USA > New Hampshire > The history of New-Hampshire. Comprehending the events of one complete century and seventy-five years from the discovery of the River Pascataqua to the year one thousand seven hundred and ninety, Vol 2 > Part 14
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1748.
the eftablifhment of the line ; fo that they went on peaceably with their fettlements. The terms of their grants were, that the grantees fhould, within a limited time, erect mills and meeting-houfes, clear out roads and fettle minifters. In every townfhip, they re- ferved one right for the firft fettled minifter, another for a parfonage, and a third for a fchool. They alfo referved fifteen rights for themfelves, and two for their attorneys ; all of which were to be free from taxes, till fold or occupied. By virtue of thefe grants, ma- ny townfhips were fettled, and the intereft of the people became fo united with that of the proprietors, that the prejudice againft them gradually abated ; and, at length, even fome who had been the moft violent oppofers, ac- quiefced in the fafety and policy of their meafures, though they could not concede to the validity of their claim.
The heirs of Allen, menaced them by ad- vertifements, and warned the people againft accepting their grants. They depended on the recognition of Allen's purchafe, in the Charter of Maffachufetts, as an argument in favor of its validity ; and fuppofed, that be- caufe the ableft lawyers in the kingdom were confulted, and employed in framing that . charter, they muft have had evidence of the juftice of his pretenfions, before fuch a re- fervation could have been introduced into it. So ftrong was the impreffion, which this ar- MS keters gument had made, on the minds of fpecula- of 1bom- tors in England, that large fums had been li.fon. offered, to fome of Allen's heirs, in that kingdom ; and, Thomlinfon himfelf, the firft mover of the purchafe from Mafon, in be-
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1748. half of New-Hampfhire, had his doubts ; and would have perfuaded the affociates to join in buying Allen's title alfo, even at the price of two thoufand pounds fterling, to prevent a more expenfive litigation, the iffue of which would be uncertain. But they, being vefted with the principal offices of gov- ernment ; being men of large property, which was alfo increafed by this purchafe ; and ha- ving fatisfied themfelves, of the validity of their title, by the opinions of fome principal lawyers, both here and in England, contented themfelves with the purchafe which they had made ; and by maintaining their poffeffion, extended the cultivation of the country within their limits.
The words of the original grants. to Ma- fon, defcribe an extent of fixty miles, from the fea, on each fide of the Province, and a line to crofs over from the end of one line of fixty miles, to the end of the other. The Mafonian proprietors pleaded, that this crof3 line fhould be a curve, becaufe, no other line would preferve the diftance of fixty miles from the fea, in every part of their weftern boundary. No perfon had any right to con- teft this point with them, but the King. It was not for the intereft of his Governor and Council to object ; becaufe feveral of them, and of their connections, were of the Ma- fonian propriety ; and no objection was made by any other perfons, in behalf of the Crown. Surveyors were employed, at feve- ral times, to mark this curve line ; but on running, firft from the fouthern, and then from the eaftern boundary, to the river Pe- migewaffet, they could not make the lines
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meet. Controverfies were thus engendered, 1748. between the grantees of Crown lands and thofe of the Mafonians, which fubfifted for many years. In fome cafes, the difputes were compromifed, and in others, left open for litigation ; till, by the revolution, the government fell into other hands.
This was not the only controverfy, which, till that period, remained undetermined. When the extenfion of the boundary lines gave birth to a demand, for the maintenance of fort Dummer, the Governor had the ad- Printed drefs, to call to that Affembly, into which he Jan. 1744. Journal, introduced this demand, fix new members ; who appeared as reprefentatives for fix towns and diftricts, fome of which had been, by the fouthern line, cut off from Maffachufetts. It was fuppofed that his defign, in calling thefe members, was to facilitate the adop- tion of fort Dummer. Other towns, which ought to have had the fame privilege extend- ed to them, were neglected. When the new members appeared in the Houfe, the Secreta- ry, by the Governor's order, adminiftered to them the ufual oaths ; after which, they were afked, in the name of the Houfe, by what authority they came thither ? They anfwered, that they were chofen by virtue of a writ, in the King's name, delivered to their refpec- tive towns and diftricts, by the Sheriff. The Houfe remonftrated to the Governor, that thefe places had no right, by law, nor by cuf- tom, to fend perfons to reprefent them, and then debarred them from the privilege of voting, in the choice of a Speaker ; two only diffenting, out of nineteen. Several fharp meffages paffed, between the Governor and
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1748. the Houfe, on that occafion ; but the preff- ing exigencies of the war, and the propofed expedition to Cape-Breton, obliged him, for that time, to give way, and fuffer his new members to be excluded, till the King's pleafure could be known.
The Houfe vindicated their proceedings, by appealing to their records ; from which it appeared, that all the additions, which had been made to the Houfe of Reprefentatives, were, in confequence of their own votes, ei- ther iffuing a precept themfelves, or requeft- ing the Governor to do it ; from which they argued, that no town, or parifh, ought to have any writ, for the choice of a Reprefentative, but by a vote of the Houfe, or by an act of the Affembly. On the other fide, it was al- leged, that the right of fending Reprefenta- tives was originally founded on the royal commiflion and inftructions, and therefore, that the privilege might, by the fame author- ity, be lawfully extended to the new towns, as the King, or his Governor, by advice of Council, might think proper. The prece- dents on both fides were undifputed ; but neither party would admit the conclufion drawn by the other. Had this difficulty been forefeen, it might have been prevented when the triennial act was made in 1727. The defects of that law, began now to be fevere- ly felt ; but could not be remedied.
The difpute having thus fubfided, was not revived during the war ; but as foon as the peace was made, and the King had gone on a vifit to his German dominions, an addition- al inftruction was fent from the Lords Jufti- ces, who prefided in the King's abfence, di-
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recting the Governor to diffolve the Affem- 1748. bly then fubfifting; and when another fhould be called, to iffue the King's writ to the Sher- June 30. iff, commanding him to make out precepts to the towns and diftricts, whofe Reprefen- tatives had been before excluded; and that when they fhould be chofen, the Governor fhould fupport their rights.
Had this inftruction extended to all the other towns in the Province, which had not been before reprefented, it might have been deemed equitable ; but as it refpected thofe only, which had been the fubject of contro- verfy, it appeared to be grounded on partial information, and intended to ftrengthen the prerogative of the Crown, without a due re- gard to the privileges of the people at large.
The party in oppofition to the Governor became more acrimonious than ever. Rich- ard Waldron, the former Secretary, and the confidential friend of Belcher, appeared in the new Affembly and was chofen Speaker. The Governor negatived him; and ordered the Houfe to admit the new members, and choofe another fpeaker. They denied his power of negativing their Speaker and of in- troducing new members. The ftyle of his meffages was peremptory and fevere; their anfwers and remonftrances were calm, but refolute, and in fome inftances fatyrical. Neither party would yield ; no bufinefs was tranfacted ; though the affembly met about once in a month, and was kept alive, by ad- journments and prorogations, for three years. Had he diffolved them, before the time for which they were chofen had expired, he knew, that in all probability, the fame per- fons would be re-elected.
1749.
January 3.
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1749.
The effect of this controverfy was inju- rious to the Governor, as well as to the peo- ple. The public bills of credit had depre- ciated fince this adminiftration began, in the ratio of thirty to fifty-fix ; and the value of the Governor's falary had declined in the fame proportion. The excife could neither be farmed nor collected ; and that part of the Governor's falary, which was funded upon it, failed. The Treafurer's accounts were unfettled. The foldiers, who had guarded the frontiers in the preceding war, were not paid ; nor were their mufter-rolls
adjufted. The public records of deeds were fhut up ; for the Recorder's time having ex- pired, and the appointment being by law vefted in the Affembly, no choice could be made. No authenticated papers could be obtained, though the agent was conftantly foliciting for thofe which related to the con- troverfy about Fort Dummer, at that time before the King and Council.
1751. 1750.
When the fituation of the Province was known in England, an impreffion to its dif- advantage was made on the minds of its beft friends ; and they even imagined that the Governor's conduct was not blamelefs .*
* Auguft 10, 1749, Mr. Thomlinfon wrote thus to Mr. Atkinfon. ' I am forry to find by your letters, and by every body from your coun- 'try, the confufion your Province is in. I with I could fct you right. ' I cannot help thinking that the Governor has done fome imprudent ' things ; but the other party is fundamentally wrong, and the Goverr- 'or will always be fupported as long as he conducts himfeif by his ' Majelty's inftructions, and in his right of negativing a fpeaker. Not- " withftanding this, I am furprifed that he, or any other Governor, ' fhould not think it their intereft, to behave fo to all forts of people . under their government, as to make all their enemies their friends, ' rather than to make their friends their enemies.'
October 19, 1749, Mr. Atkinfon wrote thus in anfwer. ' I am " fuppofed by many people to be privy to all the Governor's tranfac- . tions here, which is totally without foundation. I never faw a letter - " which he wrote home, nor any he received, only, when any of them
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Thomlio-
The language at Court was totally chang- 1749. ed. The people of New-Hampfhire who 1750. had formerly been in favor, as loyal and 1751. obedient fubjects, were now faid to be in re- bellion. Their agent was frequently re- proached and mortified on their account, fon's MS and was under great apprehenfion, that they letters. would fuffer, not only in their reputation, but in their intereft. The agent of Maffa- chufetts was continually foliciting for repay- ment of the charges of maintaining fort Dummer, and it was in contemplation, to take off a large diftrict from the weftern part of New-Hampshire, and to annex it to Maffachufetts, to fatisfy them for that ex- penfe. Befides this, the paper money of the Colonies was under the confideration of Par- liament ; and the Province of Maffachufetts was rifing into favor for having abolifhed that fyftem of iniquity. The fame juftice was expected of New-Hampfhire, fince they had the fame means in their power by the reimburfement granted to them by Parlia- ment for the Cape-Breton and Canada expe- ditions. This money, amounting to about thirty thoufand pounds fterling, clear of all fees and commiffions, had lain long in the treafury ; and when it was paid to the agent, he would have placed it in the funds, where it might have yielded an intereft of three per cent ; but having no directions from the Af- fembly, he locked it up in the bank. This
' were communicated to the Council or Affembly ; nor any of his ' fpecches or meffages. So that, really, I cannot be faid to advife. ' Neither do I fec What reafon the people have to complain. His ' greateft enemies are now of the Affembly, and in all the controver- ' fy, not one particular inflance of injuftice or oppreffion hath been men- ' tioned by them ; and when you read over their feveral meffages, and ' votes, you will not difcover any inclination to conceal the lealt fail-
' ing he had been the author of.'
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1751.
was a clear lofs to them of nine hundred pounds per annum. There were fome who reflected on the agent, as if he had made an advantage to himfelf of this money. Had he done it, his own capital was fufficient to have anfwered any of their demands ; but it was alfo fufficient to put him above the neceffity of employing their money, either in trade or fpeculation.
MS. letter of Tho n-
It had alfo been fuggefted, that Thom- linfon, at the Governor's requeft, had foli- cited and procured the inftruction, which had occafioned this unhappy ftagnation of bufinefs. When this fuggeftion came to his knowledge, he exculpated himfelf from the linfon to H. charge, in a letter which he wrote to a lead- Sherburne, Nov. 13. 1749. ing member of the Affembly ; and gave a full account of the matter as far as it had come to his knowledge. He faid, that the Governor himfelf had ftated the facts in his letters to the miniftry ; concerning his calling of the new members, in 1745, and their exclufion from the Affembly, with the reafons given for it ; and had defired to know the King's pleafure, and to have di- rections how to act. That the miniftry, without any exception or hefitation, had pronounced his conduct conformable to his duty. That neverthelefs, the Board of Trade had folemnly confidered the matter, and confulted Council, and had fummoned him, as agent of the Province, to attend their deliberation. Their refult was, that as the Crown had an indifputable right to incor- porate any town in England, and qualify it to fend members to Parliament, fo the fame right and power had been legally
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given to all the Governors in America ; by 1749. means of which, all the Affemblies in the 1750. King's governments, had increafed in num- 1751. ber, as the Colonies had increafed in fet- tlements. That any other ufage in call- ing Reprefentatives was wrong ; although it might have been indulged, when the Pro- vince was under the fame Governor with Maffachufetts. This was all which paffed before the additional inftruction came out, which was fent through the hands of the Agent. As it was founded on a queftion con- cerning the rights and prerogatives of the Crown ; he argued the abfurdity of fuppof- ing, either that it had been folicited, or that any attempt to have it withdrawn could be effectual. His advice was, that they fhould fubmit to it ; becaufe, that under it, they would enjoy the fame rights and privileges with their fellow fubjects in England, and in the other Colonies ; affuring them, that the then reigning Prince had never difcov- ered the leaft inclination to infringe the con- ftitutional rights of any of his fubjects.
This advice, however falutary, had not the intended effect. Inftead of fubmitting, the party in oppofition to the Governor, framed a complaint againft him, and fent it to London, to be prefented to the King. If they could have prevailed, their next meafure would have been, to recommend a gentleman, Sir William Pepperell, of Maffa- chufetts, for his fucceffor. This manœuvre came to the ears of Thomlinfon ; but he was under no neceffity to exert himfelf on this occafion ; for the perfon to whofe care the addrefs was intrufted, confidering the
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. MS letters of Thom. linfon.
1749. abfurdity of complaining to the King, 1750. 1751. againft his Governor, for acting agreeably to his inftructions, was advifed not to pre- fent it. This difappointment vexed the op- pofition to fuch a degree, that they would have gladly diffolved the government, and put themfelves under the jurifdiction of Maffachufetts, had it been in their power. But, finding all their efforts ineffectual, ei- ther to have the inftruction withdrawn, or the Governor removed, they confoled them- felves with this thought, that it was 'better ' to have two privileges taken from them, ' than voluntarily to give up one.'
1752.
January 2.
Records of Affembly.
Atkinfon's MS, letters.
The time for which this Affembly was elected having expired, a new one was called in the fame manner. They came together with a fpirit of moderation, and a difpofi- tion to tranfact the long neglected bufinefs. The members, from the new towns, quietly took their feats. An unexceptionable Speak- er, Mefhech Weare, was elected. A Recorder was appointed. A committee was chofen to fettle the Treafurer's accounts, and a vote was paffed for putting the reimburfement money into the public funds in England. The Governor's falary was augmented, and all things went on fmoothly. The party which had been oppofed to the Governor, de- clined, in number and in virulence : Some had been removed by death ; others were foftened and relaxed. A liberal diftribu- tion of commiffions, civil and military, was made, and an era of domeftic reconciliation commenced.
The controverfy refpecting Fort Dummer, and the fear of lofing a diftrict in that neigh-
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bourhood, quickened the Governor to make 1752. grants of feveral townfhips in that quarter, on both fides of Connecticut river ; chiefly to thofe perfons who claimed the fame lands, under the Maffachufetts title. The war be- ing over, the old inhabitants returned to their plantations, and were ftrengthened by addi- tions to their number. It was in contem- plation, to extend the fettlements, farther up Connecticut river, to the rich meadows of Cohos. The plan was, to cut a road to that place ; to lay out two townfhips, one on each fide of the river, and oppofite to each other ; to erect ftockades, with lodgments for MS reuters. Atkinfon's two hundred men, in each townfhip, enclo- fing a fpace of fifteen acres ; in the centre of which was to be a citadel, containing the public buildings and granaries, which were to be large enough to receive all the inhab- itants, and their moveable effects in cafe of neceffity. As an inducement to people to re- move to this new plantation ; they were to have Courts of Judicature, and other civil privileges among themfelves, and were to be under ftrict military difcipline. A large number of perfons engaged in this enter- prife ; and they were the rather ftimulated to undertake it, becaufe it was feared, that the French, who had already begun to en- croach on the territory claimed by the British Crown, would take poffeffion of this valu- able tract, if it fhould be left unoccupied.
In purfuance of this plan, a party was fent MS. letters up in the fpring of 1752, to view the mea- of Col. If- dows of Cohos, and lay out the propofed rael Willi- ams. townfhips. The Indians obferved them, and fufpected their intentions. The land was
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HISTORY OF
1752. theirs, and they knew its value. A party of" the Arofaguntacook, or St. Francis Tribe was deputed, to remonftrate againft this proceed- ing. They came to the fort at Number-four, with a flag of truce ; pretending that they had not heard of the treaty of peace, which had been made with the feveral Indian tribes. They complained to Captain Stevens, of the encroachment which was meditating on their land ; and faid, that they could not allow the Englifh to fettle at Cohos, when they owned more land already than they could improve; and, that if this fettlement were purfued, they fhould think the Englifh had a mind for war, and would refift them. This threatening be- ing communicated to the Governor of Maf- fachufetts, and by him to the Governor of New-Hampfhire, threw fuch difcouragement on the project that it was laid afide.
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April,
MS. depc- ditions.
The Indians did not content themfelves with remonftrating and threatening. Two of the fame tribe named Sabatis and Chrifti, came to Canterbury ; where they were en- tertained in a friendly manner for more than a month. At their departure, they forced a- way two negroes ; one of whom efcaped and returned; and the other was carried to Crown Point and fold to a French officer. A party of ten or twelve of the fame tribe, command- ed by Captain Mofes, met with four young men who were hunting on Baker's river. One
May. Shirley's of thefe was John Stark. When he found Printed conferrence himfelf furprifed and fallen into their hands, 1754. he called to his brother William Stark, who Informa- being in a canoe, gained the oppofite fhore,
Stark.
tion of W. and efcaped. They fired at the canoe and killed a young man who was in it. John
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received a fevere beating from the Indians 1752. for alarming his brother. They carried him and his companion, Eaftman, up Connecticut river, through feveral carrying places, and down the Lake Memphrimagog to the head quarters of their tribe. There they dreffed him in their fineft robes and adopted him as a fon. This early captivity, from which he was redeemed, qualified him to be an expert partifan, in the fucceeding war ; from which ftation, he afterward rofe to the rank of Brigadier General in the armies of the Uni- ted States.
The next year Sabatis, with another In- dian named Plaufawa, came to Canterbury ; where, being reproached with the mifcon- MS depo- June. duct refpecting the negroes, he and his com- fitions. panion behaved in an infolent manner. Sev- eral perfons treated them very freely with. ftrong liquor. One followed them into the woods, and killed them, and by the help of another, buried them ; but fo fhallow that their bodies were devoured by beafts of prey, and their bones lay on the ground. By the treaties of peace, it had been ftipula- ted, on the one part, that if any of the In- dians fhould commit an act of hoftility againft the Englifh, their young men fhould join with the Englifh in reducing fuch In- dians to fubmiffion ; and on the other hand, that if an Englithman fhould injure any of them, no private revenge fhould be taken ; but application fhould be made to the gov- ernment for juftice. In the autumn of the fame year, a conference being held, with the eaftern Indians, by the government of Maf- fachufetts, a prefent was made to the Arofa- D D
1753.
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1753. guntacook tribe, expreffive of an intention to Printed wipe away the blood. They accepted the prefent, and ratified the peace which had been made in 1749.
conference,
1753.
1754.
MS letters of Gover- nor Went- worth.
The two men who killed Sabatis and Plau- fawa, were apprehended and brought to Portf- mouth. A bill was found againft them by the Grand Jury, and they were confined in irons. In the night, before the day appoint- ed for their trial, an armed mob from the country, with axes and crows, forced the prifon, and carried them off in triumph. A proclamation was iffued, and a reward offered by the Governor for apprehending the riot- ers ; but no difcovery was made, and the action was even deemed meritorious. The next fummer, another conference was held at Falmouth, at which Commiffioners from New-Hampfhire affifted. The Arofagunta- cooks did not attend ; but fent a meffage pur- porting that the blood was not wiped away. The Commiffioners from New-Hampfhire made a handfome prefent, to all the Indians, who appeared at this conference ; which end- ed as ufual, in the promife of peace and friendfhip.
Printed conference.
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CHAP. XXII.
The laft French and Indian war, which terminated in the conqueft of Canada. Controversy concerning the lands wef. ward of Connecticut river.
BY the treaty of Aix la Chappelle, in 1748, it was ftipulated, that 'all things ' fhould be reftored, on the footing they were ' before the war.' The ifland of Cape-Bre- ton was accordingly reftored to France ; but the limits of the French and English territo- ries on the continent, were undetermined ; and it was the policy of both nations to gain poffeffion of important paffes, to which each had fome pretenfions, and to hold them, till the limits fhould be fettled by Commif- fioners mutually chofen. Thefe commiffion- ers met at Paris ; but came to no decifion. By the conftruction of charters and grants from the Crown of England, her colonies ex- tended indefinitely weftward. The French had fettlements in Canada and Louifiana, and they meditated to join thefe diftant Colonies, by a chain of forts and pofts, from the St. Lawrence to the Miffifippi ; and to extend the limits of Canada, as far eaftward, as to com- mand navigation in the winter, when the great river St. Lawrence is impaffable. Thefe claims of territory, extending on the one part from eaft to weft, and on the other from north to fouth, neceffarily interfered. The Colonies of Nova-Scotia, New-York and Vir- ginia, were principally affected by this inter- ference ; and the encroachments made on
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