USA > New Hampshire > History of New Hampshire, Volume II > Part 22
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Mr. President, I cannot be of the opinion of the honorable gentleman who last spoke, that this paragraph is either so useful or so inoffensive as they seem to imagine, or that the objections to it are so totally void of foun- dation. The idea that strikes those, who are opposed to this clause, so dis- agreeably and so forcibly, is, hereby it is conceived (if we ratify the Constitu- tion) that we become consenters to and partakers in the sin and guilt of this abominable traffic, at least for a certain period, without any positive stipulation that it should even then be brought to an end. We do not behold in it that valuable acquisition so much boasted of by the honorabble member from Portsmouth, "that an end is then to be put to slavery." Congress may be as much, or more, puzzled to put a stop to it then, than we are now. The clause has not secured its abolition.
We do not think ourselves under any obligation to perform works of supererogation in the reformation of mankind; we do not esteem ourselves under any necessity to go to Spain or Italy to suppress the inquisition of those countries; or of making a journey to the Carolinas to abolish the de- testable custom of enslaving the Africans; but, sir, we will not lend the aid of our ratification to this cruel and inhuman merchandise, not even for a day. There is a great distinction in not taking a part in the most barbarous violation of the sacred laws of God and humanity, and our becoming guaran- ties for its exercise for a term of years. Yes, sir, it is our full purpose to wash our hands clear of it; and, however unconcerned spectators we may remain of such predatory infractions of the laws of our nature, however unfeelingly we may subscribe to the ratification of manstealing, with all its baneful con- sequences, yet I cannot but believe, in justice to human nature, that, if we reserve the consideration, and bring this claimed power somewhat nearer to our own doors, we shall form a more equitable opinion of its claim to this ratification. Let us figure to ourselves a company of these manstealers, well equipped for the enterprise, arriving on our coast. They seize and carry off the whole or a part of the inhabitants of Exeter. Parents are taken, and children left; or possibly they may be so fortunate as to have a whole family taken and carried off together by these relentless robbers. What must be their feelings in the hands of their new and arbitrary mas- ters? Dragged at once from everything they held dear to them-stripped of every comfort of life, like beasts of prey-they are hurried on a loathsome and distressing voyage to the coast of Africa, or some other quarter of the
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globe, where the greatest price may await them; and here, if any thing can be added to their miseries, comes on the heart-breaking scene. A parent is sold to one, a son to another, and a daughter to a third. Brother is cleft from brother, sister from sister, and parents from their darling offspring. Broken with every distress that human nature can feel, and bedewed with tears of anguish, they are dragged into the last stage of depression and slavery, never, never to behold the faces of one another again. The scene is too affecting. I have not fortitude to pursue the subject.8
Joshua Atherton was born in Harvard, Massachusetts, June 2, 1735 and was graduated at Harvard College in the same class with Dr. Belknap. He removed to Amherst in 1773, having been appointed Judge of Probate of Hillsborough county. Dur- ing the Revolution he was an open and pronounced loyalist and was imprisoned in Exeter and Amherst jails as a suspected person. At one time a mob pelted him with rotten eggs. He refused to sign the Association Test, but took the oath of allegiance in 1779, after which popular favor returned to him. He was a delegate to the constitutional conventions of 1783 and 1792. He also served as State Senator and Attorney-General in 1794. He died in Amherst April 3, 1809. His son, Charles Humphrey Atherton was one of the most prominent lawyers of the State, and his grandson, Charles Gordon Atherton, was member of Congress in 1838, when he introduced what was called the "Gag" rule of the House, which provided that all petitions for the abolition of slavery should be laid on the table and no further action taken upon them, which rule continued in force for seven years. Six years he was United States Sena- tor. His sentiments respecting slavery seem to have been not so pronounced against that institution as were those of his grandfather.9
The Revolution virtually put an end to slavery in the North. No emancipation law was ever enacted by New Hampshire, though an act in 1789 seems to reveal the intention of legisla- tors to regard slavery as a dead letter. The census of 1790 shows only one hundred and fifty-eight slaves in New Hampshire, and these were old servants held and supported out of kindness. The census of 1800 shows only eight slaves; in 1840 one is reported.
8 Debates in State Conventions on Adoption of the Federal Constitu- tion, II., 203-4.
9 Secomb's Hist. of Amherst, 859-861.
Chapter IX PROGRESS IN CONSTITUTIONAL GOVERNMENT
Chapter IX
PROGRESS IN CONSTITUTIONAL GOVERNMENT.
First Session of the General Court-Sermon of Rev. Samuel Mcclintock- Religious Faith a National Asset-Convention to Ratify the National Constitution-Adjournment from Exeter to Concord-Leaders in the Debate-Federalists and Anti-Federalists-New Hampshire the Needed Ninth State to Ratify-Vote and Message to Congress-Amendments Recommended-Old Forms of Expression Should Be renewedly Inter- preted-Revision of 1791-2-Leading Men of the Convention-Influence of William Plumer-Proposed Abolition of All Religious Tests De- feated-Judicial Reform Defeated-Too Many Lawyers among the Law-makers.
T HE first session of the General Court after the adoption of the State Constitution was held in Concord, on the second day of June 1784. Meshech Weare, the political Nestor of his times, was chosen President of the State by a very large majority. In his absence Josiah Bartlett presided at the first session. The members of the Council were John McCleary of Epsom and Francis Blood of Temple, chosen from the Senate, and Joseph Badger of Gilmanton, Nathaniel Peabody of Atkinson and Moses Chase of Cornish from the House of Representatives. Ebenezer Thompson, who had served so long as secretary of the Com- mittee of Safety, was chosen Secretary of State. Joseph Pearson of Exeter was made deputy secretary and paymaster of pensions. John Taylor Gilman of Exeter was Treasurer, and Eleazer Russell of Portsmouth was Naval Officer. The office of Chief Justice was filled by Samuel Livermore of Holderness, and Josiah Bartlett, William Whipple and Leverett Hubbard (suc- ceeded by John Dudley of Raymond by appointment) were Puisne Justices. John Sullivan was chosen Attorney-General, and he also was Major-General of the militia. The twelve State Senators were Woodbury Langdon, John McCleary, Joseph Gil- man, Timothy Walker, John Langdon, John Wentworth, Ebenezer Smith, Francis Blood, Matthew Thornton, Simeon Olcott, Enoch Hale, and Moses Dow. There were ninety-one members of the House of Representatives.
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On the following day an election sermon was preached in the church by the Rev. Samuel McClintock1 of Greenland, by vote of the General Court; a custom thus begun continued many years. The sermon on this occasion was one of remarkable interest and breadth of thought. It was printed in full, and from a copy the following words are selected :
The present glorious revolution in this land affords a striking proof of the truth we are considering. The divine hand hath been so signally dis- played in the events and occurrences which have led to it, that those who are not convinced of the government of providence over the affairs of nations by what has passed before them in these late years, would not have been persuaded if they had been eyewitnesses of the mighty works which God wrought in the midst of his peculiar people. For though the events were not strictly miraculous, yet they were truly marvellous, and so circum- stanced, that they never can be rationally accounted for without admitting the interposition of providence. The greater the disproportion between the means and the effect, the more evident is the divine power: And surely there has seldom, in any case, been a greater disproportion between the means and event, than in the present one. Hardly any people were ever less prepared to enter the lists with such a great and powerful nation. War was not our object or wish : on the contrary, we deprecated it as a dreadful calamity, and continued to hope, even against hope, that the gentler methods of petitioning and remonstrating might obtain a redress of grievances. The war on our part was not a war of ambition, but a justifiable self-defence against the claims of an arbitrary power which was attempting to wrest from us the privileges we had all along enjoyed, and to subject us to a state of abject servitude. In this light it was viewed by the nations of Europe, and even by some of the most illustrious characters in both houses of the British parliament, who, in their public speeches, have justified our resistance, and acquitted us from the guilt of the blood that has been spilt.
It was after we had been treated with repeated insults and injuries- after our dutiful petitions had been rejected with contempt-after the Brit- ish administration had held up the high claim of authority to make laws, binding us in all cases whatsoever, the plain language of which was, we have authority and power to do with you as we please and if you will not quietly submit, and deliver up your earnings to support us in our luxury and extrav- agance, and be hewers of wood and drawers of water for us, we will lay
1 He was born in 1732, son of William McClintock, who came from Londonderry, Ireland, with the Scotch-Irish emigration of 1718. He was educated at Princeton College, whence he later received the degree of Doc- tor of Divinity. He was chaplain at the Battle of Bunker Hill and was kneeling in prayer for the patriots while the battle ragged. Trumbull has painted him in his great picture of that battle. Three of his sons became officers and laid down their lives in the Revolution. He died in Greenland, April 27, 1804, aged seventy-two, in the forty-eighth year of his ministry.
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waste your country with fire and sword, and destroy you from under heaven -- It was after the sword had been drawn, and blood shed on the plains of Lexington, and on the fatal Bunker-hill, so that no alternative remained, but either absolute submission or open resistance-It was, I say, after all this, that the representatives of the people in Congress chose the latter, de- clared for Independence, and relying on the justice of their cause, and the aid of the Almighty, resolved to support it by force of arms .- At that time our contest with Britain appeared, from a consideration of the difference be- tween their circumstances and our's, as unequal as that between the stripling David and the giant of Gath; and the improbability of our success as great, as that he with a sling and stone should overcome that proud and mighty enemy, clothed with armour from head to foot.
They were men of war from their youth. They had regular troops, used to service, who had signalized their valor on the plains of Minden and the heights of Abraham, commanded by able, experienced generals, amply furnished with all the terrible apparatus of death and destruction, and aided by mercenary troops, who had been bred to arms, and were versed in all the stratagems of war-add to this, they had a navy that ruled the ocean and regular resources to supply their demands-on the other hand, we were inexperienced in the art of war, and had neither disciplined troops, nor mag- azines of provision and ammunition, nor so much as one ship of war to oppose to their formidable fleets, nor any regular resources, nor even so much as the certain prospect of any foreign aid-besides, all the civil gov- ernments were dissolved, and the people reduced back to a state of nature, and in danger of falling into anarchy and confusion. From this compara- tive view of their strength and our weakness, to what can our success be ascribed but to that omnipotent hand which directed the stone from the sling? The several steps which led to this great event cannot be rationally accounted for from any other cause. Among these the general union of the people throughout these states is not the least remarkable.
* By this revolution we are not only delivered from the calami- ties of a long, expensive and bloody war, but we may now sit quietly under our own vine and fig-tree, without any to make us afraid, and every man is left at full liberty to pursue the means of opulence and happiness, without the danger of being deprived of the fruits of his industry by the hand of rapine and violence, which is ever the case of those who are either the subjects of arbitrary power or exposed to the ravages of war. By this revolution the rights and privileges of men in a state of civil society are secured to us; and we have the precious opportunity, which few nations have ever en- joyed, to take up government on its first principles and to choose that form which we judge best adapted to our situation, and most promotive of our public interests and happiness. America seems like a young heir, arrived to mature age, who, being freed from the restraints of tutors and governors, takes the management of his estate into his own hands, and makes such laws for the regulation of his domestic affairs, as he judges will be most conducive to establish peace, order and happiness in his family.
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This sermon was delivered before the officers of State, the legislature, a large gathering of ministers and many of the citizens of Concord, who had marched in solemn procession at the sound of music to the church. After the sermon a dinner was given at the expense of the State.
When the belief fully possesses the mind, that God governs in all events, it is easy to trace the movements of His hand to produce the desired outcome. When the unexpected happens, as it almost always does; when history rolls up inexplicable events before us to wonder at; when apparently intricate and complicated plans are offered for our solution ; when the prayers of millions seem to be answered; when justice triumphs over wrong and oppression; when national sins are succeeded by defeats and downfall; then our faith in a Being of infinite wisdom, love and power obliges us to discern the orderings of Providence. Thus the illuminated have always seen God in history. The argument is not convincing to the unbelievers, but it is a mighty source of comfort and strength to the many. Religious faith is one of the most powerful assets of a nation. Whether it be founded on truth or error, it unites the people in strong endeavor; it awakens and sustains a militant hope; it hails victory from afar. Such faith in a righteous Ruler of the nations possessed the souls of our forefathers and helped greatly to win our independence of Great Britain.
The Journals of the Senate and House of Representatives of New Hampshire in the years immediately following the adop- tion of the State Constitution contain very little to engage the attention of the historian or to awaken interest in the general reader. The legislators were busy about taxes, confiscations, imposts, excise, abatements, currency and money matters in general. They sought a return of prosperity through legislation and found that it could be obtained only by industry, economy, agriculture and manufactures. The militia organization was kept up for many years; the whole country kept prepared for assaults of Indians or invasions from abroad, as well as a nation crippled in finances and exhausted by a long war could. A few new towns were incorporated. Highways were encouraged, to better unite the State and facilitate trade. The first milestone of progress was set up in the adoption of the Federal Constitu- tion in 1788.
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The proposed Constitution of the United States was signed by the delegates to the convention that formed it on the seven- teenth of September, 1787. The State convention for its ratifi- cation met at Exeter on the thirteenth day of February 1788. Already six States, Delaware, Pennsylvania, New Jersey, Georgia, Connecticut and Massachusetts, had ratified it. Virginia and New York were debating it and both were expected to vote against it, especially New York. One hundred and thirteen delegates were present, representing one hundred and seventy- five towns and places and a population of about one hundred and thirty-four thousand. Among the delegates were John Langdon of Portsmouth, who had been a member of the national conven- tion that framed the Constitution and was one of its staunch supporters, John Pickering and Pierce Long of Portsmouth, John Taylor Gilman of Exeter, Rev. Samuel Langdon of Hampton, Josiah Bartlett of Kingston, signer of the Declaration of Inde- pendence, John Sullivan of Durham, Joseph Badger of Gilman- ton, John Calfe of Hampstead, Joshua Atherton of Amherst, Ebenezer Webster of Boscawen, Benjamin West of Charles- town, Samuel Livermore of Holderness, Elisha Payne of Lebanon, Benjamin Bellows of Walpole, Dr. Ezra Green of Dover, Rev. William Hooper of Madbury, and others of distinc- tion. The ablest men of New Hampshire were assembled. John Sullivan was chosen permanent president and John Calfe secre- tary. The two parties that had already begun to be formed were known as Federalists and Anti-Federalists. The leaders of the first party, who favored the adoption of the Constitution, were John Langdon, John Sullivan, Samuel Livermore, Josiah Bart- lett, John Taylor Gilman, John Pickering, Benjamin Bellows and Rev. Samuel Langdon ; the leaders of the opposition were Joshua Atherton, Joseph Badger, Rev. William Hooper and others whose names are not so well known. Some wanted a religious test in the Constitution, but the strongest objection was to the twenty years sufferance of the slave trade. The discussion con- tinued for ten days. The opinions of some were changed from opposition to favor, yet they felt bound to vote for their constitu- ents. When it was perceived that a majority could not then be obtained for the Constitution, an adjournment was sought, to give opportunity for a change of mind through public discussion, and this was effected by a vote of fifty-six to fifty-one.
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The adjourned convention met in the meeting house at Concord on the eighteenth day of the following June. Mean- while Maryland had adopted the Constitution, followed soon by South Carolina. Nine States were required to ratify it, and New Hampshire was the ninth to vote thereon. The whole country awaited the decision. Its rejection, it was thought, would un- favorably influence the remining States, although Virginia actually adopted the Constitution before its convention heard of the decision of New Hampshire. Between February and June almost every household in the State had a prolonged discussion of the proposed Constitution, and every flaw in it was pointed out, while its excellencies were magnified. The newspapers pub- lished everything that could be said for and against it. Its adoption by two more States helped the cause of the Federalists. Private citizens from distant parts of the State flocked to Con- cord and filled the galleries of the meeting house. It is unfortunate that the eloquence of the occasion has not been preserved in print, save the short address of Joshua Atherton, heretofore cited. He offered several amendments and urged that the Constitution should be adopted conditionally, if such amend- ments were incorporated in it. Judge Samuel Livermore, on the other hand, moved that the Constitution be adopted and that the amendments offered be recommended to the national conven- tion. After four days of deliberation and, doubtless, private canvassing of votes, a decision was hazarded, with the result that fifty-seven voted for it and forty-seven against it, while four members of the convention were recorded as not voting, among these being the father of Daniel Webster, although he was afterwards a strong supporter of the Constitution. Rock- ingham and Grafton counties were strong in its adoption. The south-western part of the State voted against it. The roll call was a moment of breathless interest, for the fate of a nation was in the balance. Judge Livermore broke the tie, after which Grafton county rolled up the needed majority. The news was quickly sent to New York by special messenger, at the request and expense of Alexander Hamilton. Its adoption was cele- brated in the principal towns of New Hampshire with becoming festivities. A matter of great magnitude and far-reaching con- sequences had been settled, and the burden of suspense and
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anxiety was lifted. A formal announcement to the United States Congress was transmitted in the following words:
STATE OF NEW HAMPSHIRE.
In Convention of the Delegates of the People of the State of New Hampshire, June 21st, 1788 :-
The Convention having impartially discussed and fully considered the Constitution for the United States of America, reported to Congress by the Convention of Delegates from the United States of America, and submitted to us by a Resolution of the General Court of said State passed the four- teenth day of December last past, and acknowledging with grateful hearts the Goodness of the Supreme Ruler of the Universe in Affording the People of the United States, in the course of his Providence, an opportunity, delib- erately and peaceably, without fraud or surprise, of entering into an explicit and solemn compact with each other, by assenting to and ratifying a new Constitution, in order to form a more perfect union, establish justice, in- sure domestic tranquility, provide for the common defence, promote the general welfare and secure the blessings of Liberty to themselves and their posterity, Do in the name and in the behalf of the people of the State of New Hampshire, assent to and ratify the said Constitution for the United States of America; and as it is the opinion of this Convention, that certain amendments and alterations in the said Constitution would remove the fears and quiet the apprehensions of many of the good people of this State, and more effectually guard against an undue administration of the federal gov- ernment, the Convention Do therefore recommend that the following alter- ations and provisions be introduced into the said Constitution :
First, That it be explicitly declared that all powers not expressly and particularly delegated by the aforesaid Constitution are reserved to the several States to be by them exercised.
Secondly, That there shall be one Representative to every thirty Thou- sand persons according to the Census mentioned in the Constitution, until the whole number of Representatives amounts to two hundred.
Thirdly, That Congress do not exercise the power vested in them by the Fourth Section of the first Article, but in cases when a State shall neglect to make the regulation therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in Congress, nor shall Congress in any case make regulations contrary to a free and equal representation.
Fourthly, That Congress do not lay direct Taxes but when the money arising from the impost excise and their other resources are insufficient for the public exigencies ; nor then, until Congress shall have first made a requi- sition upon the States to assess, Levy and pay their respective proportions of such requisition agreeably to the census fixed in the said Constitution, in such way and manner as the Legislature of the State shall think best, and in such case, if any State shall neglect, then Congress may assess and Levy such State's proportion, together with the interest thereon at the rate of
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six pr. cent pr. Annum from the time of payment prescribed in such requisition.
Fifthly, That Congress erect no company of Merchants with exclusive advantages of commerce.
Sixthly, That no person shall be tried for any crime by which he may incur an infamous punishment or loss of life until he first be indicted by a grand jury-except in such cases as may arise in the government and regu- lation of the land and naval forces.
Seventhly, All common law cases between citizens of different States shall be commenced in the Common Law Courts of the respective States, and no appeal shall be allowed to the federal Courts in such cases, unless the sum or value of the thing in controversy amount to three hundred dollars.
Eighthly, In civil actions between citizens of different States, every issue of fact arising in actions at common law shall be tried by a jury if the parties or either of them request it.
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