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 22
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bills of credit. Thefe were falutary propo- 1777. fals ; but the moft notable effect of this let- ter was a recommendation from Congref's to Congrefs, Journal of the feveral States 'to confifcate and make Nov. 27. ' fale of all the real and perfonal eftates of ' fuch of their inhabitants and other perfons ' as had forfeited the fame, and the right to ' the protection of their refpective States ; ' and to inveft the money arifing from the ' fales in continental loan certificates, to be ' appropriated as the refpective States fhould ' direct.'
This was a delicate point, and required the moft critical difcuffion. It involved a quef- tion of national law ; and fome perfons who were acquainted with the fubject, thought fuch a ftep not only illegal, but impolitic and dangerous. In cafes of war between inde- Vatte): pendent nations, acknowledging no common fuperior, the acquifition of immoveable pro- perty is not complete till confirmed by a trea- ty of peace. The war between America and Britain was fo far a war between two inde- pendent nations, that the common laws of war ought to have been obferved. Had the eftates of abfentees been taken into poffef- flon, and the income arifing fromn them been applied to the fupport of the war; and had the queftion of property remained undecided till the conclufion of a peace, there is no doubt that the State would have been a gainer both in reputation and intereft ; but when we were daily cheating and deceiving ourfelves with a fraudulent paper medium, it is not ftrange that the voice of juftice toward thofe whom we deemed our enemies could not be heard.
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1778.
The firft ftep toward executing this re- commendation of Congrefs, was an act pro- fcribing certain perfons, to the number of feventy-fix, who had at various times, and for various reafons, quitted this State. Thefe were forbidden to return without leave, un- der the penalty of tranfportation ; and in cafe of a fecond return, they were to fuffer death.
The next ftep, was to confifcate the whole eftate, real and perfonal, of twenty-eight of the profcribed ; of whom it was declared that they had ' juftly forfeited all right to ' protection from the State ; and alfo their ' right to any farther enjoyment of their in- ' tereft and property within it.'
In thefe acts, no diftinction was made be- tween thofe perfons who had withdrawn themfelves from the State, by a fenfe of their duty ; thofe who were in fact Britifh fub- jects, but occafionally refident here ; thofe who had abfconded through timidity ; and thofe who had committed crimes againft ex- prefs law, and had fled from juftice. No con- ditional offer of pardon was made ; no time was allowed for any to return and enter into the fervice of the country ; but the whole were put indifcriminately into one black lift, and ftigmatifed as 'having bafely deferted ' the caufe of liberty, and manifefted a dif- ' pofition inimical to the State, and a defign ' to aid its enemies in their wicked purpofes.'
Some perfons who had legal demands on thefe eftates, had for the fecurity of their debts laid attachments on them ; but by another act, all attachments which had been made fince the commencement of hoftilities, were declared null and void, and the Courts were required to difmifs them.
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Truftees were appointed in each county to take poffeffion of all thefe eftates, real and perfonal ; and to fell the perfonal immedi- ately at public auction ; with a difcretionary power to leave out of the fale fuch articles as they fhould deem neceffary, to the fup- port of the families of the profcribed. To preferve fome farther appearance of juftice, the creditors of thefe eftates, though they were not allowed to bid at the auctions with- out payment, were ordered to exhibit their claims to the truftees, and in cafes of infol- vency, all claims were to be fettled by the Judges of Probate.
Whilft the fettlement of thefe eftates was going on, the money was rapidly deprecia- ting. After the year 1777, the State iffued no more bills, and the former were called in and exchanged for Treafurer's notes on in- tereft, of a value not lefs than five pounds. The Continental bills continued paffing and depreciating till the fpring of 1781, when fuddenly, and by general confent, they went out of circulation, and folid coin fucceeded in their place. Then a fcale of depreciation for the preceding years of the war was fra- med, and all paft payments were regulated by it. The treaty of peace obliged us to pro- ceed no farther in the matter of confifcations. By a fubfequent act, the Judges of Probate were empowered to liquidate by the fcale of depreciation, the fums paid into the Treasury 1783. by the Truftees ; to receive claims againft the eftates, and to adjuft and certify the fame to the Prefident, who was authorifed to or- der the Treafurer, to iffue notes, bearing in- tereft from the time when the faid fums were
1778.
March &
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HISTORY OF
1778. paid into the Treafury ; which notes the cred- itors were to receive in payment ; but if any of the eftates should prove infolvent, then the creditors were to receive their average. In this manner fome of thefe eftates have been fettled and the creditors paid ; others remain unfettled. Some of them barely paid the ex- penfes of their management ; others were rendered infolvent. The eftate of the late Governor paid all the demands upon it ex- cepting that of his father ; who generoufly withdrew his claim that the other creditors might be paid in full .* The clear profit to
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* The following papers are taken from the Regiftry of Probate for the county of Rockingham.
' Rockingbort, F. Feb. 16, 1786. I hereby certify, that the fums ' againft cach perfon's name herein fet down, were refpectively due to ' them the laft day of July 1782, from the eftate of the late Governor, ' John Wentworth, Efq at which time it appears there had been receiv. ' ed into the Treafury, a fufficiency to pay all the demands, exhibited ' againft him, except his father's ; who has withdrawn his, that the ' others might be paid in full. P. White, Judge of Probate.'
' Portimouth, Feb. 6, 1785. Sir, After confidering the great delays ' in fettling the demands againft the eftate of my fon, Governor Went- ' worth, and the probability, from the ill management thereof, before it ' fell under your direction, that it will be greatly infolvent ; and feeling ' for the diftrefs of many of the creditors, and wifhing that all may have ' their juft demands paid, I have determined to remove their embarrati- " ment as far as I can, by withdrawing my account and claim, until theirs ' be fully arjufted and difcharged, by you or other proper officers. Re- ' ferving to myfelf Gill the right of claiming, if there fhould be found a ' furplus or balance in his favor. For as proved by my account and au- " theutic vouchers ready to be produced, that, exclufive of my account be. ' fore, I have paid off feveral creditors to a confiderable amount, fince he ' left this governo ent ; and had alfo greatly augmented the value of his ' eftate st Wolfborough, by my advances and care thereof, all to the benefit ' of his prefent creditors. I fhall therefore be greatly obliged, by your di- ' recting that my account be font me ; and I fhall hope for your future ' friendly interpofition, if it thould be found neceffary ; being, with the ' higheft efteem and refpect, your moft humble fervant, ' Mak H. Wentworth.'
' Phillips White, Efq.'
A general ftatement of the claims againft the confifcated eftate of the late Governor Jobn Wentworth, and the neat proceeds from the fale of it ; the account being not yet fertled. April, 1791.
Dr. The claim of M1. H. Wentworth, proved by authentic vouchers. £13680 10 11 3877 15 34
Amount of other claims proved as above,
Paid to feveral other creditors, fioce the Gov- ernor's abfence, by M H. Wentworth. 819 11 6
Cr. Paid into the Treafury by the Truftee for faid eftate,
£18377 17 8₺ 10435 8 6
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the State from all thefe confifcations, as far 1778. as it has been afcertained, is inconfiderable.
Power when delegated without reftric- tions, and for the abufe of which the dele- gate is not held accountable, has a ftrong ten- dency toward defpotifm. The temporary conftitution which we had adopted at the be- ginning of the war, was found, by experience, to have many imperfections ; and the necef- fity of checks and exclufions became every day more evident. Other States were form- ing conftitutions on certain eftablifhed prin- ciples, and defining their rights as a prelimi- nary to the delegation of power. An at- tempt of the like kind was made in New- 1779. Hampfhire. A convention of delegates, cho- fen for the purpofe, drew up and fent abroad a fyftem of government ; but fo deficient was it in its principles, and fo inadequate in its provifions, that being propofed to the people, in their town-meetings, it was rejected. Ano- ther convention was appointed, which had more advantage than the former, the neigh- bouring State of Maffachufetts having digeft- ed and adopted a conftitution, which was fup- pofed to be an improvement on all which had been framed in America. This convention had no lefs than nine feffions, and continued From Jene
for more than two years. In the firft plan od. 1,83.
of government which they compofed, they diftinctly ftated the alienable and unalienable rights of the people. They divided the gov-
ernment into three branches, legiflarive, ex- ecutive and judicial, and defined the limits of each. The legiflative branch was compofed of a Senate and Houfe of Reprefentatives. The Senate was to confift of twelve perfons,
1781, 10
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Salem
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HISTORY OF
1781. five for the county of Rockingham, two for Strafford, two for Hillfborough, two for Che- fhire and one for Grafton. Thefe were to be voted for in town-meetings, and the votes fealed and returned to the Secretary's office. The number of Reprefentatives was limited to fifty, and apportioned among the counties, thus ; twenty for Rockingham; eight for Strafford ; ten for Hillfborough ; eight for Chefhire ; and four for Grafton. Thefe were to be elected by the County Conventions, con- fifting of one delegate for every fifty rateable polls. This mode was recommended, to pre- vent thofe interefted views and that party fpi- rit, which too often appear in fingle towns in the election of Reprefentatives. The execu- tive power was vefted in a Governor, whom the Convention, in their addrefs to the people, defcribed in the following terms : 'They ' have arrayed him with honors, they have 'armed him with power and fet him on high; ' but ftill he is only the right hand of your ' power, and the mirror of your majefty.' But though armed with power and liable to be impeached for mifconduct, he was fhroud- ed from refponfibility, by a Council, without whofe advice he could not take one ftep of any importance. The judicial department was to be appointed by the executive and fup- ported by the legiflative ; but the Judges were removeable for mifconduct, by the Go- vernor and Council, on the addrefs of both Houfes of the Legiflature. Juftices of the Peace were to hold their commiffions five years only. Provifion was made for the ex- clufion of perfons from holding feveral offi- ces at the fame time ; the reafon of which
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was thus expreffed. 'Befides the interfer- 1781. ' ence of feveral offices held by the fame per- ' fon in point of time, which we have feen, ' and the difficulty of one man's giving his ' attention to many matters fufficiently to ' underftand them all, which we have too ' often felt ; there is a ftill ftronger reafon, ' which is the difficulty of a man's preferving ' his integrity in difcharging the duties of ' each.' The encouragement of literature was alfo recommended as effential to the prefer- vation of a free government, and it was de- clared to be the duty of legiflators to cherifh its interefts.
This plan was printed and fent to every town. Sept. 14 The inhabitants were requefted to ftate their objections diftinctly to any parti- cular part, and return them at a fixed time. The objections were fo many and fo various, that it became neceffary to alter the form and fend it out a fecond time. The name of Go- vernor, and moft of his powers, were ftill retained ; but the mode of reprefentation was altered. Inftead of being elected, by coun- Aug 21. ty conventions, the Reprefentatives were to be chofen immediately by the towns ; every incorporated townfhip containing one hun- dred and fifty rateable polls, having the pri- vilege of choofing one ; and every one con- taining four hundred and fifty, of choofing two. Particular attention was given to the mode of appointing officers of militia. In- ftead of fuperior officers being chofen by their inferiors, and inferior officers by the privates, as had been practifed fince the be- ginning of the war, the order of appoint- ment was reverfed, and the privates had no
1782.
336
HISTORY OF
1782. power of choice at all. This was faid to be neceffary to the prefervation of harmony, fub- ordination and difcipline. The fecond plan being fent out was generally approved ; but it was not completed at the time when the news of peace arrived. The old form having expired with the war, it was, by the votes of
1783.
08 .. 31.
March and April. the people in their town-meetings, revived and continued for one year longer. In the following autumn, the new form was finifh- ed ; and the name of Governor being chang- ed to Prefident, it was a third time printed and declared to be 'the civil conftitution for the State of New-Hampfhire.' It took place on the fecond day of the following June, and was introduced at Concord by a religious folemnity, which has fince been repeated at every annual election.
1784.
To the convention which formed this con- ftitution feveral towns in the weftern part of the State did not fend delegates. The caufe of this omiffion, and of fome other eccentri- cities in the conduct of the people in that quarter muft now be explained.
The inhabitants of the diftrict on the wef- tern fide of Connecticut river, which was fev- ered from New-Hampfhire in 1764, had been engaged in a long and bitter controver- fy with the government of New-York. They had even been obliged to have recourfe to arms in defence of their eftates ; and frequent acts of violence had been committed. There was among them a fet of intrepid men, ready to encounter dangers, and trained to hardy enterprife. At the commencement of hof- tilities, by the advice of fome principal op- pofers of the British Government, in the other
O in THOD ATED
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Colonies, a company of thofe people ftyling themfelves Green Mountain Boys, marched to Ticonderoga, and wrefted that fortrefs, to- gether with Crown-Point, out of the hands of the Britifh garrifons. A regiment of them was embodied by order and in the pay of the general Congrefs. Their exertions in the common caufe were meritorious and their fervices were acceptable.
Soon after the declaration of independence, 1776. the inhabitants of that territory affembled in convention to confider their peculiar fituation and concert meafures for their fafety. The opportunity which then prefented for a change in their political connexions, was too precious to be loft. By the diffolution of the bonds which had held America in fubjection to the Crown of Britain, they conceived them- felves free from the government of New- York, to which the moft of them had never voluntarily fubmitted; and, being as they faid, reduced to 'a ftate of nature,' they thought that they had a right to form fuch connex- ions as were agreeable to themfelves. Ac- cordingly they made and publifhed a decla- ration ; ' that they would at all times con- ' fider themfelves as a free and independent
' State ; capable of regulating their own in-
' ternal police ; that they had the fole exclu- ' five right of governing themfelves, in fuch ' manner as they fhould choofe, not repug- ' nant to the refolves of Congrefs ; and that ' they were ready to contribute their propor- ' tion to the common defence.' Under the influence of thefe principles, they formed a plan of government and a code of laws, and petitioned Congrefs to receive them into the union. TT
1784. 1775.
1777. -
Jan. 15.
15
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HISTORY OF
1778. The inhabitants on the eaftern fide of Con- necticut river were very conveniently firu- ated to unite with thofe on the weftern fide, and many of them had the fame principles and views. They argued that the original grant of New-Hampfhire to Mafon was cir- cumfcribed by a line drawn at the diftance of fixty miles from the fea ; that all the lands weftward of that line, being royal grants, had been held in fubjection to the government of New-Hampfhire by force of the royal com- miffions, which were vacated by the affumed independence of the American Colonies ; and Obfciva- tiens on the right of ju- rildiction therefore that the inhabitants of all thofe lands had ' reverted to a ftate of nature.' By this expreffion, however, they did not mean over N. H. Grants. Printed 1728. that each individual was reduced to fuch a ftate ; but that each town retained its corpo- rate unity, unconnected with any fuperior jurifdiction. They diftinguifhed between Publie de- commiffions derived from the King, which ferce of the right of N. Hampthire Graut-, &c. were revokable at his pleafure, and incorpo- rations held on certain conditions, which be- Printed ing performed, the powers and privileges $779. granted by the incorporations were perpetual. They afferted that jurifdictions eftablifhed by royal commitfions could bind a people to- gether no longer than the force which firft compelled continues to operate ; but when the coercive power of the King was rejected, and its operation had ceafed, the people had a right to make a ftand at the firft legal ftage, viz. their town incorporations. Thefe by univerfal confent were held facred ; hence , they concluded that the major part of each one of thofe towns had a right to control the minor part ; and they confidered themfelves
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as fo many diftinet corporations, until they fhould agree to unite in one aggregate body.
In thefe fentiments the people were not all united. The majority of fome towns was in favor of their former connexion, and in thofe towns where the majority inclined the other way, the minority claimed protection of the government.
They fuppofed that the exiftence of their town-incorporations, and of the privileges annexed to them, depended on their union to New-Hampfhire ; and that their acceptance of the grants was in effect an acknowledg- ment of the jurifdiction, and a fubmiffion to the laws of the State ; from which they could not fairly be difengaged without its confent ; as the State had never injured or oppreffed them.
Much pains, were taken, by the other par- ty, to diffeminate the new ideas. Conven- tions were held, pamphlets were printed, and at length a petition was drawn in the name of fixteen towns" on the eaftern fide of Con- necticut river, requefting the new State, which had affumed the name of VERMONT, to receive them into its union, alleging, ' that ' they were not connected with any State, files. ' with refpect to their internal police.' The Affembly at firft appeared to be againft re- ceiving them ; but the members from thofe
1778.
MSS in N. Hampfhire
' I Cornifh,
2 Lebanon, a name given to the
diftrict belonging to
IO Apiborp,
II Enfield,
12 Canaan,
13 Cardigan, now Orange,
14 Landoff.
6 Piermont,
7 Haverhill,
& Bath,
9 Lyman, now divided into Lite tleton and Dalton.
3 Drefden, Dartmouth College ; but now difufed. 1
4 Lime,
5 Orford,
15 Guntlwuite, now New Concord.
16 Morris-town, now Franconia.
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HISTORY OF
June II.
1778. towns which were fituated near the river on the weft fide, declared that they would with- draw and join with the people on the eaft fide, in forming a new State. The queftion was then referred to the people at large, and means were ufed to influence a majority of the towns to vote in favor of the union, which the Affembly could not but confirm. The fixteen towns were accordingly received ; and the Vermont Affembly refolved, that any other towns on the eaftern fide of the river might be admitted on producing a vote of a majority of the inhabitants, or on the appointment of a Reprefentative. Being thus admitted into the State of Ver- mont, they gave notice to the government of New-Hampfhire, of the feparation which they had made, and expreffed their wifh for an amicable fettlement of a jurifdictional line, and a friendly correfpondence.
June 25.
Aug. 22.
The Prefident of New-Hampfhire, in the name of the Affembly, wrote to the Gover- nor of Vermont, claiming the fixteen towns as part of the State, the limits of which had been determined prior to the revolution ; reminding him that thofe towns had fent delegates to the convention in 1775 ; that they had applied to the Affembly for arms and ammunition, which had been fent to them ; that their military officers had accept- ed commiffions and obeyed orders from the government ; that the minority of thofe towns was averfe to a difunion, and had claimed protection of the State, which the Affembly thought themfelves bound to af- ford ; and befeeching him to ufe his influ- ence with the Affembly of Vermont to dif- folve the newly formed connexion,
,
ماهه
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At the fame time, the Prefident wrote to 1778. the delegates of the State in Congrefs ; de- Aug. 19. firing them to take advice and endeavour to obtain the interpofition of that body ; inti- mating his apprehenfion, that without it, the controverfy muft be decided by the fword, as every condefcending meafure had been ufed from the beginning and rejected.
The Governor and Council of Vermont fent a meffenger to Congrefs to fee in what light the new State was viewed by them. On his return he reported, that the Congrefs was unanimoufly oppofed to the union of the fix- teen towns with Vermont; otherwife they (ex- cepting the delegates of New-York ) had no ob- jection to the independence of the new State.
At the next feilion of the Vermont Af- fembly at Windfor, when the Reprefentatives of the fixteen towns had taken their feats, a de- bate arofe on a queftion, whether they fhould be erected into a new county, which paffed in the negative. Conceiving that they were not admitted to equal privileges with their brethren, the members from thofe towns with- drew ; and were followed by feveral others belonging to the towns adjoining the river on the weft fide. They formed themfelves into a convention, and invited all the towns on both fides of the river to unite, and fet up another State by the name of New-Connec- ticut. This feceffion had nearly proved fatal to the State of Vermont. A ridge of moun- tains which extends from fouth to north through that territory, feemed to form not only a natural, but a political line of divifion. A more cordial union fubfifted between the people on the caftern fide of the Green Moun-
October.
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HISTORY OF
1778. tains, and the eaftern fide of Connecticut river, than between the latter and thofe on the wef- tern fide of the mountains ; but thefe alone were infufficient, without the others, to make a State. The Governor, and other leading men of Vermont, who refided on the weft fide of the Mountains, wrote letters to the Affembly of New-Hampfhire, informing them of the feparation, and expreffing their difap- probation of a connexion with the fixteen towns. The Affembly regarded thefe letters as ambiguous, and as not expreffing a difin- clination to any future connexion with them. Jealoufy is faid to be a republican virtue ; it operated on this occafion, and the event pro- ved that it was not without foundation.
Dec. 9.
A convention of delegates from feveral towns on both fides of the river affembled at Cornifh and agreed to unite, without any re- gard to the limits eftablifhed by the King in 1764 ; and to make the following propofals to New-Hampfhire, viz. either to agree with them on a dividing line, or to fubmit the dif- pute to Congrefs, or to arbitrators mutually chofen. If neither of thefe propofals were accepted, then, in cafe they could agree with New-Hampfhire on a form of government, they would confent that 'the whole of the ' grants on both fides of the river fhould con- ' nect themfelves with New-Hampshire, and ' become one entire State, as before the royal ' determination in 1764.' Till one or other of thefe propofals fhould be complied with they determine 'to truft in Providence and ' defend themfelves.'
1779.
An attempt was made in the following year to form a conftitution for New-Hampfhire,
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in which the limits of the State were faid to 1779. be the fame as under the royal government ' referving neverthelefs our claim to the New- ' Hampfhire Grants weft of Connecticut ri- ' ver.' Though this form of government was rejected by a majority of the people ; yet there was a difpofition in a great part of the Affembly to retain their claim to the whole of the grants weftward of the river. At the fame time the State of New-York fet up a claim to the fame lands, and it was fufpected, perhaps not without reafon, that intrigues were forming to divide Vermont between New-Hampfhire and New-York, by the ridge of mountains which runs through the terri- tory. Certain it is that the Vermonters were alarmed ; and, that they might have the fame advantage of their adverfaries, they extended their claim weftward into New-York, and eaftward into New-Hampfhire ; and thus not only the fixteen towns, but feveral other towns in the counties of Chefhire and Graf- ton, became incorporated with Vermont by ' articles of union and confederation.'
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