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 7
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After this account was taken 'feveral other children' died of the throat diftemper .. In the town of Hampton 13 more within the year 1736. So that the whole number muft have exceeded a thoufand. In the town of Kittery, in the County of York, died 122.
It appears alfo, from the church records of Hampton, that from January 1754, to July 1755, fifty-one perfons died of the fame diftemper, in that town. -
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HISTORY OF
CHAP. XVII.
State of parties. Controverfy about lines. Commifioners ap- pointed. Their fefion and refult. Appeals. Complaints.
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€ E have now come to that part of the Hiftory of New-Hampfhire, in which may be feen, operating in a finaller fphere, the fame fpirit of intrigue which has fre- quently influenced the conduct of princes, and determined the fate of nations. Whilft on the one hand, we fee Maffachufetts ftiffly afferting her chartered claims ; and looking with contempt, on the fmall Province of New-Hampshire, over which the had for- merly exercifed jurifdiction ; we fhall fee, on the other hand, New-Hampfhire aiming at an equal rank, and contending with her for a large portion of territory ; not depending folely on argument ; but feeking her refuge in the Royal favor, and making intereft with the fervants of the Crown. Had the controver- fy been decided by a court of law, the claims of Maffachufetts would have had as much weight as thofe of an individual, in a cafe of private property ; but the queftion being concerning a line of jurifdiction, it was nat- ural to expect a decifion, agreeable to the rules of policy and convenience ; efpecially where the tribunal itfelf was a party con- cerned.
It muft be obferved, that the party in New- Hampfhire, who were fo earneftly engaged in the eftablifhment of the boundary lines, had another object in view, to which this
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was fubordinate. Their avowed intention was to finifh a long controverfy, which had proved a fource of inconvenience to the peo- ple who refided on the difputed lands, or thofe who fought an intereft in them ; but their fecret defign was to difplace Belcher, and ob- tain a Governor who fhould have no connexion with Maffachufetts. To accomplith the prin- cipal, it was neceffary that the fubordinate object fhould be vigoroufly purfued. The Government of New-Hampfhire, with a fala- ry of fix hundred pounds, and perquifites amounting to two hundred pounds more, equal in the whole to about eight hundred dollars per annum, was thought to be not worthy the attention of any gentleman ; but if the lines could be extended on both fides, there would be at once an increafe of territo- ry, and a profpect of fpeculating in landed property ; and in future there would be an increafe of cultivation, and confequently of ability to fupport a Governor.
The people were told that the lands would be granted to them ; and by this bait they were induced to favor the plan ; whilft the miniftry in England, were flattered with the idea, of an increafe of crown influence in the plantations.
The leading men in Maffachufetts were aware of the views of thofe in New-Hamp- fhire, and determined to guard againft them. They prefumed, that a line of jurifdiction would not affect property ; and therefore en- deavored to fecure the lands to themfelves, by poffeffion and improvement, as far as it was practicable. The fame idea prevailed among the Governor's friends in New-Hamp-
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HISTORY OF
fhire. They perceived, that a tract of wil- dernefs on the north eaftern fide of Merri- mack River, and the ponds which flow into it, muft doubtlefs fall into New-Hampfhire. For thefe lands they petitioned the Governor, and a charter was prepared, in which this whole tract, called King's-Wood, was granted to them. It contained all the lands not be- fore granted, between the bounds of New- Hampshire on the fouth-weft and north-eaft ; which, according to the ideas of thofe con- cerned, would have been fufficient for about four large townfhips.
Governor Belcher had a difficult part to act. He was at the head of two rival Prov- inces ; he had friends in both, who were feek- ing their own as well as the public intereft : He had enemies in both, who were watching him, eager to lay hold on the moft trivial miftake, and magnify it to his difadvantage. His own intereft was to preferve his commif- fion, and counteract the machinations of his enemies ; but as the fettlement of the line, ' and the removing of him from his office, were carried on at the fame time, and by the fame perfons, it was difficult for him to op- pofe the latter, without feeming to oppofe the former. Befides, Mr. Wilks, the agent of Maffachufetts, was well known to be his friend ; and when it was found neceffary to increafe the number, one of them was his brother, Mr. Patridge. On the other hand, Mr. Rindge and Mr. Thomlinfon were his avowed enemies. There was alfo a difference in the mode of appointing thefe agents. Thofe of Maffachufetts were conftituted by the Council and Reprefentatives, with the Gov-
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ernor's confent. Thofe of New-Hampfhire were chofen by the Reprefentatives only, the Council nonconcurring in the choice ; which, of courfe, could not be fanctioned by the Governor's fignature, nor by the feal of the Province.
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When the petition which Rindge prefented 1732. to the King, had been referred to the Board of Trade, and a copy of it given to Wilks, to be fent to his conftituents, it became neceffa- ry that they fhould inftruct him. Their in- ftructions were definedly expreffed in fuch ambiguous terms, that he was left to guefs their meaning, and afterward blamed for not reprt of obferving their directions. His embarraff- ment on this occafion, expreffed in his petition and counter petition, to the Board of Trade, protracted the bufinefs, and gave it a com- plexion, unfavorable to his conftituents, but extremely favorable to the defign of New- Hampshire.
To bring forward the controverfy, Parris, 1733. the folicitor for the agents of New-Hamp- fhire, moved a queftion, 'From what part of Printed brief. MS report.
'Merrimack river the line fhould begin ?' The Board of Trade referred this queftion, to the Attorney and Solicitor General, who appointed a day to hear council on both fides. The council for New-Hampfhire infifted, that the line ought to begin three miles north of the mouth of the Merrimack. The council for Maffachufetts declared, that in their opin- ion, the folution of this queftion would not determine the controverfy, and therefore de- clined faying any thing upon it. The attor- 1734. ney and folicitor reported, that ' whether this ' were fo or not, they could not judge ; but
THE PUDEDDV
Hutchinfon 11 385. Wilik's pe- titions and
Board of Trade MS.
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HISTORY OF
Jane 5.
1734. ' as the queftion had been referred to them, ' they were of opinion, that according to the ' charter of William and Mary, the dividing ' line ought to be taken, from three miles ' north of the mouth of Merrimack, where it ' runs into the fea.' Copies of this opinion 1735. were given to each party ; and the Lords of Trade reported, that the King fhould appoint
June 5. Commiffioners, from the neighboring Provin- ces, to mark out the dividing line. This re- port was approved by the Lords of Council.
Much time was fpent in references, meffa- 1737. ges and petitions, concerning the adjuftment of various matters ; and at length, the prin- Fcb. 4 & 9. cipal heads of the commiffion were determin- ed. The firft was, that the commiffioners fhould be apointed, from among the Coun- fellors of New-York, New-Jerfey, Rhode-Ifl- and and Nova-Scotia. Thefe were all royal governments, except Rhode-Ifland ; and with that Colony, as well as New-York, Maffachu- fetts had a controverfy, refpecting bounda- ries. Connecticut, though propofed, was de- fignedly omitted, becaufe it was imagined that they would be partial to Maffachufetts, from the fimilarity of their habits and inter- efts. The other points were, that twenty commiffioners fhould be nominated, of whom five were to be a quorum ; that they fhould Printed meet at Hampton, in New-Hampfhire, on the brief. firft of Auguft, 1737 ; that each Province fhould fend to the Commiffioners, at their first meeting, the names of two public officers, on whom any notice, fummons, or final judg- ment might be ferved ; and at the fame time fhould exhibit, in writing, a plain and full fate of their refpective claims, copies of which
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fhould be mutually exchanged ; and that if 1737. either, Province fhould neglect to fend in the names of their officers, or the full ftate of their demands, at the time appointed, then the Commiffioners fhould proceed ex parte. That when the Commiffioners fhould have made and figned their final determination, they fhould fend copies to the public officers, of each Province ; and then fhould adjourn for fix weeks, that either party might enter their appeal.
Thefe points being determined ; the Board Feb. 18. of Trade wrote letters to Belcher, enclofing the heads of the propofed commiffion, and di- recting him to recommend to the Affemblies of each Province, to choofe their public offi- cers, and prepare their demands, by the time when the Commiffioners were to mect. Thefe were accompanied with letters to the Gover- nors of the feveral Provinces, from which the Commiffioners were elected, informing them of their appointment. The letters were delivered to Parris, and by him to Thomlin- fon, to be fent by the firft fhip to America, Parris. Thofe to Maffachufetts and New-Hampfhire, were directed, the one to Mr. Belcher, by name, as Governor of Maffachufetts ; the other, to the commander in chief, refident in New-Hampfhire ; and it was required that the delivery of the letters fhould be certified by affidavit. The defign of this fingular in- junction was, that Dunbar, if prefent, fhould receive the letter, and call the Affembly of New-Hampfhire immediately ; and that if Belcher fhould forbid or hinder it, the blame of the neglect fhould fall on him. At the fame time another letter, refpecting a peti-
Original letters 03
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Pour alrin
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HISTORY OF
1737. tion of a borderer on the line, and contain- ing a reprimand to Belcher, was fent in the' fame manner, to be delivered by Dunbar, into Belcher's hands .. Thefe intended af-' fronts, both failed of their effect ; Dunbar having, before the arrival of the letters, taken his paffage to England.
Feb. 15. Original MS letter.
The anxiety of Thomlinfon, to have the earlieft notice poffible, of the intended com- miffion fent to New-Hampfhire, led him not only to forward the public letters ; but to fend copies of all the tranfactions, to his friends there. In a letter to Wiggin and Rindge (thecommittee who correfponded with him) he advifed them, to make the neceffary preparations, as foon as poffible, to act in con- formity to the commiffion and inftructions ; and even went fo far as to nominate the per- fons, whom they fhould appoint,' to manage their caufe before the Commiffioners.
March 18.
Thefe papers were communicated to the Affembly, at their feffion in March ; and at the fame time the Governor laid before them, a copy of the report of the Board of Trade, in favor of a commiffion, which had been made in the preceding December. In con- fequence of which, the Affembly appointed a· committee of eight* who were empowered ' to prepare witneffes, pleas and allegations, ' papers and records, to be laid before the ' Commiffioners ; to provide for their recep- ' tion and entertainment, and to draw upon ' the Treafurer for fuch fupplies of money as ' might be needful.' This appointment was
April 1.
A ffembly Records & printed brief.
* Shadrach Walton, .George Jaffrey, Of the
Andrew Wiggin,
John Rirdec. Of the Thomas Picker, Houfe.
Jetham Odiorne, Council.
Theodore Atkinfon.
James Jaffrey.
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made by the united voice of the Council and 1737. Reprefentatives, and confented to by the Governor ; and though it was made, three weeks before the reception of the letters, from the Lords of Trade, directing the appointing of public officers, and preparing a ftatement of claims ; yet it was underitood to be a full compliance with the orders and expectations of the government in England.
The fame day on which this order paffed, the Governor prorogued the Affembly to the fixth of July ; and on the twentieth of June he prorogued it again, to the fourth of Au- guft.
The letters refpecting the commiffion, were delivered to Mr. Belcher, on the twenty-fe- cond of April ; and he acknowledged the receipt of them, in a letter to the Board, of Trade, on the tenth of May. The commif- fion itfelf was iffued on the ninth of April, and fent to Mr. Rindge ; who kept it till the meeting of the Commiffiopers, and then de- livered it to them. The expenfe of it, amount- ing to one hundred and thirty-five pounds fterling, was paid by the agents of New- Hampfhire.
At the fpring feffion of the General Court May 27. in Maffachufetts ; the Governor laid before them the letter from the Lords of Trade, in- clofing an order from the Privy Council, and recommended to them to ftop all proceffes in law, refpecting any difputes of the border- ers, till the boundaries fhould be determin- ed. During the fame feffion, he reminded them of the order, and defired them to con- fider it; telling them that he had no advice of July 4. the appointment of Commiffioners. His
Journal of Affembly-
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HISTORY OF
1737. meaning was, that the commiffion itfelf, in which they were named, had not been fent to him ; nor was he actually informed that it was in America, till after he had prorogued the Affemblies of both Provinces to the fourth of Auguft. In obedience to the royal order, July 5. the Affembly of Maffachufetts appointed Jo- fiah Willard, Secretary, and Edward Winf- low, Sheriff of Suffolk, to be the two public officers; on whom, or at whofe place of abode, any notice, fummons, or other procefs of the Commiffioners, might be ferved.
On the day appointed eight of the Com- Auguft F. miffioners met at Hampton .* They publifh- ed their commiffion, opened their court, chofe William Parker their clerk, and George Mitch- el furveyor. On the fame day, the Commit -. MS. origi- tee of eight, who had been appointed by the pal minutes by Mr. Par- Ler .
Affembly of New-Hampfhire, in April, ap- peared ; and delivered a paper to the court, reciting the order of the King, for the ap- pointment of two public officers ; alleging that the Affembly had not been convened fince the arrival of that order ; but, that there fhould be no failure for want of fuch officers, they appointed Richard Waldron, Secretary, and Eleazer Ruffell, Sheriff. They alfo de- livered the claim and demand of New-Hamp- fhire, in the following words. 'That the ' fouthern boundary of faid Province fhould ' begin at the end of three miles north from "the middle of the channel of Merrimack ' river, where it runs into the Atlantic Ocean ;
MS. Min- utes, and Maffachu- fetts Jour- zal, p. 34.
* William Skene Pref. 2 From Erafmus James Phillips, Nova- Ocho Hamilton. S. Scotia.
Samuel Vernon, John Gardner, John Potter, Ezekiel Warner, Ifland.
From Rhode -
George Cornel.
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'and from thence fhould run, on a ftraight ' line, weft, up into the main land (toward " the fouth fea) until it meets his Majefty's 'other governments. And that the northern ' boundary of New-Hampshire fhould begin 'at the entrance of Pifcataqua harbour, and ' fo pafs up the fame, into the river of New- 'ichwanock, and through the fame, into ' the fartheft head thereof ; and from thence 'northweftward, (that is, north, lefs than a ' quarter of a point, weftwardly) as far as the ' Britith dominion extends ; and alfo the weft- ' ern half of the Ifles of Shoals, we fay, lies ' within the Province of New-Hampfhire.'
The fame day, Thomas Berry and Benja- min Lynde, Counfellors of Maffachufetts, ap- peared and delivered the vote of their Affem- bly, appointing two public officers, with a letter from the Secretary, by order of the Governor, purporting, that ' at the laft rifing ' of the Affembly there was no account that any ' commiffion had arrived ; that the Affembly 'ftood prorogued to the fourth of Auguft ; ' that a committee had been appointed, to ' draw up a ftate of their demands, which ' would be reported at the next feffion, and ' therefore praying that this fhort delay might ' not operate to their difadvantage.' Upon this, the committee of New-Hampfhire drew up and prefented another paper, charging Auguft 2. the government of Maffachufetts with 'great ' backwardnefs, and averfion to any meafures, ' which had a tendency to the fettlement of ' this long fubfifting controverfy ; and alfo ' charging their agent, in England, with hav_ MS. Min- utes.
'ing ufed all imaginable artifices, to delay ' the iffue ; for which reafon, the agent of
1737.
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HISTORY OF
1737. 'New-Hampfhire had petitioned the King, ' to give directions, that each party might be ' fully prepared, to give in a ftate of their de- ' mands, at the first meeting of the Commiffion- 'ers ; which direction they had faithfully 'obferved, to the utmoft of their power ; and ' as the Affembly of Maffachufetts had made ' no feafonable preparation, they did, in be- " half of New-Hampshire, except and proteft 'againft any claim or evidence being receiv- 'ed from them, and pray the court to proceed 'ex parte, agreeably to the commiffion.'
It was alleged in favor of Maffachufetts, that by the firft meeting of the Commiffion- ers could not be meant the firft day, but the firft feffion. The court underftood the word in this fenfe, and refolved, that Maffachufetts fhould be allowed time, till the eighth of Au- guft, and no longer, to bring in their claims ; and that if they fhould fail, the court would proceed ex parte. The Court then adjourned to the eighth day.
August 4.
Maffichu- fette Allem- bły Records
The Affembly of New-Hampfhire met on the fourth ; and the Secretary, by the Gov- ernor's order, prorogued them to the tenth, then to meet at Hampton-Falls. On the fame day, the Affembly of Maffachufetts met 'at Bofton ; and after they had received the re- . port of the committee, who had drawn up their claim, and difpatched expreffes to New- York and New-Jerfey, to expedite the other Commiffioners ; and appointed a committee to fupport their claims ;* the Governor ad-
* This committee confifted of Edmund Quincy, William Dudley, Sam. uel Welies, Thomas Berry, and Benjamin Lynde, of the Council ; and ELISHA COOKE. Thomas Cufhing, Job Almy, Heury Rolfe, and Nathan- iel Pearl c, of the House. Cooke died while the Commillioner were fit- .ting. . Ile had been employed on the fame affair at Newbury in 17316
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journed them, to the tenth day, then to meet 1737. at Salifbury. Thus the Affemblies of both Provinces were drawn within five miles of each other ; and the Governor declared, in his fpeech, that he would 'act as a common ' father to both.'
:: The claim of Maffachufetts being prepared, Augunt & was delivered to the Court, on the day ap- pointed. After reciting their grant and char- ters and the judicial determination in 1677, they afferted their ' claim and demand, ftill ' to hold and poffefs, by a boundary line, on Journal, page 6. ' the foutherly fide of New-Hampfhire, be- ' ginning at the fea, three Englifh miles north ' from the Black Rocks, fo called, at the mouth "of the river Merrimack, as it emptied itfelf ' into the fea fixty years ago; thence run- ' ning parallel with the river, as far north- ' ward as the crotch or parting of the river ; ' thence due north, as far as a certain tree, ' commonly known for more than feventy ' years paft, by the name of Endicot's tree ; ' ftanding three miles northward of faid crotch 'or parting of Merrimack river ; and thence, ' due weft to the South Sea ; which (they faid) ' they were able to prove, by ancient and in- ' conteftible evidence, were the bounds inten- ' ded, granted, and adjudged to them ; and ' they infifted on the grant and fettlement as 'above faid, to be conclufive and irrefragable. ' On the northerly fide of New-Hampfhirc, ' they claimed a boundary line, beginning at ' the entrance of Pifcataqua harbour ; paffing
and it was by his means that the bufinefs was then obftruded. In refer- ence to this, Belcher, in a private letter fays, . Generations to come will rife up and call him CURSED.' On account of Canke's death, and the ah- fence of another member, they appointed John Read and Robert Anchmu- ty. Auguft 13.
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HISTORY OF
1737. ' up the fame, to the river Newichwanock ; ' through that to the fartheft head thereof, 'and from thence a due north weft line, till 'one hundred and twenty miles from the ' mouth of Pifcataqua harbour be finifhed.'
The Court ordered copies of the claims of each Province, to be drawn and exchanged ; and having appointed Benjamin Rolfe of Bof- ton, an additional Clerk, th y adjourned to the tenth day of the month.
Aagul 10.
On that day both Affemblies met at the appointed places. A cavalcade was formed from Bofton to Salifbury, and the Governor rode in ftate, attended by a troop of horfe .* He was met at Newbury ferry by another troop ; who, joined by three more at the fup- pofed divifional line, conducted him to the George Tavern, at Hampton-Falls ; where he held a Council and made a fpeech to the Affembly of New-Hampfhire .. Whilft both Affemblies were in feffion ; the Governor, with a felect company, made an excurfion, of three days, to the falls of Amufkeag ; an ac- count of which was publifhed in the papers, and concluded in the following manner : ' His Excellency was much pleafed with the ' fine foil of Chefter, the extraordinary im- provements at Derry, and the mighty falls 'at Skeag.'
Bofton Weekly News Let- ter, Aug. 25.
* This procefion occafioned the following pafquinade, in an affumed Hibernian ftyle.
' Dear Paddy, you ne'er did behold fuch a fight,
As yefterday morning was feen before night. You in all your born days faw, nor I didn'c neither, So many fine horfes and men ride together. At the head. the lower houfe trotted two in a row, Then all the higher houfe pranc'd after the low ; Then the Governor's coach gallop'd on like the wind, And the laft that came forerroft were troopers behind ; But I fear it means no good, to your neck nor mine ; For they fay 'cis to fix a right place for the line.'
Collection of Poems, P. 54
il naisdr
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In the fpeech, which the Governor made 1737. to the Affembly of New-Hampfhire, he re- commended to them to appoint two officers, agreeably to his Majefty's commiffion. The Affembly appeared to be much furprifed at this fpeech ; and in their anfwer, faid, that ' the committee before appointed had already Affembly printed 'given in the names of two officers, which Journal are ' they approved of ; for had it not been done, brief. ' at the firft meeting of the Commiffioners, ' they might have proceeded ex parte."
Confidering the temper and views of Mr. Belcher's opponents, this was rather unfortu- nate for him, fo foon after his profeflion of being ' a common father to both Provinces.' For if the committee had a right to nominate the two officers, then his recommendation was needlefs ; if they had not, it might juft- ly be afked, why did he not call the Affem- bly together, on the fixth of July, to which day they had been prorogued ? The ex- cufe was, that he did it, to avoid any objec- tion, which might be made to the regularity of their appointment ; and to give them an opportunity to ratify and confirm it. The truth was, that Mr. Belcher highly refented 'the conduct of the committee of New-Hamp- fhire, who concealed the commiffion, and never communicated it to him in form. Had he been aware of the ufe, which his enemies might make, of his rigid adherence to forms, when he could not but know the contents of the commiffion, and the time when it muft be executed, prudence might have dictated a more flexible conduct. They did not fail, to make the utmoft advantage of his miftakes,
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HISTORY OF
1737. to ferve the main caufe which they had in view.
The expreffes which were fent by Maffa- chufetts, to call the other Commiffioners, had no other effect than to add to the number, Philip Livingftone, from New-York ; who, being fenior in nomination, prefided in the Court.
To prevent the delay, which would una- voidably attend the taking of plans from ac- tual furveys ; the Commiffioners recom- mended, to both Affemblies, to agree upon a plan, by which the. pretenfions of each Prov- ince fhould be underftood ; but as this could not be done, a plan drawn by Mitchel was accepted, and when their refult was made this plan was annexed to it. They then pro- ceeded to hear the anfwers, which each party made, to the demands of the other, and to : examine witneffes on both fides. Neither party was willing to admit the evidence, pro- duced by the other, and mutual exceptions and protefts were entered. The points in debate were, whether Merrimack river, at that time, emptied itfelf into the fea, at the fame place where it did fixty years before ? Whether it bore the fame name, from the fea, up to the crotch .? and whether it were poffible to draw a parallel line, three miles northward, of every part of a river ; the courfe of which was, in fome places, from north to fouth ?
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