USA > New Hampshire > Hillsborough County > Manchester > History of Manchester, formerly Derryfield, in New-Hampshire : including that of ancient Amoskeag, or the middle Merrimack Valley, together with the address, poem, and other proceedings of the centennial celebration of the incorporation of Derryfield at Manchester, October 22, 1851 > Part 18
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* Winthrop's His., Vol. 2, pg. 42.
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THE HISTORY OF MANCHESTER.
Government of Massachusetts now determined to put their claim upon record, and that claim would not be recognized by the voluntary submission of these patentees.
The year following the commissioners were sent to Piscata- aqua, and appointed as Magistrates, some of the leading men in each patent.
And thus was consummated a project long under negotiation on the part of Massachusetts, and devoutly desired by them, as title to a part, and possession of the whole, were strong pleas against the claim of Mason's heirs, to his grant of New Hamp- shire.
But the union was not effected without opposition. Some of the people who were friendly to Mason, and still adhered to the fortunes of his family, or were opposed to the principles or usur- pations of the people of Massachusetts, did not submit quietly to this order of things. Such persons were dealt with in the most summary manner. Those that partisan arguments, or the fear of the Magistrates could not silence, were most summarily brought to terms by the presence of an armed force.
But this union was fraught with the most evil consequences to the colony of New Hampshire, as it laid the foundation of a bitter controversy that raged for a century, and greatly retarded its growth, besides sowing the seeds of strife, and engendering feelings of hatred and hostility, that the lapse of two centuries has hardly obliterated.
Soon after the accomplishment of this affair, Underhill, who probably found his situation somewhat unpleasant, accepted proposals for employment by the Dutch upon Hudson's River, and removed thither with his family. It is not a little singular, that the Government of Massachusetts should have "hired a vessel to transport him and his family thither,"-but it is prob- able that they thought, his willing duplicity and intrigue in bringing the people of Piscataquack under their jurisdiction, was worthy so marked a reward. Mr. Wheelwright finding his lands at Squamsauke thus summarily disposed of, and the people of Exeter also proposing to be taken under the jurisdiction of Massachusetts, in 1642 removed to Wells within the patent of Gorges. But he was not safe there, and Massachusetts pressing their claim, he made his peace with that government and returned to Hampton in 1647.
The heirs of Mason had been no inattentive observers of the state of things, but the civil wars, the death of the residuary legatee, John Tufton, and the minority of the other principal legatee, Robert Tufton, had prevented any attempt on their
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113
MASSACHUSETTS SURVEYS HER NORTHERN BOUNDARY.
part to recover their estate in New England. But in 1650, Robert Tufton attained his majority, and forthwith measures were started to recover the estate. Joseph Mason was sent over as agent of the parties in interest. He immediately took legal measures against one of the principal inhabitants at Ne- wichwannock, for the purpose of ejecting him from the lands oc- cupied by him, which were covered by Mason's claim. This suit was brought to settle the validity of the claim. Upon trial at the County Court, it was decided that the court could not take cognizance of the suit, and the legislature, nothing loth, under- took to determine the matter. Their first step was to send another Committee to again determaine the northern boundary. This Committee consisted of Captains Edward Johnson and Simon Willard. Jonathan Ince and John Sherman accompained the Committee, as Surveyors. Having been told by their Indian guides that the head of the Merrimack was at the outlet of the Winnepesaukee, the Committee proceeded to that place, known by the Indians as Ahquedauken. From this spot they measured a line three miles north and at that point established one of the northern bounds of Massachusetts .- A rock in the bed of the river at the outlet of the lake was established as the "head of the Merrimack," and upon this rock the Committee doubtless caused to be cut the following inscription which is easily deciphered at the present time.
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SW
WP IOHN
ENDICVT
GOV
which deciphered, doubtless reads-
Edward Johnson. Simon Willard. Worshipful John Endicvt Governor .*
The Surveyors made the following report to the Messrs. John- son and Willard.
* N. H. His., Soc. Coll. Vol. iv. pg. 194.
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THE HISTORY OF MANCHESTER.
" The Answer of John Sherman, serjt. at Watertown, and Jonathan Ince, student at Harvard College, in Cambridge, to Captain Simon Willard and Captain Edward Johnson, Com- missioners of the General Court, held at Boston, May 27, 1652, concerning the Latitude of the Northermost pt. of Merrimack River-
" Whereas wee John Sherman and Jonathan Ince were pro- cured by the aforesaid Commissioners to take the latitude of the place abovenamed. Our Answer is, that at Aquedahcan, the name of the head of Merrimack, were it issues out of the Winnapusseakit, upon the first of August, one thousand, six hundred and fifty two, wee observed and by observation found that the Latitude of the place was fourty three degrees, fourty minutes and twelve seconds, besides those minutes which are to be allowed for the three miles more North wch. run into the Lake. In witnesse whereof, wee have subscribed our names this nineteenth of October, one thausand, six hunnred, fifty two.
JOHN SHERMAN, JONATHAN INCE.
Jur. coram me, JOH. ENDECOTT, Gubr.]
The following year, two ship-masters were sent to the east- ward to determine the point on the eastern shore of the same latitude as that found by Johnson and Willard, north of the Ahquedauken. This they found to be the northern point of " Upper Clapboard Island " in Casco Bay. An east and west line passing through these points was determined upon as the northern boundary of Massachusetts.
This line took in the whole of Mason's grant and a large part of Gorges' grant in Maine. This point established, there was little reserve on the part of the court, and they ordered some lands to be laid off to Mason's heirs at Newichwannock as be- longing to Mason's estate by agreement of Gorges', purchase from the Indians, possession and improvement. Thus, com- paratively speaking, Massachusettss absorbed Mason's entire claim, and the agent forthwith repaired to England, abandon- ing all hope of redress for the present. This was an opportune time for Massachusetts to complete her long cherished object of seizing the best portion of Gorges' grant lying to the south of the line they had just established. The royal government at home had become subverted-Cromwell's power was in the ascendant. Gorges had become involved if not ruined, as being a noted royalist and the towns in Maine were weakened by divisions, the result of conflicting proprietary grants. Accord-
115
MASSACHUSETTS USURPS NEW-HAMPSHIRE AND MAINE.
ingly in the Summer of 1652, Commissioners were sent to " treat with the gentlemen at the eastward." A conference was held at Kittery with Governor Godfrey and his council, in which the Commissioners of Massachusetts boldly asserted their claim-and notified of their intention to occupy the Province under that claim. Governor Godfrey denied their right to any part of the Province, and thereupon, on the 9th of July, the Commissioners published a protest against Godfrey's authority, and declaring the Province to be within the limits of Massa- chusetts, and calling upon the inhabitants to submit to its authority .*
A counter protest was issued the same day by Godfrey, and the other officers of the Province-soon after the Commission- ers returned home. But a majority of the inhabitants of Maine, after some months of deliberation, and seeing that Massachu- setts was determined to press their claim at all hazards, con- sented to acknowledge their jurisdiction. Accordingly, Nov. 16, 1652, the Commissioners met at Kittery to receive the submission of its inhabitants, and on the 22d of the same month, they received the submission of the inhabitants of Gorgeana. The inhabitants of Saco submitted on the 5th of July, 1653, and those of Wells on the 6th and 7th of the same month. But some of the people did not submit so quietly. Of these were three men of note, John Bonython living near Saco, Mr. Jocelyn of Black Point, and Mr. Jordan of Spurwink. These men were active in their opposition to this unjust claim, and Messrs. Jocelyn & Jordan were arrested and required to give bonds for their appearance before the General Court. Bony- thon escaped and continuing his opposition, in 1758 a decree of outlawry was published against him. Finding opposition fruit- less, the following year he made a written submission, and the decree of outlawry against him was annulled by public procla- mation. Meantime, Mr. George Cleaves, the agent of Mr. Rigby, proprietor of the Province of Lygonia, attempted to make terms with the Government of Massachusetts, but the General Court answered that their patent had precedence, and they treated his propositions in the most summary manner. In 1758, the towns in Maine had all submitted, and Massachusetts was in full posse- sion of a large extent of territory to which she had no just title. And "thus " says Folsom, "the 'engrasping' colony of Massachusetts Bay as it was aptly termed by Godfrey and its sister at Plymouth, divided among them the lawful inheritance
* Hazard 1, 568.
116
THE HISTORY OF MANCHESTER.
of the heirs of Gorges and Rigby."* A more unjust and tyrannical act never was perpetrated upon this continent than this same usurpation by the Colony of Massachusetts of the Provinces of New Hampshire and Maine. It is equalled only by their seizure of the possessions of Gorton in Rhode Island, and neither act was supported by the least shadow of justice, and each, must ever remain a blot upon the moral and political character of the Puritans, without palliation or excuse.
CHAPTER VII.
Robert Tufton assumes the name of Mason .- Petitions for his possessions .- Commission of Carr, Cartwright and Maverick .- Randolph's mission .- Massa- chusetts sends agents to England .- Abandons her unjust claim before the Lord Chief Justice, and is restricted to her original bounds .- Purchases Gorges' claim. -New Hampshire erected into a separate government .- Cranfield .- He leaves his government .- Mason sells "The Million Purchase."-President Dudley .- Sir Edmund Andros .- He is seized and imprisoned. - Sale of Mason's claim to Allen .- The Earl of Bellomont .- Judges appointed unfavorable to Allen's claim. -They decide against him .- He appeals, appeal denied -. Petitions the King .- King dies .- Governor Dudley .- Allen enters upon the waste lands .- Allen sues Waldron -The suit decided against him .- Allen appeals .- Proposes to sell .- Dies - His son prosecutes his claim .-- Judgment against him .- Appeals. -Sells one half his claim to Sir Thomas Hobby .- Dies .- The "Scotch Irish" move to Nutfield .- Potatoes and Linen .- Apply for a grant of land. - Refused. -Opponents obtain a grant of Chester .- Purchase of Indian title .- They ob- tain a grant .- Difficulty as to their line .-- Emigration continues,-They move to adjacent places .- Harrytown settled by-John Riddell, John McNeil and Archibald Stark.
THUS matters remained through the protectorate of Crom- well, but when the restoration of Charles took place, Robert Tufton, at once commenced measures to wrest his inheritance from the hands of Massachusetts; yet with indifferent success. Assuming the name of Mason according to the condition of his Grandfather's will, he petitioned the king for possession of his right. His petition was received with favor and was re- ferred to the Attorney General Sir Geoffrey Palmer, who gave his opinion that his title to the province of New Hampshire was " good and legal." Here the matter rested for awhile. But in 1664, when a Commission was issued to Colonel Richard
* Folsom's Saco and Biddeford, pg, 21.
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117
RANDOLPH'S MISSION.
Nichols, Sir Robert Carr, George Cartwright and Samuel Maverick Esqrs., to examine and determine as to certain com- plaints brought against the people of Massachusetts, Mason's claim and its bounds came in for especial attention. This commission seems to have had no other effect in New Hamp- shire than to widen the difficulty between the adherents of Mason and those in the interest of Massachusetts, which were in fact the major part of the people.
Upon the return of the commission, without determining any ·thing in his favor, Mason attempted to sell his claim to the government. Not succeeding in this project, he again petition- ed the king to have his property restored. His petition was referred to the Attorney General, Sir William Jones, and the Solicitor General, Sir Francis Winnington, who reported that Robert Mason "had a good and legal title to said lands." Soon after, Edward Randolph a kinsman of Mason's was dispatched by the Lords of Trade "to inquire into the state of the country,"-and he was also the bearer of a letter citing the colony of Massachusetts to appear by agent within six months to answer the complaints preferred against them by Mason and the heirs of Gorges. Randolph's mission to the colonies was the cause of much excitement. Massachusetts and the people in her interest, treated him very cavalierly and Randolph upon his return in a report to the king and another to the Lords of Trade, animadverted very severely and with much truth upon the course pursued by Massachusetts. Upon Randolph's leaving the colonies, the government of Massachu- setts, forth with made preparations to meet the complaints made against them by Mason and the heirs of Gorges.
They found themselves in an unfortunate position. During the civil wars and the protectorate, when the affairs of the royalists were at the lowest ebb, they had seized upon the domain of Mason and Gorges under the shallow and unjusti- fiable pretence that it was covered by their charter. This in- justice the proprietors were in no situation to meet. Of this the government of Massachusetts was well aware and she prose- cuted and completed her claim with a high hand. But now the tables were turned. Mason and the heirs of Gorges were in high favor at court, and Massachusetts, more than suspected of disloyalty, was in ill favor with his Majesty and his court.
In this delemma, the special council was summoned, and it was determined to meet the complainants by agents. These agents William Stoughton and Peter Bulkley, Esqrs.,-forthwith sailed for England, with proper instructions to guide their con-
118
THE HISTORY OF MANCHESTER.
duct in the affair. The hearing was had before the Lord Chief Justice of the King's Bench, and the agents of Massachusetts, in the name of the colony, at once abandoned their unjust claim, by claiming to hold by their charter no lands beyond a line three miles north of the Merrimack, to follow the river as far as it extended. This was virtually abandoning their whole case, and it left Mason and the heirs of Gorges without matter of complaint for the future. This position of the agents left but little for the Judges to determine upon as to New Hampshire ; they reported however to the King, restricting Massachusetts to her original bounds and that the four towns of Portsmouth, Dover, Exeter and Hampton, were out of the bounds of Massa- chusetts." In this position of affairs, Massachusetts, through an agent, purchased the interest of Gorges' heirs in Maine, and thus obtained possession of the soil. It is not a little strange that she had not pursued the same policy as to Mason's interest in New Hampshire. Had she pursued that reasonable policy then, or afterwards, much of legislation, expense and acrimony might have been prevented.
New Hampshire was forthwith detached from Massachusetts and made into a separate government, mainly for the purpose of establishing courts, in which Mason might legally recover possession of his inheritance. A President and Council were appointed by royal commission for the government of the province. But the officers assumed the government with re- luctance, the people being universally opposed to Mason's claim. Before issuing the commission for a new form of government, the King had obliged Mason to agree under hand and seal to demand no rents of the people in possession of lands, for time past, and to quit claim to them and their heirs provided they would pay to him a sixpence on the pound of the value of houses they had and lands they had improved. But when in the last of the year 1780, Mason came into the province, the most of the people refused to take leases from him of these lands. Much of exasperation and excitement followed, till at length Mason was obliged to leave the country. Arrived in England, he had the address and influence to procure from the King a change of the form of government, and Edward Cran- field, Esq. was appointed and duly commissioned Lieutenant Governor and Commander-in-Chief of New Hampshire. To bring about this change in his favor, Mason surrendered one fifth of all quit rents to the King that had, or might accrue to him from his demanded possessions, and by another deed, mort- gaged to Cranfield his entire possessions in New Hampshire,
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119
THE MILLION PURCHASE.
to secure to him, for the term of seven years, the annual pay- ment of one hundred and fifty pounds. Cranfield arrived and published his commission on the fourth day of October, 1682. The government was organized forthwith. Courts were estab- lished and suits were brought by Mason against the principal inhabitants to recover lands in their possession. Judgments were rendered against the defendants in the most expeditious and summary manner, for possession and costs. Some claimed appeal to the King, while others acquiesced in the decisions of the courts.
The emissaries of Massachusetts were not idle, and soon the colony was in the greatest excitement and confusion ; the result of the whole matter was, that Cranfield was obliged to leave his government in a clandestine manner, and Mason's in- terests were rather retarded than forwarded by this second government formed for his relief. Cranfield's course as Gover- nor cannot be justified. He was disappointed, became exasper- ated, and carried his measures with a high hand ; but still sin- ning, he was sinned against. He was surrounded by enemies, as a large majority of the land holders were opposed to him and his government. But his most formidable enemy was Massachusetts, and although great pains seem to have been taken to cover up the designs and macchinations of that colony, yet sufficient facts have transpired and such documents have been preserved, as to show that in all the leading measures con- cocted and carried out against Cranfield and his government, Massachusetts was a good deal more than a disinterested spec- tator.
Finding that he could accomplish nothing with the courts in New Hampshire, Mason sold his claim to a large tract of land in the valley of the Merrimack, to a company of men in Massa- chusetts, stipulating for an annual rent of ten shillings for him- self and heirs. This tract of land had already been purchased of the Indians by this company, extended in width three miles on each side of the Merrimack, in length from the mouth of the Souhegan to Lake Winnepesaukee and was known as the " Million Purchase." This purchase included the ancient " Namaoskeag " as well as the grant to Passaconnaway and was the second sale by the Indians of their birthright in this neigh- borhood. Mason by this sale, thought to secure the acknowl- edgment of his claim on the part of the owners of the soil. But in this matter he was mistaken, as the sequel will show. Soon after, Mason returned to England when another form of government was determined upon for the colonies of New
120
THE HISTORY OF MANCHESTER.
England. The whole were to be united and put under the control of a Governor General. Accordingly, to smooth the way for such a measure, a commission was issued appointing Joseph Dudley, Esq., President of New England, with a Deputy President and fifteen Councillors. The new government went into operation May 25, 1686. The territory embraced in this commission, comprised Massachusetts, New Hampshire, Maine and Narraganset Province. On the 10th of June, 1686, an order was issued by the President, organizing the Courts at Law. Massachusetts was divided into four Counties ; Suffolk, Middle- sex, Essex and Hampshire ; while Maine and New Hampshire were recognized as Provinces, and courts established in each, with the right of appeal to the Supreme Court holden annually at Boston. This order of President Dudley was issued under " the great seal," thus *
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# See files in Secretary's Office, N. II.
121
SIR EDMUND ANDROS.
Namaoskeag and in fact the whole valley of the Merrimack north of the Pawtucket, including The Million Purchase, as being west of a "line three miles north of the Merrimack as the river runs," came within the jurisdiction of Massachusetts, and was a part of the County of Middlesex.
But the new government had hardly been organized, before Sir Edmund Andros arrived at Boston with a commission as Captain General and Governor-in-Chief of "the territory and domaine of New England." It is probable that Mason had very little to do in bringing about the new form of government. If he had, the officers of the new government proved not his friends, and his interests suffered under their administration. In fact, Graham, the Attorney General gave an oppinion adverse to his right to grant his lands by lease and the courts would not grant him executions on his judgments already recovered. However, President Dudley ordered his causes to be removed before the Supreme Court at Boston, but before the time of the session, Mason himself was removed by death. Upon news of the revolution in England, Andros was seized and imprisoned by the people of Boston, and afterwards was sent with his principal officers to England. The government in Massachu- setts was administered by a "Committee of Safety," till orders came from England. This "Council of Safety " may be con- sidered as the prototype of the "Committee of Safety " so prevalent and effective in the revolution a century afterwards. The subversion of Andros' government left New Hampshire again in disorder. Soon, however, a convention was called, and at a second sesssion, it was voted to unite with Massachu- setts. The union was consummated and continued for three years.
Meanwhile, April 27, 1691, John and Robert Mason, the sons and heirs of their father Robert Mason, sold their claim to lands in New Hampshire, to Mr. Samuel Allen, a Merchant of London, for the sum of seven hundred and fifty pounds. Allen was ap- pointed Governor of the Province, and his son-in-law John Usher of Boston, Lieutenant Governor, with a council mostly favorable to his claim. Governor Allen continued in England, entrusting the administration of the government to Usher for several years. This was impolitic, as Usher was unpopular and overbearing, and his conduct produced much feeling against the proprietor. At length, in 1797, the Earl of Bellomont was ap- pointed to the government of New York, Massachusetts and New Hampshire. But he not comming eastward to assume the government, and the difficulties in New Hampshire remaining,
122
THE HISTORY OF MANCHESTER.
-Governor Allen came over in 1698, and in August of that year commenced the exercise of his office. But Governor Allen's administration gave no better satisfaction, as he was supposed to be under the influence of Usher. The difficulty however was back of this fact ; Allen was proprietor of Mason's claim, and it is fair to presume from a history of the whole controversy, that however just Governor Allen might have been in the administration of the government, he could not have satisfied a party opposed to his personal interests and deter- mined to be pleased with nothing he should do or recommend.
In July, 1699, the Earl of Bellomont came into New Hamp- shire and assumed the government of the province under his commission. The new government was immediately organized and the leading opposers of the Masonian claim were appointed to the important offices. A majority of the Justices of the Superior and Inferior Courts were men, who at some stage of the controversy, had been parties in Mason's legal proceedings for the recovery of his estate. Of course Allen had little pros- pect of success under this government. He, however, brought a suit against Chief Justice Waldron, which was tried before the Province courts and decided in favor of the defendant. Allen then claimed an appeal, but the court refused to allow it. He then petitioned the King for redress-who granted his ap- peal by an order in council. Meantime, March 5, 1701, the Earl of Bellomont died at New York, leaving New Hampshire under the executive management of William Partridge, Esq., Lieut. Governor. The following year King William dying, his successor Queen Anne, commissioned Joseph Dudley, Esq. as Governor of Massachusetts and New Hampshire. During this time Allen's suit had made no progress, but more important affairs being arranged, his appeal came on before the Queen in council, when Waldron had his judgment affirmed, owing to the neglect of Allen's attorney. At the same time however, Allen had petitioned the Queen to be put in possession of the waste lands of his claim, and upon that petition, the Attorney General had reported that Allen's claim was good and legal to all the lands unenclosed and unoccupied-and that he might enter and take possession of them. Allen accordingly, in Dec- ember, 1703, entered upon the waste lands in every township and took possession of them "by twig and turf." This done, by permission of the Queen and order in council, he brought another writ of ejectment against Waldron, and the result of this action, was a verdict for the defendant and for the costs. Allen again appealed, but worn with continual vexation, he
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