. ; good cotton cloth, one yard wide, 3s. 8d. per yard ; good N. E. bar-iron, 40s. per cwt., at the iron-works. The price of farm labor, in the summer sea- son, was not to exceed 3s. 4d. per day, and was to be in propor- tion at other seasons. Other kinds of labor were to be computed according to previous custom and usage, compared with farm la- bor. Certain penalties were also provided for the violation of any of the provisions of the act. This law proved very ineffectual, however, and was repealed.
Another town-meeting was called for June 12th. The warrant was preceded by an "introductory address" to the inhabitants of the town, by Samuel Fairbanks and Elisha Rockwood. This address was as follows :
"TO THE INHABITANTS OF CHESTERFIELD.
Gentlemen: You are not ignorant of the calamities of this present day. Enemies without the state, and within; and being of late often alarmed by hearing of many conspiricies of such persons as were generally esteemed friendly to the American Cause and Freedom; and also of the great oppression of some and rejoicings of others at the fall and under Vallument of the paper currency, and some rejecting the Regulating Acts; all the above said circum- , stances considered, with many others that might be offered, it appears neces- sary that every town should be furnished with full sets of officers, both select- men and committees of correspondence; and, as one constable is gone, or go- ing, out of town, there will be need of one in his room and stead,-we have thought fit by the advice of some and desire of others, to call the town to- gether for the purposes hereafter mentioned."
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The fourth article of the warrant that followed the address was, "To see if the town inhabitants will choose a committee of corre- spondence to unite with other towns in this day of distress, and use means to defend all our lawful rights." At the meeting which fol- lowed, Nathaniel Bingham and Jonathan Farr, 2d, were elected additional selectmen ; and it was voted to confirm the election of the committee chosen May 29th, with the exception of John Sar- gent, whose election was annulled. The constable referred to in the above address was John Pierce. The record merely says, "Voted in the negative with regard to the constable."
August 28, there was another town-meeting. There was consid- erable trouble with respect to the working out of highway taxes, this year ; for much of the money that had been raised for the re- pair of the roads, had not been worked out as was directed. Some declared they would not work at all, unless the delinquents were compelled to make up their deficiencies, and "a real regulation took place." It was, therefore, voted that every man should work out his part of the "highway rate," or pay an equivalent ; and if he refused to do so, he was to be "proceeded against" as the law directed.
On the 8th day of December, the fifth town-meeting of the year was held. At this meeting it was voted to sell the pews not already sold, at public vendue, and to put the pew money that had not been paid, on interest.
From the Journal of the House for Saturday, Dec. 20th, is ex- tracted the following : "Voted, That Mr. Giles, Mr. Cresey, Mr. Mellin be a Committee, with such as the Hon'ble Board shall ap- point, to consider of the address of the Committee of Safety of Chesterfield, and report thereon." The following extract from this address, contains nearly all the information concerning the conduct of the principal tories of the town, which the writer has been able to obtain :
"To the Honourable Court of the State of New Hampshire :
The Committee of Safety of Chesterfield humbly sheweth this Honble House, that whereas sundry Persons, viz., Ebenezer Harvey, Elezor Pomroy and Sam'l King, all of Chesterfield abovsd, were some time in June last sum- moned to appear before the Court of Enquiry at Keen, as being Enemical to the United States of America, and upon tryall were found guilty of a misde- meanor against the State :- on which account they were fined and confined to
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their farms by Bond, till that or some other Court or authority should set them at Liberty :- upon which they, or some of them, Beg'd the Favour of sd Court, that they might have ye Liberty of taking the Oath of Fidelity to the States; on which accompt Esqr Giles went Immediately to Exeter, as we have been informed, and procured said oath or form of it, and sent to us by Sheriff Cook of Keen, and our Direction was to take a justice of the Peace and tender sd oath to those confined persons, to ye end they might take it and performe accordingly and be at Liberty; and we followed the Directions of Esqr Prentice and Esqr Wyman. The aforementioned confined persons said they were willing to take ye said oath, if it came from lawful authority; but they Disputed ye authority and paid no regard to Esqr Prentice Letter, which was to take the Oath of fidelity and be set at Liberty ; and as they were fully fixed in principal or will, they apply'd to Justice Baldwin and he liberated them. Again they apply'd to Esqr Wyman and notwithstanding they neglect- ed to take the oath, he, said Justice, enlarged their bonds just so far as to serve their own turns ;-- all which was contrary to ye advice of the Committee, except they would take ye oath of Fidelity to the States, and their bonds arc just so far enlarged as to serve their own turns; and when called upon to do any publick service, they say that they are confined, and so are excused: all
which gives great uneasiness to many steady friends to America. * We do therefore pray your Honours to take these things into your wise consid- eration, and Dismiss or Confine the abovementioned persons, and that they be subjects of their duty and service in ye defence of our much oppress'd land.
SAMUEL FAIRBANK, Committee · ELISHA ROCKWOOD, JAMES ROBERTSON, of Safety.
Chesterfield, December ye 13th, 1777.
To the Honble Court or Committee of Safety of this New Hampshire State. (a Copy near similar to the former petition.)
Test., Sam' Fairbank, Chairman."
Esqr. Giles and Esqr. Prentice, referred to in this petition, were probably Benjamin Giles of Newport, a prominent member of the House of Representatives, and Nathaniel Sartel Prentice of Alstead. Esqr. Wyman was undoubtedly Col. Isaac Wyman of Keene.
It is not known what action the General Court took with regard to the persons against whom complaint was made in the above petition ; but it appears, from a vote passed by the House, March 2d, 1778, that Esqr. Baldwin, who was town-clerk at that time, was summoned to appear before that body, to answer to a com- plaint made against him by the town committee of safety. The following is the record of the vote passed by the House : Voted, That Ephraim Baldwin, Esqr., of Chesterfield, be cited to appear before the General Assembly on the second Friday of their next
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session, to answer to a complaint exhibited to this Court, against him, by the Committee of Chesterfield, as speaking or acting in some measure Enemical to the Liberties of the American States." The upper branch of the General Assembly concurred with the House in this vote. On the 14th of March the House adjourned, to meet again on the 20th of May. After a session of three days, there being no quorum of the Council, the House again adjourned to the 12th day of August. No record of any further action, on the part of the General Assembly, respecting the complaint made against Mr. Baldwin, has been found.
The first town-meeting of the year 1778, was held February 6th. The warrant contained the following article : "To read and con- sult the articles of confederation, as directed by the Court of this State, agreeable to the resolve of the Continental Congress." It was voted "to approve and accept of the confederation of the United States" ; also, "to comply with the directions of the General Court of this State, relating to the instructing our representative concern- ing a plan or system for the future government of this State."
The "articles of confederation" mentioned in the warrant, were the ones adopted by the Continental Congress, Nov. 15th, 1777. Thirteen states took part in the "confederation," which was to be thenceforth styled "The United States of America."
At the annual town-meeting held March 4th, Samuel Hildreth, Lieut. Moses Smith, Abner Johnson, Capt. Kimball Carlton and Capt. Jacob Hinds were elected selectmen. It was also voted that each inhabitant of the town should pay his proportion of the ex- penses of the war.
On the 26th of February, a resolution was passed by the House, instructing the President of the Council to issue a precept to every town, parish and district in the State, recommending them to elect one or more persons to attend a convention at Concord, on the 10th day of June following, in order to agree upon some system or form of government for the State. At a town-meeting held in accord- ance with the above-mentioned precept, on the 21st of April, it was voted not to send a delegate to the convention ; also, "not to raise money to hire continental men."
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