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 23
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It is not eafy to develope the intrigues of the feveral parties, or to clear their tranfac- tions from the obfcurity which furrounds them .* He who looks for confiftency in the proceedings of the Conventions and Affem- blies which were involved in this controver- fy, will be difappointed. Several interfering interefts confpired to perplex the fubject. The people on the weftern fide of the Green
. The author has fpared no pains to gain as perfect a knowledge of there things as the nature of them will admit. If he has not Succeeded in obtaining materiale, for a juft and full account, it is his requeft that ttofe who are better a. quainted with the fubject would oblige the public with more accurate information.
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1779. Mountains, wifhed to have the feat of govern- ment among them. Thofe adjoining Con- necticut river, on both fides, were defirous of bringing the centre of jurifdiction to the verge of the river. The leading men in the eaftern part of New-Hampfhire, were averfe to a removal of the government from its old feat. Vermont had affumed independence ; but its limits were not defined. New-York had a claim on that territory as far as Con- necticut River, from which there was no dif- pofition to recede. That State had been al- ways oppofed to the independence of Ver- mont. New-Hampfhire at firft feemed to acquiefce in it ; and fome letters which the Prefident wrote to the Governor of Ver- mont, when threatened with invafion in 1777, were underftood as an acknowledgment of it. Had there been no attempt to unite with the towns on the eaftern fide of the river, New- Hampfhire would perhaps never have oppo- fed the independence of Vermont. But the Affembly was afterward induced to claim all that territory, which before the year 1764, had been fuppofed to be within the limits of the State. This interfered with the claim of New-York ; and at the fame time Maffa- chufetts put in a claim to a part of Vermont. The controverfy had become fo intricate, that it was thought neceffary to be decided by Congrefs ; and application being made to that body, they recommended to the three States of New-York, Maffachufetts and New- Hampfhire, to pafs acts which fhould author- ife Congrefs to determine their boundaries ; and at the fame time they advifed the peo- ple of Vermont to relinquifh jurifdiction over
Sept. 24.
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all perfons on the weft or eaft fides of Connect- 1779. icut river, who had not denied the authority of New-York and New-Hampshire ; and to abftain from granting' lands, or confifcating eftates, within their affumed limits, till the matter fhould be decided. The States of New- York and New-Hampfhire paffed thefe acts ; but Maffachufetts did not. The Vermont Affembly proceeded in granting lands and confifcating eftates ; and Congrefs could only refolve that their proceedings were unwar- rantable.
It was neceffary that nine States fhould be prefent in Congrefs, befide thofe whofe claims were to be heard. A deficiency in the rep- refentation caufed a long delay ; but after the expiration of another year the queftion was brought on. The claims of New-York 1780. and New-Hampfhire were put in ; and both Sept. 20. pleaded that Vermont had no right to inde- pendence. The agents of the New-State afferted their right, and offered to become part of the Union ; intimating, that if they could not be admitted, they fhould be reduced to the neceffity of making the beft terms with the British government .*
* How far intrigues of this kind were carried on it may be difficult to afcertain ; but that the British Government had fome dependence on the defection of Vermont appears from the following paragraph of an inter- cepted letter from Lord George Germaine, to Sir Henry Clinton, dated Whitehall, Feb. 7, 1781.
' The return of the people of Vermont to their allegiance, is an event Printed in ' of the utmoft importance to the King's affairs ; and at this time, if the the Penu- French and Wafhington really meditate an irruption into Canada, may fylvania ' be confidered as oppofing an infurmountable bar to the attempt. Gene- Packet, ' ral Haldiman, who had the fame inftructions with you to draw over Auguft 4, , thofe people, and give them fupport, will, I doubt not, puth up a boty 1781. , of troops, to act in conjunction with them, to fecure all the avenues, . through their country into Canada ; and when the feafon admits, take . poffeffion of the upper parts of the Hudfon's and Connecticut rivers, and . cut off the communication between Albany and the Mohawk country.
, How far they may be able to extend themfelves fouchward and eaftward,
, muft depend on their numbers, and the difpefision of the inhabitants.'
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The caufe was farther perplexed by a conftitutional queftion, whether Congrefs had any power to form a new State within the limits of the union ? The decifion was deferred ; and after eleven months, Congrefs had proceeded no farther, than to lay it down as an indifpenfable preliminary, to the recog- nition of Vermont, as a member of the union ; that they fhould ' explicitly relinquifh all de- ' mands of land and jurifdiction on the eaft "fide of Connecticut river, and on the weft fide of a line drawn twenty miles eaftward ' of Hudfon's river to Lake Champlain.'
02. 19. MS. copy of Vermont rifolves, in N. Hamp- Shire files.
When this refolution was laid before the Affembly of Vermont, which met at Charlef- town, they determined to 'remain firm in the ' principles on which they firft affumed gov- 'ernment, and to hold the articles of union 'inviolate, that they would not fubmit the ' queftion of their independence to the arbit- 'rament of any power whatever ; but they ' were willing at prefent to refer the quef- 'tion of their jurifdictional boundary to ' commiffioners mutually chofen, and when ' they fhould be admitted into the American " union, they would fubmit any fuch difputes ' to Congrefs.'
The ftate of fociety within the feceding towns, at this time, was very unhappy. The majorities attempted to control the minori- ties ; and thefe were difpofed not to fubmit, but to feek protection of the government with which they had been connected. At the fame time and in the fame place, Juftices, Sheriffs and Conftables, appointed by the authority of both flates, were exercifing ju- rifdiction over the fame perfons. Party rage,
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high words and deep refentment, were the 1781. effect of thefe clafhing interefts. An affray which began in the town of Chefterfield, threatened a fcene of open hoftility, between the States of New-Hampshire and Vermont.
A Conftable, appointed by the authority of Vermont, had a writ, in an action of debt againft a man who was in the interoft of New- Hampfhire. He found the man in company with a number of people of his own party; and Nov. 14. attempted to arreft him. The owner of the houfe interpofed. The Conftable produced a book which he faid contained the laws of frions and MS. dope. Vermont, and began to read. The owner of letters in che files. the houfe forbad him. Threatening words were ufed ; and the officer was compelled to retreat. By a warrant from a Vermont Juftice, the houfeholder, and another of the company, were committed to prifon in Charleftown. They fent a petition to the Affembly of New- Hampfhire for relief. The Affembly em- powered the committee of fafety to direct the Sheriff of Chethire to releafe the prifoners ; Nov. 23. they farther empowered the committee to caufe to be apprehended and committed to prifon, in any of the counties, all perfons act- ing under the pretended authority of the State of Vermont, to be tried by the Courts of thofe counties where they might be confi- ned ; and for this purpofe the Sheriff's were empowered to raife the poffe Comitatus.
In attempting to releafe the two prifoners from Charleftown gaol, the Sheriff himfelf was imprifoned by the Vermont Sheriff, under the authority of a warrant from three Juftices. The imprifoned Sheriff applied to a Briga- dier General of New-Hampshire, to raife the
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Jan. 12.
1782. militia for his liberation. This alarmed the Vermonters ; and orders were iffued by the Governor for their militia to oppofe force with force. A committee of Vermont was fent to Exeter, 'to agree on meafures to ' prevent hoftilities.' One of this committee was the Vermont Sheriff; he was immedi- ately arrefted and thrown into prifon at Ex- eter, and there held as a hoftage for the relcafe of the Sheriff of Chefhire. The affembly iffued a proclamation, allowing forty days for the people in the revolted towns to repair to fome Magiftrate of New-Hampfhire, and fubfcribe a declaration, that they acknowledg- ed the extent of New-Hampfhire to Connect- icut river ; and that they would demean themfelves peaceably as good citizens of the State. They alfo ordered the militia of all the counties to hold themfelves in readinefs to march againft the revolters.
jan. I.
While affairs wore fuch a threatening af- pect between the two States, means were ufed at Congrefs to take up the controver- fy on more general ground. A commit- tee, who had under confideration the af- fair of admitting Vermont into the union and determining its boundaries, prevailed on General Wafhington, then at Philadelphia, to write to the Governor of Vermont, advi- fing to a relinquifhment of their late exten- fion, as an 'indifpenfable preliminary,' to their admiffion into the union; intimating alfo, that upon their non-compliance, they muft be confidered as having a hoftile difpofition toward the United States, in which cafe coer- Appendix, cion on the part of Congrefs, however difa- No. 6. grecable, would be neceffary.
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This letter had the defired effect. The 1782. Affembly of Vermont, taking advantage of the abfence of the members from the eaftern Feb. 22. fide of the river, obtained a majority for complying with the preliminary, and refolved, ' that the weftern bank of Connecticut river ' on the one part, and a line drawn from the 'north-weft corner of Maffachufetts, north- ' ward, to Lake Champlain on the other part, be ' the eaftern and weftern boundaries of the ' State of Vermont, and that they relinquifhed 'all claim of jurifdiction without thofe limits.' When the members from the eaftern fide of Connecticut river arrived, they found them- felves excluded from a feat in the Affembly, and took their leave with fome expreffions of bitternefs.
After this compliance, it was expected that Vermont would be admitted into the union, and the queftion was folemnly put in Con- grefs ; but a majority decided againft it; to the no fmall difappointment of many perfons, befide the inhabitants of the difputed territo- ry. The pretence for this decifion was, that they had exceeded the limited time ; but they had complied with the ' indifpenfable prelim- 'inary ;' and the order of Congrefs, requiring it, ftood unrepealed.
Though cut off from their connexion with Vermont, the revolted towns did not at once return to a ftate of peace ; but the divifions and animofities which had fo long fubfifted, continued to produce difagreeable effects. The judicial Courts of New-Hampfhire had fat without much interruption, in the coun- ties of Chefhire and Grafton, whilft the offi- cers of Vermont held jurifdiction alfo ; but
April 24
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when the latter were excluded by the act of the Vermont Affembly, a fpirit of oppofi- tion began to arife againft the fitting of the former.
September.
When the Inferior Court was holden at Keene, a number of perfons appeared, to op- pofe its proceedings, and effected their pur- pofe fo far as to make an adjournment necef- fary ; but three of the leaders of the oppofi- tion were arrefted and bound over to the Su- perior Court. In the mean time efforts were made to raife a party who fhould oppofe the Superior Court ; and it was reported that two hundred men had affociated and armed them- felves for that purpofe. On the morning be- fore the court was opened, feveral of the leaders came to the Judges' chambers and prefented a petition, praying, ' that the Court ' might be adjourned, and that no judicial ' proceedings might be had, whilft the troub- ' les in which the country had been involved
October.
' ftill fubfifted.' They were told that the Judges could come to no determination on the fubject, but in open Court. When the Court was opened, their petition was publicly read ; and the confideration of it was poft- poned to the next day. The Court then pro- ceeded to its common bufinefs. The Grand Jury being impannelled, the doors of the houfe where they met were kept open, whilft the Attorney General laid before them the cafe of the rioters at the inferior Court. A bill was found againft them. They were ar- raigned, they pleaded guilty, and caft them- felves on the mercy of the Court. The Court remitted their punifhment on condition of their future peaceable behavior. This well
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judged combination of firmnefs and lenity 1782. difarmed the infurgents ; and they quietly difperfed. From that time the fpirit of op- pofition to government in that quarter grad- ually abated ; and the people returned to their connexion with New-Hampfhire.
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CHAP. XXVII.
Popular difcontent. Efforts for paper currency. Tender acts. Infurrection. Dignity and lenity of government. Federal Conftitution. -
THE American revolution had been crowned with fuccefs, as far as it refpected our emancipation from foreign jurifdiction, the eftablifhment of forms of government among ourfelves, and our deliverance from war. It remained, to accommodate the minds and manners of the people, under the new adminiftration, to a regular courfe of juftice, both public and private ; to perfect the union of the States ; and to eftablifh a fyftem of fi- nance. Thefe things were neceffary to make the revolution complete.
The extremes of defpotifm on the one hand, and of licentioufnefs on the other, are equally to be avoided. In a juft medium between thefe, a government well balanced and executed with vigor, is capable of pro- ducing the moft valuable benefits. To this point it was neceffary to conduct our revolu- tion. But it was equally neceffary, that it fhould proceed by flow degrees ; that errors in principle fhould be gradually reformed ; and that men fhould be taught, by their own experience, the folly of relying on any fyftem of politics, which, however fupported by popularity, is not founded in rectitude.
A large debt, accumulated by the war, re- mained to be difcharged. For this purpofe, requifitions were made by Congrefs, as well as by the State Government. Silver and
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gold, which had circulated largely in the lat- ter years of the war, were returning, by the ufual courfe of trade, to thofe countries, whence large quantities of neceffary and un- neceffary commodities had been imported. Had any general fyftem of impoft been adopted, fome part of this money might have been retained, and fome part of the public debt difcharged ; but the power of Congrefs did not extend to this object ; and the States were not united in the expediency of dele- gating new and fufficient powers to that bo- dy. The partial impofts, laid by fome of the States, were ineffectual, as long as others found their intereft in omitting them. Re- courfe therefore was had to the ufual mode of taxation on polls and eftates ; by which means, a heavy burden was laid on the huf- bandman and the labourer. Thofe who were punctual in their payments, faw no probable end of their exertions, whilft the negligence of others occafioned repeated demands. Pri- vate creditors, who had fuffered by long for- bearance, were importunate for their dues ; and the Courts of Law were full of fuits.
The people who felt themfelves diftreffed, held conferences with a view to devife means of redrefs. The remedy which appeared to many of them moft eafy, was a new emiffion of paper bills, funded on real eftate, and loan- ed on intereft. To effect this, petitions were addreffed to the Legiflature ; and to remedy the grievance, as far as it was occafioned by a debt of the State, an act was paffed, to draw into the Treafury all notes iffued by the State, and give certificates for the intereft, and for fifteen per cent. of the principal, annually ; W w
1785. Feb. 24.
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1785. which certificates were to be received by the Treafurer for taxes, 'in lieu of, and equal to
' filver and gold.' By this means, it was ex- pected that the debt would gradually be ex- tinguifhed ; and that the people would eafily be enabled to pay at leaft one fpecies of their taxes.
This was far from fatisfying the complain- ants. The public fecurities, they faid, were engroffed by rich fpeculators, and the poor were diftreff'ed for the means of paying their taxes and their private debts. The cry for paper money was inceffant ; and the people were called upon in the public papers, 'to 'affert their own majefty, as the origin of ' power, and to make their Governors know, ' that they are but the executors of the pub- ' lic will.'
To this clamor, the voice of reafon and juf- tice calmly anfwered ; that it was not in the power of the Legiflature to eftablifh any fund, which fhould fecure paper money from depreciation ; that there was fo much paper then in circulation, and the time of its re- demption was fo diftant, that the notes paf- fed at a difcount of fixty, and the certificates of twenty per cent ; that if the quantity were increafed, the depreciation would in- creafe in proportion ; that if bills were iffucd and made a tender in all payments, it would never be in the power of government to re- deem them by filver and gold, becaufe none could be collected ; and in that cafe, no part of the continental or foreign debt could be difcharged ; that if bills were loaned on land fecurity, it would be in the power of the public debtor to purchafe the bills at a re-
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1785.
duced value, and with them to make his pay- ment at the Treafury, in which cafe, though the public cheft might be filled with paper, yet the government would fuffer all the em- barraffment of poverty. It was added, that the Legiflature were by the Conftitution ex- prefsly forbidden to make retrofpective laws, and had no right to alter the nature of pri- vate contracts ; and that fhould the majority of the people petition the government to make paper a lawful tender, it would be their duty to reject the petition as unconftitutional. When it was propofed, that the paper fhould not be a tender for paft but only for future contracts ; it was anfwered, that this would not relieve the debtor, who was fuffering for his paft engagements, and the difficulties which it pretended to cure would ftill exift.
In vain were agriculture and manufac- tures, induftry and frugality recommended as the only adequate fources of relief ; the complainants had no difpofition to apply a remedy fo flow in its operation ; and indeed it was doubtful whether the utmoft exer- tions in that way would have been fufficient, completely to extricate us out of thefe diffi- culties, without fome alteration in our con- federated government.
Similar difficulties, at the fame time, exif- ted in the neighbouring State of Maffachu- fetts ; to remedy which, among other pallia- tives, a law was paffed called a tender-act, 'by Minot's ' which it was provided that executions iffu- History of ' ed for private demands, might be fatisfied rections, tlc Infur-
' by cattle and other enumerated articles, at Page 15. ' an appraifement of impartial men under 'oath.' For fuch a law the difcontented
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1785. party in New-Hampfhire petitioned ; and to gratify them the Legiflature enacted, that Nov. 8. ' when any debtor fhall tender to his credit- ' or, in fatisfaction of an execution for debt, 'either real or perfonal eftate fufficient, the ' body of the debtor fhall be exempt from ' imprifonment, and the debt fhall carry an ' intereft of fix per cent ; the creditor being ' at liberty either to receive the eftate, fo ten- ' dered, at a value eftimated by three appraif- ' ers, or to keep alive the demand by taking ' out an alias, within one year after the return ' of any former execution, and levying it on 'any eftate of the debtor which he can find.' At the fame time an act was made, enlarging the power of Juftices of the Peace, to try and determine actions of debt and trefpafs to the value of ten pounds. Thefe laws were com- plained of as unconftitutional ; the former as being retrofpective, and changing the na- ture of contracts ; the latter as depriving the creditor, in certain cafes, of a right to trial by Jury. But fo ftrong was the clamor for redrefs of grievances ; and fo influential was the example of the neighbouring State, that fome of the beft men in the Legiflature found it neceffary to comply ; whilft another part were fecretly in favor of worfe meafures.
The tender-act, at firft, was made for two years only ; before the expiration of which it was revived, with fome alterations, and continued for three years longer. The effect of this law, in cafes where an attempt was made to execute it, was, that the moft valua- ble kinds of property were' either concealed or made over to a third perfon ; and when the Sheriff came with an execution, it was
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levied on fuch articles as were of little ufe to 1785. the creditor. But the moft general effect of the law was to prevent any demand on the part of the creditor, and to encourage the debtor in neglecting payment.
The fcarcity of money was ftill a grievance which the laws had not remedied, but rather had a tendency to increafe. To encourage its importation into the country the Legifla- ture exempted from all port duties, except light-money, cvery veffel which fhould bring gold and filver only ; and from one half of the duties, if a fum of money equal to one half of the cargo should be imported. But it was to no purpofe to import money, unlefs encouragement were given for its circulation, which could not be expected whilft the ten- der-act was in force ; for every man who owned money thought it more fecure in his own hands, than in the hands of others.
The clamor for paper currency increafed, and, like a raging fever, approached toward a crifis. In every town there was a party in favor of it, and the public papers were con- tinually filled with declamations on the fub- jećt.
It was faid that an emiffion of bills of credit would give a fpring to commerce and encourage agriculture ; that the poor would be able to pay their debts and taxes ; that all the arguments againft iffuing paper were framed by fpeculators, and were intended to ferve the wealthy part of the community, who had monopolifed the public fecurities, that they might raife their value and get all the good bargains into their own hands ; that other States in the union had iffued paper bills, and were rejoicing in the happy effects
1786.
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HISTORY OF
1786. of their currency without any depreciation ; that the people had a right to call upon their Rep- refentatives to ftamp a value on paper, or leather, or any other fubftance capable of receiving an impreffron ; and that to prevent its depreciation, a law fhould be enacted to punifh with banifhment and outlawry, every perfon who fhould attempt by any means to leffen its value .*
The fame party who were fo zealous in favor of paper currency, and againft laws which obliged them to pay their debts, pro- ceeded to inveigh againft Courts and lawyers. The Inferior Courts were reprefented as fine- cures for Judges and Clerks ; the defaulting, appealing, demurring, abatements, fees and bills of cofts, without any decifion, were com- plained of as burdens, and an abolition of thefe courts became a part of the popular cry. . But the party did not content themfelves with writing in the public papers. An at- tempt was made to call a convention, at Con- cord, whilft the Affembly were fitting there, who fhould petition the Legiflature in favor of the plan ; and it was thought, that the pref- ence of fuch a body of men, convened at the fame time and place, would have great weight. This attempt was defeated in a manner fin- gular and humorous.
* A fpecimen of the language ufed on this occafion is as follows, ---- ' Seven States are now bleffed with harmony, plenty and happiness. ' Worthy, industrious men can go to market with a penny in their pock- 'ets ; their benevolent friend", the farmers, meet them half way with ' cheerfulnefs, and are as ready to receive as they to offer ; now one greets ' the other with focial benedictions, trade flourifhes, agriculture increafes, ' mutual confidence is reftored, and harmony reigns triumphant. Elyfian ' fields thefe ! when contratted with the bondage of the inhabitants of ' New-Hampfhire ; for ' in the midft of life, they are in death,' death of ' the worft kind, penury and want of the common bleffing, of Providence. ' How long, freemen of New Hampshire, can. ye bear the yoks of op-
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