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 18
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Being in the prime of life, active and en- terprifing in his difpofition, polite and eafy in his addrefs, and placed in the chair by the fame minifter who had procured the repeal of the ftamp-act, to which event his own agency had contributed ; Mr. Wentworth enjoyed 2 К к
1767.
一
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1767. great fhare of popular favor; which was much heightened when his conduct was viewed in contraft with that of fome other Gover- nors in the neighbouring Provinces. Though bred a merchant, he had a tafte for agricul- ture, and entered vigoroufly into the fpirit of cultivation. He frequently traverfed the forefts ; explored the ground for new roads ; and began a plantation for himfelf in the townfhip of Wolfborough, on which he ex- pended large fums, and built 'an elegant houfe. His example was influential on other landholders, who alfo applied themfelves in earneft to cultivate the wildernefs.
The improvement of the country at this time occupied the minds of the people of New-Hampfhire, and took off their attention, in a great meafure, from the view of thofe po- litical difficulties, which were occafioned by a new act of Parliament, laying duties on pa- per, glafs, painters' colors, and tea ; and the eftablifhment of a board of Commiffioners for collecting the American revenue. In the other Colonies, particularly in Maffachufetts, thefe duties had become a fubject of alterca- tion and ferious alarm, being grounded on the right which the Parliament had affumed of ' binding America in all cafes whatfoever.' The only remedy was to be found in frugal- ity, non-importation, and domeftic manufac- tures. Thefe things were recommended, and, in fome meafure, complied with ; and by means of thefe exertions, the revenue fell fhort of the fanguine expectations which its advocates had formed.
The popularity of the Governor of New- Hampfhire, and the influence of his numer-
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ous friends and connexions, who were of the 1767. principal families and the richeft merchants in the Province, prevented the adoption of a non-importation agreement in Portfmouth,* till the merchants in fome of the other Colo- nies threatened to withhold any mercantile intercourfe with them. A plan of the fame kind was then (1770) formed; and the union of fo many Colonies, in this meafure, caufed the manufacturers in Great-Britain to expe- rience diftreffes of the fame nature with thofe occafioned by the ftamp-act; and to ex- ert their influence for a repeal of the new revenue law, which was in part effected. All the duties, excepting that on tea, were taken off. This relaxation, on the other fide of the Atlantic, produced a relaxation here. The miniftry in Great-Britain was frequently changed ; and no uniform fyftem either of coercion or lenity was adopted. The oppo- fition on this fide languithed for want of una- nimity. The more candid among us were willing to fuppofe that Britain would never lay any more duties ; and there was fome foundation for this fuppofition, as far as let- ters from minifters of ftate, and fpeeches from provincial Governors might be depended on. The tax on tea was referved as a latent fpark to rekindle the controverfy.
When the Governor, at his firft meeting the Affembly, according to the cuftom on fuch occafions, recommended to them the
* ' We cannot depend on the countenance of many perfons of the ' firft rank here ; for royal commiffions and family connexions influence ' the prinicpal gentlemen among us, at leaft to keep filence in thele evil ' times. The prefs here has bever bren openly attacked ; but the printer ' remembers what he once fuffered, at Bofton ; and is easily kept in awe ' by more private rebukes.'
MS letter of the Sons of Liberty, in Portfmouth, to thofe in Boffon.
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Journal of Affembly.
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Sept 30,
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1767. eftablifhment of an 'adequate, honorable and ' permanent falary,' they made fome hefita- tion, on account of a report, that the falaries of the American Governors were to be paid out of the revenue. On being affured, that if fuch a general eftablifhment fhould take place, it would be fo guarded as to prevent his receiving any reward from the affembly ; they framed a vote, granting feven hundred pounds per annum during his adminiftration (dollars being then fixed at fix fhillings.) The fund appropriated to the falary was the excife, and in cafe of its infufficiency, other provif- ion was made. But the vote was limited with an exception, 'unlefs provifion fhall be made by Parliament.' When the queftion was put, the Houfe was equally divided, and the Speaker, Peter Gilman, turned it againft a permanent falary. It was therefore voted from year to year, and generally amounted to feven hundred pounds ; befides which an allowance was made for houfe-rent, from fix- ty or feventy to one hundred pounds.
1769.
Among the improvements, which during this adminiftration, were made in the Prov- ince, one of the moft confpicuous, was the ef- tablifhment of a feminary of literature. It was founded on a projection of Doctor Eleazer Wheelock, of Lebanon in Connecticut, for the removal of his Indian charity fchool.
Hopkins's meninirs of the Houfa- townwek Indians 1736.
The firft defign of a fchool of this kind was conceived by Mr. John Sergeant, Miffionary to the Indians, at Stockbridge. A rambling mode of life, and a total want of letters, were ever unfriendly to the propagation of religi- ous knowledge among the favages of Ameri- ca. That worthy miffionary, intent on the
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اللوز ولات
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bufinefs of his profeffion, and having obferv- 1769. ed the progrefs made by fome of the younger Indians, who refided in the Englifh families, in reading and other improvements, conceiv- ed the benevolent idea of changing their whole habit of thinking and acting ; and raif- ing them from their native indolence to a ftate of civilization ; and at the fame time, by introducing the Englifh language, inftead of their own barren dialect, to inftil into their minds the principles of morality and religion.
To accomplifh this defign, he procured benefactions from many well difpofed per- fons both here and in England ; and began a fchool at Stockbridge ; where the Indian youth were to be maintained, under the in- ftruction of two mafters ; one to overfee their ftudies, and the other their field labor ; whilft a matron fhould direct the female children in acquiring the arts of domeftic life. Death put an end to the labors of this excellent man before his plan could be accomplifhed.
This defign was revived by Wheelock. Having made fome experiments, he was en- couraged to proceed, by the tractable difpofi- tion of the Indian youths, and their proficien- (1754.) cy in learning ; but efpecially, by the numer- ous benefactions, which he received from the friends of religion and humanity. Among which, a donation of Jofhua Moor, of Mans- printed nar Wheelock's field, being the largeft, in the infancy of the in- rative. ftitution, determined its name 'Moor's fchool.'
To increafe the means of improvement, charitable contributions were folicited in dif- ferent parts of America, in England, and in Scotland. The money collected in England, was put into the hands of a Board of Truftees,
(17495
mad: In
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1769. of whom the Earl of Dartmouth was at the head ; and that collected in Scotland was committed to the fociety for promoting chrif- tian knowledge.
As an improvement on the original defign, a number of Englifh youths were educated with the Indians, both in literary and agri- cultural exercifes ; that their example might invite the Indians to the love of thofe employ- ments, and abate the prejudice which they have univerfally imbibed, that it is beneath the dignity of man to delve in the earth.
As the number of fcholars increafed, it be- came neceffary to erect buildings, and ex- tend cultivation. That part of the country in which the fchool was firft placed, being filled with inhabitants, a removal was con- templated. When this intention was pub- licly known, offers were made by private and public perfons in feveral of the neighbour- ing Colonies. The wary forefight of the founder, aided by the advice of the Board of Truftees, in England, led him to accept an invitation made by the Governor, and other gentlemen of New-Hampfhire. The town- fhip of Hanover, on the eaftern bank of Con- necticut river, was finally determined on, as the moft convenient fituation for the fchool ; to which the Governor annexed a charter of incorporation for an univerfity, which took the name of Dartmouth College, from its ben- efactor, the Earl of Dartmouth. Of this uni- verfity, Doctor Wheelock was declared the founder and the Prefident; with power to nominate his fucceffor, in his laft will. A Board of twelve Truftees was conftituted, with perpetual fucceffion ; and the college
Dec. 13.
di minams
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was endowed with a large landed eftate, con- 1769. fifting of one whole townfhip (Landaff) be- fides many other tracts of land in different fituations, amounting in the whole, to forty- four thoufand acres. One valuable lot, of five hundred acres, in the townfhip of Han- over, given by the late Governor, Benning Wentworth, was fixed upon as the fite of the fchool and college. Befides thefe donations of land, the amount of three hundred and forty pounds fterling, was fubfcribed, to be paid in labor, provifions, and materials for building. With thefe advantages, and the profpect of a rapidly increafing neighbor- hood, in a fertile foil, on both fides of Con- necticut river, Doctor Wheelock removed his family and fchool into the wildernefs. At 1770. firft, their accommodations were fimilar to thofe of other fettlers, on new lands. They September. built huts of green logs, and lived in them, till a proper edifice could be erected. The number of fcholars, at this time, was twenty- four ; of which eighteen were white, and the reft Indians. .
Experience had taught Doctor Wheelock, that his Indian youths, however well educat- ed, were not to be depended on for inftruc- tors of their countrymen. Of forty who had No. s. r. been under his care, twenty had returned to 20, 21 . the vices of favage life; and fome whom he efteemed ' fubjects of divine grace, had not ' kept their garments unfpotted.' It was, therefore, in his view, neceffary that a greater proportion of Englifh youths fhould be edu- cated, to ferve as miffionaries, and overfee the conduct of the Indian teachers. This was given as the grand reafon, for uniting the
Narrative
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1770. college with the Indian fchool, and placing it under the fame government ; though the ap- propriations were diftinctly preferved. That the general concerns of the inftitution might be better regulated, and the intrufion of vic- ious perfons' within the purlieus of the col- lege prevented ; a diftrict of three miles fquare was put under its jurifdiction, and the Prefident was invefted with the office of a magiftrate. In 1771, a commencement was held, and the firft degrees were conferred, on four ftudents ; one of whom was John Whee- lock, the fon and fucceffor of the founder.
Another improvement was made about the fame time, by dividing the Province into counties. This had been long fought, but could not be obtained. The inconvenience to which the people in the weftern parts of the Province were fubject, by reafon of their diftance from Portfmouth, where all the Courts were held, was extremely burdenfome; whilft the convenience and emoluments of office were enjoyed by gentlemen in that vi- cinity. Some attempts to divide the Prov- ince had been made in the former adminif- tration ; but without effect. The rapid in- creafe of inhabitants for feveral years, made a divifion fo neceffary, that it had become one of the principal fubjects of debate, in the Af- fembly, from the time of the Governor's ar- rival. Several feffions paffed before all points could be adjufted. The number of counties, and the lines of divifion, were not eafily a- greed to, and a punctilio of prerogative about the erecting of Courts, made fome difficulty; but it was finally determined, that the num- ber of counties fhould be five ; and the
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Courts were eftablifhed by an act of the 1771. whole, legiflature. It was paffed with a claufe, fufpending its operation, till the King's plea- fure fhould be known. The royal approba- tion being obtained, it took effect in 1771. The five counties were named by the Gover- nor, after fome of his friends in England ; Rockingham, Strafford, Hillfborough, Chefh- ire, and Grafton. The counties of Strafford and Grafton being much lefs populous, than the others, were to remain annexed to the county of Rockingham, till the Governor, by advice of Council, fhould declare them com- petent to the exercife of their refpective ju- rifdictions ; which was done in 1773.
The year 1771 was alfo diftinguifhed by the abolition of paper currency. Silver and gold had been gradually introduced, and the paper had for feveral years been called in by taxes. The time limited for its exiftence be- ing now come, it totally difappeared.
The death of the late Governor produced confequences which materially affected his fucceffor. This family had been for many tat 75. years of the firft rank in the Province, and fome of its members and connexions had held the principal offices. In fuch a cafe, domeftic union may be confidered as neceffary to pre- ferve public honor. The late Governor, though fuperfeded, had been treated with every mark of refpect ; and having no chil- dren, it was expected his fucceffor would be his principal heir. A later will, made in fa- vor of his young widow, and unknown till after his death, caufed a fudden difappoint- ment ; which, if it had evaporated in private reflections only, might have paffed among the
O&t. 14. 1770. K.
LL
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1771. infirmities incident to humanity, and with them might have been configned to oblivion ; for it is beneath the dignity of hiftory, to record the altercations of families, unlefs they are connected with public tranfactions, or events.
Antiquated claims upon the late Gover- nor's eftate were revived ; and law-fuits were commenced, which probably would not have been agitated, if the expected difpofition had been made. But the moft alarming effect of this unhappy difappointment was a queftion, which the Governor moved in Council, March 19. MS depo- ven of the Council. ' whether the refervations of five hundred ' acres, in feveral townfhips, made by the late ation of fe- ' Governor, Benning Wentworth, in the char- ' ter grants, conveyed the title to him ?' The Council determined this queftion in the neg- ative. The Governor then afked, whether they would advife him to grant the faid tracts, to fuch of his Majesty's fubjects, as fhould fettle and cultivate the fame ? To this they gave their affent. Seven of the Counfellors prefént on this occafion were the Governor's relations. The eighth was Peter Livius, a gentleman of foreign extraction, who enter- ed his diffent. He had for feveral years ferv- ed as a Juftice of the Common Pleas ; but on the divifion of the Province into counties, it was neceffary to iffue new commiffions. Finding himfelf overlooked in the appoint- ment of officers, and his private affairs calling him abroad, he failed for England, and there 1772. exhibited to the Lords of Trade, articles of July 9. complaint againft the Governor and his Council.
The firft was, that the Governor and Coun-
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cil, without any legal procefs, or the inter- vention of a jury, had deprived the grantees under the Crown of their lands, on fuggef- tion only that the conditions had not been fulfilled.
The fecond was, that the duty paid by foreign fhipping, commonly called powder money, had not been accounted for, fince the year 1741 ; and that the Council had refu- fed to join with the Reprefentatives in an in- quiry into this matter in the year 1768.
The third was, that the Governor had moved in Council, that the lands referved to the late Governor, in the charters of town- fhips, fhould be regranted to himfelf, through the medium of another perfon ; and that the proteft of the complainant, againft the legal- ity of this proceeding, was rejected.
The fourth was, that in confequence of the oppofition, which he was in duty bound thus to make, he had been injurioufly treated, and had received perfonal abufe from the Governor.
The fifth was, that pending an action in the Common Pleas, brought by the Gover- nor, though in other names, the Judges had feveral times been changed, till a queftion on a point of law was determined in favor of the Governor.
The fixth article ftated, that the complain- ant had expected to prove feveral of the above facts, by referring to copies of the Council records in their Lordfhip's office ; but was furprifed to find that the Governor had dif- obeyed his inftructions in not fending them.
The memorial concluded with a general charge of partiality arifing from the family connexions of the Governor and Council.
1772. Printed complaint.
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HISTORY OF
. 1772. Copies of this memorial were fent to the MS copies. Governor and Council, who feparately pre- pared and returned diftinct anfwers to the feveral articles of complaint.
To the firft, it was faid, that the refump- tion of grants forfeited by non-compliance with the conditions of fettlement was fup- ported by the opinion of the Attorney and · Solicitor General, given in 1752; that the in- variable ufage in thefe cafes, had been to iffue notice to delinquent proprietors, that they fhould appear on a fet day, and fhew caufe why their fhares should not be forfeited and regranted; that their allegations had been al- ways treated with proper refpect, and that no complaint of injuftice had been made by any perfons whofe grants had been thus refumed.
To the fecond it was anfwered, that the amount of powder-money, during the former adminiftration, though long neglected had been lately recovered ; and that fince 1768, it had been regularly accounted for. The reafon for the non-concurrence of the Coun- cil, with the vote for inquiring into this mat- ter, was their refpect to the royal prerogative, conceiving that the Houfe had no concern with the matter.
To the third article, it was faid, that the late Governor, confcious of the infufficiency of his title, had folicited his fucceffor for grants of thefe refervations, which he had declined giving, unlefs a mandamus from the King could be procured ; that this uncer- tainty had prevented his alienating them ; that in confequence, they were uncultivated and forfeited ; that fome of thefe lands had been regranted to other perfons ; but that
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. the prefent Governor had no intereft directly or indirectly in them. The Council denied, that the Governor had ever propofed the granting of thefe lands to himfelf, through another perfon. They alfo denied that the diffent of the memorialift had been refufed.
The charge of perfonal abufe, in the fourth article, was contradicted and retorted ; but it was conceded, that the Governor had told him that his reafons of diffent were not founded in truth.
In anfwer to the fifth article, it was ac- knowledged, that the action was brought for the Governor's benefit ; but that any unfair means were ufed to influence the Court was denied. This denial was corroborated by the depofitions of the Judges themfelves, and of the Attorneys who were concerned in the fuit. It was alfo proved that the judgment of the Court on the queftion of law, was of no moment, being reverfed by the Superior Court, before which the caufe was carried by appeal.
To the fixth article, it was anfwered, that the Governor had directed the Secretary to furnifh him with copies of all the public tranfactions which had ufually been fent to England, and that he had regularly tranf- mitted them. But it appeared from the af- fidavit of the Secretary, that in June 1760, the late Governor had ordered him not to tranfcribe the minutes of the Council, when fitting without the Affembly, unlefs fpecially directed ; and fince that time it had been ufual to fend the journal of the Council when fitting as a Houfe of Affembly, and not as a Council of State.
1772.
ST
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1772.
In fine the Council denied that they had ever acted in their public capacity, from any private or family intereft ; but afferted, that they had frequently given their judgment di- rectly againft it ; and they concluded with very fevere reflections on the complainant.
1773.
MS copies.
With thefe anfwers, were tranfmitted a great number of depofitions, from perfons of all ranks and profeffions, teftifying in favor of the Governor. Thefe being laid before
May IO. Printed re- prefecta- Cion.
the Lords of Trade, and the memorialift be- ing heard in reply, the Board reprefented to the King, that the complaint againft the Go- vernor ' had been fully verified.' At the fame time they thought it their duty to repre- fent, 'that the reports which they had receiv- ' ed, through different channels, of the fitu- ' ation of affairs within New-Hampfhire, did ' all concur in reprefenting the colony to ' have been, fince Mr. Wentworth's appoint- ' ment, in a ftate of peace and profperity ; " that its commerce had been extended, and ' the number of its inhabitants increafed ; " and that every attempt made to excite the ' people to diforder and difobedience, had ' been, by the firm and temperate conduct of ' Mr. Wentworth, fuppreffed and reftrained.' When the caufe was reheard before a com- mittce of the Privy Council, it was obferved by the Governor's advocate, that 'peace, prof- 'perity and obedience, were not compatible ' with oppreffion and injuftice; and that how- 'ever the Lords of Trade had in the begin- 'ning of their report condemned the Gover- ' nor, they had, by the praife beftowed upon ' him, in the end contradicted themfelves.'
Jely 29.
The Lords of the committee reported to
15 ptorsin
n
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the King in Council, their judgment upon 1773. feveral articles of the complaint, in fubftance Aug. 26, as follows.
printed re- port.
"'That by the law of England, when lands were granted, upon condition, the breach of that condition muft be found by a jury under a commiffion from the Court of Chancery ; but that no fuch Court exifted in New-Hamp- fhire ; and though the general rule was that the law of England extended to the Colonies, yet it muft be underftood to mean, fuch part of the law as is adapted to the ftate and con- flitution of them. That though the Gover- nor had refumed and regranted lands, yet there was no evidence that fuch refumptions had been made without proof or public no- toriety, that the conditions of former grants had not been complied with ; and that no complaint had been made by any perfon fuppofed to be injured. That it had not been proved that refumptions had been made without notice to the proprietors ; and it had not even been fuggefted, in cafes where time had been allowed, that grants were refumed before the expiration of it. That the lands granted to the late Governor were granted in the name of the King, which was fufficient to convey a title ; and that the Council was miftaken in thinking otherwife. That the Governor, by their advice, did refume and regrant feveral tracts of land which had been granted to the late Governor ; but it had not been proved that the faid lands were regrant- ed in truft for himfelf ; and in many inftan- ces fuch lands were regranted to different in- habitants for their own ufe and benefit ; and that the late Governor's widow had not com-
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1773. plained of any injury, by fuch refumption. That it appeared to have been the conftant practice when any ftanding juftice of a Court was interefted in a fuit, for a fpecial Juftice to be appointed ; that other caufes were de- pending at the fame Inferior Court of Com- mon Pleas, in which the ftanding Juftices were interefted, and there was no proof that fpecial Juftices were appointed on account of that particular caufe in which the Governor was concerned ; but that the commiffion was folicited in the common form ; and that the defendant himfelf had teftified that he had no objection to the commiffion or to the fpe- cial Juftices. With refpect to the tranfinif- fion of the records of Council, it was their opinion that it might be proper to revive that practice, as it had been conducted previoufly to the year 1760.
But upon the whole, they fubmitted their judgment that there ' was no 'foundation for any cenfure upon the faid ' Governor, for any of the charges contained ' in the complaint, and that the general con- ' duct of his adminiftration had tended great- ' ly to the peace and profperity of the faid 'Province.'
October 8.
This report was approved by the King in Council, and the complaint was difmiffed. But the Governor was ftrictly enjoined, to tranfmit to the Lords of Trade, authentic copies of the journals of the Council, as a Council of State.
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