USA > New Hampshire > New Hampshire as it is. In three parts. Part I. A historical sketch of New hampshire. Part II. A gazetter of New Hampshire. Part III. A general view of New Hampshire. Together with the constitution of the State > Part 2
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We must go back a little in the order of time to relate the condition of affairs on the Piscataqua. Portsmouth, having by the death of Mason lost her principal patron, was struggling with difficulties. Nor was Dover entirely exempt from discouragements. In 1633 Captain Wiggin, the agent of the latter plantation, visited England to obtain new supplies. On returning, he brought with him from 2*
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the west of that country several families of considerable property and "of some account for religion." Among the number was William Leveridge, a pious and devoted clergyman. They proceeded to lay out a compact town on Dover neck, trade being their principal object. On an in- viting part of the eminence they erected a church, which for greater security they surrounded with an intrenchment and flankarts ; but, on account of insufficient support, Lev- eridge was compelled to seek a more favorable locality. After this they had a number of ministers, some of whom proved unworthy of their high calling. The first of these was one Burdet, who came among them in 1634. He was at length elected governor, to the exclusion of Wiggin ; but, being detected in some criminal acts, he made a precip- itate flight to the Province of Maine, whence he never re- turned.
After the death of Mason, his widow and executrix sent over William Norton as her agent, with full power to man- age her affairs at the Portsmouth plantation ; but after re- siding there some time, finding the expenses far exceeding the income, he abandoned the whole and gave up the im- provements to the tenants. Some removed, carrying off their goods and chattels ; while others remained, claiming the houses and other property as their own. But several of the buildings had been destroyed by fire; so that at length nothing remained for the heirs of Mason excepting their interest in the soil. These events took place between 1638 and 1644.
Captain John Underhill was banished from Boston during the Antinomian controversy, and took refuge at Dover. Having been elected governor in place of Burdet, he formed a church, and placed one Knollys over it. Afterwards Thomas Larkham came and preached, and by his superior
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eloquence gained the favor of the people, so that they chose him as their minister in place of Knollys ; but, as he ad- mitted persons of immoral character to the church, and also assumed civil authority, they restored Knollys. Dissen- sions and strife arose between them, and finally Knollys returned to England; while Underhill went back to Boston, and, on making a confession, was restored to favor.
The people of Dover and Portsmouth had as yet no set- tled form of government, having no authority from the crown to form one. It will be recollected that the first settlements were mere private enterprises managed by agents ; but, finding this system insufficient to meet their present wants, they formed a combination at each of these places like that at Exeter. At Dover, in 1640, a written instrument was drawn up and signed by forty-one persons, agreeing to abide by the laws of England and those enacted by a majority of their own number until they should learn the royal pleasure. The exact time at which a similar ar- rangement was entered upon at Portsmouth is unknown.
We have thus briefly traced the rise and progress of the first four settlements made within the present limits of New Hampshire. Each was independent of the other, there be- ing no union between them save that arising from similar circumstances and common dangers. At length a proposal was made to unite with Massachusetts. To this the latter colony was by no means averse. Indeed they already laid claim to a great part of the territory of New Hampshire, though they had never tried to enforce it. Accordingly Portsmouth and Dover put themselves under the jurisdic- tion of Massachusetts in 1641; and Exeter did the same about one year later. Hampton was considered as a part of that colony already. Wheelwright, being still under sentence of banishment, removed with some of his follow-
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ers to Wells, (Maine,) but was afterwards restored or making some slight acknowledgment. He subsequently preached at Hampton.
On consummating this union the people of New Hamp- shire were allowed one remarkable privilege, considering the intolerance so prevalent at that time -which was, that they might act in a public capacity without regard to their religious professions ; though by a previous law of Massa chusetts none but church members could vote on town af fairs or hold a seat in the General Court.
For thirty-eight years, from 1641 to 1679, the history of New Hampshire becomes merged in that of the colony of which she became a constituent part.
The laws of Massachusetts, which now took effect in our own state, were in many respects peculiar. Their social customs, too, were modified by their religious belief and by the circumstances in which they were placed. Inhabiting a new country, surrounded by a fierce and deadly foe, com- pelled to labor with all their power to supply their wants and to protect themselves from danger, they had but little inclination or opportunity to cultivate the milder graces and refinements of life. Every thing that had the appear- ance of levity was discarded. Their general design was to form a government with laws based on the Bible, and mod- elled, to a considerable extent, after the Jewish common- wealth. Their laws had reference to many things not usually regarded as coming under the jurisdiction of the civil magistrate. To quote Dr. Belknap,* " The drinking of healths and the use of tobacco were forbidden; the for- mer being considered as a heathenish and idolatrous practice, grounded on the ancient libations, the other as a species of
* History of New Hampshire, vol. i. p. 67.
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intoxication and waste of time. Laws were instituted to regulate the intercourse between the sexes and the advances towards matrimony. They had a ceremony of betrothing which preceded that of marriage. Pride and levity of be- havior came under the cognizance of the magistrate. Not only the richness, but the mode of dress and cut of the hair, were subject to state regulations. Women were forbidden to expose their arms or bosoms to view. It was ordered that their sleeves should reach down to their wrist and their gowns be closed around the neck. Men were obliged to cut short their hair, that they might not resemble women. No person not worth two hundred pounds was allowed to wear gold or silver lace or silk hoods and scarfs. These pious rulers had more in view than the political good. They were not only concerned for the external appearance of sobriety and good order, but thought themselves obliged, so far as they were able, to promote real religion and en- force the observance of the divine precepts."
But, notwithstanding some gloomy and forbidding traits, there is much in the character of the Puritans to command our admiration - much that is worthy of our approval and emulation. None could be more conscientious than they in the performance of what they regarded as duty. Their morals were of a high order. Intemperance and profanity were almost unknown. They early attended to the educa- ยท tion of their youth, and for this purpose founded a college at Cambridge within a few years after their first settlement. They purchased land of the Indians which had already been granted by the crown. They regarded slavery as inconsist- ent with the natural rights of mankind, and by law forbade the buying and selling of slaves excepting those taken in war or reduced to this condition for crime. In 1645 the
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General Court ordered a negro who had been kidnapped from Africa and sold at Portsmouth to be sent back.
But their great error was in confounding, civil and reli- gious authority - a fact to which we have already alluded. Their ministers took part in the public assemblies, while the civil magistrates had a controlling voice in the churches. Toleration was regarded as "the firstborn of all abomina- tions ; " and the right of the magistrate to employ force against heretics and unbelievers was strongly insisted on. The Quakers especially suffered the weight of their ven- geance. At first they were banished ; but this punishment proving insufficient to check them, they were whipped, im- prisoned, and in some instances put to death. In the win- ter of 1662 three Quaker women were sentenced to be publicly whipped through eleven towns, with ten stripes apiece in each town. The sentence was executed in Dover, Hampton, and Salisbury ; but at the latter place they were fortunately released through the agency of Walter Bare- foot.
The witchcraft delusion prevailed to some extent in New Hampshire. There is still on record an account of the trial of "Goodwife Walford " at Portsmouth in 1658. The complainant, Susannah Trimmings, testified as follows : * " As I was going home on Sunday night I heard a rustling in the woods, which I supposed to be occasioned by swine ; and presently there appeared a woman, whom I apprehend- ed to be old Goodwife Walford. She asked me to lend her a pound of cotton. I told her I had but two pounds in the house, and I would not spare any to my mother. She said I had better have done it, for I was going a great journey, but should never come there. She then left me,
Adams's Annals of Portsmouth.
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and I was struck, as with a clap of fire, on the back; and she vanished towards the water side, in my apprehension, in the shape of a cat. She had on her head a white linen hood, tied under her chin ; and her waistcoat and petticoat were red, with an old gown, apron, and a black hat upon her head." Several other witnesses were examined ; but the case was not then decided, and was probably dropped at the next term of the court. Mrs. Walford afterwards brought an action for slander against Robert Coutch for saying that she was a witch and he could prove her one. The verdict was in her favor -five pounds and costs. These trials are curious as illustrating the spirit of the times, as well as the kind of evidence on the strength of which the accused were often condemned. Some other cases occurred in New Hampshire; but none were ever convicted.
CHAPTER III.
Mason's Efforts to recover his Estate. - The King sends Commissioners to New England. - Their Reception, Treatment, and Proceedings. - Jealousy of the Indians. - Passaconnaway. - Commencement of King Philip's War. - Attacks on various Places. - Death of Lieutenant Plaisted. - The In- dians make Peace. - Death of King Philip, and Renewal of Hostilities at the East. - Waldron seizes the Refugees at Dover. - The Mohawks are so- licited to assist the English. - Captain Swett is defeated. - Conclusion of Peace. - Omens.
THE civil dissensions that prevailed in England at this time prevented the making of any determined efforts by the heirs of Mason to recover the possession of the New Hamp- shire plantations. In 1652 Joseph Mason came over to look after the interests of the family, and commenced an action against Richard Leader, who was occupying some of the lands at Newichwannock. The case was finally brought before the General Court, which caused a survey to be made. By this it was found that the charter of Massachu- setts included all that had been granted to Mason and nearly all that had been granted to Gorges. The court decided that " some lands at Newichwannock, with the riv- er, were, by agreement of Sir Ferdinando Gorges and oth- ers, apportioned to Captain Mason, and that he also had right by purchase of the Indians, as also by possession and improvement." The agent left soon after, making no effort to recover the rest of the estate.
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The first heir named in Mason's will died in infancy; and Robert Tufton, grandson of Captain John Mason, succeed- ed to the inheritance. The family had always been at- tached to the royal cause, and consequently had nothing to hope for during the protectorate of Cromwell. But on the restoration of Charles II., Tufton, who now took the sur- name of Mason, petitioned the crown for redress. The king referred the matter to his attorney general, Sir Geof- fry Palmer, who reported that Mason had a legal title to New Hampshire. Here the matter rested for some time ; but in 1664 the king appointed four commissioners to visit the New England colonies and to examine and determine all matters of dispute. This was very offensive to the peo- ple of Massachusetts, as they regarded it as interfering with their liberties ; and accordingly they received the commis- sioners with great coldness. The latter, in their progress through the country, came to Portsmouth, but made no settlement of the controversy. They told the citizens of that place that they would release them from the jurisdic- tion of Massachusetts, and took some measures to bring about such a result ; but most of the people preferred to re- main as they were. The commissioners returned, greatly incensed at the treatment they had received. For some time after this the foreign affairs of England so engrossed the attention of the royal government that they took no further action in regard to the claims of Mason.
But now a greater danger threatened the colonies - which was an attack from the Indians. For many years the natives had been watching the growth and prosperity of the infant states with feelings of stifled jealousy. They saw their best hunting grounds encroached upon day by day : they saw their new neighbors rapidly increasing in numbers
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and wealth; until it became evident that the white man, if not speedily checked, would become the sole possessor of the land which had been theirs from time immemorial. But for a time fear kept them in restraint. An English gen- tleman who was present gives an account of a dance and feast held by the Pennacooks in 1660. The aged Passa- connaway, famed far and wide for his wisdom and cunning, reputed as a sorcerer, with power to make water burn and trees dance, was present, and made his farewell speech, ad- vising them to cultivate the friendship of the English. He warned them that it would prove their own ruin should they take a contrary course. His counsels had so much effect that his son and successor, Wonolanset, on the break- ing out of the war fifteen years afterwards, withdrew to a remote part of the country to avoid being drawn into the quarrel.
Philip, of Mount Hope, son of the " good Massasoit," is commonly regarded as the instigator of this first general war; and it is supposed that he drew many of the neighbor- ing tribes into a combination to exterminate the English. The first attack was made on Swansey,* in June, 1675.
The eastern Indians had some causes of their own to im- pel them to war. The wife of Squando, a noted sachem dwelling at Saco, was one day met by some sailors while passing along the river in her canoe with her infant child. They had heard that the Indian children could swim as naturally as the young of beasts, and overset the canoe to try the experiment. The child was rescued by the mother, but died soon after, and its death was imputed to the treat- ment it had received. Squando now became a most bitter foe of the English, and used all his influence to excite a
* Bristol county, Massachusetts.
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war against them. After the commencement of hostilities at Swansey the war spread to other parts of the country. In September of the same year they made an incursion against Oyster River, now Durham, where they burned two houses, killed two men, and carried away two captives. They also killed one man, and took another prisoner, be- tween Exeter and Hampton. Soon after they attacked a house at Newichwannock in which fifteen women and chil- dren had taken refuge; but a girl of eighteen saw them approaching, and stood against the door until they chopped it down with their hatchets. In the mean time all but two children escaped to a place of safety. The bold heroine was knocked down and left for dead, but finally recovered. The enemy now made their appearance on both sides of the Piscataqua, burning houses and killing all who fell in their way. Some young men of Dover took the field against them and succeeded in killing two. All the settle- ments of New Hampshire were now filled with alarm, and business was suspended. On the 16th of October an at- tack was made on Salmon Falls. Lieutenant Roger Plais- ted sent out seven men to search for the enemy ; but, fall- ing into an ambush, three were instantly killed, and the rest retreated. Plaisted then sent to Major Waldron for assistance, which the latter could not grant consistently with his own safety. The next day he ventured out with twenty men and a cart to bring in the dead bodies of the slain ; but, falling into another ambush, his men deserted him. Plaisted himself, disdaining to yield or fly, was slain with one of his sons, while another son was mortally wound- ed. The gallant behavior of these men caused the Indians to retreat.
The enemy still continued their predatory incursions,
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plundering and burning wherever they found the people off their guard. They made their appearance opposite Portsmouth, but were dispersed by a few cannon shot. In this way the autumn was passed until the close of November, when the whole number of the slain exceeded fifty.
The Massachusetts colony, being fully occupied in de- fending their southern and western borders, could afford no seasonable aid. Finding the necessity of vigorous action, the colony resolved to send a force against the head quar- ters of the enemy ; but the winter, setting in early and with great severity, prevented. But this circumstance in- clined the Indians to peace, as they were now pinched with famine. Accordingly they came to Major Waldron, ex- pressing their sorrow for what had been done and promis- ing to be quiet and friendly. Through his influence a peace was concluded with the eastern Indians, which con- tinued until the next August. The captives which they had taken were restored.
' In August, 1676, King Philip was slain, which put an end to the war in the southern quarter. Some of his fol- lowers took refuge among the Pennacooks, others with the eastern Indians - the Ossipees and Pequaketts. Hostili- ties were renewed through the influence of these refugees, and at length two companies were sent from Boston to Do- ver. Here they found a large number of Indians at the house of Major Waldron, whom they regarded as their friend and father. The Boston companies had orders to seize all Indians who had been engaged in King Philip's war, and, recognizing such among the number, would have fallen upon them at once had they not been dissuaded by Major Waldron, who proposed to have a training and sham
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fight the next day in order to take them by stratagem. This having been done, they were all seized and disarmed. A separation was then made; the Pennacooks and those who had made peace the autumn before were set at liberty ; while the refugees - the strange Indians, as they were called - were retained as prisoners to the number of two hundred. Seven or eight who were convicted of having killed Englishmen were executed. The rest were sold into slavery in foreign parts. After this two or three expedi- tions were made into the wilderness, but without producing any important results.
In 1677 an effort was made to induce the Mohawks to take part against the eastern Indians. But they made no . distinction between the friendly and hostile tribes; and consequently they did more harm than good to the English. In June of the same year, Captain Swett, of Hampton, went to the Kennebeck River with two hundred Indian and forty English soldiers, but was defeated and slain with many of his men. The savages then took some twenty fishing vessels, the crews not apprehending any danger. In the month of August, Andros, the governor of New York, sent a sloop with some forces to build a fort at Pemaquid. The Indians then appeared friendly, and continued peacea- ble during the autumn and winter. In the spring of 1678 three commissioners were appointed to treat with Squando and the other chiefs of the eastern tribes. A treaty was concluded at Casco, now Portland, which put an end to this harassing war of three years' duration, of which the whole burden and expense were borne by the colonies themselves. They neither asked nor received any assist- ance from the royal government.
The historians of that day have recorded many signs,
3 *
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omens, and predictions. Some imagined they heard guns and drums in the air ; others saw fiery swords and spears in the heavens. Even an eclipse was regarded as the fore- runner of some great event ; and, in short, every unusual appearance was considered as ominous. All this doubtless resulted from superstitious fear as well as from ignorance of the laws of Nature.
CHAPTER IV.
Mason's renewed Efforts. - Randolph visits New England. - New Hampshire is erected into a royal Province. - The Commission is published. - Meeting of the Assembly and making Laws. - Waldron succeeds President Cutts. - Cranfield is appointed Governor. - His arbitrary Proceeding. - Gove's Re- bellion. - Mason institutes a Suit against Major Waldron. - Weare is sent to England. - Persecution of Moody. - Fresh Usurpations of Power. - Resistance of the People. - Cranfield obtains Leave of Absence. - Barefoot succeeds him. - Treaty with the Indians.
WHILE the colonists were engaged in the Indian war Mason again petitioned the king for redress. Sir William Jones, his attorney general, and Sir Francis Winnington, his solicitor general, to whom he referred the matter, re- ported that Mason "had a good and legal title to the lands." This was in 1675. Edward Randolph was then sent over to make inquiry into the state of the country. He reported on his return that he found the whole country complaining of the usurpation of the magistrates of Boston, though the people both of Dover and Portsmouthi had pe- titioned that they might " continue in possession of their rights under the government of Massachusetts." The lat- ter colony sent two agents to defend their claims. After a full hearing before the lords chief justices of the King's Bench and Common Pleas, in 1677, it was decided that Massachusetts had no right of jurisdiction over New Hamp- shire, and that the four towns - Portsmouth, Dover, Exe- ter, and Hampton - did not belong to the former colony.
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They also denied the right of government to Mason. No opinion was given as to the right of the soil, there being no court in England that had cognizance of it.
All this paved the way to a separation from Massachu- setts ; and accordingly, in 1679, a commission was issued, forming New Hampshire into a royal province. The gov- ernment was to be administered by a president and council appointed by the king. Laws were to be enacted by an as- sembly of representatives chosen by the people. The pres- ident was required to appoint a deputy to succeed him in case of his death or absence. The king reserved the right to discontinue the assembly of the people if inconvenience should arise therefrom. The form of government was sim- ple, and, with this exception, as liberal as could have been expected.
Thus a union that had subsisted for thirty-eight years was dissolved, to the great regret of the people of New Hampshire, being satisfied as they were with the govern- ment which they already enjoyed. In order to make the change more acceptable, the king appointed some of the most popular men of the colony to office. The president, John Cutts, was a highly-esteemed merchant of Ports- mouth. William Vaughan, John Gilman, and Richard Waldron were of the council.
The royal commission was brought to Portsmouth on the 1st of January, 1680. The persons therein named accept- ed their offices with great reluctance, and only through fear that, if they refused, others might be appointed who would not regard the interests of the colony. They published the commission and took the oaths of office on the 22d of January. They issued writs calling an assembly, which met on the 16th of March. At the time of this election there were two hundred and nine voters in the four towns.
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The assembly immediately returned thanks to the Massa- chusetts colony for their former protection, and expressed their regret for the separation. They then proceeded to form a code of laws. Among the capital offences, which were fifteen in number, were reckoned idolatry, blasphemy, man stealing, treason, and witchcraft. The president and council, with the assembly, constituted the Supreme Court, and three inferior courts were formed. The militia was organized and put under the command of Richard Wal- dron.
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