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 54
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Accordingly, pursuant to the trust reposed in us, we do re- solve, that this Congress assume the name, power, and author- ity, of a house of representatives, or assembly, for the colony of New-Hampshire : and that said house then proceed to choose twelve persons, being reputable freeholders, and inhabitants within this colony, in the folowing maner, viz. five in the county of Rockingham, two in the county of Strafford, two in the county of Hillsborough, two in in the county of Chesh- ire, and one in the county of Grafton,-to be a distinct and separate branch of the legislature, by the name of a council for this colony, to continue as such until the third Wednesday in December next ; any seven of whom to be a quorum, to do business :
That such council appoint their president ; and in his ab- sence, that the senior counsellor preside.
That a secretary be appointed by both branches, who may be a councellor, or otherwise, as they shall choose.
That no act, or resolve, be valid, and put into execution, unless agreed to, and passed, by both branches of the legisla- ture.
That all public officers, for the said colony, and each county, for the current year, be appointed by the council and assem- bly, except the several clerks of the executive courts, who shall be appointed by the justices of the respective courts.
That all bills, resolves, or votes, for raising, levying and collecting money, originate in the house of Representatives.
That, at any sessions of the council and assembly, neither branch shall adjourn, for any longer time, than from Saturday till the next Monday, without consent of the other.
498
THE HISTORY OF MANCHESTER.
And it is further resolved, that if the present unhappy dis- pute with Great Britain, should continue longer than the pres- ent year-and the Continental Congress give no instructions or directions to the contrary-the council be chosen by the people of each respective county, in such manner, as the coun- cil and house of representatives shall order.
That general and field officers of the militia, on any vacan- cy, be appointed by the two houses, and all inferior officers be chosen by the respective companies.
That all officers of the army be appointed by the two houses, except they should direct otherwise, in case of any emergen- су.
That all civil officers, for the colony, and for each county, be appointed, and the time of their continuance in office, be determined, by the two houses, except clerks, and county treas- urers, and recorders of deeds.
That a treasurer, and a recorder of deeds, for each county be annually chosen, bv the people of each county respectively ; the votes for snch officers to be returned to the respective courts of general sessions of peace, in the county, there to be ascer- tained, as the council and assembly shall hereafter direct.
That precepts in the name of the council and assembly, signed by the president of the council, and speaker of the house of representatives, shall issue annually, at or before the first day of November, for the choice of a council, and house of representatives, to be returned by the third Wednesday in December then next ensuing, in such manner, as the council and assembly shall hereafter prescribe."
The government was duly organized under this act, the House having forthwith chosen a Council according to its pro- visions, and the various officers being chosen agreeably thereto.
The Counsellors chosen were,
Meshech Weare, Hampton Falls, Matthew Thornton, Londonderry, William Whipple, Portsmouth, Josiah Bartlett, Kingston,
Rockingham County.
Nathaniel Folsom, Exeter,
John Wentworth, Dover,
Ebenezer Thompson, Durham, $ Strafford County.
499
COMMITTEE OF SAFETY FOR 1776
Wyseman Clagett, Litchfield, Jonathan Blanchard, Dunstable,
Samuel Ashley, Winchester, Benjamin Giles, Newport,
Hillsborough County.
Cheshire County.
John Hurd, Haverhill,
Grafton County.
Hon. Meshech Weare was chosen President of the Coun- cil. He was also chosen Chief Justice of the Superior Court. It was soon found that the government was sadly defective in not having an Executive head. This was foreseen, but there was such an antipathy against one man power, as had been ex- hibited by the governors under the royal government, that the people were opposed to one executive officer. To obviate this defect in part, and that there should be an executive in the re- cess of the Legislature, a "Committee of Safety" was appoint- ed. These Committees were chosen by every Legislature, and were considered as the supreme executive of the State, and their acts were considered as binding as those of the Legisla- ture, when in session. The Committee of Safety for 1776, consisted of
Meshech Weare, Hampton Falls, Phillips White, South Hampton, Joseph Moulton, Hampton, Peirce Long, Portsmouth, Timothy Walker, Concord, Benjamin Barker, Stratham, Joseph Dudley, Raymond,
Rockingham Caunty.
Ebenezer Thompson, Durham, Otis Baker, Dover, John Smith, Durham,
Strafford County.
Matthew Thornton, Merrimack, Wyseman Clagett, Littchfield, Matthew Patten, Bedford,
Hillsborough County.
Nathaniel S. Prentice, Alstead,
Cheshire County.
Meshech Weare, was chosen President of the "Committee of Safety" and Ebenezer Thompson, Secretary. Mr. Weare, and some others were continued members of this committee by an- nual election until the alteration in the form of government in
500
THE HISTORY OF MANCHESTER.
1784. Mr. Weare was also President of the Committee usu- ally but not always ; Hon. Josiah Bartlett, Hon. Matthew Thornton, and Dr. Thompson having often been elected to that responsible office.
The government thus established continued in operation un- til 1784, though there were unsuccessful attempts to change it in 1779, and in 1781. In 1777 the subject of a form of state government was agitated in the Legislature, and the sense of the people was requested to be taken on that subject, at the same time they were to approve or disapprove of the "Articles of Confederation, and Perpetual Union, published by the Con- tinental Congress." A meeting for these purposes was held in Derryfield, February 9, 1778, at which the "artictes of Confed- eration and perpetual Union published by the Continental Con- gress were read and unanimously approved by said Town."
It was also voted at the same meeting, "to Chouse a Com- mittee to Give Instructions to their Representative Concerning framing a New Plan of Government for the state, and that said Committee consist of Seven men (viz.) William McClintock, Col. John Goffe, Lieut. John Hall, John Harvey, David Starret, Ensn. Samuel Boyd and Lieut. Moore."
A Convention was called to meet at Concord, June the 10th 1778, to form a plan of Government. There was no delegate in attendance from this town. The Convention continued in session from time to time, formed a Plan of Government and sent it out to the people June 5, 1779. They then adjourned to meet on the third Tuesday, (22d) of September, in Con- cord. This plan provided for a General Court consisting of a House of Representatives and a Council. The Council was to consist of twelve members, five from the County of Rocking- ham, two from Strafford, two from Hillsborough, two from Cheshire, and one from Grafton. Every man paying taxes and being of the Protestant religion was to be an elector, and any one being a protestant, and possessor of an estate of three hundred pounds could be elected. Every town having one hundred families was to send a representative, and those having lesss then that number, were classed together. The common and statute laws of England were adopted except those militating with the provisions of the proposed Plan.
There was much opposition to the Plan and it was rejected. In Derryfield a town meeting was held on the 19th of August 1779, to consider the Plan of Government proposed, and it was referred to a Committee for consideration. The Commit- tee consisted of Col. John Goffe, Lieut. John Hall, Lieut. Sam-
501
CONVENTION OF 1781.
uel Boyd, Ensign Joseph Saunders, and Messrs. John Shel- don, Abel Huse, and Jonathan Russ.
At an adjourned meeting, held September 13, 1779, the Committee reported they could not agree upon the subject, and it was disposed of by vote, two voting to accept the plan, and thirty one voting to reject it !
On the same day, the town voted to send a Delegate to the Convention to be held at Concord on the 22d of that month, and made choice of Capt. John Perham as such Delegate.
Upon the meeting of the Convention in September, their Plan proposed, had been rejected by so decided a majority, that they thought it not worth while to act farther upon the sub- ject.
In 1781, another Convention was called and met at Concord on the first Tuesday of June, to form a permanent plan or system of Government.
The people of this town refused to send a delegate to the Convention. The Convention formed a Plan of Government and sent it out to the people together with an Address signed by their President and Secretary, discussing the merits of the proposed Constitution. The Convention then adjourned to the fourth Wednesday of January 1782.
Their Plan of Government proposed some radical changes. The legislative power was vested in a Senate and House of Representatives. To be elected to the former, a man must be possessed of an estate of four hundred pounds. free of debt and one half to be real, while to be elected to the latter a man must be possessed of two hundred pounds free of debt, and one half real. Then it proposed the election of members of the House in a novel manner. Every town having fifty rate- able polls was entitled to choose a member of a kind of Con- vention within the County-and the members of this Conven- tion elected from their number the Representatives to the Leg- islature from that County.
The executive power was vested in a Governor, with limi- ted powers and time of holding office.
A town meeting was called in Derryfield December 25th, 1781, "to consult the plan of Government, and to approve or disapprove of any part of said plan."
The subject was referred to a Committee consisting of Capt. Samuel Moor, Lieut. John Perham, Ensign Joseph Saunders, Ensign Samuel Stark and Wm. Freeto and they were to re- port to an adjourned meeting. They then adjourned to the
502
THE HISTORY OF MANCHESTER.
third Thursday of January. The action of the town at the adjourned meeting is thus recorded.
"January 17, 1782, the town met according to adjourn- ment, and after voting down some part of the plan of govern- ment, that is Needless to be here Inserted, they voted not to send any man to Convention and the moderator dissolved the meeting."
The Plan was generally rejected throughout the State, and when the Convention met, they found their labors had been disapproved. The Convention however, continued its sessions, and on the last Tuesday of December, 1782, resumed its la- bors.
The existing form of government was only provisional, as has been before named. It was to continue ouly as long as there was war. Accordiugly, there being a prospect of peace, the Legislature at its last session, passed a resolution that in case peace should take place, the present form of government should continue till June 10, 1784. This resolution wat sent to the several towns in the State for their approval.
A meeting was called in this town on the 13th day of No- vember to consider of this subject, at which they voted by a decided majority to adhere to the then existing "plan of gov- ernment," The record of the meeting reads thus ;
"Voted to Except of the plan of Government as it Now Stands.
Contents 14. Non Contents 1."
At the same time, they refused to send a delegate to the Convention.
The Resolution of the Legislature was ratified by a majori- ty of the towns.
At the meeting of the Convention at Concord, on the last Tuesday of December, the people had taken so little interest in the matter and there were so many defects in the returns, that they determined upon an adjournment. The President, George Atkinson Esq., and the Secretary, Jonathan M. Sew- all Esq., published an address of the Convention to the people, from which is given the following extract, showing the diffi- culties attending the formation of the Constitution.
"'Tis now almost two years since the Convention for fra- ming a Constitution of Government for the people of this State,
503
ADDRESS OF CONVENTION.
was called ; and we are pained to say, we see less prospect of succeeding, than when we first made the attempt.
Six times we have met and adjourned, and twice have been at the pains of printing such a form as we thought would be best for, and most acceptable to the people-all at an amazing expence to the State, and yet not half its inhabitants have thought proper to give themselves the least concern about it.
At our first meeting we agreed upon the essentials of the plan. and appointed a Committee to prepare the draught. At our second, we received it, and voted to print and send out to the people 700 copies thereof, informing them that not less than two thirds of the voters in favor of the plan should be suffi- cient to establish it.
Our next meeting, to receive the votes was so thin, and so few returns were made, that we adjourned to a better season of the year, in hopes that both would be more ample, at the next meeting ; and in the mean time recommended to the sev- eral towns to send more members, and be more explicit, as well as numerous in their returns.
We met the fourth time ; we received and considered the votes, and appointed a committee to make the necessary altera- tions. At our next meeting we voted to receive the plan thus altered, and to print & send out to the people 800 copies there- of. It was so done. After a long recess we again met to re- ceive the votes, but to our great grief and surprise, not half the towns within the State, made any returns, and of those that did, not a fifth part of their inhabitants voted.
One reason of this we find by many of the returns, was that the people conceived they were obliged to take a certain oath of allegiance, in order to qualify them to vote respecting the con- stitution, which they for some reasons declined. We therefore take this opportunity to assure them that it is the full sentiment of the Convention, that they are under no necessity of taking it, the act imposing the oath, not reaching to matters of this kind ; and provided the votes are given in public town meeting, that that the Convention will as readily receive them without the voters taking the oath as with it.
We find great defects in the returns last made. In many, the number of voters is not mentioned. Some of the towns that voted in favor of a chief magistrate, but against his title of Governor, have not been explicit as to his powers. Many towns that have voted against the mode of representation and a variety of other matters, have omitted pointing out the amend-
504
THE HISTORY OF MANCHESTER.
ments. Some have condescended to criticize single words ;- others have confined many of their observations merely to the address, tho' that is no part of the Constitution.
From these and many other considerations, the Convention have thought it best to adjourn once more before they make any further alterations in the frame, to give the people the full- est opportunity to consider and give their sentiments thereon, as well as to rectify any mistakes and supply all defects, that the Convention may have a tolerable assurance that the plan, after all, will be received. In order to which all the towns that have acted, are at full liberty to make any alterations, or if they chuse, to proceed as if they had never acted at all ; and they have adjourned to the first Tuesday of June next, then to meet at Concord."
Meantime the articles of peace had been ratified by Con- gress and our old form of State government was at an end by its own provisions. But this state of things had been antici- pated by the Legislature, and in"consequence of its action, the Committee of Safety issued the following Proclamation, con- tinuing the form of Government for a specified period.
"State of In Committee of Safety, April 16, 1783. A Proclamation.
New Hampshire.
Whereas the Form of Government agreed upon by this State, in the year of our Lord one thousand seven hundred and seven- ty six, was (considering the then situation of affairs) establish- ed to continue only during the unhappy and unnatural contest then subsisting with Great Britian :
And whereas the General Assembly of this State in their last session, from information they received, had a promising prospect of a speedy and happy termination of those contests, and establishment of Peace ; and taking into consideration the fatal consequences which might follow from being destitute of a regular Form Government, did pass a Resolve recommending that the present Government be continued in its full force 'till the tenth day of June, one thousand seven hundred and eighty four, notwithstanding a general pacification should take place in the mean time ; provided a permanent Plan of Government for this State should not be established antecedent to that pe- riod :
And it was recommended to the Selectmen of the several towns and places in this State to lay said Resolve before the inhabitants at their next annual meetings, if received before such meetings were finished, if not so received, then at meet-
505
PROCLAMATION OF COMMITTEE SAFETY.
ings to be called for that purpose ; and the inhabitants were re- quested to signify, by vote, their approbation or disapprobation ot continuing the present Government according to said Resolve ; and the Clerks of the several towns and places were required to certify the same to the Committee of Safety, on or before the 15th day of April then next.
Which returns having been made and carefully examined by the Committee, it appears clearly to be the voice of the inhab- itants of this State, that the present Plan of Government be continued agreeably to said resolve.
We therefore hereby make known, That the present Plan of Government for this State, is continued in full force and effect until the tenth day of June, one thousand seven hundred and eighty four, provided a permanent Plan of Government for this State should not be established antecedent to that period.
And all officers, civil and military, and all persons concerned, are to take notice hereof, and govern themselves recordingly.
M. WEAK E. President. By order of the Committee, J. PEARSONS, Dep. Sect'y."
At the meeting of the convention in June, it was found that the proposed plan was objectionable to the people, and changing the name of the Executive from Governor to President and limiting his powers, they sent the Constitution again to the people for their approval, accompanied with an Address drawn up by a committee appointed for that purpose.
A meeting was held in this town, September 16, 1783, to consider the plan of Government. The subject was refer- red to a Committee of seven, consisting of General John Stark, Major John Webster, Lieut. John Hall, John Goffe, Jur. Lieut. John Perham, Ensign Samuel Stark, and James Gorman who were to report at an adjourned meeting.
"The subject of " the 8th article of the Confederation, " coming legally before the same meeting, it was referred to the same Committee.
At the adjourned meeting, September 23d, the committee reported in favor of accepting the plan of government, and their report was unanimously accepted by the town.
It was also
"Voted that the clause in the Eight article of Confederation stand as it now is," probably agreeable to the report of the Committee.
The eighth article was as follows .
506
THE HISTORY OF MANCHESTER.
"ART. VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general war- fare, and allowed by the United States in Congress assembled shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or surveyed for any person, as such land and the buildings and the improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time appoint and di- rect. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled."
The Constitution was generally accepted throughout the State.
The Convention finished their labors after nine sessions, on the 31st day of October 1783 and published and declared the accepted plan of Government to be "the civil constitution of the state of New Hampshire."
This Constiuttion provided for an Executive entitled the President, to be elected annually, to possess an estate of five hundred pounds, one half a freehold, and to be of the Protestant religion. It also established a General Court, consisting of a Senate and House of Representatives. The Senate was to con- sist of twelve ;- five from Rockingham, two from Strafford, two from Hillsborough, two from Cheshire, and one from Graf- ton. Each senator was to possess a freehold of two hundred pounds and be of the protestant religion, thirty years of age, and an inhabitant of the State seven years. Each town having a hundred and fifty rateable polls was entitled to a representative, and to another for every three hundred additional rateable polls. Towns having a less number than one hundred and fifty were to be classed.
Each representative to be of the protestant religion and to have an estate of one hundred pounds, one half a freehold, in the town from which he was elected, and he must have been an inhabitant of the state two years.
There was also a Council of five members, to be elected an- nually, by the General Court, two from the Senate and three from the House of Representatives.
The March elections through the State were held under this Constitution.
507
INSURRECTION OF 1786.
In Derryfield, the annual election was held the first day of March 1784. The record of voters for President and Sena- tor are as follows :
"For Josiah Bartlett,
17 votes.
66 John Langdon,
9 66
John Calf, 1
Votes for Senator as follows :
"For Gen. Nichols,
13
66 Esqr. Bailey,
9
66
Levt. John Orr,
2
Gen. Stark,
1
66
Esqr. Blood,
1
66 Joseph Blanchard,
1
66 Esqr. Robert McGregor,
1
=
Esqr. Abbott,
1
Hon. Meshech Weare .was elected President, being the first executive officer elected by the people in New Hampshire. The government was duly organized on the first Wednesday of June under this Constitution at Concord, amid the rejoicings of the people.
The goverment under this Constitution, went along quietly and without opposition until the fall of 1786. Then, an or- ganized opposition in arms, only proved its stability. The state of the currency produced much discontent. Many individu- als had become embarrassed by contracts entered into while paper money was in full favor, others had lost their earnings by depreciation,and still others had spent years in the service of their country and had been paid in paper money,-that was next to worthless. Discontent on this subject generally prevailed, and it was generally believed that the evils might be met by legislative enactments. Such however, had only made matters worse. Still excitement was kept up, meetings were held in many towns, and delegates chosen to a convention, while a formal petition was agreed upon to the legislature, pray- ing for an emission of bills of credit. At the session of the Legislature, an issue of £50,000 at four per cent on land se- curity and carrying an interest of six per cent, redeemable at some future time, was agreed upon-and the plan was sent to the various towns for their assent or dissent.
This plan did not suit the most clamorous for paper money, and they determined to coerce the Legislature into their meas- ures. Runners were accordingly sent into the most disaffected
508
THE HISTORY OF MANCHESTER.
towns, calling upon the people to arm, go to Exeter, and demand of the Legislature an emission of paper money, and other enact- ments to suit their views. The interested, young and thought- less, obeyed the call, and on the 20th of September about two hundred men entered the town of Exeter, some on foot, some mounted, about one hundred armed with muskets, and the rest with clubs and canes. The principal leader of the civilians was Moses French of Hampstead, a man who had before taken a conspicuous part, and presided at their late Convention.
Of the military men, there were Colonel Benjamin Stone Major James Cochran, of Pembroke, Capt. James Cochran o Pembroke, Capt. John McKean of Londonderry, Capt. Ela Dowe, Lieut. Asa Robinson of Pembroke, Lieut's. Clough, and Brown, and Ensign Thomas Cotton.
It will be seen that most of these men were from the wes- tern part of the County of Rockingham, and we are sorry to say that the disaffection was most rife in that section. Arrived at Exeter, the mob organized, chose French Moderator of their meeting, and passed certain resolves, which were sent to the Legislature, they then marched over the bridge and back, and surrounded the court house, where Judge Livermore was hold- ing court. The Judge remained unmoved and would not per- mit the people to look upon the mob from the windows of the court house. They soon left and marched to the meeting house, which they surrounded.
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